The New Economic Windows Series, derived from Massimo Salzano's ideas and work, incorporates material from textbooks, monographs and conference proceedings that deals with both the theoretical and applied aspects of various sub-disciplines ...

Drawing from extensive, eye-opening first-person accounts, No Refuge puts a spotlight on the millions of refugees worldwide who have to leave home but find nowhere to resettle. As political philosopher Serena Parekh argues, this is not just a problem for politicians. Citizens also have a moral duty to help resolve the global refugee crisis and to end the suffering and denial of human rights that refugee are forced to endure, often for years. While the media usually focus on the (...) challenges that Western states have with the arrival of large numbers of asylum seekers and refugees, the real problem is that millions are stuck in inhumane conditions in refugee camps and urban centers, with little chance of finding a more permanent solution. Grounded in powerful testimony from refugees and meticulous research on the conditions in which so many suffer worldwide, No Refuge shows why, as states but also as citizens, we cannot afford to wait any longer to end this crisis. (shrink)

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never (...) be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. (shrink)

Are inequalities of income created by the free market just? In this book Serena Olsaretti examines two main arguments that justify those inequalities: the first claims that they are just because they are deserved, and the second claims that they are just because they are what free individuals are entitled to. Both these arguments purport to show, in different ways, that giving responsible individuals their due requires that free market inequalities in incomes be allowed. Olsaretti argues, however, that neither (...) argument is successful, and shows that when we examine closely the principle of desert and the notions of liberty and choice invoked by defenders of the free market, it appears that a conception of justice that would accommodate these notions, far from supporting free market inequalities, calls for their elimination. Her book will be of interest to a wide range of readers in political philosophy, political theory and normative economics. (shrink)

Contemporary egalitarian theories of justice constrain the demands of equality by responsibility, and do not view as unjust inequalities that are traceable to individuals' choices. This paper argues that, in order to make non-arbitrary determinate judgements of responsibility, any theory of justice needs a principle of stakes , that is, an account of what consequences choices should have. The paper also argues that the principles of stakes seemingly presupposed by egalitarians are implausible, and that adopting alternative principles of stakes amounts (...) to fleshing out the demands of responsibility rather than imposing limits on them. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper offers some commentaries on papers drawn from the Journal’s third decade. They indicate a major shift within Artificial Intelligence, both generally and in AI and Law: away from symbolic techniques to those based on Machine Learning approaches, especially those based on Natural Language texts rather than feature sets. Eight papers are discussed: two concern the management and use of documents available on the World Wide Web, (...) and six apply machine learning techniques to a variety of legal applications. (shrink)

Our understanding of the impact of gender on refugee determination has evolved greatly over the last 60 years. Though many people initially believed that women could not be persecuted qua women, it is now frequently recognized that certain forms of gender-related persecution are sufficient to warrant asylum. Yet despite this conceptual progress, many states are still reluctant to consider certain forms of gender-related persecution to be sufficient to warrant asylum or refugee status. One reason for this continued bias is the (...) lack of a framework with which to understand gender-related persecution. I argue that we ought to understand gender-related persecution as resulting from the intersection of individual or state persecution and structural injustice. Structural injustice can be understood as the kind of everyday injustice, harm, and violence that women experience that makes possible the more extraordinary kinds of violence that women are likely to claim as the basis of asylum. Understanding gender-related persecution within the context of structural injustice will, I argue, help us to see it as a legitimate form of persecution and thus allow more just outcomes for women refugees. (shrink)

Does justice require that individuals get what they deserve? Serena Olsaretti brings together new essays by leading moral and political philosophers examining the relation between desert and justice; they also illuminate the nature of distributive justice, and the relationship between desert and other values, such as equality and responsibility.

Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-two leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.

I argue in this paper that Hannah Arendt can make a valuable contribution to the debate over global justice and our obligations to the global poor. I maintain that Arendt's work helps us to see how we might be able to combine the best impulses of both partialists and impartialists, and find a middle ground between taking seriously the importance of community as a human good, and the pressing ethical demands of noncitizens. I demonstrate that throughout her corpus, we see (...) both impulses at work. Arendt's appreciation for communitarianism is evident in a number of features of her political philosophy: the undesirability of a world state, and the necessity of a political community to secure human rights, a public sphere, and freedom. By contrast, Arendt's cosmopolitanism is rooted in two features of her political phenomenology: that political action is about the world , a love of the world, and not particular people; and that human togetherness underlies action while human solidarity is its primary motivation. In addition to these two seemingly contradictory threads in Arendt's work there is a third element: Arendt's attempt to mediate between these two impulses through her concept of judgment. To judge means to start from your position within a community, and to take into consideration all other relevant perspectives, regardless of nationality. In this manner, we are able to take seriously what we owe to both our compatriots and people in dire need who are not fellow citizens. In short, in judging, though we begin from our partialist commitments, we must take on a larger cosmopolitan perspective, and ultimately mediate between the two perspectives. Consequently, I hope to show that Arendt can indeed make a contribution to the ongoing debate over our moral obligations to noncitizens in situations of dire necessity. (shrink)

The compensatory desert argument is an argument that purports to justify inequalities in (some) incomes generated by a free labour market. It holds, first, that the principle of compensation is a principle of desert; second, that a distribution justified by a principle of desert is just; and third, that (some) rewards people reap on a free labour market are compensation for costs they incur. It concludes that therefore, a distribution of (some) rewards generated by a free labour market is just. (...) In this chapter I criticise the first two premises of this argument. I argue that the principle of compensation is not a principle of desert (sections 3 and 4), and that a distribution of deserved compensatory payments may be unjust (sections 5 and 6). Before developing my critique of the compensatory desert argument, I start by illustrating further that argument in the version of it which has been defended by Julian Lamont (section 1), and to dispel two objections that have been moved against the view that compensation is a principle of desert. (shrink)

The pharmaceutical industry plays an increasingly dominant role in healthcare, raising concerns about “conflicts of interest” on the part of the medical professionals who interact with the industry. However, there is considerable disagreement over the extent to which COI is a problem and how it should be managed. Participants in debates about COI have become entrenched in their views, which is both unproductive and deeply confusing for the majority of medical professionals trying to work in an increasingly commercialized environment. We (...) used a modified meta-narrative review method to analyse debates about COI in the academic and grey literature. We found two Discourse Models: The Critical Discourse Model sees COI in health and biomedicine as a major problem that both can and should be addressed, while the Defensive Discourse Model argues that current efforts to control COIs are at best unnecessary and at worst harmful. Each model is underpinned by profoundly differing views about how society should be organized—in particular whether market forces should be encouraged or curtailed—and how the dangers associated with market forces should be managed. In order to make any headway, academics and policymakers must recognize that these debates are underpinned by profoundly differing worldviews. (shrink)

Parental consent poses challenges to needed research with adolescents who identify as lesbian, gay, bisexual, transgender, queer and/or questioning (LGBTQ+) and are at heightened risk for negative health outcomes. Obtaining parental consent in studies focused on LGBTQ+ issues can prove arduous if adolescents have not yet disclosed their identity or have unsupportive guardians. Institutional Review Boards (IRBs) may be hesitant to grant waivers of parental consent, yet research suggests that studies requiring parental consent deter the participation of adolescents who identify (...) as LGBTQ+. In this article, ethical considerations regarding waivers of parental consent in the context of the American Psychological Association’s (APA) general ethical principles are reviewed and recommendations for psychological researchers seeking waivers of parental consent are offered. A vignette is used to demonstrate a question-and-answer guide to help determine if a waiver of parental consent is ethically justified. (shrink)

In this paper, I argue that there is a philosophical basis for the claim that states can be held responsible for structural injustices such as gender discrimination and violence—a claim that has been made in international human rights documents, but one that has not gained much normative force. To show this, I draw on and develop Iris Young's notion of “political responsibility.” The purpose of political responsibility is not to find fault or blame the state for a past wrong, but (...) to encourage the state to make things more just in the future. I argue that the state is able to take responsibility in this sense and can discharge the duty of political responsibility in a more systematic way than individuals can. Further, I show that taking political responsibility would entail changing how states think about their human rights obligations. Rather than focusing on cataloguing abuses, states would be required to work toward changing conditions so that human rights violations are less likely to occur in the future. Consequently, I show that it does make sense to say that the state can be held accountable for structural injustices that lead to women's human rights violations. (shrink)

A central question for assessing the merits of Amartya Sen's capability approach as a potential answer to the “distribution of what”? question concerns the exact role and nature of freedom in that approach. Sen holds that a person's capability identifies that person's effective freedom to achieve valuable states of beings and doings, or functionings, and that freedom so understood, rather than achieved functionings themselves, is the primary evaluative space. Sen's emphasis on freedom has been criticised by G. A. Cohen, according (...) to whom the capability approach either uses too expansive a definition of freedom or rests on an implausibly active, indeed “athletic,” view of well-being. This paper defends the capability approach from this criticism. It argues that we can view the capability approach to be underpinned by an account of well-being which takes the endorsement of valuable functionings as constitutive of well-being, and by a particular view of the way in which endorsement relates to force and choice. Footnotes1 I would like to thank Paul Bou-Habib, Ian Carter, Matthew Kramer, Ingrid Robeyns, Peter Vallentyne, and two Economics and Philosophy referees for very helpful comments on earlier drafts of this paper. I am also grateful to the participants of the Edinburgh ECPR Workshop, the Hoover Chair Seminar in Louvain-La-Neuve, the King's College Moral Philosophy Group in Cambridge, the Nuffield Political Theory Workshop in Oxford, and the session on the Capability Approach at the Philadelphia APSA Annual Conference. (shrink)

This essay explores recent scholarship on Hannah Arendt's contribution to the field of global justice. I show that many of Arendt's ideas have been brought to bear fruitfully on some of the most pressing global issues of our day. I turn first to the area in which Arendt has, arguably, been most influential, namely human right. I then look at recent scholarship on Arendt and various issues in global justice, including immigration, statelessness, human security, global poverty, political reconciliation, and global (...) democracy. This essay offers a critical analysis of the ways that Arendt's work has been employed in discussions of global justice and highlights the contributions that she has made to this field of thought.© 2013 John Wiley & Sons Ltd. (shrink)

This article explores the issue of jus contra bellum as a particular development within just war thought. At its heart, the jus contra bellum amounts to an attempt to apply the principles of jus in bello (discrimination and proportionality) in order to negate the jus ad bellum. This approach was rather prevalent throughout the Cold War era, as concerns over the prospective use of nuclear weapons facilitated an increasingly sceptical attitude towards the use of force. Whereas the vast majority of (...) just war thinkers have tended to overlook this phenomenon, James Turner Johnson has adeptly recognised the perils of jus contra bellum, and its rather disastrous implications for just war thought. In this respect, Johnson's analysis of this issue constitutes one of his most significant contributions to the tradition. However, as this article will suggest, his assessment of this approach, and consequent efforts to counter it, do not go far enough. As will be noted, the roots of the jus contra bellum can be traced to the prevailing structure of just war thought – a structure which has been consistently championed by virtually every just war thinker. (shrink)

Following Erika Fischer-Lichte’s notion of emergence as an unexpected phenome-non that questions the notion of agency, our aim is to investigate how dance emerges through movements that are spontaneous and yet learnt while not being reducible to a motor expertise. Through Hermann Schmitz’ theory of the felt body, and notions such as “kinaesthetic attention”, grace and “pure” presence, we will show how dance movements emerge from the mutual “affective” influence be-tween dancers and the surroundings thanks to dancers’ “pathic” state between (...) awareness and unconsciousness, laîcher prise and restraint. (shrink)

The method of philosophy. Introduction to part I -- Thought experiments -- Reflective equilibrium -- What is philosophy? Introduction to Part II and Part III -- The nature of the philosophical enterprise -- The nature of intuitive judgements -- Experimental philosophy. Empirical inquiries versus armchair investigations -- Against experimental philosophy.

This paper examines Thomas Scanlon’s Value of Choice account of substantive responsibility, on which the fact that choice has value accounts both for why people should be provided with certain opportunities and for why it may be permissible, in those cases, to let people bear certain opportunity-accompanying burdens. Scanlon contrasts his view with the familiar one according to which it is permissible to require people to bear certain burdens if and only if they have actively chosen those burdens, because of (...) the legitimating force of choice. The paper argues that Scanlon’s account, in its most distinctive version, is at best incomplete and can only justify claims about responsibility for a restricted class of burdens. It then goes on to suggest that, when Scanlon’s account is supplemented so as to be able to generate judgments of responsibility about a wider range of burdens, it is no longer clear that there is a difference between the Value of Choice account and a plausible version of the Forfeiture View. (shrink)

Está bem estabelecido que a moderna noção de ser humano está firmemente ancorada no conceito de evolução natural, no que diz respeito à sua origem biológica, e no conceito de cultura, no que diz respeito à sua condição existencial e sua multiplicidade de modos de vida. Este artigo discute a relação entre o paradigma evolucionista nas ciências naturais e o pensamento antropológico moderno analisando as raízes de alguns mal-entendidos entre as duas tradições intelectuais. Notadamente, o embaralhamento entre os legados da (...) obra do naturalista Charles Darwin e do filósofo Herbert Spencer para a escola de pensamento conhecida como evolucionismo social, hegemônica entre a década de 1870 e a I Guerra Mundial no contexto antropológico. A partir da crítica dirigida aos autores desta escola por Franz Boas, fundador da antropologia cultural norte-americana, o artigo demonstra que o conceito evolutivo empregado por evolucionistas sociais como Edward B. Tylor e Lewis H. Morgan remete mais às concepções teleológicas e dedutivas de Spencer da evolução como uma lei, que às formulações indutivas e não-teleológicas de Darwin da seleção natural como um mecanismo. Por fim, o artigo salienta afinidades entre a teoria da cultura de Boas e a visão de mundo darwiniana maiores do poderia se supor, dentre as quais: uma perspectiva mais retroditiva que preditiva sobre as origens da variação natural e cultural; a substituição da ortogênese determinada pela filogênese indeterminada; e da crença no progresso absoluto e no excepcionalismo humano pelo relativismo com respeito ao lugar da humanidade e suas formas de vida cultural no mundo. (shrink)