아리스토텔레스의 정의론에 대한 연구 및 소개는 니코마코스윤 리학 5권 2∼4장의 특수한 정의(산술적 동등성, 기하학적 동등 성)에 집중되어 있다. 대부분의 주석가들은 1장에서 언명되는 일반 적 정의(전체적 정의)에 대해 별 관심이 없거나 그 지위를 평가절 하하고 있는 것으로 보인다. 그들이 보기에는 일반적 정의는 5권 1 장과 2장 초반부에 나타났다가 갑자기 실종되는 개념이다. 나는 이 런 독해를 교정하고자 한다. 기존의 주석가들 대부분은 1장과 2장 의 관계를 너무 ‘편안한’ 자세로 읽고 있기 때문이다. 또한 그들은 일반적 정의가 가지는 덕으로서의 기능과 의미에 관해 별로 주목 하지 (...) 않았기 때문이다. 나의 논제는 다음과 같다. 1장에서 논의되 는 일반적 정의는 2장부터 논의되는 특수한 정의보다 훨씬 더 의 미심장하게 EN v 전체를 관통하는 굵은 그리고 일관적인 주제다. 어떤 의미에서, 1장의 아이디어가 마지막 11장까지 다 지배하고 있다. (shrink)

Ancient philosophers develop what has been called a compositional conception of justice. They treat the virtue of justice as conceptually anterior to a just social order and the moral standing of others. By reversing the order of priority, modern thought proposes structural conceptions of justice. However, Thomas Aquinas’s compositional account of justice may satisfy the demands of modern conceptions. He argues that there is a moral virtue called general or legal justice, which consists in (...) responding to the demands of the common good and a society’s laws. The article reconstructs Aquinas’s account of general justice and argues that he manages to resolve certain difficulties inherent in a compositional conception of justice. He can explain how a shared conception of the common good is reached, and how those who hold rival conceptions can be accommodated and expected to promote it. (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.

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

In the discussion of global ethics, philosophical ethics risks losing its distinct theoretical horizons. This predicament arises primarily from philosophy's failure to anchor its own object and to provide a rational basis for global justice from within its current confined theoretical paradigm. Against this background, this paper will first prioritize global co-existence as the primary concern of global ethics, then propose ontological co-existence justice as its foundational principle, and finally argue that the normative validity of co-existence justice (...) is predicated on the nations fulfilling the critical requirements of modern civilization, namely, the advancement of individual freedom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justice and the General Will:Affirming Rousseau's Ancient OrientationDavid Lay WilliamsThere is much confusion about how to characterize the work of Jean-Jacques Rousseau. His thought has at various times been related to such dissimilar thinkers as Plato and Hobbes. From Plato he is said to have acquired his affinities for community and civic virtue. And one does not have to look too hard to find his praise for (...) the great sage of the Academy: "Plato only purified the heart of man."1 He was often eager to affiliate his ideas with those of antiquity. He yearned for modern society to rekindle the flames of a once-great civilization. "[W]hat keeps us [the moderns] from being men like them [the ancients]? Our prejudices, our base philosophy, and the passions of petty self-interest, concentrated together with egoism in all hearts by inept institutions in which genius never had any share."2 Despite his obvious admiration for the perceived greater ideas of the past, however, Rousseau also expressed some skepticism. James Miller has suggested that he held Plato's theory of the Forms to be unsustainable.3 Allan Bloom has likewise argued that Rousseau's "teaching is not... a revival of those of Plato.... If he admires the practice of antiquity, he does not accept the theory."4This has led many to argue that Rousseau is best understood as student of Thomas Hobbes. Roger D. Masters, for example, has suggested that "Rousseau's principles of political right can... be best described as a reformulation [End Page 383] of Hobbes' conception of the social contract."5 Arthur Melzer also argues, "The purpose of the doctrine Rousseau elaborates in the Social Contract is essentially the same [as Hobbes']."6 This view is argued on the grounds that the General Will is a positive or arbitrary standard, functioning as the primary principle of Rousseau's constructive political program. Yet the vision of Rousseau as a Hobbesian or modernist also merits skepticism. While he employs a social contract, as does Hobbes, he explicitly rejects traditional forms of positivism. "What is good and conformable to order is so by the nature of things and independently of human conventions."7 Whatever one might say about such passages, it at least raises the possibility that Rousseau is no modernist in the Straussian sense of defining Justice as human agreement.Much of what contributes to the conflicting interpretations of Rousseau can be attributed to different understandings of the relative priority and relationship of two central concepts in his writings. One of these is the well-discussed notion of the General Will. The dominant fashion is to read the General Will as a conventional substitute for natural law or transcendent Ideas. According to this reading, the General Will is grounded on nothing more than consent and functions as the first principle of all legitimate political societies. The other term central to Rousseau's program is the far less discussed but equally important concept of Justice. Little has been written on his understanding of Justice and, for that matter, he himself rarely discussed it explicitly. But it, too, could also be considered a primary principle. While it would be foolish to dismiss the importance of the General Will to Rousseau, it would be equally problematic to explore it independently of his Idea of Justice. The question in understanding his work is which of these two principles—the General Will or Justice—is primary or fundamental. If it is the General Will, a case can be made that the Straussians are right, and Rousseau is a positivist. If Justice is prior, on the other hand, then there is reason to believe that he was something much different.I argue that the positivist reading of Rousseau is flawed. Indeed, my thesis is that he is among the greatest and most thorough Platonists of the modern era.8 His rejection of Hobbes is not merely rhetorical. In fact, it represents the [End Page 384] true impetus of his social contract. This contract is designed explicitly to counter Hobbesian positivism. In the same way that Plato responds to Protagoras' positivism with his theory of the Forms, Rousseau responds to Hobbes... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justice and Generality After CritiqueLisa Landoe Hedrick (bio)The context for my paper is Wesley J. Wildman's understanding of the dispute between modernity and postmodernity; namely, that it is fundamentally a dispute about generality and justice. Where postmodern critique goes wrong, he argues, is in failing to appreciate how a tireless commitment to self-criticism can manage the risks of assertion. We need both consciousness-raising critique and orienting conceptual (...) interpretations of the world—achieving such checks and balances is the promise of a pragmatic theory of inquiry. In contrast to postmodernist asceticism, Wildman invites us to build responsibly. I agree that constructive steps are needed after genealogical, post-colonial, feminist, and other such critical social theories. My concern, shared by several contributors to Religion in Multidisciplinary Perspective, is that these steps can be taken too soon, meaning before they have been sufficiently retooled by way of such theories' concerns about the politics of discourse and inquiry and the conceptual tools with which we conceive comparative programs.I begin by detailing Wildman's position with respect to postmodern criticism. I then explore (and second) concerns voiced by LeRon Shults, Timothy Knepper, and Sarah Fredericks with respect to this position. I proceed to put them in constructive conversation with contemporary anthropologists striving for new conceptions of comparative inquiry in response to similar concerns. My purpose is to show how shame-induced asceticism about a certain type of assertion can create space, not just for greater readiness to revise, but for entirely new senses of assertion.Wildman regards the work of postmodernist critics as "far and away the most ascetic form of philosophy ever attempted."1 The contributions of these "philosophical analysts of ideology in politics and discourse" including thinkers "from Freud and before to Derrida and beyond" have greatly improved our awareness and understanding of "the power of narratives and theories to structure imaginations."2 But they have almost exclusively regarded this power in negative ways, as a subject of suspicion and enemy of an authentic [End Page 12] life. Attempting to systematically avoid ideology, these thinkers have developed highly "ritualized form[s] of discourse" as a way of habitually divulging and eliminating frameworks of understanding.This expectation, according to Wildman, is "impossible" to satisfy and is as such "disabling," not to mention "undesirable."3 Ideology can be as helpful as it can be hurtful and, in any case, it is unavoidable: "[these] coded frameworks of interpretation and meaning … are invaluable in helping us to engage our social worlds constructively." He continues, "Without partially hidden frameworks for orienting ourselves to the endless complexities of social life and politics, we have only painful exposure to the harsh light of more self-awareness than we can tolerate, producing paralysis and impotence. Thus, we need both partially submerged frameworks for social orientation and efficient mechanisms for correcting those frameworks when they produce undesirable or unjust effects."4 Bracketing the discussion about how we judge effects to be "undesirable" or "unjust," I wonder about what this statement implies regarding the placating function of frameworks against reality. What is it about which we become aware that produces paralysis? And what is the framework within which we can make such assessments?Wildman does not see any issue in answering such questions; he draws upon evolutionary biology to establish a positive valence for ideology to counterbalance postmodernist concerns.The ability to appeal to the natural sciences is central to Wildman's protest, since a one-sided account of the way power penetrates knowledge overestimates the arbitrariness and irrationality of that knowledge and invalidates any bid for authority on the part of the natural sciences. As I understand him, Wildman takes this postmodernist move to be symptomatic of a broader lack of self-awareness, which forgets that ideological criticism was itself a modern creation.5 He takes the very fact that ideological criticism has emerged to be a testament against postmodernist fatalism. A two-sided account of the way power penetrates knowledge would, presumably on his logic, admit partial arbitrariness and partial irrationality. (It is unclear to me what differentiates arbitrariness from irrationality here, and I'd be grateful for a lesson.)At least in this context... (shrink)

The review argues that Lovett’s theory of domination suffers from a problem. Lovett is aware of the problem and bites a fairly large bullet in response to it. What he does not seem aware of is that the problem can be avoided by opting for an account of welfare that he unfortunately ignores, despite the fact that it would serve his purposes well.

This study builds on the work of contemporary civic republicans, supplying a detailed analysis of the concept of domination absent in the familiar accounts of political freedom as non-domination.

We often make a distinction between what we owe as a matter of repayment, and what we give or offer out of charity. But how shall we describe our obligations to fellow citizens when we are in a position to be charitable because of a past injustice on the part of the state? This essay examines the moral implications of past injustice by considering Immanuel Kant's remarks on this phenomenon in his lectures and writings. In particular, it discusses the role (...) of the state and the individual in addressing the problem. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

A collection of the author's new and reprinted papers in general jurisprudence. Chapters: -/- Introduction: A Philosophy of Legal Philosophy -/- Law, As Such 1. The Concept of Law Revisited 2. Law as a Means 3. Custom and Convention at the Foundations of Law 4. Realism and the Sources of Law 5. Feminism in Jurisprudence -/- Law and Morality 6. The Germ of Justice 7. The Inseparability of Law and Morals 8. The Morality in Law 9. The Role (...) of a Judge 10. Should Law Improve Morality? -/- The Demands of Law 11. Hume on Allegiance 12. Associative Obligations and the State 13. The Forces of Law 14. The Duty to Govern. (shrink)

This is the first volume of Equality and Justice, a six-volume collection of the most important articles of the twentieth century on the topic of justice and equality. This volume addresses the following three (only loosely related) issues: (1) What is the concept of justice? (2) Is justice primarily a demand on individuals or on societies? (3) What are the relative merits of conceptions of justice based on equality, based on priority for those who have (...) less, and based on ensuring that everyone has a basic minimum, of the relevant goods? (shrink)

Abstract:Organizational justice and injustice are widely noted influences on employees’ ethical behavior. Corporate ethics programs also raise issues of justice; organizations that fail to “follow-through” on their ethics policies may be perceived as violating employees’ expectations of procedural and retributive justice. In this empirical study of four large corporations, we considered employees’ perceptions of general organizational justice, and their perceptions of ethics program follow-through, in relation to unethical behavior that harms the organization, and to employees’ (...) willingness to help the organization by reporting ethical problems and issues to management. Results show that when employees perceive general organizational justice and ethics program follow-through, there is less unethical behavior and greater willingness to report problems. General justice and ethics program follow-through also interact with each other, showing that the impact of ethics initiatives is influenced by the organizational context. (shrink)

Advances in DNA sequencing technology open new possibilities for public health genomics, especially in the form of general population preventive genomic sequencing. Such screening programs would sit at the intersection of public health and preventive health care, and thereby at once invite and resist the use of clinical ethics and public health ethics frameworks. Despite their differences, these ethics frameworks traditionally share a central concern for individual rights. We examine two putative individual rights—the right not to know, and the (...) child’s right to an open future—frequently invoked in discussions of predictive genetic testing, in order to explore their potential contribution to evaluating this new practice. Ultimately, we conclude that traditional clinical and public health ethics frameworks, and these two rights in particular, should be complemented by a social justice perspective in order adequately to characterize the ethical dimensions of general population PGS programs. (shrink)

This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to (...) show the importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation. Having in mind that the principle of justice is closely linked to the principle of equity, because equity precedes justice, or more precisely, equity is considered a source of justice, this article seeks to articulate the essential distinctions between these two concepts by focusing on their methods, i.e. in their approach for putting the idea of equality into action. (shrink)

In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the ‘continuity thesis’ according to which at (...) least part of the rationale for doing corrective justice is to mitigate one’s wrongs, including one’s torts. I try to show how much of the law of torts this thesis helps to explain, but also what it leaves unexplained. In the process I show (what I will discuss in a later companion paper) that ‘corrective justice’ cannot be a complete answer to the question of what tort law is for. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to (...) reject punishment in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

Diffusions in Architecture: Artificial Intelligence and Image Generators delves into the impact of Diffusion AI algorithms and generative image models on architecture design and aesthetics. The book presents an in-depth analysis of how these new technologies are revolutionizing the field of architecture. The architects presented in the book focus on the application of specific AI techniques and tools used in generative design, such as Diffusion models, Dall-E2, Stable Diffusion, and MidJourney. It discusses how these techniques can generate synthetic images that (...) are both realistic and imaginative, creating new possibilities for architectural design and aesthetics. This comprehensive overview of the impact of Diffusion AI algorithms and generative image models on the field of architecture shows how they are changing the way architects approach their work. With a foreword by Lev Manovich—artist, writer and one of the world's most influential digital culture theorists. Sharing the work and insights of a team of designers and theorists from a range of backgrounds, offering disciplinary depth, and covering the full impact of these tools and models on architecture, Diffusions in Architecture includes information on: Fresh perspectives on design and aesthetics, with designs, images, and commentary from 22 leading architects, theorists, and designersThe potential of prompt engineering and text-to-image models applicable to a broad interdisciplinary audienceWhether image generators, or AI in general, will be an aid for human design, or potentially displace humans from the market fundamentals of a larger debate in the architectural discourse (and practice) on the use of image generatorsCollecting the different ideas that have emerged in the field, Diffusions in Architecture provides architects, designers, concept artists, and theorists with an overview of this cornucopia of architectural imaginations produced in a common effort between humans and artificial intelligence. (shrink)

What is Justice? Society depends on justice for its stability and the well-being of its members. Justice is usually carried out in accordance with the established law. Justice can be grounded in societal norms, human and religious values, and/or established civil law. Generally, justice seeks to ensure fair treatment for all of humanity. This article sets forth the justice context for understanding andoperationalzing restorative justice by first explaining a variety of types of (...) class='Hi'>justice to lay a foundation for understanding the complexity of the concept of justice. Following the typology, a review of the concept of restorative justice, addressing its beginnings, practitioners, key concepts, principles, values, practices, and description is given. Finally, examples from my teaching experience at a maximum security prison enhance my understanding of restorative justice as restoring the humanity of us all. (shrink)

I defend affirmative action on the ground that it increases certain people’s ability to exercise their basic liberties, rather than because it rectifies injustice in the narrow context of educational admission procedures. I present this justification using a Rawlsian contractualist framework to forge a “nonideal principle of justice.” Drawing on social science, I argue that this principle supports affirmative-action policies like those in the contemporary U.S., and blocks the objection that such policies are unfair. In closing, I show how (...) my account can be used to refine some features of contemporary affirmative-action policies, and I reflect more generally on the value of nonideal principles of justice for tackling exigent topics. (shrink)

In this paper we argue that questions about which mathematical ideas mathematicians are exposed to and choose to pay attention to are epistemologically relevant and entangled with power dynamics and social justice concerns. There is a considerable body of literature that discusses the dissemination and uptake of ideas as social justice issues. We argue that these insights are also relevant for the epistemology of mathematics. We make this visible by a journalistic exploration of relevant cases and embed our (...) insights into the larger question how mathematical ideas are taken up in mathematical practices. We argue that epistemologies of mathematics ought to account for questions of exposure to and choice of attention to mathematical ideas, and remark on the political relevance of such epistemologies. (shrink)

Employing a social justice framework, this book examines the effects of innovation incentives and policies in agriculture. It addresses access to the objects of innovation, the direction of science and the type of innovations that are available, opportunities to participate in research and development, as well as effects on future generations. The book examines the potential value of preventive and reconciliatory measures, drawing on concepts from procedural and restorative justice. As such it offers a comprehensive analysis of the (...) main social justice dimensions affected by agricultural innovation. It gives academics and policy analysts an extensive overview of the deep impact of innovation on society and the environment, and the expectations the general public has from the scientific community. (shrink)

Energy justice is often conceived of as consisting of distributive, procedural, and recognitional justice. This article adds epistemic justice, which engages with the question of how the exchange of knowledge can be shaped fairly. Energy issues ramify across social worlds, connecting to multiple knowledge systems. The conventional elements of energy justice place specific demands on how different knowledge systems must be accommodated. Epistemic work must be done to bridge epistemological differences and pay due respect to different (...) forms of knowledge. Energy justice should not neglect this epistemic work, and it cannot be assumed that it is sufficient to invite stakeholders to the discussion arena. I argue that fair ways of dealing with knowledge and fair opportunities for citizens to contribute knowledge to energy affairs are crucial to achieving energy justice of any general form. Also, this epistemic justice is not to be seen as yet another pillar of energy justice but a concern that runs through all pillars of energy justice. (shrink)

Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts as a (...) reasonable burden for any of the available agents to secure subsistence. No justifiable principle exists implying generalised perfect duties any agent could clearly follow or clearly breach that secure subsistence conditions for others. At best we can justify rescue duties under very specific conditions, or general but imperfect duties to improve arrangements. Neither of these obviously correlates with human rights standards. Attempts in the literature to overcome the dilemma by claiming basic rights can correlate with imperfect duties or can generate duties to work towards institutions that ‘perfect’ our imperfect duties, are faulty. I then show how the dilemma can be avoided by accounts of human rights focusing on minimum respectful treatment rather than goods or interests. (shrink)

When feminist philosophers first turned their attention to traditional ethical theory, its almost exclusive emphasis upon justice, rights, abstract rationality, and individual autonomy came under special criticism. Women’s experiences seemed to suggest the need for a focus on care, empathetic relations, and the interdependence of persons.The most influential readings of what has become an extremely lively and fruitful debate are reproduced here along with important new contributions by Alison Jaggar and Sara Ruddick. As this volume testifies, there is no (...) agreement on the important questions about the relationship between justice and care, but the debate has deepened and enriched our understanding in many ways. Justice and Care is a valuable collection of readings—an essential tool for anyone studying the state of feminist thought in particular or ethical theory in general. (shrink)

Long histories and entrenched habits of inattention among advantaged groups mean that even minor challenge and concession can provoke subjective perceptions of victimization. How, in such conditions, might claims of structural injustice break through? Drawing on field work with practitioners across conflict mediation, therapy, education, and performance – four sectors that facilitate listening in fraught contexts yet are undertheorized in politics – this article makes the case that among the most overlooked and powerful resources for cultivating receptivity and responsiveness among (...) advantaged groups are the arts of listening. Practices of engagement across these sectors establish listening as potent rather than passive, given the extent to which it constitutes the field of encounter and shapes what emerges within it, both in terms of expression and, more significantly in this context, receptivity of those to whom one listens. Yet this also means that how one listens is a pivotal consideration – particularly when listening might serve to reinforce and normalize unjustly dominant positions. In contrast to progressive politics’ emphasis on finding more forceful forms of voice and conventional reliance on direct communicative practices, this article explores how specific comedic, theatrical, and embodied tactics can generate ‘oblique forms of listening’ potentially useful to social justice struggles. (shrink)

ABSTRACT Despite being generally recognised as Camus’ most important philosophical essay, L’Homme révolté is rather neglected in the scholarship and enjoys a limited readership, especially among Anglophone critics and readers – a fact brightly reflected in the questionable quality of the only English translation, by Anthony Bower, and in the decision of Hamish Hamilton and Penguin, Camus’ publishers in the UK, to cut about thirty pages of text from their edition, ‘in the interests of economy.’. This essay examines one brief (...) but crucially important section of L’Homme révolté concerned with Rousseau’s Du contrat social. It explores the centrality of Camus’ analysis of Rousseau’s essay and its influence on the French Revolution to the arguments of L’Homme révolté, especially as these pertain to political or revolutionary violence. It also examines in close detail some striking parallels between Camus’ analysis of Rousseau and that found in essays by Isaiah Berlin and Philip Pettit. (shrink)

Traditional notions of crime control often position the police against an individual, known or not yet known, who is responsible for the commission of a crime. However, with increasingly sophisticated technology, policing increasingly prioritizes the prevention of crime, making it necessary to ascertain who, or what class of persons, may be the next likely criminal before a crime can be committed, termed predictive policing. This causes a shift from individualized suspicion toward predictive profiling that may sway the expectations of a (...) police patrol. Classically, where a patrol officer forms reasonable suspicion prior to a stop, it is based upon his/her analysis of the situation taken as a whole in context. However, where a predictive profile is employed, information available to the officer accordingly adjusts his/her perception of context and affects the application of the reasonable suspicion standard. This article addresses the way in which new approaches to forming reasonable suspicion affect the due process protection of individuals’ fundamental rights. It argues that while an officer still operates with good faith discretion, using predictive profiling causes reasonable suspicion to be based on an augmented understanding of reality and as a result, due process guarantees are weakened. The rights to non-discrimination and the presumption of innocence are assessed and argued as illustrative of this weakening and shift in policing standards. The article ultimately argues that while predictive policing cannot be categorically labeled as inconsistent with criminal justice, changes as seemingly moderate as the manner in which discretion operates have larger effects on individuals’ rights. (shrink)

The year 2020 has yielded twin crises in the United States: a global pandemic and a public reckoning with racism brought about by a series of publicized instances of police violence toward Black men and women. Current data indicate that nationally, Black Americans are three times more likely than White Americans to contract Covid-19, a pattern that underscores the more general phenomenon of health disparity among Black and White Americans. Once exposed, Black Americans are twice as likely to die (...) of the virus. Unsurprisingly, Black Americans report higher levels of fear of Covid-19 than their White peers, but they also report higher levels of hesitancy toward a Covid-19 vaccine. This paper explores why this apparent discrepancy exists. It also provides practical recommendations for how government and public health leaders might address vaccine hesitancy in the context of the twin crises of 2020. (shrink)

An attempt is made to articulate what is seen as a ?thin? interpretation of justice in sport and how this is understood in terms of ?thick? interpretations in various sociocultural settings. In this way, it is argued, sport can be better understood as a dynamic social practice. First, a thin interpretation of justice is formulated. Sport's structural goal is to measure, compare and rank competitors according to their performances. The rule systems of sport are based on more (...) class='Hi'>general norms that describe how this goal can be reached in reliable and valid ways. A thin interpretation consists of norms for equal opportunity to perform and meritocratic norms that describe what inequalities are to be measured in sport and how they are to be rewarded. Secondly, various socio-cultural understandings of the thin interpretation are discussed. Five ideal-typical thick interpretations are given: the purist, the cynic, the rationalist, the supporter and the consumer. These positions represent different and to a certain extent contradictory interpretations of the thin justice scheme. Some positions even seem to reject it. This scheme indicates potentially radical changes in sport as we know it. (shrink)

Plato's _Republic_ divided subsequent study of justice in two, as a virtue of people and of institutions. Here, the start of a reunification is attempted. Justice is first understood personally as the virtuous mean between arrogance and servility, where just people properly respect themselves and others. Because justice requires that like cases be treated alike and self-respect is a special instance of respect generally, justice requires a single standard for self and others. In understanding justice (...) in terms of respect, structural analogies become apparent between “recognition” and “appraisal” respect, on the one hand, and Rawls' two principles of justice on the other. The present view is then compared to “social egalitarian” theories of justice and the essay concludes with a discussion of how mercy is related to justice and an explanation of why just people always look for reasons to mitigate blame and punishment but never to aggravate them. (shrink)

One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such (...) a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of. (shrink)

Rights, justice, and power raise many interesting questions. Why do such basic concepts as rights and justice have such differentpoints of concern—equality, proportionality, medium rei (moderation or the middle of the thing itself without reference to the person using it)? Why are there such different perspectives in philosophy, theology, and law? Why is the notion of power in business ethics so isolated from the general discussion of applied justice in treatises on business contracts, employee relations, and (...) in other related topics? Discussions of power seemed parallel with discussions of justice. The two did not seem to intersect.In this paper I shall argue that rights, power, and justice are interrelated. While natural rights are the basis for justice, rights cannotbe realized nor justice become operative without power. I shall call this relationship and the theory underlying it “Transforming Justice.”One of the basic concerns of this article is to notice the lack of interaction between rights and power in the traditional theories ofjustice. Granted that for many philosophers it is sufficient to determine what is just. But the notion of justice as an active virtue that persons are to exercise in their dealings with others goes further. It touches the realities of life that every person experiences. Life doesnot separate rights from power. Reflection upon the current separation of rights from power both in theory and in action is analogous to the separation of the “sensory” from the “imaginative” in art and in life. The urge to devise a framework of justice that brings out thewholeness of its existential being is the underlying rationale for developing a theory of transforming justice. Another purpose fordeveloping a theory of transforming justice is to suggest a conceptual framework of business ethics and corporate social responsibility that incorporates values, rights, power, and virtue. Authors and teachers approach these issues either from a value (or rights/justice)perspective or from the view that institutions respond only to those who exercise power (apart from legitimate claims). Thus, it isnecessary for a conceptual framework to incorporate the dynamics of power and the qualifying aspects of rights or claims.A natural law approach to justice and rights argues that humans have certain basic rights that others, whether humans or institutions(regardless of source), are required to respect. Natural rights theory places the burden or duty on each individual to respect the rights ofevery other person. In addition, justice is usually defined by natural law theorists as “giving each person his or her due,” what is requiredby natural rights, what is owed, earned, or deserved. But its applications fall short of reality. It raises other questions. How does one person get another to give him what is “his due”? How are duties and claims entailed by natural rights enforced in practice? The notionof transforming justice attempts to answer these questions. (shrink)

Legitimate states have a general right to control their borders and decide who to admit as future citizens. Such decisions, however, are constrained by principles of justice. But which principles? To answer this we have to analyse the multifaceted relationships that may hold between states and prospective immigrants, distinguishing on the one hand between those who are either inside or outside the state’s territory, and on the other between refugees, economic migrants and ‘particularity claimants’. The claims of refugees, (...) stemming from their human rights, are powerful though limited in scope: they hold against eligible states generally rather than the specific one to which they apply for asylum. Economic migrants cannot claim a right to be admitted as such, but only a right to have legitimate selection criteria applied to them. Particularity claimants, such as those seeking redress for harms inflicted on them or reward for the services they have rendered to the state, must show why awarding a right to enter is the appropriate response to their claims. Finally, does justice enable us to establish admission priorities between these different categories of migrants? (shrink)

Both articles in the November‐December 2021 issue of the Hastings Center Report reflect bioethics’ growing interest in questions of justice, or more generally, questions of how collective interests constrain individual interests. Hugh Desmond argues that human enhancement should be reconsidered in light of developments in the field of human evolution. Contemporary understandings in this area lead, he argues, to a new way of thinking about the ethics of enhancement—an approach that replaces personal autonomy with group benefit as the primary (...) criterion for deciding what enhancements are acceptable. In the second article, Johannes Kniess considers the many attempts within bioethics to draw on John Rawls's work to discuss health care access and social determinants of health, and he comes across as moderately optimistic that Rawls's theory of justice has ongoing relevance. (shrink)

This paper considers the social justice initiative of the Canadian Nurses Association (CNA). It focuses mainly on the two editions of the CNA's discussion document on social justice, and particularly on its emphasis on the principle of equity. The paper considers whether a coherent justification can be made for the CNA's espousal of equity, and the discussion focuses in turn on the principle of equity itself and on the CNA's position in relation to equity. A body of arguments (...) supporting an active moral role for professions, generally known as civic professionalism, provides a framework for exploring the CNA's role in this respect. Justifications for equity are explored in relation to the liberal‐contextualist spectrum, and civic professional arguments are subjected to the same structure of analysis. This is in turn related to evidence from the literature concerning nursing perceptions of equity. The paper concludes that contextualist justifications of equity and civic professionalism support one another more robustly than liberal justifications in relation to the CNA's initiative; and that they also sit more comfortably with the realities of the CNA's role in relation to nursing, and to the Canadian health care system. (shrink)

An investigation of some of the most contentious debates of our time, Galileo's Middle Finger describes Alice Dreger's experiences on the front lines of scientific controversy, where for two decades she has worked as an advocate for victims of unethical research while also defending the right of scientists to pursue challenging research into human identities. Dreger's own attempts to reconcile academic freedom with the pursuit of justice grew out of her research into the treatment of people born intersex (formerly (...) called hermaphrodites). The shocking history of surgical mutilation and ethical abuses conducted in the name of "normalizing" intersex children moved her to become a patient rights' activist. By bringing evidence to physicians and the public, she helped change the medical system. But even as she worked to correct these injustices, Dreger began to witness how some fellow liberal activists, motivated by identity politics, were employing lies and personal attacks to silence scientists whose data revealed inconvenient truths. Troubled, she traveled around the country digging up sources and interviewing the targets of these politically motivated campaigns. Among the subjects she covers in the book are the anthropologist Napoleon Chagnon, falsely accused in a bestselling book of committing genocide against a South American tribe; the psychologist Michael Bailey, accused of abusing transgender women; and the evolutionary biologist E. O. Wilson, accused of fomenting rightwing ideas about human nature. Galileo's Middle Finger describes Dreger's long and harrowing journey back and forth between the two camps for which she felt equal empathy: social justice warriors and researchers determined to put truth before politics. (shrink)

If someone assaults you, should they get a milder penalty if they are rich than if they are poor? We wouldn't dream of passing a law that formalized such an arrangement. But the design of our legal systems in the US, UK, and elsewhere, which permits people with sufficient money to pay for better lawyers, means that wealth often does make a difference to legal outcomes. Justice, then, depends not only on the substance of the laws we pass, but (...) on the design of the system that administers and enforces them. Philosophers and legal theorists, however, have paid relatively little attention to what justice demands of the general design and structure of the legal system. Equal Justice argues among other things that market principles should not determine access to legal resources. If, for example, a large corporation sues a small startup, either the corporation has to use a law firm of the quality that the startup can afford or--which would be preferable, given the corporation's in-house lawyers--the startup would be given a subsidy to afford a top firm. The author builds on this core idea of equal access to resources to work out how the court system and the legal profession should be structured in order to ensure a generally just legal system. (shrink)

As inpatient nurses spend the majority of their work time caring for patients at the bedside, they are often firsthand witnesses to the devastating outcomes of inadequate preventive healthcare and structural injustices within current social systems. This experience should obligate inpatient nurses to be involved in meeting the social justice needs of their patients. Many nursing codes of ethics mandate some degree of involvement in the social justice needs of society, though how this is to be achieved is (...) not detailed in these general guidelines. Acknowledging an explicit obligation for inpatient nurses to address the social justice issues of their patients would facilitate better overall understanding of social justice issues and reduce preventable admissions. If implementation of such an obligation is done with care, having inpatient nurses participate in justice projects could also mitigate compassion fatigue, allow for better job satisfaction among these nurses, and provide a sense of revitalization in nurses’ role as health promoters. (shrink)

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the (...) lottery as a legal decision-making device has generally been underestimated. The very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality. The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery. (shrink)

This volume contributes to the ongoing interdisciplinary controversies about the moral, legal and political status of children and childhood. It comprises essays by scholars from different disciplinary backgrounds on diverse theoretical problems and public policy controversies that bear upon different facets of the life of children in contemporary liberal democracies. The book is divided into three major parts that are each organized around a common general theme. The first part (“Children and Childhood: Autonomy, Well-Being and Paternalism”) focusses on key (...) concepts of an ethics of childhood. Part two (“Justice for Children”) contains chapters that are concerned with the topics of justice for children and justice during childhood. The third part (“The Politics of Childhood”) deals with issues that concern the importance of `childhood´ as a historically contingent political category and its relevance for the justification and practical design of political processes and institutions that affect children and families. (shrink)