In this essay it will be argued that if preferential treatment for individuals who have suffered from past discrimination is permissible in any context, it should be extended to the allocation of scarce medical resources. This contention will be based on two facts: one, that health care, in particular certain life-saving operations, constitutes a scarce social good similar to but more important than other social goods such as desirable jobs and positions in desirable professional schools; secondly, that a (...) claim can plausibly be made that the greater incidence of death due to heart disease among blacks is a result of the effect of past discrimination. In addition, an argument to the effect that preferential treatment is indeed permissible will be sketched that is based upon a critique of the decision in the Bakke case. (shrink)

The new lesson for banking sector came on March 10th 2023, when the bank, which had $212bn of assets, failed with spectacular speed, making it the biggest lender to collapse since the global financial crisis of 2007–2009. By loading up on long-term bonds, Silicon Valley Bank (SVB) had taken an enormous unhedged bet on interest rates staying low. That bet went wrong, leaving the bank insolvent. The analysis of selected reports, data in conjunction with the analysis of financial documents are (...) to indicate the areas of threats related to the privileged treatment of government bonds in banks’ balance statements. As a result of the analysis, the negative consequences of the accumulation of government bonds in banks’ balance sheets and their preferential treatment as zero-riskand background of series of events unfavorable for the bank were indicated. The collapse has been presented as an example of a misguided strategy. The new reality teaches that safe securities, such as government bonds, can no longer be considered as safe. The result of the analysis is to show the possibility of the prediction of not enough liquid assets to satisfy deposit withdrawals and confluence of events caused higher risk. (shrink)

These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups.

In this paper I analyze the nature of groups and collective actions, focusing primarily upon those groups that do not possess either a formal organizational structure or formalized decision procedures. I argue that the unity relation for all groups is a common interest and that the existence of this common interest makes even informal groups specific and enduring entities which can act and be acted upon.In light of this discussion, I proceed to examíne the issue of affirmative action programs and (...) policies of preferential treatment. I argue that by utilizing my theory of groups the most serious objections to such policies --- viz., that they unjustly discriminate against innocent and arbitrarily selected white males in favor of undeserving and arbitrarily selected African Americans and women --- are shown not to be applicable. These objections depend upon reducing groups to their constituent individuals whereas I maintain that some groups ought to be treated as entities themselves. (shrink)

In this paper I criticize the claim that fair trade entails a commitment to an ideal of formal equality according to which all members of the trade regime are to receive and offer equal, or uniform, treatment. I first elaborate on the idea of formal equality and its rationales, identify several positive arguments for departing from formal equality, and respond to a number of objections to “special and differential treatment” for poor countries. I then consider in more detail (...) one specific element of formal equality in the trade regime, namely, the principle of reciprocity. Several distinct reciprocity principles are identified, none of which, I argue, should be regarded as a requirement of fairness. Next I consider a more recent interpretation of formal equality that requires trading countries to “harmonize” domestic laws and policies. I argue that harmonization is not required by fairness. (shrink)

We investigate how social comparison processes in leader treatment quality impact group members’ self-worth, affect, and behavior. Evidences from the field and the laboratory suggest that employees who are treated kinder and more considerate than their fellow group members experience more self-worth and positive affect. Moreover, the greater positive self-implications of preferentially treated group members motivate them more strongly to comply with norms and to engage in tasks that benefit the group. These findings suggest that leaders face an ethical (...) trade-off between satisfying the moral standard of treating everybody equally well and satisfying individual group members’ desire to be treated better than others. (shrink)

s This paper reports studies designed to examine perceptions of preferential selection. Subjects evaluated the fairness of hypothetical cases of selection decisions based on either candidate sex or ethnic origin. A within-subjects design and a between-subjects design yielded convergent results showing that (1) preferential selection was perceived as unfair, irrespective of respondent sex or the basis for the preferential treatment (i.e., candidate sex or ethnic origin), (2) the level of perceived injustice was directly related to the (...) discrepancy in merits between the successful minority candidate and the more qualified yet unsuccessful majority candidate, and (3) the provision of either an ethical or legislative justification for the selection decisions further exacerbated feelings of injustice. Possible interpretations for the findings and practical implications of the study were then discussed. (shrink)

In emergency situations and while medical resources are sufficient, doctors are expected to prioritize and treat patients according to medical criteria only. In MASSCAL situations and when medical resources become insufficient, patient selection and prioritization changes. Rules of triage are applied with the aim of getting the best result possible under the circumstances, e.g., saving the largest number; collective health outweighs individual health. Still, according to the standard ethical principles, non-medical criteria should never influence the doctors’ decision of who will (...) be treated. In military contexts, so-called medical rules of eligibility (MROE) provide rules that include non-medical criteria. This chapter aims to analyze if, why, and under what circumstances it may be ethically acceptable to prioritize patients according to non-medical criteria. (shrink)

For many centuries, moral theologians devoted significant attention to the significance of honor and fama, yet this extensive inheritance sparked little sustained analysis in the second half of the twentieth century. One particular challenge for a renewed theology of reputation concerns its consistency with a preferential option for the poor. Marginalized persons are often the victims of traditional offenses against fama, especially rash judgment, slander, and insult. Bad reputation poses a significant barrier to their social participation. The strengths and (...) weaknesses of Catholic approaches to fama become clear when one considers them in light of the circumstances of the disadvantaged. Catholic moral theology should thus revisit and revise its treatments of reputation in light of a commitment to the preferential option for the poor. (shrink)

In Grutter, preferential treatment was held to be Constitutional on the basis of the contribution of “diverse” students to the education of their classmates. An implicit assumption in this argument, at least given how schools such as Michigan have interpreted it, is that the contribution involves making it more likely that the other students adopt the beliefs (or perspective) of the minorities. Three beliefs seem relevant here: justice is concerned with equality, racial and ethnic minorities are currently treated (...) unequally, and the state has a mandate to combat this type of injustice. I argued that the first two beliefs are likely false and that in any case they are already well represented on campuses. If my arguments succeed, then this narrow experiential diversity argument is incapable of establishing the moral permissibility, let alone Constitutionality, of these programs. A broader consequentialist argument may avoid this objection but only at the extent of introducing Constitutionally irrelevant considerations. (shrink)

Carl Cohen’s and James Sterba’s debate is an impressive discussion of the legality and morality of various types of affirmative action and a must read for researchers in this field. These two issues bifurcate. The legality of preferential treatment consists of two different issues: Is preferential treatment Constitutional? Does preferential treatment violate laws other than the Constitution? The morality of preferential treatment also consists of two issues: Is preferential treatment right? (...) Is it good? The discussion in this book is wide-ranging and the authors provide a fascinating set of legal and empirical arguments that are a nice complement to the moral arguments that underlie their positions on affirmative action. The only problem with the book is that the moral arguments are somewhat abbreviated. In summary, the debate between Cohen and Sterba is insightful, well researched, and worth reading. Their legal arguments are particularly interesting. In the end, however, neither Cohen nor Sterba provide a plausible argument with regard to whether preferential treatment has effects that make it worth pursuing. Nor does either provide a strong moral case for or against preferential treatment as compensation. (shrink)

Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to hose persons who, through their abilities, will benefit most from them. Second, he (...) argues that, in the case of slavery, past injustice – where both the victims and perpetrators are long dead – cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person’s existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed. (shrink)

Bribing doctors for preferential treatment is rampant in the healthcare system of developing countries like Vietnam. Although bribery raises the out-of-pocket expenditures of patients, it is so common to be deemed an “envelope culture.” Given the little understanding of the underlying mechanism of the culture, this study employed the mindsponge theory for reasoning the mental processes of both patients and doctors for why they embrace the “envelope culture” and used the Bayesian Mindsponge Framework (BMF) analytics to validate our (...) reasoning. Analyzing responses from 1042 Vietnamese patients, we discovered that bribing doctors can help patients reduce the destitution risk induced by treatment. Such effect of doctor bribery remains consistent among patients that have to pay high daily costs (e.g., accommodation and subsistence fees) regardless of their employment status. Nevertheless, for patients with no or unstable jobs, their risks of destitution increase if they have to pay more thank-you money. These findings suggest that doctor bribery is an adaptive strategy for patients in an environment where the healthcare supply cannot meet the actual demand. Moreover, healthcare equity is greatly exacerbated due to the envelope culture, as vulnerable individuals are exposed to a greater threat of poverty. At the same time, those with good economic conditions get preferential treatment by paying a higher amount of thank-you money. Healthcare workers’ ethics must be the top priority for an equitable and proper healthcare system. (shrink)

Obstructive sleep apnea (OSA) severely impacts sleep and has long-term health consequences. Treating sleep apnea with continuous positive airway pressure (CPAP) not only relieves obstructed breathing, but also improves sleep. CPAP improves sleep by reducing apnea-induced awakenings. CPAP may also improve sleep by enhancing features of sleep architecture assessed with electroencephalography (EEG) that maximize sleep depth and neuronal homeostasis, such as the slow oscillation and spindle EEG activity, and by reducing neurophysiological arousal during sleep (i.e., beta EEG activity). We examined (...) cross-sectional differences in quantitative EEG characteristics of sleep, assessed with power spectral analysis, in 29 adults with type 2 diabetes treated with CPAP and 24 adults undergoing SHAM CPAP treatment (total n = 53). We then examined changes in spectral characteristics of sleep as the SHAM group crossed over to active CPAP treatment (n = 19). Polysomnography (PSG) from the CPAP titration night was used for the current analyses. Analyses focused on EEG frequencies associated with sleep maintenance and arousal. These included the slow oscillation (0.5–1 Hz), sigma activity (12–16 Hz, spindle activity), and beta activity (16–20 Hz) in F3, F4, C3, and C4 EEG channels. Whole night non-rapid eye movement (NREM) sleep and the first period of NREM spectral activity were examined. Age and sex were included as covariates. There were no group differences between CPAP and SHAM in spectral characteristics of sleep architecture. However, SHAM cross-over to active CPAP was associated with an increase in relative 12–16 Hz sigma activity across the whole night and a decrease in average beta activity across the whole night. Relative slow oscillation power within the first NREM period decreased with CPAP, particularly for frontal channels. Sigma and beta activity effects did not differ by channel. These findings suggest that CPAP may preferentially enhance spindle activity and mitigate neurophysiological arousal. These findings inform the neurophysiological mechanisms of improved sleep with CPAP and the utility of quantitative EEG measures of sleep as a treatment probe of improvements in neurological and physical health with CPAP. (shrink)

We examine metonymy at psycho- and neurolinguistic levels, seeking to adjudicate between two possible processing implementations. We compare highly conventionalized systematic metonymy to lesser-conventionalized circumstantial metonymy. Whereas these two metonymy types differ in terms of contextual demands, they each reveal a similar dependency between the named and intended conceptual entities. We reason that if each metonymy yields a distinct processing time course and substantially non-overlapping preferential localization pattern, it would not only support a two-mechanism view but would suggest that (...) conventionalization acts as a linguistic categorizer. By contrast, a similar behavior in time course and localization would support a one-mechanism view and the inference that conventionalization acts instead as a modulator of contextual felicitousness, and that differences in interpretation introduced by conventionalization are of degree, not of kind. Results from three paradigms: self-paced reading, event-related potentials, and functional magnetic resonance imaging, reveal the following: no main effect by condition for either metonymy type immediately after the metonymy trigger, and a main effect for only the Circumstantial metonymy one word post-trigger ; a N400 effect across metonymy types and a late positivity for Circumstantial metonymy ; and a highly overlapping activation connecting the left ventrolateral prefrontal cortex and the left dorsolateral prefrontal cortex. Altogether, the pattern observed does not reach the threshold required to justify a two-mechanism system. Instead, the pattern is more naturally understood as resulting from the implementation of a generalized referential dependency mechanism, modulated by degree of context dependence/conventionalization, thus supporting architectures of language whereby “lexical” and “pragmatic” meaning relations are encoded along a cline of contextual underspecification. (shrink)

Imagine that Bloggs is faced with a choice between giving a benefit to his child, or a slightly greater benefit to a complete stranger. The benefit is whatever the child or the stranger can buy for $100 — Bloggs has $100 to give away — and it just so happens that the stranger would buy something from which he would gain a slightly greater benefit than would Bloggs's child. Let's stipulate that Bloggs believes this to be, and let's stipulate, as (...) well, that he believes that the consequences of his actions are otherwise identical. He chooses to give the benefit to his child. What do we learn about Bloggs from his choice? We learn that Bloggs cares more about his child than he does about complete strangers. Nor is anyone likely to be surprised by this, for it just goes to show that he is much like the rest of us. He gives preferential treatment to his nearest and dearest when he acts, those with whom he has a special relationship, much as we do. (shrink)

Some philosophers argue that the state and its citizens stand in a morally privileged position vis-à-vis one another but not towards other states or citizens. However, many of those people, particularly philosophical liberals, also hold that morally insignificant differences, such as place of birth, sex, or ethnicity, should not affects rights, liberties, and life prospects. On the face of it, these two sets of ideas appear incompatible and point to a conflict in some liberal thought. Liberal philosophers, like John Rawls, (...) have attempted to reconcile these conflicting ideas. His attempt has attracted a great deal of criticism, especially from those liberals attracted to a more cosmopolitan point of view. In this paper, we use Aristotelian virtue ethics as the basis upon which to reconcile liberalism and patriotism. We argue that the state should be understood as an agent that stands in a special relationship to its citizens (of philia). The state’s virtue depends, in part, on it giving those citizens preferential treatment with regard to justice compared to citizens of other countries. Similarly, if the citizen is to be just in her relations with her own state, she must behave in special ways towards that state as compared to other states. Certain forms of justice only arise in relationships of particular kinds. (shrink)

The traditional problems of epistemology have often been thought to be properly solved only by the provision of an argument, with premises justified by rational intuition and introspection, for the probable truth of our beliefs in the problematic domains. Following the lead of Thomas Reid, a sizable number of contemporary epistemologists, including many proponents of so-called "Reformed epistemology" regarding religious belief, reject as arbitrary the preferential treatment of reason and introspection implicit in the traditional view of the problems. (...) These "Reidians" insist that the traditional problems cannot be solved in the expected manner, but they go on to suggest that this result is of little significance because similar skeptical questions can be raised regarding a priori and introspective justification. After making clear the significance of the Reidian objection, I endeavor to defend the traditional preference for rational intuition over our other sources of belief by demonstrating that the usual skeptical worries cannot be equally raised against a priori justification. Then, after a brief consideration of some unduly neglected passages in Reid's writings in which he appears to concede that the traditional partiality to reason and introspection is not, in fact, arbitrary, I argue that it is the Reidians who are guilty of arbitrary partiality. (shrink)

Human communication is multi-modal. It is an empirical fact that many of our acts of communication exploit a variety of means to make our communicative intentions recognisable. Scholars readily distinguish between verbal and non-verbal means of communication, and very often they deal with them separately. So it is that a great number of semanticists and pragmaticists give verbal communication preferential treatment. The non-verbal aspects of an act of communication are treated as if they were not underlain by communicative (...) intentions. They are “relegated” to mere aspects of the context. However, several schools of thoughts have a different take on the issue. Thus psychologists or semioticians of gesture have shown how intricately gestures and speech are related in utterances. And, in a different area of the theoretical landscape, so-called “Relevance Theorists” have made the same point. Thus, Robyn Carston writes that “the domain of pragmatics is a natural class of environmental phenomena, that of ostensive stimuli; verbal utterances are the central case, but not the only one, and they themselves are frequently accompanied by other ostensive gestures of the face, hands, voice etc, all of which have to be interpreted together if one is to correctly infer what is being communicated”. This position rests on the assumption that there is a single “pragmatic system” or module at work in the interpretation of “ostensive stimuli”. When it comes to interpreting verbal stimuli, the same mechanisms and resources are used as when it comes to processing non-verbal ones. If there is no distinct “linguistic pragmatic system”, then the scholar who studies communication should not favour the verbal at the expense of the non-verbal. In this paper, I want to make a contribution to the study of multi-modal messages by considering a type of utterances that mix the verbal with the non-verbal in such a way that a piece of non-linguistic communication seems to stand in for a linguistic constituent which remains unrealised. Here is a real-life example : I didn't see the [IMITATION OF FRIGHTENING GRUMPINESS] woman today; will she be back this week? The square-bracketed string in small capitals is meant to capture the facial expressions and gestures performed in the conversational setting. What is intriguing here is that this instance of ostensive mimicry does not come as a mere complement to some linguistic stimulus; it appears to take the place of that stimulus. I shall try to show that a linguistic analysis can indeed be offered for cases like – though, I believe, without succumbing to the pro-linguistic bias that Carston warns against. I will, however, argue against an ellipsis-based account : the structure of sentence does not contain an unrealised adjective phrase. Instead, I shall defend a ‘syntactic-recruitment' account. (shrink)

This article is about the justifiability of accepting worse cost effectiveness for orphan drugs, that is, treatments for rare diseases, in a publicly financed health care system. Recently, three arguments have been presented that may be used in favour of exceptionally advantageous economic terms for orphan drugs. These arguments share the common feature of all referring to considerations of justice or fairness: the argument of the irrelevance of group size, the argument from the principle of need, and the argument of (...) identifiability. It is argued that all of these arguments fail to support the conclusion that orphan drugs should be subsidized to a larger extent than treatments for common diseases. The argument of the irrelevance fails to distinguish between directly and indirectly relevant considerations of fairness or justice. The recent attempt to revive the moral relevance of identifiability has provided no novel reasons to think that identifiability is morally relevant in itself or due to considerations of fairness and justice. The argument from the principle of need does not fail due to any inherent flaw in the principle as such. Rather, this principle can be interpreted in different ways, and none of these interpretations support exceptionally advantageous terms economically for treating rare diseases specifically. It is concluded that we are awaiting justice based reasons for the preferential treatment of orphan drugs. (shrink)

A cross-cultural empirical study is reported in this article which looks at ethical beliefs and behaviours among French and German managers, and compares this with previous studies of U.S. and Israeli managers using a similar questionnaire. Comparisons are made between what managers say they believe, and what they do, between managers and their peers' attitudes and behaviours, and between perceived top management attitudes and the existence of company policy. In the latter, significant differences are found by national ownership of the (...) company rather than the country in which it is situated. Significant differences are found, for both individual managers by nationality, and for companies by nationality of parents, in the area of organizational loyalty. The attitude towards accepting gifts and favours in exchange for preferential treatment, as a measure of societal values, is also found to show significant differences between national groups. However, no significant differences are found for measures for group loyalty, conflict between organizational and group loyalty and for conflicts between self and group/organization. The findings have implications for cross-border management decision strategies regarding such issues as receiving and giving of gifts, and the management of relations between local employees and international organizations which may be affected by differences in attitude to corporate loyalty. (shrink)

This article argues that shareholder primacy cannot be defended on the grounds that there is something special about the position of shareholders that grounds a right to preferential treatment on part of management. The notions of property and contract, traditionally thought to ground such a right, are now widely recognized as incapable of playing that role. This leaves shareholder theorists with two options. They can either abandon the project of arguing for their view on broadly deontological grounds and (...) try to advance consequentialist arguments instead, or they can search for other morally relevant properties that could ground shareholder rights. The most sustained argument in the latter vein is Marcoux’s attempt to show that the vulnerability of shareholders mandates that managers are their fiduciaries. I show that this argument leads to the unacceptable conclusion that it would be unethical for corporations to make incomplete contracts with nonshareholding stakeholders. (shrink)

This study examined the impact of gender on perceptions of various business practices by male and female Russian managers. Female managers considered various activities such as doing personal business on company time, falsifying time/quality/quantity reports, padding an expense account more than 10 percent, calling in sick to take a day off, and pilfering organization materials and supplies more unethical than male managers. Female managers also perceived the acceptance of gifts and favors in exchange for preferential treatment more unethical (...) than male managers. (shrink)

This paper is a study of ethics – in practice. It examines how people in the world, and more particularly in rich countries, have responded to the ethical challenges associated with recent crises: climate change, COVID-19 and international migration. What has been the nature of the discourse? What international agreements have been made? Have they, in practice, been followed up? The evidence is that – in practice – nations, and by implication their citizens, have displayed very little obligation to those (...) beyond their boundaries. A few exceptions may, however, be noted; where citizens of ‘nearby’ countries receive preferential treatment. (shrink)

In this engaging and provocative book, Sher explores the normative moral and social problems that arise from living in a decidedly non-ideal world_a world that contains immorality, evil, and injustice, and in which resources are often inadequate. Sher confronts difficult issues surrounding preferential treatment and equal opportunity, compensatory justice and punishment, the allocation of goods, and moral compromise.

Discriminatory attitudes towards Muslim refugees are common in liberal democracies, and Muslim citizens of these countries experience high rates of discrimination and social exclusion. Uniting these two facts is the well-known phenomenon of Islamophobia. But the implications of overlapping discrimination against citizens and non-citizens have not been given sustained attention in the ethics of immigration literature. In this paper, I argue that liberal societies have not only duties to discontinue refugee policies that discriminate against social groups like Muslims, but remedial (...) duties to citizens who are in these social groups to adopt a more welcoming stance towards the groups that they are in. Further, I argue that a fitting way of adopting this more welcoming stance is to give refugees in these groups preferential treatment in asylum and resettlement. (shrink)

Many political theorists are multiculturalists. They believe that states ought to support and accommodate minority cultures, even if they disagree about when such support and accommodations are due and what forms they should take. In this contribution, I argue that multiculturalists have failed to notice an important objection against a wide range of multiculturalism policies. This objection is predicated on the notion that when states support and accommodate minority cultures, they should support and accommodate many subcultures and individualistic conceptions of (...) the good as well. However, since a significant proportion of multiculturalism policies imposes financial costs on society, it will often be prohibitively expensive for states to support and accommodate citizens’ subcultures and individualistic conceptions of the good on an equal basis. The result is that implementing such policies is likely to end up discriminating against certain groups, which might include e.g. fervent football fans, globe-trotters, mountain climbers, motor bikers, Hippies, and artists. I conclude by considering six reasons for giving preferential treatment to minority cultures that would allow multiculturalists to avoid this implication, which invoke, inter alia, the depth, duration, and involuntariness of cultural commitments; the role of culture in allowing people to live autonomously; and cultural rights to political self-determination. None are found to be convincing. (shrink)

Patterns of human kinship commonly involve preferential treatment of relatives based on lineal descent (lineages) rather than degree of genetic relatedness (kindreds), presenting a challenge for inclusive fitness theory. Here, we examine effects of lineage and kindred characteristics on reproductive success (RS) and number of grandchildren for 130 men and 124 women in a horticultural community on Dominica. Kindreds had little effect on fitness independently of lineage characteristics. Fitness increased with the number of lineal relatives residing in the (...) community but decreased beyond an apparently optimal lineage size, suggesting resource enhancement and competition among kin. Female-biased patrilineage sex ratio was positively associated with men’s fitness, while male-biased matrilineage sex ratio was positively associated with women’s fitness. Number of brothers in the community was negatively associated with men’s, but not women’s, fitness. Parents and number of sisters had no effect on either male or female reproduction; however, women with younger sisters had higher RS, suggesting benefits of kin support for childcare. In sum, imposed norms for lineage social organization may enhance lineal ancestors’ inclusive fitness at a cost to individual inclusive fitness. (shrink)

With populations aging worldwide, the need for appropriate and just public policy related to old age is critical. Elder law scholars can support the creation of such policy by advancing the theoretical understanding of the relationship between law and aging — understanding that can help policymakers identify and prioritize goals, and evaluate potential interventions. This Article aims to provide a framework for this work by distilling the core theoretical questions at the intersection of law and aging. It also challenges common (...) assumptions that could pose a barrier to developing a more robust theory of law and aging. Specifically, it argues that scholarship in this area will be most fruitful if it recognizes that the study and practice of “elder law” are intertwined but not a single unified field, that “preferential” treatment of older adults can be a form of discrimination, and that old age is not a universal human experience. (shrink)

A recent trend in scholarship argues that certain features of affirmative action logic, such as group identification, quotas, and preferential treatments would be contradictory to principles of individual merit, nondiscrimination, and personal achievement that were once advocated by Martin Luther King, jr. On the contrary this paper will argue that King’s authority may be understood to clearly support the emergence of affirmative action principles. Furthermore, King offered an ethical framework that may prove helpful in resolving many of the problems (...) that arise within an affirmative action environment, with special consideration given to gender. (shrink)

As a U.S. civil rights policy, affirmative action commonly denotes race-conscious and result-oriented efforts by private and public officials to correct the unequal distribution of economic opportunity and education attributed to slavery, segregation, poverty and racism. Opponents argue that affirmative action (1) violates ideals of color-blind public policies, offending moral principles of fairness and constitutional principles of equality and due process; (2) has proven to be socially and politically divisive; (3) has not made things better; (4) mainly benefits middle-class, wealthy (...) and foreign-born blacks; (4) stigmatizes its beneficiaries; and (5) compromises the self-esteem and self-respect of beneficiaries who know that they have been awarded preferential treatment. By way of a thought experiment, imagine that after decades of public policy and experimentation, the United States public finally came to agree: affirmative action is morally and legally wrong. Employing such a thought experiment, this essay by a beneficiary of affirmative action—written in response to James Sterba’s Affirmative Action for the Future (2009)—examines duties of moral repair and the possibility that the past beneficiaries of affirmative action owe apologies, compensation or some other highly personal form of corrective accountability. Beneficiaries of affirmative action have experienced woundedness and moral insecurity. Indeed, the practice of affirmative action comes with a psychology, a set of psychological benefits and burdens whose moral logic those of us who believe in our own fallibility—as much as we believe in the justice of what we have received and conferred on others—should address. (shrink)

Emergent technologies are undermining both decisional privacy (intimacy) and informational privacy. Regarding the former consider, e.g., technical intrusions on burglar alarms and telephone calls. Regarding the latter consider how routinely technologies enable intrusion into electronic data processing (EDP) in spite of government efforts to maintain control. These efforts are uneven among nations thus inviting selective choice of a data storage country. Deregulation of telecommunications and assigning operators First Amendment rights invites multiple efforts to profit from preferential treatment of (...) multiple competitors. (shrink)

The U.S. government embraces the concepts of privatization and market competition, but the realm of contracting shows that it has not always been able to put its principles into practice. Although the contracting system is supposed to be open and competitive, in recent years the government has often awarded contracts with little or no competitive bidding, has chosen to award mostly cost-plus type contracts that force the government to assume more of the risk, and lacked efficiency in monitoring and overseeing (...) private contractors. While the number and value of contracts have increased, the workforce to oversee these contracts has been reduced, preventing the government from adequately enforcing compliance with the contractors, and the government has not made use of past performance evaluations in its contracting system. Private contractors that do business with the U.S. government are for the most part well-established firms with ample resources and inside contacts; many contracts are still being awarded on preferential treatment and to the larger and well-established contractors. (shrink)

This paper is about the underlying logical principles of scientific theories. In particular, it concerns ex contradictione quodlibet (ECQ) the principle that anything follows from a contradiction. ECQ is valid according to classical logic, but invalid according to paraconsistent logics. Some advocates of paraconsistency claim that there are ‘real’ inconsistent theories that do not erupt with completely indiscriminate, absurd commitments. They take this as evidence in favor of paraconsistency. Michael (2016) calls this the non-triviality strategy (NTS). He argues that this (...) strategy fails in its purpose. I will show that Michael's criticism significantly over-reaches. The fundamental problem is that he places more of a burden on the advocate of paraconsistency than on the advocate of classical logic. The weaknesses in Michael's argument are symptomatic of this preferential treatment of one viewpoint in the debate over another. He does, however, make important observations that allow us to clarify some of the complexities involved in giving a logical reconstruction of a theory. I will argue that there are abductive arguments deserving of further consideration for the claim that paraconsistent logic offers the best explanation of the practice of inconsistent science. In this sense, the debate is still very much open. (shrink)

This study examined the impact of sex, age, and level of education on the perception of various business practices by managers of a large non-profit organization. Female managers perceived the acceptance of gifts and favors in exchange for preferential treatment significantly more unethical than male managers. Older managers (40 plus) perceived five practices significantly more unethical than younger managers (giving gifts/favors in exchange for preferential treatment, divulging confidential information, concealing ones error, falsifying reports, and calling in (...) sick to take a day off). The practice of padding expense account by over 10% was reported to be significantly more unethical by managers with a graduate degree. (shrink)

In this paper I consider and respond to two arguments against cosmopolitanism, the membership needs argument and the preferential treatment argument. I argue that if there are reasonable grounds for endorsing universal norms such as human rights, then there are no reasonable grounds for rejecting moral cosmopolitanism.

Most of us have two strong intuitions (or sets of intuitions) in relation to fairness in health care systems that are funded by public money, whether through taxation or compulsory insurance. The first intuition is that such a system has to treat patients (and other users) fairly, equitably, impartially, justly and without discrimination. The second intuition is that doctors, nurses and other health care professionals are allowed to, and may even in some cases be obligated to give preference to the (...) interests of their particular patients or clients over the interests of other patients or clients of the system. These two intuitions are in potential conflict. One of the most obvious ways in which to ensure impartiality in a health care system is to require impartiality of all actors in the system, i.e. to give health care professionals a duty to treat everyone impartially and to deny them the ‘right’ to give their patients preferential treatment. And one of the possible side-effects of allowing individual health care professionals to give preference to ‘their clients’ is to create inequality in health care. This paper explores the conflict and proposes that it can be right to give preference to ‘your’ patients in certain circumstances. (shrink)

The term ‘speciesism’ was once coined to name discrimination against nonhuman animals as well as the bias that such discrimination expresses. It has sparked a debate on criteria for being morally considerable and the relative significance of human and nonhuman animals’ interests. Many defenses of the preferential consideration of humans have come with a denial of the normative meaning of the term ‘speciesism’ itself. In fact, defenders of the moral relevance of species membership and their critics alike have often (...) used ‘speciesism’ as a merely descriptive technical term for classifying positions in normative ethics. This paper argues that this terminological choice severely impoverishes our ethical vocabulary and moral conceptual scheme. It obscures the considerable common ground among theorists with differing views on the relevance of various properties for moral consideration. It is often overlooked that even most defenders of the preferential treatment of one’s fellow species members have good reason to hold on to the normative notion that ‘speciesism’ was originally meant to be. Two distinct types of concepts are involved when differential treatment along species lines is addressed in a normative and a descriptive way, respectively. The term ‘speciesism’ should be reserved for the normative concept and kept apart from the descriptive term ‘speciescentrism.’ Attempts to redefine speciesism as something that is not wrong by definition are shown to be epistemically and morally harmful for the same reasons attempts to redefine racism and sexism in this way are. (shrink)

Affirmative Action is becoming the most controversial social issue of our day. In this essay I examine nine arguments on the moral status of Affirmative Action. I distinguish between weak Affirmative Action, which seeks to provide fair opportunity to all citizens from strong Affirmative Action, which enjoins preferential treatment to groups who have been underrepresented in social positions. I conclude that while weak Affirmative Action is morally required, strong Affirmative Action is morally wrong.