The compensatory desert argument is an argument that purports to justify inequalities in (some) incomes generated by a free labour market. It holds, first, that the principle of compensation is a principle of desert; second, that a distribution justified by a principle of desert is just; and third, that (some) rewards people reap on a free labour market are compensation for costs they incur. It concludes that therefore, a distribution of (some) rewards generated by a free labour market is just. (...) In this chapter I criticise the first two premises of this argument. I argue that the principle of compensation is not a principle of desert (sections 3 and 4), and that a distribution of deserved compensatory payments may be unjust (sections 5 and 6). Before developing my critique of the compensatory desert argument, I start by illustrating further that argument in the version of it which has been defended by Julian Lamont (section 1), and to dispel two objections that have been moved against the view that compensation is a principle of desert. (shrink)

Does justice require that individuals get what they deserve? Serena Olsaretti brings together new essays by leading moral and political philosophers examining the relation between desert and justice; they also illuminate the nature of distributive justice, and the relationship between desert and other values, such as equality and responsibility.

Contemporary egalitarian theories of justice constrain the demands of equality by responsibility, and do not view as unjust inequalities that are traceable to individuals' choices. This paper argues that, in order to make non-arbitrary determinate judgements of responsibility, any theory of justice needs a principle of stakes , that is, an account of what consequences choices should have. The paper also argues that the principles of stakes seemingly presupposed by egalitarians are implausible, and that adopting alternative principles of stakes amounts (...) to fleshing out the demands of responsibility rather than imposing limits on them. (shrink)

Drawing from extensive, eye-opening first-person accounts, No Refuge puts a spotlight on the millions of refugees worldwide who have to leave home but find nowhere to resettle. As political philosopher Serena Parekh argues, this is not just a problem for politicians. Citizens also have a moral duty to help resolve the global refugee crisis and to end the suffering and denial of human rights that refugee are forced to endure, often for years. While the media usually focus on the (...) challenges that Western states have with the arrival of large numbers of asylum seekers and refugees, the real problem is that millions are stuck in inhumane conditions in refugee camps and urban centers, with little chance of finding a more permanent solution. Grounded in powerful testimony from refugees and meticulous research on the conditions in which so many suffer worldwide, No Refuge shows why, as states but also as citizens, we cannot afford to wait any longer to end this crisis. (shrink)

In this paper, I argue that there is a philosophical basis for the claim that states can be held responsible for structural injustices such as gender discrimination and violence—a claim that has been made in international human rights documents, but one that has not gained much normative force. To show this, I draw on and develop Iris Young's notion of “political responsibility.” The purpose of political responsibility is not to find fault or blame the state for a past wrong, but (...) to encourage the state to make things more just in the future. I argue that the state is able to take responsibility in this sense and can discharge the duty of political responsibility in a more systematic way than individuals can. Further, I show that taking political responsibility would entail changing how states think about their human rights obligations. Rather than focusing on cataloguing abuses, states would be required to work toward changing conditions so that human rights violations are less likely to occur in the future. Consequently, I show that it does make sense to say that the state can be held accountable for structural injustices that lead to women's human rights violations. (shrink)

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never (...) be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. (shrink)

Are inequalities of income created by the free market just? In this book Serena Olsaretti examines two main arguments that justify those inequalities: the first claims that they are just because they are deserved, and the second claims that they are just because they are what free individuals are entitled to. Both these arguments purport to show, in different ways, that giving responsible individuals their due requires that free market inequalities in incomes be allowed. Olsaretti argues, however, that neither (...) argument is successful, and shows that when we examine closely the principle of desert and the notions of liberty and choice invoked by defenders of the free market, it appears that a conception of justice that would accommodate these notions, far from supporting free market inequalities, calls for their elimination. Her book will be of interest to a wide range of readers in political philosophy, political theory and normative economics. (shrink)

Background: Moral distress, defined as moral suffering or a psychological imbalance, can affect nursing students. However, many new instruments or adaptations of other scales that are typically used to measure moral distress have not been used for nursing students. Aim: This study aimed to translate, culturally adapt and evaluate the psychometric properties of an Italian version of the Moral Distress Scale for Nursing Students (It-ESMEE) for use with delayed nursing students (students who could not graduate on time or failed the (...) exams necessary to progress to the next level). Research design: The study used a cross-sectional research design. Participants and research context: Incidental sampling resulted in a sample of 282 delayed nursing students (mean age = 26.73 ± 4.43 years, 73% female) enrolled between May and August 2020 in a University of central Italy. Ethical considerations: The research protocol was approved by the internal review board of the university, and all participants provided their written informed consent. Results: The study confirmed a multidimensional second-order factorial structure for the It-ESMEE with five dimensions: improper institutional conditions to teach user care, authoritarian teaching practices, disrespect for the ethical dimension of vocational training, lack of competence of the teacher and commitment of ethical dimension of user care. The internal consistency was high (0.753–0.990 across the factors), and the standard error of measurement and smallest detectable change were adequate. Discussion: The It-ESMEE is able to assess moral distress in delayed nursing students with good validity and reliability. It can be used in research and to determine moral distress levels, helping teachers to monitor the condition in nursing students. Conclusion: This instrument can help in comprehending moral distress, enabling students to develop coping and intervention strategies to maintain their well-being, and to ensure the quality of nurse education. (shrink)

The pharmaceutical industry plays an increasingly dominant role in healthcare, raising concerns about “conflicts of interest” on the part of the medical professionals who interact with the industry. However, there is considerable disagreement over the extent to which COI is a problem and how it should be managed. Participants in debates about COI have become entrenched in their views, which is both unproductive and deeply confusing for the majority of medical professionals trying to work in an increasingly commercialized environment. We (...) used a modified meta-narrative review method to analyse debates about COI in the academic and grey literature. We found two Discourse Models: The Critical Discourse Model sees COI in health and biomedicine as a major problem that both can and should be addressed, while the Defensive Discourse Model argues that current efforts to control COIs are at best unnecessary and at worst harmful. Each model is underpinned by profoundly differing views about how society should be organized—in particular whether market forces should be encouraged or curtailed—and how the dangers associated with market forces should be managed. In order to make any headway, academics and policymakers must recognize that these debates are underpinned by profoundly differing worldviews. (shrink)

Argumentation is a mechanism to support different forms of reasoning such as decision making and persuasion and always cast under the light of critical thinking. In the latest years, several comput...

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper offers some commentaries on papers drawn from the Journal’s third decade. They indicate a major shift within Artificial Intelligence, both generally and in AI and Law: away from symbolic techniques to those based on Machine Learning approaches, especially those based on Natural Language texts rather than feature sets. Eight papers are discussed: two concern the management and use of documents available on the World Wide Web, (...) and six apply machine learning techniques to a variety of legal applications. (shrink)

Following Jean-Marc Besse’s identification of landscape as a dynamic, changing, relational and ‘emergent’ entity, I argue in this article that the artistic creative process is a way of ‘doing with’ landscape that fully embraces this peculiarity of landscape. The art of dance, in particular, makes it clear that it is the artist who creates a kind of mutual attraction between the (trans)formative forces of the landscape, suggesting its renewal and thus giving impetus to its metamorphic and transformative nature. Drawing on (...) Tonino Griffero’s neo-phenomenological approach to the characterisation of landscape as an atmosphere, i.e. as an emotional tonality effused in a ‘felt-bodily’ space, I emphasise the role of the affective dimension in the perception of landscape as something ‘to do with’ rather than ‘to act upon’ in artistic practice. To this end, I take as a case study Anna Halprin’s ‘exploratory’ dance, which focuses on fostering an individual and collective search for a harmonisation of the relationship between movement and emotion. Drawing on notions of the ‘felt body’, ‘atmospheric affordances’ and ‘ecstasies of things’, I analyse the role that her outdoor dance studio – designed by landscape architect Lawrence Halprin – plays in placing the creative process at the centre of dance’s very specific way of ‘doing with’ the landscape. (shrink)

The aim of this paper is to present the activities and research methodologies of CTL, a laboratory of the Scuola Normale Superiore of Pisa, founded and directed by Lina Bolzoni. CTL’s objective is to investigate the complex structure of relationships between the linguistic and the figurative code in literary tradition, paying particular attention to the XVth, XVIth and XVIIth centuries and using information technologies both as an auxiliary research tool and as a medium for scientific dissemination. Here I shall be (...) discussing the Centre’s digitalization projects, and in particular the project concerned with the Orlando Furioso and its remediation into images. This project, active since 2007, is, I believe, particularly representative of the progressive implementation within CTL of both traditional and computer-related methodologies in the planning of digital collections dedicated to words and images. (shrink)

Los encuentros de los europeos con los indios de América plantearon, a través de las crónicas de viajes, la revocación de tradicionales hipótesis filosóficas sobre los primitivos y los gigantes y la emergencia de la cuestión sobre la noción de "diferencia" entre culturas, así como la necesidad de unos nuevos principios de la historia. Reflexiones todas ellas precisas sobre el problema de la experiencia y su sentido en la Scienza nuova , donde las dos ciencias de lo antiguo y de (...) lo moderno anudan las cuestiones de la experiencia y de su inteligibilidad. Los principios de la ciencia viquiana toman impulso de la etnografía amerindia, p.e. de Oviedo y de Acosta, y también de la Escolástica Española .When the Europeans met the American Indians, the travel chronicles gave rise firstly to a rejection of the traditional philosophical hypothesis which hitherto have been held on the primitives and the giants and secondly to the question related with the notion of "differences" between cultures and the want to defining new principles for historical inquiries. Those were reflections connected with the problem of experience and its meaning within the New Science in which both sciences, the ancient and the modern, bond together questions related with experience and its own rationality. The principles of the Vichian science may be traced back to the American-indian ethnography, from Oviedo or from Acosta, for example, or even from Spanish Scholastic movement. (shrink)

Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-two leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.

_Hannah Arendt and the Challenge of Modernity_ explores the theme of human rights in the work of Hannah Arendt. Parekh argues that Arendt's contribution to this debate has been largely ignored because she does not speak in the same terms as contemporary theoreticians of human rights. Beginning by examining Arendt’s critique of human rights, and the concept of "a right to have rights" with which she contrasts the traditional understanding of human rights, Parekh goes on to analyze some of the (...) tensions and paradoxes within the modern conception of human rights that Arendt brings to light, arguing that Arendt’s perspective must be understood as phenomenological and grounded in a notion of intersubjectivity that she develops in her readings of Kant and Socrates. (shrink)

Following Erika Fischer-Lichte’s notion of emergence as an unexpected phenome-non that questions the notion of agency, our aim is to investigate how dance emerges through movements that are spontaneous and yet learnt while not being reducible to a motor expertise. Through Hermann Schmitz’ theory of the felt body, and notions such as “kinaesthetic attention”, grace and “pure” presence, we will show how dance movements emerge from the mutual “affective” influence be-tween dancers and the surroundings thanks to dancers’ “pathic” state between (...) awareness and unconsciousness, laîcher prise and restraint. (shrink)

Raises the radical question of how Dante’s understanding of poetry shaped his theology, his ethics, and, more generally his sense of the organization of knowledge or encyclopedia.

This paper is an exploration of the role of conscience in the justification of human rights. I argue that in both the western tradition of natural rights and the non-western traditions, human rights are justified, in part, because of their appeal to conscience, and not simply because they issue from a divine source or are based on reason. In contrast, contemporary justifications of human rights primarily look for an objective foundation or simply assert the pragmatic importance of human rights as (...) their justification. While there are distinct advantages to this way of arguing, there are also problems, which I will discuss. As an alternative, I outline Arendt's understanding of conscience as the ability to be with and think with one's self as a secular alternative to both a non-secular version of conscience, and the denial of conscience implicit in contemporary theories. Her view of political judgment helps us to understand how conscience can be understood as subjective but not arbitrary. This paper brings Arendt's insights on conscience and judgment to bear on contemporary discourses of human rights. (shrink)

Several widely publicized incidents of academic research misconduct, combined with the politicization of the role of science in public health and policy discourse (e.g., COVID, immunizations) threaten to undermine faith in the integrity of empirical research. Researchers often maintain that peer-review and study replication allow the field to self-police and self-correct; however, stark disparities between official reports of academic research misconduct and self-reports of academic researchers, specifically with regard to data fabrication, belie this argument. Further, systemic imperatives in academic settings (...) often incentivize institutional responses that focus on minimizing reputational harm rather than the impact of fabricated data on the integrity of extant and future research. (shrink)

Xavier Le Roy’s performance Self-Unfinished is emblematic of how contemporary dance’s resistance to the submission of the body to a codified ideal body model manifests itself through the staging of bodies “beyond codes”, i.e., bodies that take surprising, sometimes even apparently “monstrous” shapes. The purpose of this article is to investigate the “monstrosity” of Self-Unfinished and to sketch out an analysis of it following Hermann Schmitz's theory of the Leib and Tonino Griffero’s account on atmospheres.