Singular-term semantics has been intractable. Frege took the referents of singular terms to be their semantic values. On his account, vacuous terms lacked values. Russell separated the semantics of definite descriptions from the semantics of proper names, which caused truth-values to be composed in two different ways and still left vacuous names without values. Montague gave all noun phrases sets of verb-phrase extensions for values, which created type mismatches when noun phrases were objects and still left vacuous names without (...) values. There is a single type of value for all noun phrases that dissolves the difficulties which have beset singular-term semantics. (shrink)

I begin this chapter by outlining Mill's thinking about why justice is a problem for utilitarians. Next, I turn to Mill's own account of justice and explain its connection with rights, perfect duties, and harms. I then examine David Lyons' answer to the question of how Mill's account is meant to answer the Weak Objection from Justice. Lyons maintains that Mill's account of justice has both a conceptual side and a substantive side. The former (...) provides an analysis of such concepts as 'justice' and 'rights'. The latter, based on the Principle of Utility, provides an explanation of when these concepts apply. As a result, utilitarians can allow for circumstances in which actions are wrong because they are unjust, while also claiming that the standards of right and wrong (as well as justice and injustice) are determined by the Principle of Utility. However, the main thesis of this paper is that Lyons' interpretation is flawed. The distinction between the conceptual and the substantive levels of Mill's thinking does not hold up to scrutiny, and even if it did, it would not support Lyon's reading of Mill. It would instead support a debunking interpretation of justice, an interpretation recently explored by Roger Crisp. Such a debunking interpretation suggests a very different response to the Weak Objection from Justice, one that many, but not all, utilitarians will find unwelcome. (shrink)

1. Introduction. In a famous passage near the beginning of A Theory of Justice, John Rawls discusses utilitarianism’s notorious difficulties with justice. According to classic forms of utilitarianism, a certain course of action is morally right if it produces the greatest sum of satisfactions. And, as Rawls points out, the perplexing implication is “…that it does not matter, except indirectly, how this sum of satisfactions is distributed among individuals any more than it matters, except indirectly, how one man (...) distributes his satisfactions over time.” He concludes the passage by saying that “[u]tilitarianism does not take seriously the distinction between persons.”. (shrink)

The argument of this article is framed by a debate between the principle of humanity and the principle of justice. Whereas the principle of humanity requires us to care about others and to want to help them meet their vital needs, and so to be partial towards those others, the principle of justice requires us to consider their needs without the intrusion of our subjective interests or emotions so that we can act with impartiality. I argue that a (...) deep form of caring lies behind both approaches and so unites them. In the course of the argument, I reject Michael Slote’s sentimentalist form of an ethics of care, and expound Thomas Nagel’s moral theory, which seems to lie at the opposite end of a spectrum ranging from moral sentiments to impersonal objectivity. Nevertheless, Nagel’s theory of normative realism provides unexpected support for the thesis that a deep and subjective form of caring lies at the base of even our most objective moral reasons. (shrink)

Critics allege that justice as mutual advantage excludes vulnerable people and is thus inadequate as a conception of justice. Building on Peter Vanderschraaf’s Strategic Justice, this paper considers three distinct vulnerability objections. After Sect. 1 clarifies the “vulnerable,” Sect. 2 discusses an objection according to which it is impossible for a mutual advantage view to protect the vulnerable. Answering this objection only requires a possibility proof, such as that Vanderschraaf provides. Section 3 discusses an (...) class='Hi'>objection according to which it is merely contingent whether, not guaranteed that, a mutual advantage view protects the vulnerable. Mutual advantage theorists indeed cannot provide such guarantees, so they must argue that such guarantees are too much to demand from a conception of justice. Section 4 discusses an objection according to which it is improbable that a mutual advantage view will protect the vulnerable. Addressing this concern opens paths for future fruitful research, including considering the conditions that make including the vulnerable more or less likely as well as the conditions that facilitate cooperative ability or create vulnerability. Section 5 builds on the foregoing by emphasizing the diversity of vulnerabilities along with the broader social contract tradition’s diversity of strategies for addressing vulnerability. (shrink)

This book charts the historical development of 'forensic objectivity' through an analysis of the ways in which objective knowledge of crimes, crime scenes, crime materials and criminals is achieved. Taking an interdisciplinary approach, with authors drawn from law, history, sociology and science and technology studies, this work shows how forensic objectivity is constructed through detailed crime history case studies, mainly in relation to murder, set in Scotland, England, Germany, Sweden, USA and Ireland. Starting from the mid-nineteenth century and (...) continuing to the present day, the book argues that a number of developments were crucial. These include: the beginning of crime photography, the use of diagrams and models specially constructed for the courtroom so jurors could be ‘virtual witnesses’, probabilistic models of certainty, the professionalization of medical and scientific expert witnesses and their networks, ways of measuring, recording and developing criminal records and the role of the media, particularly newspapers in reporting on crime, criminals and legal proceedings and their part in the shaping of public opinion on crime. This essential title demonstrates the ways in which forensic objectivity has become a central concept in relation to criminal justice over a period spanning 170 years. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ (...) the negative liberty of persons, Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution (...) to his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

In “Are Certain Knowledge Frameworks More Congenial to the Aims of Cross-Cultural Philosophy? A Qualified Yes,” Leigh Jenco responds to an article in which I had argued for a similar conclusion. I had contended roughly that the positing of objective truth combined with a fallibilist epistemology best explains why a philosopher from one culture could learn something substantial from another culture. In her response, Jenco contends that this knowledge framework does not account adequately for the intuition that various (...) philosophical traditions have an equal standing and that traditions other than one’s own are not to be considered inferior. In addition, according to Jenco, an appeal to objective truth on the part of one epistemic culture is unavoidably oppressive, or overly risks being so, with regard to another one. In this brief reply, I argue that an appeal to objective truth in the realms of epistemology and morality in fact makes the most sense of Jenco’s concerns about inegalitarianism and oppression. (shrink)

Extracorporeal membrane oxygenation (ECMO) is typically viewed as a time-limited intervention—a bridge to recovery or transplant—not a destination therapy. However, some patients with decision-making capacity request continued ECMO support despite a poor prognosis for recovery and lack of viability as a transplant candidate. In response, critical care teams have asked for guidance regarding the ethical permissibility of unilateral withdrawal over the objections of a capacitated patient. In this article, we evaluate several ethical arguments that have been made in favor of (...) withdrawal, including distributive justice, quality of life, patients’ rights, professional integrity, and the Equivalence Thesis. We find that existing justifications for unilateral withdrawal of ECMO support in capacitated patients are problematic, which leads us to conclude that either: (1) additional ethical arguments are necessary to defend this approach or (2) the claim that it is not appropriate to use ECMO as a destination therapy should be questioned. (shrink)

Global Economy, Global Justice explores a vital question that is suppressed in most economics texts: "what makes for a good economic outcome?" Neoclassical theory embraces the normative perspective of "welfarism" to assess economic outcomes. This volume demonstrates the fatal flaws of this perspective--flaws that stem from objectionable assumptions about human nature, society and science. Exposing these failures, the book obliterates the ethical foundations of global neoliberalism. George DeMartino probes heterodox economic traditions and philosophy in search of an ethically (...) viable alternative to welfarism. Drawing on the work of Amartya Sen, DeMartino proposes the egalitarian principle of the "global harmonization of capabilities" to guide economics. This principle provides a basis for resisting oppression the world over while nevertheless demanding respect for cultural diversity. DeMartino puts this principle to work adjudicating contemporary debates over global policy regimes, and completes thebook with a set of deeply egalitarian global policies for the year 2025. Global Economy, Global Justice 's engaging prose will appeal to those seeking to understand the intersection between economics and political philosophy. Its focus on the normative foundations of contemporary policy disputes makes it unique in the literature on globalization. (shrink)

ABSTRACT Every social order depends on a pathway to atonement for those who breach behavioral expectations. However, observers from a variety of fields now agree that the United States has entered an age of non-apology, where the two words “I’m sorry” simply cannot be said, particularly by powerful men facing allegations of sexual misconduct. This essay draws attention to, and comments upon, this trend. We first identify the sociopolitical factors that have inaugurated the era of non-apology, namely growing political (...) polarization. We then explain the consequences of this shift in societal expectations surrounding apology. This state of affairs, which associates genuine apology with emasculation and defeat, is harmful: it foments a toxic culture that will not allow redress for survivors of sexual assault and harassment; and it provides no answers to complex questions of how society can address the guilt of those who engage in sexual misconduct. (shrink)

Theoreticians of names are currently split into two camps: Fregean and Millian. Fregean theorists hold that names have referent-determining senses that account for such facts as the change of content with the substitution of co-referential names and the meaningfulness of names without bearers. Their enduring problem has been to state these senses. Millian theorists deny that names have senses and take courage from Kripke's arguments that names are rigid designators. If names had senses, it seems that their referents should (...) vary among possible worlds. However, the Millians have the enduring problem of explaining the apparent cognitive content of names. I argue that Mill's original theory, when purged of confusion, provides word-reflexive senses for names. Frege failed to notice senses of this particular sort. Moreover, it is these senses that account for names' rigid designation. When the views of Mill and Frege are understood as complementary, the problems that have faced the divided theorists of names vanish. (shrink)

In spite of advances in medicine and public health, malaria and other mosquito‐borne diseases are on the rise worldwide. Although vaccines, genetically modified mosquitoes and safer insecticides are under development, herein we examine a promising new approach to malaria control through better repellents. Current repellents, usually based on DEET, inhibit host finding by impeding insect olfaction, but have significant drawbacks. We discuss how comparative genomics, using data from the Anopheles genome project, allows the rapid identification of members of three (...) protein classes critical to insect olfaction: odorant‐binding proteins, G‐protein‐coupled receptors, and odorant‐degrading enzymes. A rational design approach similar to that used by the pharmaceutical industry for drug development can then be applied to the development of products that interfere with mosquito olfaction. Such products have the potential to provide more complete, safer and longer lasting protection than conventional repellents, preventing disease transmission by interrupting the parasite life cycle. BioEssays 25:1011–1020, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

Truth Be Told explains how truth and falsity result from relations that sentences and their constituents have to the circumstances at which they are evaluated. It offers a precise analysis of truth and a diagnosis of the Liar paradox. Current semantic theory employs generalized quantifiers as the extensions of noun phrases. The book provides simpler extensions for noun phrases. These permit intuitive compositions of truth-values and a diagnosis of the Liar and Grelling paradoxes.

This paper develops a full account of Rawls's notion of a well-ordered society and uses it to address two luck egalitarian objections to his principles of justice. The first is an internal criticism which claims that Rawls's account of justice is better captured by a responsibility-sensitive egalitarian account. The second is an external objection according to which, regardless of the alleged inconsistency between Rawls's principles and his account of justice, we should reject those principles in favour (...) of a responsibility-sensitive criterion because it better captures our moral intuitions about distributive justice. The argument presented answers both objections by defending the value of well-orderedness and showing the difficulties of responsibility-sensitive egalitarian conceptions in realizing this ideal. (shrink)

Hume and contemporary Humeans contend that moral sentiments form the sole and sufficient basis of moral judgments. This thesis is criticised by appeal to Hume’s theory of justice, which shows that basic principles of justice are required to form and to maintain society, which is indispensable to human life, and that acting according to, or violating, these principles is right, or wrong, regardless of anyone’s sentiments, motives or character. Furthermore, Hume’s theory of justice shows how the principles (...) of justice are artificial without being arbitrary. In this regard, Hume’s theory belongs to the unjustly neglected modern natural law tradition. Some key merits of this strand in Hume’s theory are explicated by linking it to Kant’s constructivist method of identifying and justifying practical principles (à la O’Neill), and by showing how and why Hegel adopted and further developed Kant’s constructivism by re-integrating it with Hume’s central natural law concern with our actual social practices. (Slightly revised English translation by the author of „Von der Konvention zur Sittlichkeit. Humes Begründung einer Rechtsethik aus nach-Kantischer Perspektive“, on which see below.). (shrink)

Giacomino Malafossa’s A Question on the Subject of Metaphysics, in Which Is Included the Question Whether Metaphysics Is a Science, from 1551 consists of two parts. In the first part, the author discusses various positions regarding the subject matter of metaphysics. In particular, he debates which conditions any scientific object must fulfill, the most important one being that an object of a science virtually contains all of its truths. Since being as being virtually contains whatever is considered in metaphysics, (...) this is the adequate object of metaphysics. In the second part, the author addresses the problem that the transcendental properties of being are not truly demonstrable. This endangers the status of metaphysics as a science in the strict Aristotelian sense. The author discusses various Scotist solutions to this problem. His own solution is that metaphysics indeed is a science in the strict sense, but only when it considers God, not when it considers being as being, thus unwittingly challenging Duns Scotus’s own idea that metaphysics is a “transcending science” because of its consideration of being and its transcendental properties. Malafossa’s Quaestio is an important example of the metaphysical discourse at the University of Padua in the sixteenth century. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Interpreting from the IntersticesThe Role of Justice in a Liberal Democracy—Lessons from Michael Walzer and Emmanuel LevinasNicholas R. Brown (bio)1As anyone who is familiar with more recent theological debate can attest, the appraisal of the liberal democratic tradition has undergone a radical reevaluation in the wake of Stanley Hauerwas’s and Alasdair MacIntyre’s scathing critiques. As a result of their blistering assault, religious ethicists and philosophers now (...) find themselves operating within a discursive milieu that is almost the photo negative of the one they previously inhabited. For what has followed After Virtue and After Christendom is a situation in which compliance with liberal democratic norms is now perceived as actively inveighing against justice rather than as an integral prerequisite to its pursuit.There are cracks, however, beginning to emerge in the MacIntyre/Hauerwas edifice. For what is becoming disputed and increasingly so among a growing chorus of religious ethicists and philosophers is whether their critical reading of liberal democracy offers the most [End Page 155] helpful or even the most biblical way to think through its own moral dimensions as well as those undergirding its relationship with justice.It is the emergence of these criticisms that forms the basis for this essay. For the thesis that I wish to advance below is that liberal democracy offers religious ethicists and philosophers alike a moral framework and vocabulary from which it is possible to comprehend and enact the normative precepts encapsulated within a biblical understanding of justice. Accordingly, some aspects of my argument will build upon the rhetorical trajectories that have been already charted by the ethicists and philosophers I mention above.What distinguishes my approach, however, is that I will proceed from a more focused examination of some of the ethical and political undercurrents found within contemporary Jewish thought. More specifically, I want to probe the ethical philosophy of Emmanuel Levinas and the political philosophy of Michael Walzer, for I believe the juxtapositional methodology of interpretation which informs each of their perspectives is illustrative of an interstitial hermeneutic that helps further illuminate the moral compatibility between biblical and democratic accounts of justice.2By now, MacIntyre’s and Hauerwas’s critiques of the liberal democratic tradition have been so thoroughly documented, discussed, and dissected that a review of their perspectives cannot help but have a certain pleonastic quality.Probably the most significant and disturbing problem that MacIntyre and Hauerwas see belying the liberal democratic tradition stems from its conception of time and space, or more precisely, its lack thereof. For what they discover upon a more careful probing of its moral and epistemological underpinnings is a pursuit of transcendence not dissimilar to Gnostic metaphysics. In the case of liberalism, however, the existential encumbrances to be excised are not corporeal and carnal in nature, but historical and social. [End Page 156]Such conditionalities, surmise liberal theorists, are so shot through with conceptual prejudices that they comprise an interpretative straight-jacket that vitiates against the kind of objectivity necessary to engage in a nonparochial process of moral and political discernment. For it is precisely this ability “to be able to stand back from any and every situation in which one is involved, from any and every characteristic that one may possess, and to pass judgment on it from a purely universal and abstract point of view that is totally detached from all social particularity” which MacIntyre sees as constituting “the essence of moral agency” of modern liberalism (AV 31–32). Therefore, “liberalism is successful,” maintains Hauerwas, “exactly because... [it] provide[s] that philosophical account of society designed to deal with” the moral and political implications such a social and historical denuding portends, namely “a system of rules that will constitute procedures for resolving disputes as they pursue their various interests.”1However, what liberalism defines as success MacIntyre and Hauerwas see as anything but. Instead, both judge its “system of rules” to be an insidious prescription for a particularly virulent form of moral nihilism and political bankruptcy. For by stripping moral and political discourse of their historical and social referents, liberalism, ironically and tragically, eviscerates itself of the very heuristic and discursive practices necessary to make those... (shrink)

Background. The COVID-19 pandemic necessitated drastic changes to undergraduate medical training at the University of Botswana (UB). To save the academic year when campus was locked down, the Department of Medical Education conducted a needs assessment to determine the readiness for emergency remote teaching (ERT) of the Faculty of Medicine, UB. Objectives. To report on the findings of needs assessment surveys to assess learner and teaching staff preparedness for fair and just ERT, as defined by philosopher John Rawls. Methods. Needs (...) assessment surveys were conducted using Office 365 Forms distributed via WhatsApp, targeting medical students and teaching staff during the 5 undergraduate years. Data were analysed quantitatively and qualitatively. Results. Ninety-two percent (266/289) of students and 73.5% (62/84) of teaching staff responded. Surveys revealed a high penetration of smartphones among students, but poor internet accessibility and affordability in homes. Some teaching staff also reported internet and device insufficiencies. Only WhatsApp was accessible to students and teaching staff. Conclusions. For equitable access to ERT in the future, the surveys revealed infrastructural improvement needs, including wider, stronger, affordable WiFi coverage within Botswana and enhanced digital infrastructures in educational institutions, with increased support for students. (shrink)

In this article I argue that justice often requires that candidates who are sufficiently qualified for jobs be hired via lottery on the basis that this is the best way to recognise each candidate's equal moral claim to access meaningful work. In reaching this conclusion I consider a variety of potential objections from the perspectives of the employer, of the most qualified candidate, and of third parties, but ultimately reject the idea that a person's status as the most (...) qualified candidate can explain why they ought to be appointed over other sufficiently qualified candidates. (shrink)

Drawing on her pioneering work in feminist standpoint theory, Harding articulates and defends the “strong objectivity” program, which she subsequently tests against recent discussions of objectivity and against postcolonialist science and technology studies. Strong objectivity starts with an examination of the experiences of individuals, such as women and minorities, who have traditionally been excluded from knowledge production in order to criticize prevailing standards of objectivity - especially the “weak objectivity” of allegedly value-neutral science - and to articulate stronger standards (...) of objectivity. This stance assumes that by adopting a standpoint outside of a discipline, one can achieve the distance required to critically assess the values, interests, and assumptions of that discipline. As Harding makes clear, this program is not merely interested in criticizing dominant research practices to improve the reliability and validity of science, but it is an inherently social and political project aimed at articulating standards that can produce science for social justice movements. After identifying various ways in which the strong objectivity program is consonant with major themes in recent science and technology studies research (e.g., historical work on the concept of objectivity, the dynamic co-evolution of science and society, theoretical pluralism), Harding responds to some potential objections to strong objectivity, e.g., accusations of relativism. By way of conclusion, Harding outlines her vision of a “new unification of multiple sciences” as a possible fruit of the strong objectivity program, wherein the global sciences are unified and harmonized by common goals of obtaining knowledge and developing more socially responsible societies. (shrink)

While punishment is a longstanding object of philosophical scrutiny, other controversial aspects of the justice system, such as policing, have flown under the radar. In this paper, we consider possible reasons why philosophers interested in crime and punishment have neglected policing. We make the case for a broader account of the political morality of the justice system, with a particular emphasis on policing. We sketch the outlines of an egalitarian version of such a theory, highlighting parallels between policing (...) and the welfare state. Finally, we turn to recent calls for police abolition. Evaluating such radical claims requires, we argue, going beyond the traditional confines of the philosophy of punishment and considering a more holistic and interdisciplinary theory of criminal justice. (shrink)

This paper argues that the Fairtrade certification system represents an illuminating example of the challenge of systematically determining consumer and entrepreneurial responsibilities in our global age. In taking up the central question of what, if anything, may be called ‘just’ or ‘fair’ in Fairtrade, I more precisely argue for a two-fold thesis: that a meaningful evaluation of Fairtrade must consider both an interactional and an institutional understanding of global responsibilities to promote justice and that Fairtrade can be better defended (...) against several popular objections from the perspective of a theory that adequately differentiates between interactional responsibilities and institutional responsibilities of promoting justice under unjust circumstances. (shrink)

Interactions with teachers and peers are critical for children’s social, behavioral, and academic development in the classroom context. However, these two types of interpersonal interactions in the classroom are usually pursued via separate lines of inquiries. The current study bridges these two areas of research to examine the way in which teachers influence child-perceived peer social support and peer victimization for 2,678 children within 183 classrooms in preschool through grade three. Two levels of teacher influence are considered, namely teacher-child closeness (...) and conflict relationships at the child-level, and teacher management of interpersonal interactions at the classroom-level. Results of multilevel regression models showed that teacher-child closeness was associated with the growth of child-perceived peer social support from fall to spring, whereas teacher-child conflict and teachers’ behavior management practices were associated with the change in child-perceived peer victimization across the academic year. These associations were unique and above and beyond the influence of children’s actual peer social interactions, including reciprocal friendships and the collective classroom reputation of peer victimization. Collectively, findings highlight the multi-faceted teacher roles in shaping children’s perceptions of their peer social experiences during the earliest years of schooling. (shrink)

A standard criticism of act-utilitarianism is that it is only indirectly concerned with the distribution of welfare between individuals and, therefore, does not take adequate account of the separateness between individuals. In response a number of philosophers have argued that act-utilitarianism is only vulnerable to that objection because it adheres to a theory of the good which ignores non-welfarist sources of intrinsic value such as justice. Fred Feldman, for example, argues that intrinsic value is independently generated by the (...) receipt of welfare and the degree to which receipt accords with the demands of justice, and that an action is right insofar as it maximizes the sum of both those sources of value. In response it is argued that justicized consequentialism only blocks the objection at the expense of presupposing deontological constraints. In addition, it is argued that the value of justice cannot be explained non-deontically and, therefore, that the proposed theory is not consequentialist all the way down. (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)

Leveraging perspectives from social cognitive theory, the attention-based view, and social networks literatures, we tested the relationship between unethical choice and network unethicality, which we define as respondents’ perceptions of their peer advisors’ unethical choices. Although social cognitive theory predicts that perceptions of peer advisor unethical choice are positively associated with unethical choice, we theorize that the nature of this relationship depends on the personality of the actor and the situation. Results from a lagged study suggest that individual (...) and situational variables may act as key buffers to the adverse impact of unethical social influence on ethical choice. Strengths, limitations, and directions for future research are discussed. (shrink)

Punishment and Reparations are sometimes held to express retaliatory emotions whose object is to strike back against a victimizer. I begin by examining a version of this idea in Mill's writings about natural resentment and the sense of justice in Chapter V of Utilitarianism. Mill's view is that the ?natural? sentiment of resentment or ?vengeance? that is at the heart of the concept of justice is essentially retaliatory, therefore has ?nothing moral in it,? and so must be disciplined (...) or moralized from without by the desire to promote the general welfare. I argue to the contrary that if ?reactive attitudes? like resentment and moral blame are understood as Strawson analyzed them, as essentially ?interpersonal? or ?second personal?, they have a different content and function. They implicitly demand respect in a way that also expresses respect for the victimizer as a member of mutually accountable community of moral equals. Some implications of this idea are discussed for the ?expressive theory of punishment? and ?civil recourse? theories of torts. (shrink)

Take the mystery out of digital photography and join the fun! You don't need to be a professional photographer or a technology expert to take great digital photos! This down-to-basics guide makes it easy to choose the right camera, understand all its dials and controls, take good pictures, make them look even better with your computer, and print them or share them online for friends and family to enjoy. Do your homework — compare camera features to choose those you need (...) at the price you can afford Practice, practice, practice — learn to use camera settings, how to compose good shots, and how light affects a picture The darkroom is now digital — use free software to organize and edit your photos Learn to share — print your pictures at home or through a service, e-mail them to friends, set up an online photo album, or show them off in a digital picture frame Open the book and find: How to pick the camera that best fits your budget and needs Tips for taking great travel photos Accessories you might want for your camera How to get really good pictures of kids and pets Easy ways to get photos from your camera to your computer Tips and tricks for editing pictures on a computer Good reasons for putting your pictures online. (shrink)

Choose the settings that make your digital photos better Can't wait to see what you and your digital camera can do? Packed with examples of what you can accomplish, this book gives you the inside scoop on camera features, setting up shots, downloading your photos, and a whole lot more! Open the book and find: Basic camera settings and digital photo file formats When to use your camera's flash Tips for composing good pictures How to transfer photos from your (...) camera to your computer How automatic scene modes simplify photo taking. (shrink)

In this book, Kevin Ip articulates and defends an egalitarian conception of global distributive justice grounded on the value of equality as a normative ideal of how human relations should be conducted. Arguing that relationships of equality, rather than those characterized by domination or exploitation, are a requirement for a just system, Ip spells out the real-world implications of this approach. Ip defends the ideal of equality against the diverse objections which have been brought to bear, and the responsibilities (...) we bear in our aspirations towards global justice. (shrink)

In this article, I argue that Gadamer's hermeneutics of historical tradition does not imply a conservative stance on ethical and political issues. My essay seeks to show that Gadamer's philosophy leaves ample room for normative criticism, objectivity, and theories of justice at odds with conventional common sense. I critically examine Walzer's Spheres of Justice, reading it as an attempt to obtain a normative account of justice based on a hermeneutical framework of interpretation. I make several criticisms of (...) Walzer's method and results, which I use to develop my own critical model for interpreting, criticizing, and revising traditional understandings, and common sense meanings. My conclusion is that we need to extend Gadamer's philosophy, in order to identify the ways that established traditions of understanding and common sense can result from, or produce, inconsistency, irrationality, hermeneutical incoherence, and meaningless deprivations or suffering. This essay thus seeks to develop an influential continental philosophy in a direction that makes fruitful contact with Anglo-American theories of justice, and normativity. (shrink)

In this paper I consider Aristotle’s solutions to two questions about justice and the laws: why think that obeying the law is just? And why think that doing what is just will promote one’s happiness? I analyze Aristotle’s solutions to these two problems in terms of four claims concerning the laws that come from Plato and underwrite Aristotle’s optimism about the potential for politikê epistêmê to issue in laws which are objectively correct.

In this paper I argue for the following conclusions: 1. The widely shared beliefs that in utilitarianism and consequentialism (a) the good has priority over the right and (b) the right is derived from the good, are both false. 2. The most plausible components of utilitarianism that are used to present it as an intuitively compelling moral theory - welfarism, consequentialism and maximization - do not in fact support utilitarianism because they do not establish that the best state of (...) affairs is the one with the highest sum total of the non-moral good. These components cannot determine which state of affairs is the best and therefore leave it entirely open whether one should opt for distribution-insensitive utilitarianism or a distribution-sensitive welfarist consequentialism. Since this is left open, it is not the case that distribution-insensitive utilitarianism is the default option and every deviation from it towards a more just distribution needs to be defended against utilitarianism. Rather, in light of our moral intuitions and the persistence of the objection from justice against utilitarianism, it seems to be the other way round, that distribution-sensitivity is the default option and any deviation from it bears the burden of proof. (shrink)

The use of narrative research is often informed by a commitment to social justice on the part of the researcher. An example of this literature, Morwenna Griffiths' Action for Social Justice in Education: Fairly Different (2003), is taken here to illustrate the understanding of power and the way in which the relationship between theory and practice is conceived. The language and tone of such texts illustrate the role of a certain inheritance of psychology in the construction of subjectivity, (...) which shapes our understanding and conduct of the personal and professional. This, and the way in which the 'reflective practitioner' forms part of broader contemporary understandings of the self within liberal political rationality, is discussed with reference to work informed by the thought of Michel Foucault in order to provide a critique of the stated objectives of narrative research and the accompanying agenda of social justice. It is argued that without further attention being given within such work both to what is meant by narrative and social justice, and to assumptions regarding the nature of the operation of power, its emancipatory objectives are undermined. (shrink)

Fichte's definitions of property appear to diverge from modern common linguistic usage, especially his identification of leisure as the object of an absolute right of property, and they may even appear arbitrary. I argue that these definitions are not in fact arbitrary. Rather, any divergence from common linguistic usage can be explained in terms of a conceptual innovation which consists in expanding or modifying a concept by thinking it through, thereby generating new content. In the case of Fichte's (...) theory of property, this content turns out to be leisure as the primary object of a theory of distributive justice. The conceptual innovation found in Fichte's theory of property invites a reconceptualization of the relation between work and freedom. (shrink)

One way to seek to reduce the risk of potential offenders engaging in certain types of crime in a public or semi-public area is to make it much more difficult, or even impossible, for them to gain access to the area in question and subject them to a sanction if they do enter the area. This paper considers whether preventive exclusion of this kind should be considered a pro tanto morally impermissible means of crime prevention because it violates the agency (...) of those excluded. Several variants of this agency objection to preventive exclusion are identified and critically assessed. It is argued that none persuasively show preventive exclusion to be pro tanto morally wrong. (shrink)

In this book, an international group of philosophers, economists and theologians focus on the relationship between justice, luck and responsibility in health care. Together, they offer a thorough reflection on questions such as: How should we understand justice in health care? Why are health care interests so important that they deserve special protection? How should we value health? What are its functions and do these make it different from other goods? Furthermore, how much equality should there be? (...) Which inequalities in health and health care are unfair and which are simply unfortunate? Which matters of health care belong to the domain of justice, and which to the domain of charity? And to what extent should we allow personal responsibility to play a role in allocating health care services and resources, or in distributing the costs? With this book, the editors meet a double objective. First, they provide a comprehensive philosophical framework for understanding the concepts of justice, luck and responsibility in contemporary health care; and secondly, they explore whether these concepts have practical force to guide normative discussions in specific contexts of health care such as prevention of infectious diseases or in matters of reproductive technology. Particular and extensive attention is paid to issues regarding end-of-life care. (shrink)

There are two questions with regard to money: What can it buy? and, How is it distributed? The two must be taken up in that order, for only after we have described the sphere within which money operates, and the scope of its operations, can we sensibly address its distribution. We must figure out how important money really is. It is best to begin with the naive view, which is also the common view, that money is all-important, the root of (...) all evil, the source of all good. "Money answereth all things," as Ecclesiastes says. According to Marx, it is the universal pander, arranging scandalous couplings between people and goods, breaching every natural, every moral barrier. Marx might have discovered this by looking around in nineteenth-century Europe, but in fact he found it in a book, Shakespeare's Timon of Athens, where Timon, digging for buried gold, interrogates his object: Gold? yellow, glittering, precious gold? No, gods. (shrink)

Climate change involves changes in the climate system caused by polluting human activities and the social and natural effects of these changes. The historical and anthropogenic grounds of climate change play an important role in climate justice claims. Many climate justice scholars believe that principles of climate justice should account for the historical and anthropogenic sources of climate change. Two main backward-looking principles have been proposed: the polluter pays principle (PPP) and the beneficiary pays principle (BPP). The (...) BPP emerged in the literature on climate justice in response to certain objections raised against the PPP. In this paper, I focus on two of these objections: the causation objection and the excusable ignorance objection. Defenders of the BPP have traditionally assumed that this principle is not vulnerable to those objections, which renders the BPP superior to the PPP. In this paper, I challenge this underlying assumption. My argument here is simple: moving from the PPP to the BPP in response to any of these objections might be unjustified because the BPP is affected by at least some of the considerations giving rise to these objections. (shrink)

The most recent major contribution to the literature on justice as mutual advantage is Peter Vanderschraaf’s book Strategic Justice. In this book, he develops a theory of justice as convention, where justice is those principles that rational, self-interested agents would choose to solve problems of partially conflicting interest. His theory is thus a kind of theory of justice as mutual advantage. A common criticism of theories of justice as mutual advantage is the Vulnerability (...) class='Hi'>Objection: if the principles of justice require that resources are only shared with those that are net-contributors to a cooperative surplus, then those that are not net-contributors to that cooperative surplus (so-called vulnerable people) have no claim of justice to any share of the resources. But, the objection states, surely justice cannot exclude people simply because they are vulnerable. Vanderschraaf argues that his theory of justice as convention successfully answers the Vulnerability Objection. However, in this paper, I argue that although Vanderschraaf’s theory successfully demonstrates that it can be to the mutual advantage of rational, self-interested people to agree to share equally even when some people contribute more than others, the problem remains of why such people would share with those that can never contribute more to the cooperative surplus than what they would withdraw from it. Vanderschraaf’s solution is to weaken the requirement that people actually contribute. But that, I argue, undermines the claim that his theory is a theory of justice as mutual advantage. (shrink)

It is widely held that environmental risks which are distributed unequally along racial or socioeconomic lines are necessarily distributed unjustly. While disproportionality may result from the perpetration of procedural injustices—what might be termed environmental racism, the question I am concerned with is whether disproportionality, in and of itself, constitutes injustice. I examine this question from the perspective of three prominent theories of justice that largely capture the range of our intuitions about fairness and justice—utilitarianism, natural rights (...) theory, and (Rawlsian) contractarianism. While each of these theories provides clear grounds for objecting to the imposition of risk on individuals without their consent, none provides grounds for thinking that eliminating disproportionalities along racial or socioeconomic lines, in and of itself, is called for as a matter of justice. As a result, I suggest that the concern of environmental justice should lie with identifying (and protecting) those at greatest risk, rather than identifying correlations between average risk levels and morally arbitrary characteristics possessed by individuals, such as race or socioeconomic status. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, (...) with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Political philosophy offers a range of utopian proposals, from open borders to global egalitarianism. Some object that these proposals ought to be constrained by what is feasible, while others insist that what justice demands does not depend on what we can bring about. Currently, this debate is mired in disputes over the fundamental nature of justice and the ultimate purpose of political philosophy. I take a different approach, proposing that we should consider which facts could fill out (...) a feasibility requirement. This search for the facts requires requires looking to the social sciences, but I argue that it turns out that the social sciences will not provide us with findings that rule out, nor even count against, the kinds of proposals that political philosophers actually make, whether ideal or non-ideal. At the least, to deny this requires adopting deeply controversial commitments within the philosophy of social science. Thus, I conclude that a feasibility requirement has little practical use for political philosophers. Disputes over that requirement ought to be replaced by other, more fruitful ways for political philosophers to address both the findings of social science and the debates over non-ideal theory or political realism. (shrink)

Organizational justice is a behavioral science concept that refers to the perception of fairness of the past treatment of the employees within an organization held by the employees of that organization. These subjective perceptions of fairness have been empirically shown to be related to 1) attitudinal changes in job satisfaction, organizational commitment and managerial trust beliefs; 2) behavioral changes in task performance activities and ancillary extra-task efforts to assist group members and improve group methods; 3) numerical changes in the (...) quantity, quality and efficiency of divisional outputs; and—though this is far more tentative—4) eventual changes in the competitive advantage and financial performance of the full organization. The authors propose that these constructs can be applied to all stakeholders, rather than just to the current employees of the firm, and that objective determinations of fairness by the managers can be related to subjective perceptions of fairness by the stakeholders that will result in the sequential series of attitudinal, behavioral and numerical changes that will lead to performance improvements. In short, the authors propose a normative stakeholder theory of the firm, based upon ethical principles, that will have testable descriptive hypotheses derived from the behavioral constructs. (shrink)

This article considers what can be learned regarding the ethical acceptability of intrusive interventions intended to halt the spread of infectious disease (‘Infection Control’ measures) from existing ethical discussion of intrusive interventions used to prevent criminal conduct (‘Crime Control’ measures). The main body of the article identifies and briefly describes six objections that have been advanced against Crime Control, and considers how these might apply to Infection Control. The final section then draws out some more general lessons from (...) the foregoing analysis for the ethical acceptability of different kinds of Infection Control. (shrink)