In this essay it will be argued that if preferential treatment for individuals who have suffered from past discrimination is permissible in any context, it should be extended to the allocation of scarce medical resources. This contention will be based on two facts: one, that health care, in particular certain life-saving operations, constitutes a scarce social good similar to but more important than other social goods such as desirable jobs and positions in desirable professional schools; secondly, that a (...) claim can plausibly be made that the greater incidence of death due to heart disease among blacks is a result of the effect of past discrimination. In addition, an argument to the effect that preferential treatment is indeed permissible will be sketched that is based upon a critique of the decision in the Bakke case. (shrink)

The new lesson for banking sector came on March 10th 2023, when the bank, which had $212bn of assets, failed with spectacular speed, making it the biggest lender to collapse since the global financial crisis of 2007–2009. By loading up on long-term bonds, Silicon Valley Bank (SVB) had taken an enormous unhedged bet on interest rates staying low. That bet went wrong, leaving the bank insolvent. The analysis of selected reports, data in conjunction with the analysis of financial documents are (...) to indicate the areas of threats related to the privileged treatment of government bonds in banks’ balance statements. As a result of the analysis, the negative consequences of the accumulation of government bonds in banks’ balance sheets and their preferential treatment as zero-riskand background of series of events unfavorable for the bank were indicated. The collapse has been presented as an example of a misguided strategy. The new reality teaches that safe securities, such as government bonds, can no longer be considered as safe. The result of the analysis is to show the possibility of the prediction of not enough liquid assets to satisfy deposit withdrawals and confluence of events caused higher risk. (shrink)

These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups.

In this paper I criticize the claim that fair trade entails a commitment to an ideal of formal equality according to which all members of the trade regime are to receive and offer equal, or uniform, treatment. I first elaborate on the idea of formal equality and its rationales, identify several positive arguments for departing from formal equality, and respond to a number of objections to “special and differential treatment” for poor countries. I then consider in more detail (...) one specific element of formal equality in the trade regime, namely, the principle of reciprocity. Several distinct reciprocity principles are identified, none of which, I argue, should be regarded as a requirement of fairness. Next I consider a more recent interpretation of formal equality that requires trading countries to “harmonize” domestic laws and policies. I argue that harmonization is not required by fairness. (shrink)

In this paper I analyze the nature of groups and collective actions, focusing primarily upon those groups that do not possess either a formal organizational structure or formalized decision procedures. I argue that the unity relation for all groups is a common interest and that the existence of this common interest makes even informal groups specific and enduring entities which can act and be acted upon.In light of this discussion, I proceed to examíne the issue of affirmative action programs and (...) policies of preferential treatment. I argue that by utilizing my theory of groups the most serious objections to such policies --- viz., that they unjustly discriminate against innocent and arbitrarily selected white males in favor of undeserving and arbitrarily selected African Americans and women --- are shown not to be applicable. These objections depend upon reducing groups to their constituent individuals whereas I maintain that some groups ought to be treated as entities themselves. (shrink)

In this paper I analyze the nature of groups and collective actions, focusing primarily upon those groups that do not possess either a formal organizational structure or formalized decision procedures. I argue that the unity relation for all groups is a common interest and that the existence of this common interest makes even informal groups specific and enduring entities which can act and be acted upon.In light of this discussion, I proceed to examíne the issue of affirmative action programs and (...) policies of preferential treatment. I argue that by utilizing my theory of groups the most serious objections to such policies --- viz., that they unjustly discriminate against innocent and arbitrarily selected white males in favor of undeserving and arbitrarily selected African Americans and women --- are shown not to be applicable. These objections depend upon reducing groups to their constituent individuals whereas I maintain that some groups ought to be treated as entities themselves. (shrink)

We investigate how social comparison processes in leader treatment quality impact group members’ self-worth, affect, and behavior. Evidences from the field and the laboratory suggest that employees who are treated kinder and more considerate than their fellow group members experience more self-worth and positive affect. Moreover, the greater positive self-implications of preferentially treated group members motivate them more strongly to comply with norms and to engage in tasks that benefit the group. These findings suggest that leaders face an ethical (...) trade-off between satisfying the moral standard of treating everybody equally well and satisfying individual group members’ desire to be treated better than others. (shrink)

In emergency situations and while medical resources are sufficient, doctors are expected to prioritize and treat patients according to medical criteria only. In MASSCAL situations and when medical resources become insufficient, patient selection and prioritization changes. Rules of triage are applied with the aim of getting the best result possible under the circumstances, e.g., saving the largest number; collective health outweighs individual health. Still, according to the standard ethical principles, non-medical criteria should never influence the doctors’ decision of who will (...) be treated. In military contexts, so-called medical rules of eligibility (MROE) provide rules that include non-medical criteria. This chapter aims to analyze if, why, and under what circumstances it may be ethically acceptable to prioritize patients according to non-medical criteria. (shrink)

s This paper reports studies designed to examine perceptions of preferential selection. Subjects evaluated the fairness of hypothetical cases of selection decisions based on either candidate sex or ethnic origin. A within-subjects design and a between-subjects design yielded convergent results showing that (1) preferential selection was perceived as unfair, irrespective of respondent sex or the basis for the preferential treatment (i.e., candidate sex or ethnic origin), (2) the level of perceived injustice was directly related to the (...) discrepancy in merits between the successful minority candidate and the more qualified yet unsuccessful majority candidate, and (3) the provision of either an ethical or legislative justification for the selection decisions further exacerbated feelings of injustice. Possible interpretations for the findings and practical implications of the study were then discussed. (shrink)

For many centuries, moral theologians devoted significant attention to the significance of honor and fama, yet this extensive inheritance sparked little sustained analysis in the second half of the twentieth century. One particular challenge for a renewed theology of reputation concerns its consistency with a preferential option for the poor. Marginalized persons are often the victims of traditional offenses against fama, especially rash judgment, slander, and insult. Bad reputation poses a significant barrier to their social participation. The strengths and (...) weaknesses of Catholic approaches to fama become clear when one considers them in light of the circumstances of the disadvantaged. Catholic moral theology should thus revisit and revise its treatments of reputation in light of a commitment to the preferential option for the poor. (shrink)

Obstructive sleep apnea (OSA) severely impacts sleep and has long-term health consequences. Treating sleep apnea with continuous positive airway pressure (CPAP) not only relieves obstructed breathing, but also improves sleep. CPAP improves sleep by reducing apnea-induced awakenings. CPAP may also improve sleep by enhancing features of sleep architecture assessed with electroencephalography (EEG) that maximize sleep depth and neuronal homeostasis, such as the slow oscillation and spindle EEG activity, and by reducing neurophysiological arousal during sleep (i.e., beta EEG activity). We examined (...) cross-sectional differences in quantitative EEG characteristics of sleep, assessed with power spectral analysis, in 29 adults with type 2 diabetes treated with CPAP and 24 adults undergoing SHAM CPAP treatment (total n = 53). We then examined changes in spectral characteristics of sleep as the SHAM group crossed over to active CPAP treatment (n = 19). Polysomnography (PSG) from the CPAP titration night was used for the current analyses. Analyses focused on EEG frequencies associated with sleep maintenance and arousal. These included the slow oscillation (0.5–1 Hz), sigma activity (12–16 Hz, spindle activity), and beta activity (16–20 Hz) in F3, F4, C3, and C4 EEG channels. Whole night non-rapid eye movement (NREM) sleep and the first period of NREM spectral activity were examined. Age and sex were included as covariates. There were no group differences between CPAP and SHAM in spectral characteristics of sleep architecture. However, SHAM cross-over to active CPAP was associated with an increase in relative 12–16 Hz sigma activity across the whole night and a decrease in average beta activity across the whole night. Relative slow oscillation power within the first NREM period decreased with CPAP, particularly for frontal channels. Sigma and beta activity effects did not differ by channel. These findings suggest that CPAP may preferentially enhance spindle activity and mitigate neurophysiological arousal. These findings inform the neurophysiological mechanisms of improved sleep with CPAP and the utility of quantitative EEG measures of sleep as a treatment probe of improvements in neurological and physical health with CPAP. (shrink)

We examine metonymy at psycho- and neurolinguistic levels, seeking to adjudicate between two possible processing implementations. We compare highly conventionalized systematic metonymy to lesser-conventionalized circumstantial metonymy. Whereas these two metonymy types differ in terms of contextual demands, they each reveal a similar dependency between the named and intended conceptual entities. We reason that if each metonymy yields a distinct processing time course and substantially non-overlapping preferential localization pattern, it would not only support a two-mechanism view but would suggest that (...) conventionalization acts as a linguistic categorizer. By contrast, a similar behavior in time course and localization would support a one-mechanism view and the inference that conventionalization acts instead as a modulator of contextual felicitousness, and that differences in interpretation introduced by conventionalization are of degree, not of kind. Results from three paradigms: self-paced reading, event-related potentials, and functional magnetic resonance imaging, reveal the following: no main effect by condition for either metonymy type immediately after the metonymy trigger, and a main effect for only the Circumstantial metonymy one word post-trigger ; a N400 effect across metonymy types and a late positivity for Circumstantial metonymy ; and a highly overlapping activation connecting the left ventrolateral prefrontal cortex and the left dorsolateral prefrontal cortex. Altogether, the pattern observed does not reach the threshold required to justify a two-mechanism system. Instead, the pattern is more naturally understood as resulting from the implementation of a generalized referential dependency mechanism, modulated by degree of context dependence/conventionalization, thus supporting architectures of language whereby “lexical” and “pragmatic” meaning relations are encoded along a cline of contextual underspecification. (shrink)

In Grutter, preferential treatment was held to be Constitutional on the basis of the contribution of “diverse” students to the education of their classmates. An implicit assumption in this argument, at least given how schools such as Michigan have interpreted it, is that the contribution involves making it more likely that the other students adopt the beliefs (or perspective) of the minorities. Three beliefs seem relevant here: justice is concerned with equality, racial and ethnic minorities are currently treated (...) unequally, and the state has a mandate to combat this type of injustice. I argued that the first two beliefs are likely false and that in any case they are already well represented on campuses. If my arguments succeed, then this narrow experiential diversity argument is incapable of establishing the moral permissibility, let alone Constitutionality, of these programs. A broader consequentialist argument may avoid this objection but only at the extent of introducing Constitutionally irrelevant considerations. (shrink)

Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to hose persons who, through their abilities, will benefit most from them. Second, he (...) argues that, in the case of slavery, past injustice – where both the victims and perpetrators are long dead – cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person’s existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed. (shrink)

Carl Cohen’s and James Sterba’s debate is an impressive discussion of the legality and morality of various types of affirmative action and a must read for researchers in this field. These two issues bifurcate. The legality of preferential treatment consists of two different issues: Is preferential treatment Constitutional? Does preferential treatment violate laws other than the Constitution? The morality of preferential treatment also consists of two issues: Is preferential treatment right? (...) Is it good? The discussion in this book is wide-ranging and the authors provide a fascinating set of legal and empirical arguments that are a nice complement to the moral arguments that underlie their positions on affirmative action. The only problem with the book is that the moral arguments are somewhat abbreviated. In summary, the debate between Cohen and Sterba is insightful, well researched, and worth reading. Their legal arguments are particularly interesting. In the end, however, neither Cohen nor Sterba provide a plausible argument with regard to whether preferential treatment has effects that make it worth pursuing. Nor does either provide a strong moral case for or against preferential treatment as compensation. (shrink)

In The Empire Strikes Back, African American actor Billy Dee Williams turned the trio into a quartet as Lando Calrissian. Novelist and social activist Alice Walker coined and defined colorism as the “prejudicial or preferential treatment of same‐race people based solely on their color,” according to Kimberly Jade Norwood and Violeta Solonova Foreman. For Norwood and Foreman, colorism is concerned with the lightness and darkness of skin tone, with preference given to whiteness. Colorism in the United States took (...) root during the period of slavery, when “coalescence of needs, beliefs, justifications, and practices had the effect of placing white skin at a premium and dehumanizing black skin.” Jennifer Bloomquist writes that there is “a protracted history of Whites creating Black caricatures,” which includes “underdeveloped Black characters” in American entertainment. Boyega overlooks the presence of culture and the representation of other races and ethnicities throughout the Star Wars films and even throughout the various television series. (shrink)

Affirmative action programs are not justified by compensatory justice. They place a disproportionate burden on white-male applicants. White-male applicants do not owe compensation because they committed a relevant wrongdoing or because they benefitted from another’s wrongdoing. They did not commit a relevant wrongdoing. Receipt of an unjust benefit, when unavoidable and mixed with hard work, does not justify a duty to compensate a victim of the injustice. Thus, the compensatory-justice argument for affirmative action fails.

This article is about the justifiability of accepting worse cost effectiveness for orphan drugs, that is, treatments for rare diseases, in a publicly financed health care system. Recently, three arguments have been presented that may be used in favour of exceptionally advantageous economic terms for orphan drugs. These arguments share the common feature of all referring to considerations of justice or fairness: the argument of the irrelevance of group size, the argument from the principle of need, and the argument of (...) identifiability. It is argued that all of these arguments fail to support the conclusion that orphan drugs should be subsidized to a larger extent than treatments for common diseases. The argument of the irrelevance fails to distinguish between directly and indirectly relevant considerations of fairness or justice. The recent attempt to revive the moral relevance of identifiability has provided no novel reasons to think that identifiability is morally relevant in itself or due to considerations of fairness and justice. The argument from the principle of need does not fail due to any inherent flaw in the principle as such. Rather, this principle can be interpreted in different ways, and none of these interpretations support exceptionally advantageous terms economically for treating rare diseases specifically. It is concluded that we are awaiting justice based reasons for the preferential treatment of orphan drugs. (shrink)

As a U.S. civil rights policy, affirmative action commonly denotes race-conscious and result-oriented efforts by private and public officials to correct the unequal distribution of economic opportunity and education attributed to slavery, segregation, poverty and racism. Opponents argue that affirmative action (1) violates ideals of color-blind public policies, offending moral principles of fairness and constitutional principles of equality and due process; (2) has proven to be socially and politically divisive; (3) has not made things better; (4) mainly benefits middle-class, wealthy (...) and foreign-born blacks; (4) stigmatizes its beneficiaries; and (5) compromises the self-esteem and self-respect of beneficiaries who know that they have been awarded preferential treatment. By way of a thought experiment, imagine that after decades of public policy and experimentation, the United States public finally came to agree: affirmative action is morally and legally wrong. Employing such a thought experiment, this essay by a beneficiary of affirmative action—written in response to James Sterba’s Affirmative Action for the Future (2009)—examines duties of moral repair and the possibility that the past beneficiaries of affirmative action owe apologies, compensation or some other highly personal form of corrective accountability. Beneficiaries of affirmative action have experienced woundedness and moral insecurity. Indeed, the practice of affirmative action comes with a psychology, a set of psychological benefits and burdens whose moral logic those of us who believe in our own fallibility—as much as we believe in the justice of what we have received and conferred on others—should address. (shrink)

Affirmative Action is becoming the most controversial social issue of our day. In this essay I examine nine arguments on the moral status of Affirmative Action. I distinguish between weak Affirmative Action, which seeks to provide fair opportunity to all citizens from strong Affirmative Action, which enjoins preferential treatment to groups who have been underrepresented in social positions. I conclude that while weak Affirmative Action is morally required, strong Affirmative Action is morally wrong.

A cross-cultural empirical study is reported in this article which looks at ethical beliefs and behaviours among French and German managers, and compares this with previous studies of U.S. and Israeli managers using a similar questionnaire. Comparisons are made between what managers say they believe, and what they do, between managers and their peers' attitudes and behaviours, and between perceived top management attitudes and the existence of company policy. In the latter, significant differences are found by national ownership of the (...) company rather than the country in which it is situated. Significant differences are found, for both individual managers by nationality, and for companies by nationality of parents, in the area of organizational loyalty. The attitude towards accepting gifts and favours in exchange for preferential treatment, as a measure of societal values, is also found to show significant differences between national groups. However, no significant differences are found for measures for group loyalty, conflict between organizational and group loyalty and for conflicts between self and group/organization. The findings have implications for cross-border management decision strategies regarding such issues as receiving and giving of gifts, and the management of relations between local employees and international organizations which may be affected by differences in attitude to corporate loyalty. (shrink)

This study examined the impact of gender on perceptions of various business practices by male and female Russian managers. Female managers considered various activities such as doing personal business on company time, falsifying time/quality/quantity reports, padding an expense account more than 10 percent, calling in sick to take a day off, and pilfering organization materials and supplies more unethical than male managers. Female managers also perceived the acceptance of gifts and favors in exchange for preferential treatment more unethical (...) than male managers. (shrink)

This article argues that shareholder primacy cannot be defended on the grounds that there is something special about the position of shareholders that grounds a right to preferential treatment on part of management. The notions of property and contract, traditionally thought to ground such a right, are now widely recognized as incapable of playing that role. This leaves shareholder theorists with two options. They can either abandon the project of arguing for their view on broadly deontological grounds and (...) try to advance consequentialist arguments instead, or they can search for other morally relevant properties that could ground shareholder rights. The most sustained argument in the latter vein is Marcoux’s attempt to show that the vulnerability of shareholders mandates that managers are their fiduciaries. I show that this argument leads to the unacceptable conclusion that it would be unethical for corporations to make incomplete contracts with nonshareholding stakeholders. (shrink)

Many political theorists are multiculturalists. They believe that states ought to support and accommodate minority cultures, even if they disagree about when such support and accommodations are due and what forms they should take. In this contribution, I argue that multiculturalists have failed to notice an important objection against a wide range of multiculturalism policies. This objection is predicated on the notion that when states support and accommodate minority cultures, they should support and accommodate many subcultures and individualistic conceptions of (...) the good as well. However, since a significant proportion of multiculturalism policies imposes financial costs on society, it will often be prohibitively expensive for states to support and accommodate citizens’ subcultures and individualistic conceptions of the good on an equal basis. The result is that implementing such policies is likely to end up discriminating against certain groups, which might include e.g. fervent football fans, globe-trotters, mountain climbers, motor bikers, Hippies, and artists. I conclude by considering six reasons for giving preferential treatment to minority cultures that would allow multiculturalists to avoid this implication, which invoke, inter alia, the depth, duration, and involuntariness of cultural commitments; the role of culture in allowing people to live autonomously; and cultural rights to political self-determination. None are found to be convincing. (shrink)

Imagine that Bloggs is faced with a choice between giving a benefit to his child, or a slightly greater benefit to a complete stranger. The benefit is whatever the child or the stranger can buy for $100 — Bloggs has $100 to give away — and it just so happens that the stranger would buy something from which he would gain a slightly greater benefit than would Bloggs's child. Let's stipulate that Bloggs believes this to be, and let's stipulate, as (...) well, that he believes that the consequences of his actions are otherwise identical. He chooses to give the benefit to his child. What do we learn about Bloggs from his choice? We learn that Bloggs cares more about his child than he does about complete strangers. Nor is anyone likely to be surprised by this, for it just goes to show that he is much like the rest of us. He gives preferential treatment to his nearest and dearest when he acts, those with whom he has a special relationship, much as we do. (shrink)

Patterns of human kinship commonly involve preferential treatment of relatives based on lineal descent (lineages) rather than degree of genetic relatedness (kindreds), presenting a challenge for inclusive fitness theory. Here, we examine effects of lineage and kindred characteristics on reproductive success (RS) and number of grandchildren for 130 men and 124 women in a horticultural community on Dominica. Kindreds had little effect on fitness independently of lineage characteristics. Fitness increased with the number of lineal relatives residing in the (...) community but decreased beyond an apparently optimal lineage size, suggesting resource enhancement and competition among kin. Female-biased patrilineage sex ratio was positively associated with men’s fitness, while male-biased matrilineage sex ratio was positively associated with women’s fitness. Number of brothers in the community was negatively associated with men’s, but not women’s, fitness. Parents and number of sisters had no effect on either male or female reproduction; however, women with younger sisters had higher RS, suggesting benefits of kin support for childcare. In sum, imposed norms for lineage social organization may enhance lineal ancestors’ inclusive fitness at a cost to individual inclusive fitness. (shrink)

This essay is about the ethical propriety and practical efficacy of a range of policy undertakings which, in the last twenty years, has come to be referred to as “affirmative action.” These policies have been contentious and problematic, and a variety of arguments have been advanced in their support. Here I try to close a gap, as I see it, in this “literature of justification” which has grown up around the practice of preferential treatment. My principal argument along (...) these lines is offered in the next section. I then consider how some forms of argument in support of preferential treatment, distinctly different from that offered here, not only fail to justify the practice but, even worse, work to undermine the basis for cooperation among different ethnic groups in the American democracy. Finally, I observe that as a practical matter the use of group preference can, under circumstances detailed in the sequel, produce results far different from the egalitarian objectives which most often motivate their adoption. It may seem fatuous in the extreme to raise as a serious matter, in the contemporary United States, the question “Why should we care about group inequality?” Is not the historical and moral imperative of such concern self-evident? Must not those who value the pursuit of justice be intensely concerned about economic disparities among groups of persons? The most obvious answer to the title question would seem, then, to be: “We should care because such inequality is the external manifestation of the oppression of individuals on the basis of their group identity.”. (shrink)

This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice (...) and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality. (shrink)

The traditional problems of epistemology have often been thought to be properly solved only by the provision of an argument, with premises justified by rational intuition and introspection, for the probable truth of our beliefs in the problematic domains. Following the lead of Thomas Reid, a sizable number of contemporary epistemologists, including many proponents of so-called "Reformed epistemology" regarding religious belief, reject as arbitrary the preferential treatment of reason and introspection implicit in the traditional view of the problems. (...) These "Reidians" insist that the traditional problems cannot be solved in the expected manner, but they go on to suggest that this result is of little significance because similar skeptical questions can be raised regarding a priori and introspective justification. After making clear the significance of the Reidian objection, I endeavor to defend the traditional preference for rational intuition over our other sources of belief by demonstrating that the usual skeptical worries cannot be equally raised against a priori justification. Then, after a brief consideration of some unduly neglected passages in Reid's writings in which he appears to concede that the traditional partiality to reason and introspection is not, in fact, arbitrary, I argue that it is the Reidians who are guilty of arbitrary partiality. (shrink)

This paper is about the underlying logical principles of scientific theories. In particular, it concerns ex contradictione quodlibet (ECQ) the principle that anything follows from a contradiction. ECQ is valid according to classical logic, but invalid according to paraconsistent logics. Some advocates of paraconsistency claim that there are ‘real’ inconsistent theories that do not erupt with completely indiscriminate, absurd commitments. They take this as evidence in favor of paraconsistency. Michael (2016) calls this the non-triviality strategy (NTS). He argues that this (...) strategy fails in its purpose. I will show that Michael's criticism significantly over-reaches. The fundamental problem is that he places more of a burden on the advocate of paraconsistency than on the advocate of classical logic. The weaknesses in Michael's argument are symptomatic of this preferential treatment of one viewpoint in the debate over another. He does, however, make important observations that allow us to clarify some of the complexities involved in giving a logical reconstruction of a theory. I will argue that there are abductive arguments deserving of further consideration for the claim that paraconsistent logic offers the best explanation of the practice of inconsistent science. In this sense, the debate is still very much open. (shrink)