Corporations wield power in today’s economies, and political theories of the corporation argue about the legitimacy conditions of corporate power. This paper argues in favour of a double-fiduciary theory for corporations. Based on a concession theory of markets, it sees all markets as authorized by states (in the name of society), for the purpose of creating economic value, or wealth. Hence corporations, as much as non-incorporated firms, have a fiduciary duty to the state/society to create wealth, in the competitive structure (...) of the market. However, their pursuit of wealth often creates unbalanced relations of power between corporations and their stakeholders, which can at some point be classified as instances of domination. Therefore, corporations need to be subjected to a second fiduciary duty, i.e. not to dominate others in the economy. This duty is also, in the final instance, owed to the state/society. In an era when everyone can incorporate their business, states/societies can be interpreted as having, through corporate law, mandated shareholders as ‘proximate beneficiaries’, to incentivize corporations to create wealth. Now states/societies need to think about how to prevent corporations from dominating others. New mechanisms of accountability towards stakeholders and/or citizens as proximate beneficiaries are needed. Only in this way can corporations be effectively held to account for both of the fiduciary duties which characterize their normative status. (shrink)

Authors like Iris Young and Philip Pettit have come up with proposals for theorizing ‘structural injustice’ and social relations marred by ‘domination’. These authors provide conceptual tools for f...

What sort of entitlements should citizens have in a just society? In this book, Rutger Claassen sets out a theory of what he terms 'navigational agency', whereby citizens should be able to navigate freely between social practices. This shows how individuals can be at the same time free and autonomous in striving for their own goals in life, but also embedded in social practices in which they have to cooperate with others. He argues that for navigational agency, people need (...) three sets of core capabilities: those which allow human empowerment in civil society, a decent level of socio-economic subsistence, and political participation in democratic decision-making procedures. The idea of navigational agency, the book argues, provides an alternative to currently dominant versions of the capability approach to social justice, and strengthens its liberal foundations. (shrink)

A capability approach prescribes paternalist government actions to the extent that it requires the promotion of specific functionings, instead of the corresponding capabilities. Capability theorists have argued that their theories do not have much of these paternalist implications, since promoting capabilities will be the rule, promoting functionings the exception. This paper critically surveys that claim. From a close investigation of Nussbaum's statements about these exceptions, it derives a framework of five categories of functionings promotion that are more or less unavoidable (...) in a capability theory. It argues that some of these categories may have an expansionary dynamic; they may give rise to widespread functionings promotion, which would defeat the capabilitarian promise that paternalist interventions will be exceptions to the rule of a focus on capabilities. Finally, the paper discusses three further theoretical issues that will be decisive in holding this paternalist tendency in check: how high one sets threshold levels of capability protection, how lengthy one's list of basic capabilities is, and how one deals with individual responsibility for choices resulting in a loss of one's capabilities. (shrink)

In this paper we argue that liberal-egalitarian theorists of justice should take power, especially economic power, seriously and make it explicit. We argue that many theories of justice have left power implicit, relying on what we call the “primacy of politics” model as a background assumption. However, this model does not suffice to capture the power relations of today’s globalized world, in which the power of nation states has been reduced and material inequality has sky-rocketed. We suggest replacing it by (...) a “political economy” model that emphasizes the possibility of self-reinforcing cycles. Doing so has direct implications for how to theorize justice, not only on the non-ideal, but also on the ideal level. (shrink)

The 2008 global financial crisis raises ethical as much as financial questions. Moral outrage centered on the imbalance between banks profiting from excessive risk-taking in good times and taxpayers suffering the costs in bad times. The paper analyzes this imbalance in terms of ethical theory. It first develops a rights-based framework to answer questions about the moral obligations of states and banks towards each other. It then criticizes standard economic thinking, which de-moralizes the phenomenon of moral hazard. Moral hazard between (...) states and banks arises in a context that cannot be interpreted as normal economic contracting, but should rather be characterized as governed by an implicit social contract giving rise to moral obligations. (shrink)

Human beings are embedded in diverse social, cultural and political groups through which we make sense of our technologically mediated lived experience. This article seeks to reaffirm the postphenomenological subject as a primarily social subject. Critics maintain that the current postphenomenological framework does not adequately address the social, cultural and political context in which human-technology relations take place. In recent years, various additions to postphenomenology have been suggested in order to address this contextual deficit. In this article, I argue that (...) a return to the phenomenological roots of postphenomenology reveals underexamined analytical tools that allow for greater socio-cultural and political sensitivity. I take Don Ihde’s supposed macroperceptual and microperceptual divide as a point of departure in claiming that postphenomenology has too hastily turned away from the subject as primarily socially situated. I draw upon the phenomenological tradition, particularly the social phenomenology of Alfred Schutz, to develop a social postphenomenological approach. This approach is informed by the Schutzian notions of action, the stock of knowledge at hand and consociates. In the resulting account, the postphenomenological schema of _I—Technology—World_ is reconstrued as _We—Technology—World_. (shrink)

ABSTRACT:Demands have been growing upon firms to take actions in the interests of workers, the environment, local communities, and others. Firms sometimes have felt they could best discharge such responsibilities by cooperating with other firms. This, however, is suspect from the point of view of a purely economic interpretation of competition law, since interfirm agreements may raise prices and thus lower welfare for consumers. Should competition law remain focused on competition enhancing economic welfare, or be reformed to allow for acts (...) of cooperation that are socially beneficial? To answer this question, the article provides a philosophical reevaluation of the deep-seated view that firms are merely private actors. It argues that demands of political legitimacy should also be addressed at firms cooperating together, and that standard views of democratic accountability should be broadened, introducing a model of delegated, sequential decision making which allows regulatory agencies and parliaments to control interfirm agreements. (shrink)

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum-approach is too perfectionist and the Sen-approach is too proceduralist. This paper presents a third alternative: a substantive but non-perfectionist capability theory of justice. It (...) presents a two-level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

This paper discusses the question whether care work for dependent persons (children, the elderly, and disabled persons) may be entrusted to the market; that is, whether and to what extent there is a normative justification for the “commodification of care.” It first proposes a capability theory for care that raises two relevant demands: a basic capability for receiving care and a capability for giving care. Next it discusses and rejects two objections that aim to show that market-based care undermines the (...) caring motives essential to care, one of them because of its reliance on contracts and the other because of the corrupting influence of payment on motivation. If market care is in principle legitimate, the commodification question transforms into one about the appropriate combinations of market and non-market care. This question can be answered only by adding an additional complication: care is to be balanced against other activities, most notably work for the labor market. This brings in the problem of gender inequality, since paid work has been traditionally distributed to men and caring activities to women. I show how the capability theory of caring presented in this paper can help resolve the dispute between competing models for balancing work and caring. (shrink)

This contribution asks how to approach the question of whether the European Union should – replacing or supplementing member states – also be a locus of social justice‐based duties to provide welfare state services. The contribution scrutinizes two important theories of global justice (cosmopolitan and relational theories) and finds that their normative assumptions hinder them from adequately addressing this question. A new theory is proposed, inspired by Immanuel Kant's political philosophy. The core idea is that social justice requires public authorities (...) to protect citizens against private forms of coercion; and that the level (national, European, global) at which such authority needs to be exercised depends on which arrangement best protects citizens' rights to independence. The paper outlines several duties of global justice to give specificity to this general principle, and then applies them to the case of integrating European welfare states. (shrink)

There has been a remarkable shift in the relation between market and state responsibilities for public services like health care and education. While these services continue to be financed publicly, they are now often provided through the market. The main argument for this new institutional division of labor is economic: while (public) ends stay the same, (private) means are more efficient. Markets function as ‘mere means’ under the continued responsibility of the state. This paper investigates and rejects currently existing egalitarian (...) liberal theories about this division of labor and it presents and defends a new theory of marketization, in which social rights and democratic decision-making occupy center-stage. (shrink)

Journal of Social Philosophy, EarlyView.

The article discusses a fundamental problem that has to be faced if the general capability approach is to be developed in the direction of a theory of justice: the selection and justification of a list of capabilities. The democratic solution to this problem (defended by Amartya Sen) is to leave the selection of capabilities to a process of democratic deliberation, while the philosophical solution (defended by Martha Nussbaum) is to establish this list of capabilities as a matter of philosophical theory. (...) The article investigates the debate between these two different positions and argues in favour of the philosophical solution. First, it distinguishes political from epistemological reasons for (not) making capability lists. Second, it shows that the democratic position must incorporate at least some philosophical theorising in general and a theory of democracy in particular. Third, the article argues that the democratic position presupposes that the philosophical position will bypass the democratic process while actually it does not. The philosophical position is actually more respectful of democracy than the democratic position. Fourth, while philosophers may exercise caution and connect their capability lists to actual democratic debates and other empirical sources, this kind of epistemological virtue ironically may heighten the chance of receiving reproaches on the political level. (shrink)

Background: Giving money as a direct incentive for patients in exchange for depot medication has proved beneficial in some clinical cases in assertive outreach . However, ethical concerns around this practice have been raised, and will be analysed in more detail here.Method: Ethical concern voiced in a survey of all AO teams in England were analysed regarding their content. These were grouped into categories.Results: 53 of 70 team managers mentioned concerns, many of them serious and expressing a negative attitude towards (...) giving money for depot adherence. Four broad categories of ethical concern following Christensen’s concept were distinguished: valid consent and refusal , psychiatric paternalism , resource allocation , organisational relationships , with a residual category others and unspecified .Discussion: The main concerns identified are discussed on the background of existing ethical theories in healthcare and the specific problems of community mental health and AO. Points for practice are derived from this discussion. A way forward is outlined that includes informed consent and an operational policy in the use of incentives, further randomised controlled trials and qualitative studies, and continuing discussions with all stakeholders, especially service users. (shrink)

Set against the backdrop of the Babylonian Invasion and Exile, the Book of Jeremiah represents a variety of different perspectives on how to survive imperial domination. This article explores three competing visions that can be described in terms of the tension that exists between the pro-golah group that propagated life in Babylon, the anti-golah group that saw the hope for the future back home and the group of refugees who in the aftermath of the Mizpah massacre found themselves fleeing to (...) Egypt. In the current context of global migration, this article considers theological and ethical perspectives generated by the engagement with Jeremiah on home and homecoming in a context where there is no good option. (shrink)