The Jeu d'Adam—staged outside a church, sporting an energetic vernacular dialogue—was for Hardin Craig drama “caught in the very act of leaving the church,” as for E. K. Chambers it was a herald of secularization. O. B. Hardison's investigation into the origins of medieval drama has rendered that position untenable, but at the same time has left us with no explanation for this play's innovations. Scholars of the Chambers-Craig tradition at least did not imagine that style is without meaning or (...) that innovation is unmotivated. I want to suggest that the significance of the Adam's dramaturgic novelty can be traced to particular ideological disturbances created by particular developments in ecclesiastical life. The play appropriates the liturgy of public penance to reassert traditional authoritative forms at a time when the disposition of spiritual authority was being reimagined, both in formal theological discussions and in the concrete act of sacramental absolution. The world of historical experience, which Erich Auerbach saw in the realistic vernacular dialogue, finds a place in this play only to be put in its place; the innovations express in a new way the old idea that submission to the ecclesiastical hierarchy is a healthy way to live. In placing the action before the church doors the author made the church building not merely the context of the play , but also its subject. (shrink)

Competing political theories variously identify communities, individuals, institutions, and classes as the basic subjects of justice. Liberal theories fail to map an important part of the domain of right action by ignoring class conflict and thereby neglect the possibility that justice may require social direction of economic systems. A conceptually more adequate account strongly suggests the virtues of a market socialism.

In this article, I discuss whether the theory of justice as fairness famously proposed by John Rawls can justify the implementation of global principles of socioeconomic justice, contrary to what Rawls himself maintains. In particular, I dwell on the concept of the basic structure of society, which Rawls defines as “the primary subject of justice” and considers as a prerogative of domestic societies. In the first part, I briefly present Rawls’s theory of socio-economic justice and (...) his account of justice between peoples. I then proceed with the analysis of the cosmopolitan counterarguments that have been levelled against Rawls’s dualism between domestic and international justice, which mainly revolve around the outlining of a global basic structure as a consequence of globalisation. Between these two opposing poles, I also discuss the intermediate stance taken by those authors who maintain that the empirical dispute between a domestic and a global basic structure is misleading, because the pressing question is whether the unfair practices and norms that characterise the global economy demand the existence of a global basic structure, regardless of the fact that it already exists or not. Lastly, I collect some points, both theoretical and empirical, that have emerged from the analysis and I argue that the theoretical requirement of a global basic structure can have practical implications even if its existence is contradicted in empirical terms. (shrink)

The paper suggests that the state is subject to assessment according to principles of social justice because state institutions or practices exercise forms of power over which no particular person has control. This rationale for assessment of social justice equally applies to legally optional or informal social practices. But it does not apply to individual conduct. Indeed, it follows that principles of social justice cannot provide a basis for the assessment and guidance of individual choice. The (...) paper develops this practice-based conception of the subject of justice by rejoining G. A. Cohen's influential critique of Rawls’ focus on the “basic structure” of society. (shrink)

This article examines two potential Rawlsian arguments, namely the moral dualism argument and the educative effect of institutions argument as regards the extension of the primary subject of justice to personal conduct. The article makes two claims. First, while moral dualism is a logical step to make, it suffers from a potential conflict between the principles that apply to institutions and those that govern personal conduct. Second, despite the attractive features of the educative effect of institutions argument, an (...) explanative gap has to be filled in order to account for how and why individuals comply to just institutions. In the end, the article concludes that extending Rawls’s theory of justice to include personal conduct may be difficult to sustain. (shrink)

John Rawls's focus on principles of justice for the basic structure of primary social institutions evolved from his early discussion of practices, social rules and Humean conventions, and his apparent commitment to a version of rule‐utilitarianism. Rawls says that there are two sources for the primacy assigned to the basic structure: the profound effects of basic social institutions on persons and their future prospects, and the need to maintain background justice. The chapter discusses three different kinds of reasons (...) for the primacy of principles for the basic structure: social nature of human relationships, ideals of persons and society, distributive justice and the importance of background justice. It concludes with a discussion of some prominent objections: monism vs dualism; capitalism, incentives and the institutional division of labor; the principles of justice are neither consequentialist nor prioritarian; social justice vs cosmopolitan justice. (shrink)

Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are (...) making the scale of justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

In Promoting Justice Across Borders, Lucia Rafanelli develops an ethical theory of ‘reform intervention’: a deliberate attempt to promote justice in a foreign society. The theory specifies which types of interventions are justified under what circumstances and who is justified in intervening where. Rafanelli’s theory eschews nation-states and instead makes its main actors societies with capacity for self-determination. This, I argue, can make the theory hard to apply, because different societies can overlap or intersect, and the theory’s implications (...) change depending on how one draws boundaries around groups. So the theory can give contradictory directives for the same event, depending on how one envisions the subject of intervention. The move away from states, however, may be inevitable, because contemporary problems in international relations (such as those related to climate change) cannot be easily contained within the framework of independent sovereign states in the international system. The book opens avenues to think about this problem. (shrink)

Much of the human research conducted in the United States or by U.S. researchers is regulated by the Common Rule. The Common Rule reflects the decision of 17 federal agencies, including the Department of Health and Human Services, to require that investigators follow the same rules for conducting human research., though there is significant overlap with the Common Rule.) Many of the obligations delineated in the Common Rule can be traced back to the work of the National Commission for the (...) Protection of Human Subjects of Biomedical and Behavioral Research. The National Commission was appointed in 1974 as part of the National Research Act in response to revelations about serious abuses involving human subjects, most notably the Tuskegee/United States Public Health Service Syphilis Study. (shrink)

This paper outlines a theoretical context for research into ‘the subject of ethics’ in terms of how students come to see themselves as self-reflective actors. I maintain that the ‘subject of ethics’, or ethical subjectivity, has been overlooked as a necessary aspect of creating politically transformative spaces in education. At the heart of egalitarian politics lies a fundamental tension between the equality of voices and the notion that one way of being or one voice may be deemed more (...) legitimate than another; which in turn puts the equality of beings into question. Building from Michel Foucault’s work regarding ethics and subjectivity, I suggest that a ‘subject of ethics’ can be viewed, in part, as a series of relations of self that form the horizon upon which a subject comes to work on themselves relative to moral codes and power relations. Ethical relations of self can be a useful concept for those interested in educational research that furthers social and ecological justice. In the conclusion of this paper I also discuss the limitations of locating ethics entirely within a constituted human subject. (shrink)

This paper compares and contrasts three different substantive principles of justice for making health care priority-setting or “rationing” decisions: need principles, maximising principles and egalitarian principles. The principles are compared by tracing out their implications for a hypothetical rationing decision involving four identified patients. This decision has been the subject of an empirical study of public opinion based on small-group discussions, which found that the public seem to support a pluralistic combination of all three kinds of rationing principle. (...) In conclusion, it is suggested that there is room for further work by philosophers and others on the development of a coherent and pluralistic theory of health care rationing which accords with public opinions. (shrink)

awls’ theory of justice is the subject of numerous criticisms due to the impossibility of adequately including people with mental disabilities, either as legislators or as beneficiaries of the principle of justice. Martha Nussbaum’s criticism is directed at the question of the legislative group and the possibility of including the interests of persons who, due to the criteria of rationality and reasonableness, are excluded from the process of forming fundamental principles of justice. In this paper, I (...) recognize the problems that Rawls’s theory faces in light of the above criticisms, and as a solution, I propose a constructive and positive interpretation of his theory of justice. Such an interpretation will allow us to expand the group of legislators through the inclusion of those individuals with mental impairments who, according to Nussbaum, are capable of participating in the selection of principles of justice. Furthermore, the offered interpretation will include people with the most severe forms of mental disorders within the scope of justice, through an extended list of reasons relevant to the justification of fundamental rights and principles of justice. (shrink)

It is important in its own right to determine what conception of mutual disinterest Rawls has in mind at the various junctions in the text. Furthermore, disambiguating this notion counters a common objection that there is no reason to accept principles of justice that are chosen by rational egoists. The persons in Rawls' OP are not rational egoists. Rather, in identifying with the token persons in society they make the actual interests of the token persons into their ends and (...) they know that they are choosing principles of justice for a society in which moderate selfishness reigns. But this is very remote from stipulating a selfish disposition for the persons in the OP. Hence, the objection is contingent on a natural misreading of Rawls' notion of mutual disinterest and can be readily dispelled by disambiguating this notion into a motivational and an epistemic constraint on the OP. (shrink)

Machine learning algorithms are increasingly used to shape high-stake allocations, sparking research efforts to orient algorithm design towards ideals of justice and fairness. In this research on algorithmic fairness, normative theorizing has primarily focused on identification of “ideally fair” target states. In this paper, we argue that this preoccupation with target states in abstraction from the situated dynamics of deployment is misguided. We propose a framework that takes dynamic trajectories as direct objects of moral appraisal, highlighting three respects in (...) which such trajectories can be subject to evaluation in relation to their temporal dynamics, robustness, and representation. (shrink)

As biomedical research with volunteers was expanded in the United States, the rule of subject selection, constituting scientific and ethical criteria, was generated in 1981 to resolve selection bias in research. Few historical studies, however, have investigated the role of this new hybrid rule in institutional review systems. This paper describes how bioethics commissions and federal agencies have created the subject selection rule based on the concept of justice. I argue that the standardization of this rule as (...) temporal measures, linked with risk-benefit assessment, has reformed the review mechanism, specifically investigators’ modification of research plans, thereby developing justice as balancing. (shrink)

Federal policies on human subjects research have undergone a progressive transformation. In the early decades of the twentieth century, federal policies largely relied on the discretion of investigators to decide when and how to conduct research. This approach gradually gave way to policies that augmented investigator discretion with externally imposed protections. We may now be entering an era of even more stringent external protections. Whether the new policies effectively absolve investigators of personal responsibility for conducting ethical research, and whether it (...) is wise to do so, remains to be seen. (shrink)

Federal policies on human subjects research have undergone a progressive transformation. In the early decades of the twentieth century, federal policies largely relied on the discretion of investigators to decide when and how to conduct research. This approach gradually gave way to policies that augmented investigator discretion with externally imposed protections. We may now be entering an era of even more stringent external protections. Whether the new policies effectively absolve investigators of personal responsibility for conducting ethical research, and whether it (...) is wise to do so, remains to be seen. (shrink)

The present exposition has the following structure. In the first part,, I will synthetize some of the criticisms of Rawl’s conception of subject, or self; in the second part, I will scrutinize a 1963 paper by Rawls entitled “The sense of justice”, and hope to show, on the basis of this text, that one cannot say that the Rawlsian moral being is a being without flesh, blood or life, as critics have suggested, following in the footsteps of criticism (...) from Hegel to Kant; third, I will examine excerpts of TJ that deal, directly or indirectly, with the concept of subject; finally, I will look at papers published after TJ that may be relevant to the present topic. (shrink)

Justice has a high status in Islamic societies, and as one of the most important human ideals, has long been the focus of thinkers and researchers. In fact, when the citizens do not understand the presence of justice in the behaviour of the officials of their society, their trust in the current procedures, and consequently the public participation will be affected. Considering the importance of the subject, the present study has been conducted with the aim of investigating (...) the effect of perception of justice on citizens’ trust and participation in the creation of a democratic Islamic society. The statistical population of this research included 3578 Indonesian Muslim citizens in 2022, and the research questionnaires were distributed among them. Data analyses were done using Statistical Package for the Social Sciences (SPSS) and Linear Structural Relations (LISREL) statistical software. The results of statistical analyses indicated that the perception of Islamic justice does not have a significant effect on the participation of Muslims in creating a democratic Islamic society. In addition, the perception of Islamic justice has a positive effect on the trust in officials of the Islamic society. Moreover, trust in the officials of the Islamic society positively affects the citizens’ participation in creating a democratic Islamic society.Contribution: According to the results of this research, it is necessary for the officials of the Islamic society to use all their efforts in creating a justice-oriented Islamic society in order to create trust among the citizens, and to involve Muslims in development decisions and to establish democratic Islamic society. (shrink)

Growing philosophical interest in theories of obligation has many sources. Among the most important ones is the tendency to redefine the scope of the political. Then we are Inevitably confronted with the question about the nature and scope of our obligations towards others. An analysis of an important and popular distinction between obligations of justice and obligations of charity shows that their distinctive characteristics are seldom precise and clear-cut. Moreover, they are more superficial rather than substantive and do not (...) allow to draw a clear line between obligatory and desirable behavior, or legally and morally obligatory behavior. In present-day ethical theory there is a tendency towards expanding the scope of obligations of justice and redefining their content. Actions whichtraditionally might have been considered as display of good nature are more and more often perceived as obligations avoidance of which is unjust. This also changes the role of institutions. The borders and content of individual obligations of justice should be considered in close connection with the problem of constructing just social institutions. The subjects of justice (the moral individual and the social institute) are interrelated and the search for an optimalbalance between two viewpoints – those of private interest and impartiality – becomes a unifying project both for political and moral philosophers. (shrink)

This paper presents the philosophies of J.-F. Lyotard and J. Habermas as motivated by the common goal of conceiving a credible theory of social justice whilst avoiding the aporias of the philosophy of subjectivity. It is argued that each constructs a conception of social justice through conceiving domination within the philosophical framework furnished by the linguistic turn. This argument will involve an examination of the divergent readings given by these thinkers of the relation between injustice and language use. (...) Lyotard's critique of Habermas's philosophy is then examined. It is maintained that Lyotard's notion of aesthetic presentation sheds light on an important deficiency in Habermas's attempt to conceive justice in terms of the emancipatory potential of communicative speech. Lyotard's theory of justice is then defended against the charge that it constitutes a renouncement of normative critique. However, the defence of Lyotard is tentative, since, it is argued, the commitment to the paradigm of Kantian aesthetics poses problems for Lyotard's critique of the subjective foundationalist project. Key Words: Habermas • á justice • language • Lyotard • universalism. (shrink)

This paper examines the justice of unconditional basic income (UBI) through the lens of the Hegel-inspired recognition-theory of justice. As explained in the first part of the paper, this theory takes everyday social roles to be the primary subject-matter of the theory of justice, and it takes justice in these roles to be a matter of the kind of freedom that is available through their performance, namely ‘social’ freedom. The paper then identifies the key criteria (...) of social freedom. The extent to which the introduction of an UBI would meet these criteria is then examined, with a focus on the social role that stands to be most affected by an UBI, namely that of the worker-earner. It is argued that while an UBI is likely to be only partially effective as an instrument of specifically social freedom, its main justification lies not here, but in securing a basis for the subjective freedom that social freedom presupposes. (shrink)

Recent guidelines from the US National Institutes of Health (NIH) mandate the inclusion of adequate numbers of women in clinical trials. Ought such standards to apply internationally? Walzer's theory of justice is brought to bear on the problem, the first use of the theory in research ethics, and it argues for broad application of the principle of adequate representation. A number of practical conclusions for research ethics committees (RECs) are outlined. Eligibility criteria in clinical trials ought to be justified (...) by trial designers. Research ethics committees ought to question criteria that seem to exclude unnecessarily women from research participation. The issue of adequate representation should be construed broadly, so as to include consideration of the representation of the elderly, persons with HIV, mental illness and substance abuse disorders in clinical research. (shrink)

Federal policies on human subjects research have undergone a progressive transformation. In the early decades of the twentieth century, federal policies largely relied on the discretion of investigators to decide when and how to conduct research. This approach gradually gave way to policies that augmented investigator discretion with externally imposed protections. We may now be entering an era of even more stringent external protections. Whether the new policies effectively absolve investigators of personal responsibility for conducting ethical research, and whether it (...) is wise to do so, remains to be seen. (shrink)

A Treatise of Human Nature was published between 1739 and 1740. Book I, entitled Of the Understanding, contains Hume's epistemology, i.e., his account of the manner in which we acquire knowledge in general, its justification (to the extent that he thought it could be justified), and its limits. Book II, entitled Of the Passions, expounds most of what could be called Hume's philosophy of psychology in general, and his moral psychology (including discussions of the problem of the freedom of the (...) will and the rationality of action) in particular. Book III, entitled Of Morals, is also divided into three parts. Part II of Book III, entitled Of justice and injustice, is the subject of the present volume. In it Hume attempts to give an empiricist theory of justice. He rejects the view, approximated to in varying degrees by Cumberland, Cudworth, Locke, Clarke, Wollaston, and Butler, that justice is something natural and part of the nature of things, and that its edicts are eternal and immutable, and discernible by reason. Hume maintains, on the contrary, as did Hobbes and Mandeville, that justice is a matter of observing rules or conventions which are of human invention, and that, in consequence, our acquiring a knowledge of justice is an empirical affair of ascertaining what these rules or conventions are. (shrink)

Human beings with diminished decision-making capacities are usually thought to require greater protections from the potential harms of research than fully autonomous persons. Animal subjects of research receive lesser protections than any human beings regardless of decision-making capacity. Paradoxically, however, it is precisely animals’ lack of some characteristic human capacities that is commonly invoked to justify using them for human purposes. In other words, for humans lesser capacities correspond to greater protections but for animals the opposite is true. Without explicit (...) justification, it is not clear why or whether this should be the case. Ethics regulations guiding human subject research include principles such as respect for persons—and related duties—that are required as a matter of justice while regulations guiding animal subject research attend only to highly circumscribed considerations of welfare. Further, the regulations guiding research on animals discount any consideration of animal welfare relative to comparable human welfare. This paper explores two of the most promising justifications for these differences␣between the two sets of regulations. The first potential justification points to lesser moral status for animals on the basis of their lesser capacities. The second potential justification relies on a claim about the permissibility of moral partiality as␣found in common morality. While neither potential justification is sufficient to justify the regulatory difference as it stands, there is possible common ground between supporters of some regulatory difference and those rejecting the current difference. (shrink)

Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties of justice, whereas positive duties (...) (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (shrink)

Contemporary philosophy realizes that time, like language and embodiment, is not an obstacle to truth and reality but one of its primary mediums. Time is dimensionality, past, present, future, and directionality, before and after. Politics has its own temporality. Conservatives aim to restore a selected past; progressives to create a better future; and authoritarians to reinforce the present status quo. In each case, however, the dominant temporal dimension is the future. Time, as Levinas has shown, is also inter-subjective, that is (...) to say, social, and as such also ethical. Hence, in some important sense politics is a struggle over time, a contention between its dimensions, to select a past, to close off a present, or to create a future. This helps us to better understand our contemporary political triangulation of liberalism, socialism and fascism. The peculiarity of fascist politics, and key to its negativity and viciousness, is that it rejects history altogether, past and future, preferring the frenzy of the moment, the violent delirium of immanence, to the short- and long-term responsibilities of justice, liberal or social. (shrink)

This article argues that the civic virtue of tolerance has to be understood as a virtue of justice. Based on an analysis of the concept of toleration and its paradoxes, it shows that toleration is a 'normatively dependent concept' that needs to take recourse to a conception of justice in order to solve these paradoxes. At the center of this conception of justice lies a principle of reciprocal and general justification with the help of which a distinction (...) between moral norms and ethical values is possible. While the former are strictly binding and define the realm of the tolerable, the latter are subject to reasonable disagreement that calls for toleration. Essentially, the virtue of tolerance is the capacity and willingness to accept the principle and criteria of justification of generally binding norms in an ethically pluralist society.This virtue is analyzed with respect to its normative and epistemological components. Finally, the idea of a 'tolerant character' is discussed. (shrink)

When viewed as a question of distributive justice the evaluation of workfare typically reflects exclusively on the distribution of income: do the physically capable have a justified claim for state support, or is it fair to demand from those who do work to subsidise this support? Rarely is workfare appraised in terms of how it affects other parties such as employers or other workers, and on the structural effects the pattern of incentives it generates brings about, or as an (...) issue of distributive justice related to a more extensive range of objects of distribution such as access to pleasing jobs. -/- We propose to evaluate workfare by looking at its effects more broadly: (1) we discuss and dismiss on empirical grounds the two most common arguments in favour of workfare, namely that workfare develops self-reliance among participants and it is more economical in the use of altruism among taxpayers. (2) We suggest that workfare focuses on work as a burden and as a means to income, ignoring other beneficial aspects that are conducive to the worker’s self expression. These other benefits are distributed unevenly between two main groups: the privileged well off and the disadvantaged. (3) we argue that workfare functions as a mechanism to preserve these privileges to one class of workers at the expense of another. Or, to put it the other way, the payment of unconditional welfare to the long term unemployed might be justified as one method of mitigating unjustified privileges. (shrink)

The author discusses the third of the 3 books which make up Hume's 'A Treatise of Human Nature' - ' Of Morals'. 'Of Morals' is also divided into three parts, the second part of which is the subject of this book. In it Hume attempts to give an empiricist theory of justice.

In this paper I argue that when thinking about justice, political philosophers should pay more attention to social norms, not just the usual subjects of basic principles, rights, laws, and policies. I identify two widely-endorsed ideas about political philosophy that interfere with recognizing the importance of social norms—ideas I dub ‘compulsoriness’ and ‘institutionalism’—and argue for their rejection. I do this largely by focusing on questions about who can and should be an agent of justice. I argue that careful (...) reflection on these questions supports a kind of pluralism that reveals the importance of social norms, three types of which I discuss. (shrink)

This chapter summarizes briefly what John Rawls meant by stability, the role it plays in Theory of Justice (TJ), and the outline of his main strategies for showing that a well‐ordered society based on his principles of justice would be relatively stable. It presents comments on Rawls's use of developmental moral psychology in support of his claim that societies based on justice as fairness would be relatively stable. The chapter discusses Rawls's conception of self‐respect, its role in (...) his arguments for justice as fairness, and whether it is subject to a certain Kantian objection that echoes in our contemporary political culture. It argues that if Rawls's turn to an overlapping consensus of reasonable comprehensive doctrines as the basis of stability in Political Liberalism (PL) was well motivated, then why not quietly bypass the earlier work on a sense of justice and self‐respect simply as an acknowledged failure. (shrink)

The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law, and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be (...) interpreted. The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself. (shrink)

A 78-year-old Chinese woman joined a clinical trial sponsored by a Pharmaceutical companies. Unfortunately a serious Serious Adverse Event occurred. The sponsor paid for the cost of the medical care arising from the SAE, but refused the family’s request for compensation. The family then sued the company and the hospital in Beijing. Although the SAE was related to a complication of lower extremity angiography and not the drug itself, it was a direct consequence of participating in the trial. According Good (...) Clinical Practice, a set of regulations promulgated under Chinese law, “the sponsor should provide Insurance to those human subjects who participate in clinical trials, cover the cost of Treatment and the corresponding economic compensation for the occurrence of the harm or death associated with the trial”. The court ordered the trial sponsor to provide a translation of the company’s insurance policy, so that the court could understand the amount of compensation available to the Patient under the policy, but the sponsor never surrendered either the documentation or a translation. Consensus was never reached about the amount of compensation due to the patient through negotiation with the hospital, the company and the family. The Litigation ended after nine hearings and five long years. This chapter provides an ethical analysis of the case relative to at least three areas of Risks of Exploitation when a major, international Pharmaceutical companies sponsors clinical research in a country with an immature legal system and where Research participants have limited resources. (shrink)

This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to sex (...) work enacted during the early 19th century to the present day. Through analysis of policy documents, scholarly work on the history of sex work policies in Poland, and personal accounts by sex workers, I identify and examine two dominant discursive and legal figurations of a sex worker: as a threat, and as a victim in need of rescue and protection. While analysing the emergence of and interplay between these two figurations, this article demonstrates how these seemingly contradictory frames of recognition gradually conjoined within 20th-century Polish sex work governance strategies, rendering sex workers unimaginable subjects of rights and social justice claimants. (shrink)

What is the proper role of politics in higher education? Many policies and reforms in the academy, from affirmative action and a multicultural curriculum to racial and sexual harassment codes and movements to change pedagogical styles, seek justice for oppressed groups in society. They understand justice to require a comprehensive equality of membership: individuals belonging to different groups should have equal access to educational opportunities; their interests and cultures should be taken equally seriously as worthy subjects of study, (...) their persons treated with equal respect and concern in communicative interaction. Conservative critics of these egalitarian movements represent them as dangerous political meddling into the disinterested pursuit of knowledge. They cast the pursuit of equality as a threat to freedom of speech and academic standards. In response, some radical advocates of such programs agree that the quest for equality clashes with free speech, but view this as an argument for sacrificing freedom of speech. (shrink)

In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness (...) in terms of singularity against a plural background. On their view, justice is one fundamental value amongst a plurality of fundamental values. The purpose of my thesis is to establish that the pluralist conception of justice’s narrowness is theoretically significant and true. To establish its theoretical significance, I argue that proper attention to the ways in which different understandings of narrowness inform the work of contemporary egalitarians explains a considerable amount of disagreement between them concerning the content and scope of distributive justice. On the one hand, I’ll argue that if we understand justice’s narrowness in the manner Cohen and other pluralists do, i.e., understand a conception of justice to be a conception of a particular fundamental value, then both luck-egalitarianism and the claim that justice extends to the personal context are compelling. On the other hand, I’ll argue that if we understand justice’s narrowness in a contextual manner, i.e., understand justice to comprise one or more all-things-considered principles adopted for the institutional context, then both luck-egalitarianism and the claim that justice extends to the personal context prove implausible. To establish the truth of the pluralist conception of narrowness, I argue first, that the contextual understanding is only plausible if fairness should be understood procedurally instead of substantively; and second, that substantive fairness cannot be eliminated, as specifying the content of procedural fairness requires a substantive criterion. The upshot is that justice’s narrowness is best understood in terms of singularity against a plural background, rather than in terms of context specificity. (shrink)

For the purpose of this paper, I take it for granted that subjectivity is an essential character of perceptual experience. What I take issue with is the further claim that subjectivity of experience tends to support the view that phenomenal characters are intrinsic properties of experience. A criticism of the claim can be presented from the perspective of representationalism according to which phenomenal character is a kind of representational character. But representationalism fails to do justice to the fact that (...) from the subjective point of view, we seem to be directly aware of mind-independent objects in the world. A stronger criticism canbe based on the disjunctivist’s view of experience that best accommodates direct awareness of the external world. But disjunctivism rejects the common kind that also seems from the subject’s point of view to be shared by veridical perception and hallucination. The crucial problem is whether disjunctivists can make sense of the phenomenology of hallucination. Focusing the discussion on Martin’s epistemic version of disjunctivism, I hope to show the relevance of solving this problem for a better understanding of the subjectivity of experience. (shrink)