This article analytically describes how the state of mainland China addresses the 'periphery syndrome' of education in its 'peripheral areas' of national minorities. It discusses the rationales, policies, implementations and results for the development of minority basic education. The examination of the 9-year compulsory schooling and the boarding school system for minority pupils suggests contradictions and mismatches between state policies and implementations. The article reveals educational, as well as geographical displacement of minority schooling, particularly the internationally little-known Tibetan (...) Schools and Classes that have been radically developed in the metropolises of Han majority. The dislocation of reform for minority basic education, especially the lack of cultural sensitivity, is further compounded by the ubiquitous practices of pupil tracking and school differentiation in the education system. The author concludes that the policy components of cultural responsiveness should be integrated in minority education development. (shrink)

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)

Abortion, euthanasia, racism, sexism, pater­nalism, the rights of children, the population explosion, and the dynamics of economic growth are examined in the light of ethical principles by leading philosophers in order to suggest reasonable judgments. Originally prepared for the distinguished Wayne Leys Memorial Lecture Series at Southern Illinois University, Carbondale, the essayists have addressed themselves to the most pressing ethical questions being asked today. William K. Frankena, Professor Emer­itus, University of Michigan, in “The Ethics of Respect for Life” argues for (...) a qualified view of moral respect for human personality. From his viewpoint it is always prima facie wrong to shorten or prevent human life, but not always actually wrong as other moral conditions may counter the presumed wrong. The late William T. Blackstone in “Zero Population Growth and Zero Economic Growth” contends that justice will require the production of the maximal level of goods to fulfill basic human needs com­patible with the avoidance of ecological catastrophe. Richard Wasserstrom, Professor of Phi­losophy at the University of California, Santa Cruz, proposes an assimilationist ideal in “Racism, Sexism, and Preferential Treat­ment.” Gerald Dworkin, Professor of Phi­losophy at the University of Illinois, Chicago Circle, dares to ask “Is More Choice Better than Less?” Joel Feinberg, Professor of Phi­losophy at the University of Arizona, in “The Child’s Right to an Open Future,” offers a defense of “rights-in-trust” of children. Tom L. Beauchamp, Professor of Philosophy and Senior Research Scholar at the Kennedy In­stitute-Center for Bioethics of Georgetown University, considers the paternalism used to justify social policies in the practice of medi­cine and insists that it invariably involves a conflict between the ethical principles of be­neficence and autonomy. (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)

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)

People respond to metaphors as much with regard to the emotions that they generate as to their referential, comparative contents. Interviews with non-geneticists about preferred metaphors for gene-environment interaction that illustrate this tendency are reported. These interviews also reveal the dynamic tendency of such emotional responses. A second set of interviews shows that lay people may preferentially use a metaphor of "virus" or "disease" for talking about genes, as opposed to the coding metaphors transmitted through the mass media and reportedly (...) preferred by geneticists. An explanation based on the differently situated emotions of these groups is proposed. It is proposed that the prominence of emotions in responding to genetics indicates the importance of incorporating analyses of emotions instead of simple principles into policy formulation about genetics. (shrink)

The "Ibercorp affair" was front-page news in Spain at various times between 1992 and 1995. In itself, there was nothing particularly new about it: a newly formed financial group engaged in legally and ethically reprehensible behaviour that eventually came to light in the media, ruining the company (and the careers of those involved). What aroused public interest at the time was the fact that it involved individuals connected with Spanish public and political life, the media and certain business circles. Above (...) all, it demonstrated the personal, economic, social and political consequences of a business culture based on the pursuit of easy profits at any price (what came to be known as the cultura del pelotazo or "culture of the fast buck"). Again, this is all too familiar in business ethics. But it served to goad Spanish society into a rejection of such behaviour. This article describes the facts and their ethical implications. (shrink)

Affirmative action refers to positive steps taken to hire persons from groups previously and presently discriminated against. Considerable evidence indicates that this discrimination is intractable and cannot be eliminated by the enforcement of laws. Numerical goals and quotas are justified if and only if they are necessary to overcome the discriminatory effects that could not otherwise be eliminated with reasonable efficiency. Many past as well as present policies are justified in this way.

With the increasingly serious employment situation in China, the government and schools encourage college students to start businesses to alleviate employment pressure. College student's successful entrepreneurship depends on national preferential policies, social support, and, most importantly, their healthy and solid psychological quality and entrepreneurial psychological quality. The purpose is to understand the entrepreneurial psychology of college students and study the entrepreneurial psychological effect. Firstly, the four aspects of entrepreneurial psychology are summarized, including entrepreneurial awareness, entrepreneurial volition, entrepreneurial ability, (...) and entrepreneurial personality. Secondly, the research status of college students' entrepreneurial psychology is reviewed, and the existing problems are pointed out. Thirdly, the combined model of wavelet transform and Neural Network is proposed, and the feasibility of the proposed model is evaluated through the analysis of college students' entrepreneurial psychology. The wavelet NN is used in experimental design to predict college students' entrepreneurial psychology, and the predicted results are compared with the actual value. From the perspective of the prediction results of entrepreneurial psychology, the combination of wavelet algorithm and neural network is more accurate for entrepreneurial psychology prediction and evaluation results of law students. Overall, the difference between the predicted value and the actual value is within 0.3 points, which is relatively stable. According to the analysis of single-factor results, the scores of students of different majors in the four dimensions of entrepreneurial psychology are all higher than 3.5, but there is no significant difference among the four dimensions, indicating that the major has no significant impact on entrepreneurial psychology; law students with different educational backgrounds have significant differences in entrepreneurial psychology, among which students with a master's degree have the strongest entrepreneurial will, while doctoral students have the lowest entrepreneurial will; in terms of entrepreneurial psychological capital, men's self-efficacy is higher than women's, and the difference is significant. The difference between males and females in the scores of entrepreneurial psychological factors' four aspects is not very obvious. In terms of entrepreneurial psychological capital, males' self-efficacy is significantly higher than females'. Artificial Intelligence technology has great application prospects in the prediction and evaluation of college students' entrepreneurial psychology, and college students' entrepreneurial psychology is highly correlated with gender and education. (shrink)

Affirmative action is often implemented as a way of making redress to victims of past injustices. But critics of this practice have launched a three-pronged assault against it. Firstly, they point out that beneficiaries of preferential policies tend not to benefit to the same extent as they were harmed by past injustices. Secondly, when its defenders point to the wider benefits of affirmative action , critics maintain that such ends could never be sufficiently weighty to permit violating equal (...) treatment. And, thirdly, critics dispute whether the alleged benefits of affirmative action really ensue. I argue this three-pronged assault is flawed at the conceptual level. Firstly, it operates with an impoverished conception of redress. When X wrongs Y, X does not make exhaustive redress to Y by compensating Y for the harm Y suffered due to X’s wrong action. Redress also requires rectification of the wrong: X must put right the wrong done to Y by making adequate amends. While the means of compensation are determined by the extent of the harm for which compensation is due, the adequacy of amends for a wrong is less tightly controlled by the nature of the wrong. So, secondly, it is perfectly right that the choice of amends be informed by the prospect of wider benefits. Whether, thirdly, these benefits are in fact in prospect in the case of affirmative action is an empirical question which philosophy cannot answer. (shrink)

Ovett Nwosimiri argues in a paper he published in 2021 that affirmative action and preferential hiring policies are no longer appropriate for South Africa because of the economic impact of the COVID-19 pandemic. The case he makes is that since COVID-19 has impacted people of all races, there should no longer be any consideration of race in hiring policies and practices. He claims that continued preferential hiring practices unfairly discriminate against non-designated groups. I argue that this (...) claim presumes that the pandemic has been a devastating but equalizing force in economic opportunity and participation for people in South Africa. I show that this claim is simply false and that the falsity of his claim undermines Nwosimiri’s case. Nwosimiri does not take account of the false premise his case is founded on because of his inappropriate methodological choice to ignore empirical evidence that has bearing on his argument. (shrink)

The civil rights movement has broken away from its religious roots which once provided it firm support and, indeed, it has become a threat to those roots. In fact, the past thirty years evidence two civil rights movements. The original civil rights movement promoted equal opportunity and presupposed a constrained vision of human possibilities compatible with Christianity, The revised civil rights agenda, which had replaced it by 1971, promoted preferential policies dubbed "affirmative action" based on an unconstrained vision (...) incompatible with both Christianity and the American founding. The most visible threat to religious liberty is the expansion of civil rights protections to include homosexuals despite the overwhelming rejection of homosexuality as a lifestyle by the majority of Americans, including Christians. (shrink)

Health care should be preferentially allocated to younger patients. This is just and is seen as just. Age is an objective factor in rationing decisions. The arguments against 'ageism' are answered. The effects of age on current methods of rationing are illustrated, and the practical applications of an age-related criterion are discussed. Ageist policies are in current use and open discussion of them is advocated.

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)

The paper reviews the basics of development and implementation of the debt policy of Ukraine, outlines its formation principles and establishes requirements to normative legal documents which specify administrative measures in the field of the public debt. The research conducted shows that the main normative legal documents which govern activities of state administration bodies responsible for the debt policy implementation are the State Budget and the Program for State Debt Management of the Ministry of Finance of Ukraine. An analysis of (...) the structure of the above documents and ensuing governmental regulations of Ukraine indicates that the national debt policy is not a separate link of the public financial administration, it is shaped subsequent to the results of managerial decisions in the field of monetary relations, changes in the taxation system, operation of the efficiency control system of national taxes, the government deficit level, impacts of foreign economic factors etc. It is proved that debt operations in Ukraine are becoming a factor of economic risk for the state budget whereas the debt budget itself is becoming a destabilization factor. The budgetary policy of Ukraine, which is primarily aimed at maximization of tax collection, results in distortion of the public finance system and aggravates the economic status of numerous industries. The public debt service expenses are however still increasing and require public borrowings which keep growing year by year. The author indicates that the most unsuccessful decisions of the national leadership, which brought about a higher public debt, are the issue of internal public bonds for capitalization of the Privatbank PJSC in 2017 and poor state control over quasi-fiscal operations which may result in default of national Compulsory Social Insurance Funds on their obligations, accumulation of debts on VAT refund, remission of dead tax debts, instalment payment and deferral of money liabilities or tax debts of taxpayers, attraction of sovereign credits by resident economic entities, debt restructuring of such entities with public guarantees, supply of natural gas to heat-and-power engineering companies for generation of thermal energy at preferential prices, accrued receivables of the National Joint-Stock Company 'Naftogaz Ukrainy' for sale of natural gas to the population and heat-and-power engineering companies. (shrink)

The SARS-COVID-2 virus that causes the Coronavirus has been having a challenging and devastating impact on finances and jobs worldwide. More specifically, in South Africa, the COVID-19 pandemic is having a crippling effect on jobs. Companies and businesses are struggling to operate and retain workers as revenue streams are drying up. Owners of companies and businesses have been forced to make difficult decisions. An example is the retrenchment of workers by some organizations because of the financial fall-out due to the (...) coronavirus pandemic. Also, before the pandemic, South Africa had unemployment challenges, economic downgrading, and high levels of inequality. These challenges bring to mind what the employment method and strategy will look like during the -COVID-19. In view of these challenges, one question that comes to mind is: given the COVID-19 pandemic and the fact that the job losses affected people of all races, should the policies of affirmative action and preferential hiring still be considered in South Africa? Thus, this paper is a philosophical reflection on COVID-19, job losses, affirmative action, and preferential hiring in South Africa. In reflecting on the above, this paper aims to show that affirmative action and preferential hiring should not be considered in South Africa during the -COVID-19. I conclude that in the face of this tragedy, for the sustainability of the economy, everyone needs to work together to re-establish and reconstruct the country and build an inclusive economy. (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)

This thesis investigates two main issues concerning the behavior of rational agents, preference dynamics and agent diversity. -/- We take up two questions left aside by von Wright, and later also the multitude of his successors, in his seminal book Logic of Preference in 1963: reasons for preference, and changes in preference. Various notions of preference are discussed, compared and further correlated in the thesis. In particular, we concentrate on extrinsic preference. Contrary to intrinsic preference, extrinsic preference is reason-based, i.e. (...) one's preference for one option over another has a reason. A logical model is proposed and its properties are determined. Dynamics come in naturally, since reasons for the preferences can change. Logical systems and formal results regarding dynamical preference change are then presented. -/- Preference arises from comparisons between alternatives. A first option is to compare situations. Abstractly speaking, preferences are in this case between propositions, viewed as sets of possible worlds. The reasons can then be based on a `betterness' relation over possible worlds. Propositional preference arises as a lift from this primitive relation. A standard modal logical approach is taken and we use a modality for the betterness relation in the language. We then model preference change by techniques from dynamic epistemic logic (DEL), where a typical action, e.g. a suggestion or a command can change the betterness ordering of the worlds, and thereby the propositional preference. Dynamic reduction axioms are obtained to encode exactly how such a change takes place. We obtain a complete dynamic preference logic. -/- A second option is to compare objects as such. Concretely, properties of the objects often determine the preference over the objects. Properties are now the reasons. Inspired by Optimality Theory (OT), we propose a priority sequence, an ordering of properties. Various ways of getting a preference from the priority sequence are investigated, though we mostly follow the OT approach. We use a fragment of first-order logic to describe the situation. Here, on the dynamic side, it is priority change that leads to preference change. Using the DEL methodology again we propose a complete set of reduction axioms concerning the possible dynamic operations on priority sequences. -/- Not surprisingly, the above two views are closely related. After all, possible worlds can be thought of as objects! On the basis of a systematic comparison of the two views, we develop a two level perspective, in which the models themselves are structured in layers. In particular, correspondence results between the changes at the level of the possible worlds and the changes at the level of the priority sequences are proved. We end up by sketching a two-level preferential predicate logic to describe more complex circumstances in which situations and objects are compared simultaneously. -/- But we do not see this as the whole story. Preference does not live by itself, it is often intermingled with epistemic notions of knowledge and belief. One can have different intuitions about how this entanglement operates. A few options are discussed, and proposals for logical models are presented. When moving to dynamics, we now see a picture of knowledge update, belief revision and preference change taking place symbiotically, often unconsciously as in real life. -/- The resulting picture in the thesis is one of agents that process information and adjust beliefs and preferences in many different ways. There is no logically prescribed unique norm for doing this. The second part of the thesis takes this general phenomenon of diversity of agents as its focus, since it raises many issues for logical systems and the idealized agents which they normally presuppose. In reality, agents can differ across a wide spectrum of cognitive abilities and habits: in their memory capacity, observation power, inferential power, introspective ability, and revision policies when facing new information. -/- Two kinds of agents, perfect recall agents, and memory-free agents are studied thoroughly, in the setting of playing games. We show how current dynamic logics can be `parametrized' to allow for this memory diversity, with new characterizations of agent types resulting in complete dynamic-epistemic logics. The other dimension of the reality of diverse agents is that, however different they are, they often do manage to coordinate with each other successfully. While this theme has been prominent in game theory and multi-agent systems, it has received hardly any attention in logic. We analyze this interaction between different agents by looking at concrete scenarios which model their types explicitly. -/- Finally, we analyze the issue of agent diversity in its generality, discussing what dynamic logics would have to look like to become a full-fledged account of agents of different capacities and tendencies that pursue and sometimes achieve their goals in irreducibly social settings. -/- . (shrink)

We examine whether the behavior of institutional investors representatives on boards leads to observable differences in corporate finance. We find that directors representing pressure-sensitive investors prefer lower financial leverage whereas pressure-resistant directors show no particular preference. When analyzed separately, directors appointed by banks and insurance firms have different attitudes. Bank representatives on boards increase both the financial leverage and the banking debt. This result suggests that some types of institutional directors provide financial resources to the firms on whose board they (...) sit, supporting the view that boards manage the uncertainty associated with strategic decision making and provide firms with preferential access to resources and financial expertise. This research has interesting academic and policy implications for the debate over the proper degree of institutional involvement in corporate governance. Different institutional investors have different agendas and incentives for corporate governance, and, therefore, both researchers and policy makers should no longer consider institutional investors as a whole. In addition, our paper calls for new research on the causes and implications of institutional investor involvement in the corporate governance of nonfinancial firms. This new research could require new insights on the dynamics within the boards and on the interplay among the knowledge, incentives and attitudes of quite different directors. (shrink)

This article will present the argument for treating democratic states as moral and not only legal collective entities; that is, it will apply the theory of collective rights of cultural groups in a (closed) domestic political setting to democratic states in international relations. Numerous experiences by self-identifying cultural groups bear witness to the fact that morally important objectives are not always reached by merely treating individuals as the sole bearers of moral status. In order to prevent latent cultural imperialism, many (...) countries around the world have adopted various models of collective rights protection and policies of preferential treatment for these groups. This article will examine whether it is possible to make a parallel between cultural groups and democratic states; in particular, whether it is feasible to think of democratic states as moral entities and what the normative implications of such a view for contemporary international relations and trade would be. (shrink)

Do hard law international organizations use jurisprudence differently than soft law ones? Precedent can be asset or an encumbrance to international organizations and their members, depending on their aims and on the policy area. Linking current decisions to previously-agreed ones helps to increase cohesion, facilitate consensus among members, and borrow authority – benefits that might be more necessary for some organizations than for others. To compare whether the features of norm-producing organizations correlate with their preference for jurisprudence, we compare two (...) organs from the United Nations system: the Security Council, which produces binding decisions, and the General Assembly, which delivers soft law resolutions. We explore the citation networks formed by the approximately 20,400 resolutions adopted by each organ between 1946 and 2019 to test their differences with regards to the dynamics of citation formation, concentration of citations, and timing. Descriptive results reveal the main periods of jurisprudential activity by the Security Council and the General Assembly, but find no sizeable difference in their overall rate of precedent usage. We apply the Citation Exponential Random Graph Model (cERGM) to test for network determinants of citations and find additional similarities on transitivity and homophily, but also variations regarding preferential attachment. (shrink)

This essay situates Object Lessons in the contemporary academic spaces of women’s studies in India. A decade ago, Object Lessons offered an extensive critique of identity knowledges in the US academy with a special focus on women’s studies. What might its relevance be in the contemporary Indian context? The institutionalisation of women’s studies in India has been shaped by the resources of the social sciences, with their empirical bent and especially their connection to state and development policy. This makes for (...) specific differences with the US context while many concerns are shared. The essay also looks at how gender as a category has been deployed in specific contexts in contrast to that of “women”, in the light of Wiegman’s cautions over seeking resolutions to particular problems through a preferential treatment of categories. By way of concluding thoughts on the Indian situation, women’s studies in India is hypervisible compared to other identity knowledges. In spite of its marginal and precarious location in the academy, it carries a disproportionate political burden, one that a heterogeneous student body is shouldering in their struggles for a sustainable future. (shrink)

Substantially increased wealth inequality across the developed world has prompted many philosophers, economists and legal theorists to support comprehensive taxes on all forms of wealth. Proposals include levying taxes on the basis of total wealth, or alternatively the change in the value of capital holdings measured from year-to-year. This contrasts with most existing policies that tax capital assets at the point they are transferred from one beneficiary to another through sale or gifts. Are these tax reforms likely to meet (...) their aims of greater economic and political equality? We argue that these policies are likely to fail because, following neoclassical economic theory, they are based on a conception of capital as possessing given values in what amounts to a static equilibrium. This mischaracterizes the dynamic and subjective character of market economies and the contested value of real instantiations of capital goods. This makes them very difficult, often impossible, to value apart from at the point of voluntary transfer or profit realization. This means most taxes levied on a mark-to-market basis will be arbitrary and unfair. We propose alternative policies based on an income realization approach to taxation that are more likely to curb excessive wealth holdings. This includes introducing international treaties that prohibit preferential tax treatment for individual companies and specific sectors, and broadening the income tax base to include the imputed rent of personal housing wealth. (shrink)

According to its supporters open source software is more secure and reliable than proprietary code, and even tends to foster more innovation. Its technical superiority can be linked to the ongoing peer review process which typifies the open source model. In addition, programs such as Linux offer a potential challenge to the hegemony of Microsoft. Open source holds out the possibility of restraining platform leaders such as Microsoft from acting opportunistically. Some even argue that the open source code model is (...) ethically superior to the proprietary model because of its transparency. Given these economic and social benefits, should government policy makers intervene, by tilting the playing field to open source programs? Would such government intervention truly be welfare‐enhancing? Before answering that question we note that some of the presumed technical and economic benefits of open source software are open to question. At the same time, the claims of moral superiority or social desirability are inflated and discount incentives necessary for software development. But even if this software were technically and morally superior, there is still no basis for government intervention. Our position is simple: the invisible hand of the market and not the visible hand of government should decide the fate of open source code. There is no identifiable market failure for the government to fix nor is there any plausible policy justification for giving open source software preferential treatment. (shrink)

The US has built the most extensive immigration detention system globally. Over the last three administrations, several organizations have noted a systemic failure in the provision of health care in detention centers, leading to the torture and death of immigrants. This essay develops the principle of the preferential option for the poor to examine the causes of deficient access to health care and solutions to overcome them. It analyzes the substandard health care in detention centers from the notion of (...) structural violence and systematizes solutions of grassroots immigrant organizations from the idea of solidarity, understood here as a form of friendship with the poor that moves toward relational justice. Its goal is to build bridges between people so that the political will is generated to create policies to improve and enforce health care standards in detention centers and address the unjust foundations of immigration detention. (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)

Hugh Murray's comments on the civil rights movement recall Marge Schott's badly received observations on the Nazi regime. Murray is also describing something that turned out badly but which he insists began well. Contrary to Murray and Dinesh D'Souza, whose book he reviews, the continuities of the Civil Rights Movement and affirmative action policies are more significant than its alleged turning points. Affirmative action as a practice goes back to the last year of the Johnson administration, but some civil (...) rights leaders supported it before. As early as 1965, Martin Luther King, Jr., whom D'Souza elevates to a cultic figure, advocated the preferential treatment of blacks under a vastly expanded state apparatus. (shrink)

Almost 60,000 people in the United States with end stage renal disease are waiting for a kidney transplant. Because of the scarcity of organs from deceased donors live kidney donors have become a critical source of organs; in 2001, for the first time in recent decades, the number of live kidney donors exceeded the number of deceased donors. The paradigm used to justify putting live kidney donors at risk includes the low risk to the donor, the favorable risk-benefit ratio, the (...) psychological benefits to the donor, altruism, and autonomy coupled with informed consent; because each of these arguments is flawed we need to lessen our dependence on live kidney donors and increase the number of organs retrieved from deceased donors. An "opting in" paradigm would reward people who agree to donate their kidneys after they die with allocation preference should they need a kidney while they are alive. An "opting in" program should increase the number of kidneys available for transplantation and eliminate the morally troubling problem of "organ takers" who would accept a kidney if they needed one but have made no provision to be an organ donor themselves. People who "opt in" would preferentially get an organ should they need one at the minimal cost of donating their kidneys when they have no use for them; it is a form of organ insurance a rational person should find extremely attractive. An "opting in" paradigm would simulate the reciprocal altruism observed in nature that sociobiologists believe enhances group survival. Although the allocation of organs based on factors other than need might be morally troubling, an "opting in" paradigm compares favorably with other methods of obtaining more organs and accepting the status quo of extreme organ scarcity. Although an "opting in" policy would be based on enlightened self-interest, by demonstrating the utilitarian value of mutual assistance, it would promote the attitude that self-interest sometimes requires the perception that we are all part of a common humanity. (shrink)

This Paper is divided into three sections. In the first section I provide a brief historical overview of Hindu-Muslim relations in India and of the condition of Indian Muslims today. I conclude by claiming that Indian Muslims are a marginalized minority who have been persistently underrepresented in political institutions, particularly in the Indian Parliament. This section is important for those who are less informed about these issues—and I assume that most readers fall in this category. In the second section, I (...) examine the case for political representation for Muslims. This was a much debated issue in pre-independent India. It was debated with subtlety and in considerable detail in the Constituent Assembly debates on the Indian constitution. However, with the partition of the country and the formation of the separate state of Pakistan, all debate on the political representation of Muslims ceased. I examine the merits and demerits of the case for the political representation of Indian Muslims. I also attempt a brief explanation of why this issue has virtually disappeared from the public arena in India. I conclude in the section that although political representation of Muslims qua Muslims is desirable, it is still unfeasible in the prevailing situation in India. In other words, I would support the recommendation to the Indian State that political rights not to be granted to any religious community. If political theory was to remain a handmaiden of state policy, then the matter ends right here. However, since I believe that political theory must think for the long run and design just institutions and policies for the future, and since, there is, I claim, no principled objection to the political representation of Muslims, in the third and final section I briefly outline which of the several electoral mechanisms are best suited to ensure fair political representation for Muslims in the future. In my view, the principle of fair political representation for Indian Muslims is best fulfilled by a complex mechanism consisting of preferential voting in multi-member constituencies with intra-party quotas in proportion to the overall population of Muslims in the country. (shrink)

Moral Problems in Higher Education brings together key essays that explore ethical issues in academia. The editor and contributors-all noted philosophers and educators-consider such topics as academic freedom and tenure, free speech on campus, sexual harassment, preferential student admissions, affirmative action in faculty appointments, and the ideal of a politically neutral university. Chapters address possible restrictions on research because of moral concerns, the structure of peer review, telling the truth to colleagues and students, and concerns raised by intercollegiate athletics. (...) Cahn selects two key readings in each area to offer a readable introductory guide to these critical subjects for students studying academic ethics and higher education policy. In addition to the selections and a general introduction, Cahn provides study questions for use in the classroom. Contributors include Scott F. Aikin, Derek Bok, William G. Bowen, Myles Brand, Richard T. DeGeorge, Paul D. Eisenberg, Leslie Pickering Francis, Martin P. Golding, Philip Kitcher, Charles R. Lawrence III, David Lewis, Paul J. Olscamp, Nancy Tuana, David Shatz, George Sher, Robert L. Simon, Robert B. Talisse, Stephan Thernstrom, Abigail Thernstrom, Laurence Thomas, Robert Paul Wolff, and the editor. (shrink)

This paper deals with the policy of affirmative action as an additional means for achieving equality of opportunity in society. It assumes that in modem society-at least in principle-the superior positions are distributed according to merit, and on the basis of fair competition. I argue that formal equality of opportunity injects apparently neutral requirements, such as experience, into the selection procedure for top positions, that, in fact, act particularly against women, since they allow the past employment situation to affect the (...) new selection. I use a statistical argument to show that without preferential treatment towards women, they will not overcome structural obstacles that prevent them from getting top positions. I also use the same argument to show that affirmative action at present contributes to equality of opportunity in the future. (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)

The campaign to discredit predictions of man-made global warming—originally organized by readily identifiable vested interests—has by now recruited a large popular constituency of declared “skeptics” increasingly disposed to “take a stand”: some of them opposed to government regulation in general, some resistant to any claims to intellectual authority (perhaps especially scientific), and some mobilized by a version of the right to individual freedom of opinion. As a result, confidence in the expertise of scientists has reached an all time low: Internet (...) sites, radio talk shows, and television channels preferentially transmit “contrarian” attacks on the credibility of climate scientists. Even our most responsible newspapers and journals, in their very commitment to the traditional ethic of “balance,” sometimes contribute to the widespread misimpression that climate scientists are deeply divided about both the extent of the dangers we face and the relevance of human activity to global warming. Not knowing who or what to believe, the natural response for most people is to do nothing, and the consequence, as Thomas Homer-Dixon wrote last year for the New York Times: “Climate policy is gridlocked, and there’s virtually no chance of a breakthrough” (2010). Meanwhile, as evidence both of the role of human contributions to global warming and the dangers of that warming continues to mount, consensus among climate scientists grows ever stronger, and those of us who attend to that evidence are increasingly alarmed. (shrink)

Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are often (...) limited. The shortage extends not only to supplies like blood products and drugs, but physicians and other medical personnel. In the midst of a mass casualty scenario, such as a battle that includes intense ground fighting, the medical staff will stretch scarce resources and triage casualties according to specific criteria. Typically, they proceed by providing care for the most severely wounded first, referred to here as conventional triage. At times, though, the staff may reverse the triage so that soldiers with minor wounds can return to the fight. In a mass casualty situation, when medical personnel apply conventional triage and treat casualties from opposing forces, a dilemma may arise. We argue that it can be permissible for military physicians to prioritize their own soldiers over enemy combatants in a mass casualty triage, where reverse triage does not apply. The case we will focus on is as follows: Battlefield Triage: During combat operations on a remote island in the Pacific Ocean, a compatriot soldier and an enemy combatant arrive at the compatriot soldier country’s medical treatment facility. Both have similar gunshot wounds to the abdomen, and they arrive with similar conditions. Both have low oxygen saturation and excessive blood loss. The sole physician only has enough time to stabilize one person. The scenario is brief, and we are aware that medical rules of eligibility will most often dictate how the physician proceeds,[1] but this scenario is useful in setting up the question we focus on in this paper: would it be wrong to favor the stabilization of a soldier just because the soldier is the physician’s compatriot? In other words, can nationality serve as an ethically justified tiebreaker in a situation such as Battlefield Triage?[2] In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. The AMA’s Code of Medical Ethics asserts that physicians have “ethical obligations to place patients’ welfare above their self-interest and above obligations to other groups.”[3] The World Medical Association’s Declaration of Tokyo affirms that “no motive, whether personal, collective or political, shall prevail against this higher purpose” of alleviating distress.[4] Physicians are taught early on that triage decisions must be medically indicated and made without consideration of factors such as race, ethnicity, religion, social status, and nationality. They are taught that public trust and obligations of justice grounded in equality demand that only medical indications be considered. But military physicians in a military setting are beholden to obligations, duties, and responsibilities as members of the military, and when these obligations, duties, and responsibilities conflict, as they do in Battlefield Triage, which loyalties win out and why?[5] Critics of partiality on national grounds argue that partiality undermines public trust in medicine and justice because everyone should be treated equally regardless of nationality.[6] Proponents of partiality argue that military obligations supersede equality and that justice requires partiality in such cases.[7] Despite the critics’ disagreement, both agree that there is a morally right, perhaps even blameless, course of action. Drawing on insights from virtue ethics, we argue that Battlefield Triage is a moral tragedy in which justice is unattainable and there is no action without moral cost. The assumption that there is a morally right choice is flawed. We argue that while no decision in this scenario is free from moral blame, there are reasons to favor treating one’s soldiers over enemy combatants. I. The Case Against Partiality There is a common assumption that there is a morally right or just decision in Battlefield Triage. A number of organizations and scholars claim that it is wrong for military physicians to favor their own soldiers on the grounds of nationality or some form of ‘group membership.’ (In a conflict involving service members from multiple nations working as a coalition, a soldier from an allied country may receive the same priority as the US service member due to ‘group membership.’) The World Medical Association’s WMA Declaration of Lisbon on the Rights of the Patient, which was reaffirmed in 2015, posits that, “[i]n circumstances where a choice must be made between potential patients for a particular treatment that is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.”[8] This echoes what was set forth in Article 12 of the Geneva Conventions, which states that “[o]nly urgent medical reasons will authorize priority in the order of treatment to be administered.”[9] The argument for impartiality in Battlefield Triage is that every person is morally equal, and equality entails that medical distribution is, “based on a combination of medical need and urgency.”[10] This is in keeping with the bioethical principles that are generally applied.[11] II. The Case for Partiality On the other side, there are arguments that favoritism is the ethically right decision in Battlefield Triage.[12] The argument asserts that members of the military form a morally significant community of friends and participation in these relationships demands partiality. Just as parents have strong ethical duties to their children and not just any children, military personnel have ethical duties to their group, a group that involves an affirmation of mutual aid and support. Some have termed these ‘associative duties. According to Michael Gross, obligations of friendship, care, and solidarity “leave very little room for generally applicable principles of justice that would obligate a medic to treat enemy or non-compatriot wounded ahead of their compatriots.”[13] This is true in Battlefield Triage, but it may also be true even if the enemy’s soldier were more seriously wounded: “the ethics of small group cohesion, largely an ethics of care, mostly replaces the demands of impartial justice.”[14] In a more recent article, Gross explains that preferential treatment is ethically justified based on fighting capability and “the special obligations people owe friends, family, and, no less, comrades-in-arms.”[15] To not show partiality to the US soldier would be morally wrong on the grounds of friendship and mutual care.[16] III. The Moral Tragedy of Battlefield Triage Defenders and critics of Battlefield Triage favoritism based on nationality both frame their position as just or fair. For example, Justin List argues that physicians are “bound to practice medical neutrality,”[17] Marcus Adams denies that physicians “possess special ethical obligations” to enemy combatants because of their profession.[18] These perspectives assume that there is a morally right decision and that justice is attainable. The assumption that there is or can be a morally right Battlefield Triage decision, and we need to put our heads together to figure it out, remains strongly entrenched. However, the facts of the situation should give us pause; there are too many people and too few resources, and this demands a decision-making process that determines who will receive scarce resources. By its very nature, a battlefield triage decision has to be made based on some characteristic or value, a characteristic or value that will inevitably favor some at the expense of others. This is precisely why competing analyses “in the military context struggle to resolve these conflicts satisfactorily.”[19] Drawing on the insights of virtue ethics, we suggest that Battlefield Triage is a moral tragedy. Virtue ethics suggests that morality is about acting virtuously, which is to say that we should do what a virtuous person would do in the situation. Ethics is about figuring out how a just, wise, compassionate, loving, and fair person would act, and then doing that, as one grows in virtue. But life is not always clear cut, and it is possible that virtuous people may find themselves in a moral tragedy, a situation in which, through no fault of one’s own, a person must make a morally objectionable decision. After the action the virtuous person “emerges having done a terrible thing, the very sort of thing that the callous, dishonest, unjust, or in general vicious agent would characteristically do.”[20] Stated differently, a moral tragedy presents a virtuous person with two or more courses of action, all of which have a moral cost.[21] In Battlefield Triage, no matter how the physician goes about deciding, there is going to be defensible concern from those not saved. The fact that there are more people than can be helped fosters competing values in battlefield triage: maximize lives saved, treat people equally, treat the worse off, and support the war effort. Treating people equally may create tension between treating the worse off, maximizing lives saved, and supporting the war effort. Reverse triage is a case in point, as supporting the war effort conflicts with treating the worse off first, as is a fair lottery system since deploying a lottery may not maximize lives saved or support the war effort. There can be reasons why one person is selected over another, to be sure. Yet, there are reasons for making a decision, and that the decision is subject to legitimate moral concern is another. To recognize the moral tragedy of Battlefield Triage is to recognize the impossibility of acting blamelessly in the situation. In this situation, the virtuous military physician is going to have to sacrifice important values such as justice, compassion, and respect for others, even with a defensible criterion in hand. The physician will grieve this sacrifice accordingly. The physician may find her decision difficult or stressful, and rightly so, because of what her circumstances require of her. This kind of moral tragedy results “in actions which betray and violate the rights of persons to whom there may be a strong duty of care. When this happens, it properly triggers an appropriate moral emotion since our moral integrity has been violated and this affects how we think of ourselves and what we have become.”[22] Rather than view her triage decision as the morally superior choice, the virtuous military physician will view her decisions in these circumstances in a different light: it is the least bad option in a terrible situation, and she did something ethically problematic, something that is contrary to her moral character. She deeply regrets the circumstances in which she had to act. IV. Virtue Ethics A virtue ethicist has insight into how one should go about deciding what to do in a moral tragedy, although virtue ethics may not be as helpful as one may hope. The goal of the virtuous military physician in Battlefield Triage is to adopt the best course of action or the action that she feels she ought to do, all things considered. This does not make her choice devoid of serious wrongdoing—a decision must be made, but that does not make it just. The virtuous military physician will approach the situation with courage, responsibility, and insight. She will think about the decision carefully, wisely, and conscientiously; she will weigh the goods and harms of the choices before her, in conjunction with a proper conception of the good life, human worth, and understanding of her obligations to others—including chain of command, fellow soldiers, and the medical community. She is attuned to the value of human life and has a reasonable idea of the various ways her decisions will affect others. She recognizes that she is in this non-ideal situation through no fault of her own: she is not the one fighting in battles; she is serving her country as a physician, whose job it is to save lives, treat everyone justly, and promote military objectives. She regrets the decision she is forced to make in battlefield triage, acting “with immense regret and pain,” Hursthouse explains, “instead of indifferently or gladly.”[23] This is because, no matter what decision is made, the virtuous military physician “does something terrible or horrible,” something she otherwise would not do and is contrary to her values.[24] V. A Resolvable Moral Tragedy Instead of asking whether there is a morally right decision, in which a decision is morally blameless and above reproach, the virtue ethicist asks whether there is a decision with a convincing rationale, knowing that a decision can have a clear rationale but still be morally tragic. It is perfectly reasonable to think that different virtuous persons will arrive at different courses of action: “two virtuous agents, in the same situation,” Hursthouse writes, “may act differently” in irresolvable moral tragedies, in cases in which there is no clear course of action.[25] Because a person must act in a moral tragedy, one goal is to identify reasons for choosing the chosen action. Some decisions are clearly indefensible—treating neither the compatriot soldier nor the enemy combatant in Battlefield Triage would be wrong—and some decisions are more problematic than others. If the military physician selects to treat the soldier because she does not like the enemy combatant’s skin color, such a reason would be deeply problematic. But much of the debate over how to act in a moral tragedy is not over clearly indefensible or problematic criteria. Instead, the literature is largely about different standards or implementations of justice. Some scholars defend nation-impartial triage as right, while others defend nation-aware triage as right, and each argues that the other side is promoting an unjust or otherwise wrong solution to Battlefield Triage. We suggest that Battlefield Triage is a resolvable moral tragedy and that virtue ethics offers convincing reasons to prefer the treatment of the compatriot soldier rather than the enemy combatant on the grounds of national identity. Virtues are integral to living a good life, a flourishing life, but as Aristotle observed long ago, human beings are inherently social, interdependent and interconnected in profound ways.[26] This goes beyond the obvious fact that we need each other to survive day to day (one person makes clothes, another farms, and another makes tools); the claim is that a good or flourishing life depends in large part on one’s social network or community. This is why many of Aristotle’s moral virtues are other facing: justice, friendship, generosity, and magnanimity, to name a few. Courage, a typically self-facing virtue, is understood by Aristotle to be the virtue that regards one’s fear of death in battle, a battle fought on behalf of one’s city.[27] All of this remains true today. Namely, there is an important sense in which our community matters to our lives: it is easier to live a good, flourishing life if one is part of a good, flourishing community. Our community is made up of smaller groups, and it is more accurate to say that we are simultaneous members of different groups within a broader community. A person may be part of a family, friend group, research team, large state university, city, state, and nation. Groups can function well or not, as we all have experienced, and this suggests that there are virtues or excellences that groups can instantiate. Good groups are unified in purpose, with each member doing their duty alongside others for the attainment of that purpose. Good groups manifest solidarity among their members. Although Aristotle does not list solidarity as a virtue, a number of modern-day virtue ethicists have begun examining how group solidarity can be a virtue that contributes to a good or flourishing life.[28] Solidarity is not conceptualized as an individual virtue, a virtue possessed by a person in isolation of others; instead, it is a collective virtue, a virtue that is shared among members of a defined group with particular ends.[29] “A group has solidarity to the extent that its members are disposed to: (1) share values, aims, or goals; (2) care about those values, aims, or goals; (3) act in accordance with those values, aims, or goals; (4) trust the testimony of other group members with respect to those values, aims, and goals; and (5) feel a sense of belonging to the group.”[30] The virtue of collective or group solidarity involves individuals having special concern for each other, shared aims and values, trust, loyalty, and a sense of belonging with these specific others. There is a oneness to the group in the pursuit of a definite goal or purpose, involving mutual support and affirmation of each member. As such, the group has ends and goods above and beyond the good of each individual person. Sometimes solidarity requires personal sacrifice for the collective (for example, a father sacrificing food so his child can eat). The virtue of collective or group solidarity is important to the military and medical community at every level, and for clear reasons. In the military, there is a clear hierarchy of command, unity of purpose and end, mutual trust and support in complex settings, and so on. Soldiers need to know they can count on one another, and solidarity grounds a soldier’s ability to trust others and be assured of mutual aid. In medicine, solidarity maintains self-regulation of the profession, shared values and goals, as well as public support, not to mention that day-to-day operations require physician trust, engagement, and effort toward the ends of clinical care. Physicians need to work together, along with others, in pursuit of health, and disunity is sowed when there is mistrust, selfishness, or disengagement among the healthcare team and organization. Importantly, just as we are all members of various groups and hence may manifest group solidarity in different settings, the virtuous military physician instantiates collective solidarity with both the medical profession and the military. Her dual loyalty contributes to the moral difficulty of acting in Battlefield Triage. The military physician has competing obligations to distinct groups and cannot satisfy all obligations in Battlefield Triage. Solidarity with the military supports the consideration of favoring the soldier for reasons of national identity, whereas solidarity with the medical community does not. Something has to give, which is why it is a moral tragedy. The virtuous military physician, therefore, must weigh the costs of each course of action. To fulfill her obligations to the medical community would require that she does not use nationality and other non-medical considerations in Battlefield Triage. Since the soldier and enemy combatant are equally injured, justice would demand a random process, perhaps a flip of the coin. Although this may satisfy obligations the military physician has to the medical community, this would be costly to the physician’s military group. If word gets out that the physician decides who to treat based on a coin toss, soldiers, families, and citizens may become frustrated and angry. Soldier morale may go down if it becomes known that a coin flip led to the preventable death of a soldier and the saving of an enemy combatant who had killed (or attempted to kill) other soldiers. As Gross highlights, military solidarity involves a mutual aid promise that military personnel promise to help one another.[31] A military physician is part of the military and, as such, is part of the mutual aid promise, which would appear to be violated if the physician flips a coin. Treating a member of one’s own team may be psychologically more beneficial than treating an enemy combatant and may lead to less moral distress.[32] Finally, treating soldiers rather than enemy combatants promotes broader military and social aims, including returning soldiers to health, maintaining unity of purpose, and minimizing community suffering from a soldier’s death. Favoring members of one’s group, that is, triage based on nationality in Battlefield Triage, would fulfill obligations of military group loyalty, which is contrary to the values and duties of medicine. It does not seem as though showing favoritism in this particular situation is very costly to the medical community or general public, but this is because there is recognition that the physician is in the military. Medicine is impartial to non-medical indications partly because of fairness and to promote public trust in medicine. However, Battlefield Triage is unique, as medicine is being practiced in a non-public, wartime setting. In ordinary circumstances, a patient’s identity is irrelevant, and physicians ought not play favorites. Since Battlefield Triage is not an ordinary circumstance, decisions based on patient identity may not undermine public trust in medicine. In addition, it is contestable that fairness in Battlefield Triage requires that no consideration be paid to one’s nationality. Fairness is about giving each person their due, what is owed to them, and the case can be made that soldiers who place themselves in danger for the sake of the common good or a just cause are owed special attention when they suffer harm in the line of duty. In other words, soldiers voluntarily undergo risk to themselves for the greater good, and society owes them for this sacrifice. This plausibly includes preferential treatment in a situation such as Battlefield Triage. So, while the medical community affirms justice demands non-preferential treatment, the military community can affirm the opposite. The demands of fairness are unclear at best or in conflict in this situation: demands of physician justice decry favoritism, while demands of military justice support favoritism. Triage not based on nationality is arguably unfair and triage based on nationality may not undermine public trust, after all. All things considered, there is a clear rationale for favoring nationality-based preferential treatment in Battlefield Triage. Adopting a nationality-based preference in this situation is more defensible than not. This does not make such a decision ethically right or just. Preference based on nationality is the least bad decision, but it is not morally blameless. It involves one in a serious moral wrong, a wrong otherwise avoided and contrary to one’s character. The virtuous military physician is in a situation in which obligations conflict, and we disagree with Gross, who posits that care of fellow soldiers “is important to the near exclusion of all else.”[33] Gross fails to appreciate the collective virtue of solidarity as applied to those in medicine. The military physician has duties to fellow soldiers but also to fellow physicians, to the medical community, and humanity. To favor a soldier on grounds of nationality violates her duties and responsibilities to this latter group. She is involved in a moral tragedy and can only seek the most just action given the circumstances, yet, at least in virtue ethics, the action remains far from blameless. CONCLUSION We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. As such, the virtuous military physician incurs a moral cost to acting as she does—there is a moral residue. However, despite being a moral tragedy, there are clear reasons to act in favor of treating one’s own, considering group solidarity. As such, these kinds of tragedies are resolvable: virtuous military physicians should favor treatment of their own, although they would do so with sorrow. - [1] Militaries set forth medical rules of eligibility or guidelines used to determine whether a person qualifies for specific medical interventions or treatments in certain circumstances, and these guidelines are binding for a military physician. For example, despite opposition from medical organizations, militaries have adopted reverse triage guidelines for military physicians to follow. For ethical discussion, see Falzone, Elisabeth, P. Pasquier, C. Hoffmann, O. Barbier, M. Boutonnet, A. Salvadori, A. Jarrassier, J. Renner, B. Malgras, and S. Mérat. "Triage in military settings." Anaesthesia Critical Care & Pain Medicine 36, no. 1 (2017): 43-51. https://doi.org/10.1016/j.accpm.2016.05.004 [2] There are issues that are related to this, including the triage of civilians and allied soldiers. We set related issues aside for purposes of this paper [3] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [4] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [5] This is termed the “dual loyalty” dilemma in military medicine and has been described at length elsewhere: Institute of Medicine (US) Board on Health Sciences Policy. Military Medical Ethics: Issues regarding Dual Loyalties: Workshop Summary. Washington (DC): National Academies Press (US); 2008. Toward a Framework for Resolving Dual Loyalties. Available from: https://www.ncbi.nlm.nih.gov/books/NBK214853/ [6] See Kenneth G. Swan and K.G. Swan, Jr., “Triage: The Past Revisited,” Military Medicine 161:8 (1996): 448–452. https://doi.org/10.1093/milmed/161.8.448; Jerome A. Singh, “American Physicians and dual loyalty obligations in the ‘war on terror,’” BMC Medical Ethics 4.4 (2003): 1–10. https://doi.org/10.1186/1472-6939-4-4; Beam, Thomas E. "Medical Ethics on the Battlefield." Military Medical Ethics: Sect. IV. Medical ethics in the military. Medical ethics on the battlefield: the crucible of military medical ethics 2 (2003): 369-402; Hereth, Blake. "Health justice for unjust combatants." Journal of Military Ethics 20, no. 1 (2021): 67-81. https://doi.org/10.1080/15027570.2021.1949782. [7] See Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. Gross, Michael L. "Comradery, community, and care in military medical ethics." Theoretical medicine and bioethics 32 (2011): 337-350. https://doi.org/10.1007/s11017-011-9189-6. Gross, Michael L. "The limits of impartial medical treatment during armed conflict." In Military medical ethics for the 21st century, pp. 71-84. Routledge, 2016. [8] World Medical Association, WMA Declaration of Lisbon on the Rights of the Patient. 5 December 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/ [9] Geneva Convention for the Amelioration of the Condition of Wounded, Sick in Armed Forces in the Field. 12 August 1949. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.30_GC-I-EN.pdf. [10] List, Justin M. "Medical neutrality and political activism: physicians' roles in conflict situations." In Physicians at war: The dual-loyalties challenge, pp. 237-253. Dordrecht: Springer Netherlands, 2008. 240 [11] Beauchamp, T., and J. Childress. 2013. Principles of Biomedical Ethics, 7th ed. Oxford, United Kingdom: Oxford University Press. [12] Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. [13] Gross, "Comradery, community, and care in military medical ethics," 347. [14] Gross, “Comradery, community, and care in military medical ethics,” 349. [15] Gross, Michael L. "When medical ethics and military ethics collide." Narrative inquiry in bioethics 13, no. 3 (2023): 199-204. 202 https://dx.doi.org/10.1353/nib.2023.a924191 [16] Our argument draws on virtue ethics, from which care ethics derives, and it is worth clarifying how our argument relates to Gross’s. We do not think that the virtue of friendship grounds triage decisions, for we think it is unlikely that the physician and wounded soldier are friends. Instead, as explained below, we think the collective virtue of group solidarity better captures the moral significance of group loyalty and that Gross would agree with us. But since military physicians are part of distinct groups, with competing obligations, the military physician will be forced to sacrifice a value in battlefield triage cases. In other words, we think Gross downplays the dual group membership of a military physician. [17] List,”Medical neutrality and political activism,” 250. [18] Adams,”Triage priorities and military physicians,” 235. [19] London, Leslie, Leonard S. Rubenstein, Laurel Baldwin-Ragaven, and Adriaan Van Es. "Dual loyalty among military health professionals: human rights and ethics in times of armed conflict." Cambridge Quarterly of Healthcare Ethics 15, no. 4 (2006): 381-391. 383. [20] Hursthouse, R. On Virtue Ethics. OUP 1999. 74 [21] Nussbaum, Martha C. "The costs of tragedy: Some moral limits of cost-benefit analysis." The Journal of Legal Studies 29, no. S2 (2000): 1005-1036, 1007. [22] De Wijze, S. (2005). Tragic-remorse–the anguish of dirty hands. Ethical theory and moral practice, 7(5), 453-471, 457. https://doi.org/10.1007/s10677-005-6836-x [23] Hursthouse, 73 [24] Hursthouse, 81 [25] Hursthouse, 72 [26] Aristotle, Politics 1253a8. Reeve, C. D. C., Indianapolis: Hackett Publishing Co., 2017 [27] Aristotle, Nicomachean Ethics. III.6.114a, 34-35. 2002, Nicomachean Ethics, Christopher Rowe (trans.), Oxford: Oxford University Press [28] Byerly, T. Ryan, and Meghan Byerly. "Collective virtue." The Journal of Value Inquiry 50, no. 1 (2016): 33-50. https://doi.org/10.1007/s10790-015-9484-y; Federico, Veronica. "Conclusion: solidarity as a public virtue." Solidarity as a Public Virtue (2018): 495-542. https://doi.org/10.5771/9783845290058. Rehg, William. "Solidarity and the common good: An analytic framework." Journal of Social Philosophy 38, no. 1 (2007): 7-21. https://doi.org/10.1111/j.1467-9833.2007.00363.x [29] Byerly and Byerly. "Collective virtue." 43 [30] Battaly, Heather. "Solidarity: Virtue or vice?." In Social virtue epistemology, pp. 303-324. Routledge, 2022. 304 [31] Ibid., 2011: 341 [32] It might be thought that displaying altruism by helping an enemy combatant at the expense of one’s fellow soldier may be psychologically satisfiying. For evidence that military physicians find it difficult to treat enemy combatants, see Lundberg, Kristina, Sofia Kjellström, Anders Jonsson, and Lars Sandman. "Experiences of Swedish military medical personnel in combat zones: adapting to competing loyalties." Military medicine 179, no. 8 (2014): 821-826. https://doi.org/10.7205/MILMED-D-14-00038. Lamblin, Antoine, Clément Derkenne, Marion Trousselard, and Marie-Ange Einaudi. "Ethical challenges faced by French military doctors deployed in the Sahel (Operation Barkhane): a qualitative study." BMC Medical Ethics 22 (2021): 1-13. https://doi.org/10.1186/s12910-021-00723-2 [33] Ibid., 2011: 344. (shrink)

At the heart of the current debate about immigration we find a conflict of convictions. Many people seem to believe that a country has a right to decide who to let in and who to keep out, but quite often they appear equally committed to the view that it is morally wrong to expel someone from within the borders of their country if that would seriously jeopardise the person in question. While the first conviction leads to stricter border controls in (...) an attempt to prevent would‐be immigrants from entering the country illegally, the latter conviction ensures that aliens with a legitimate claim on protection will not be removed forcibly. It is not strange, therefore, that the task of pinning down a morally sound immigration policy is such an elusive enterprise.In this paper I take it for granted that no electorate would be prepared to accept the kind of policy they ought to, and that we in consequence will continue to let in as few immigrants as is currently the case. Given this constraint I argue against two common assumptions concerning a viable immigration policy. First, granted that certain conditions are satisfied, professional smugglers should not face legal sanctions for bringing asylum seekers to a potential host country. Second, countries that limit immigration should not treat people seeking family reunion preferentially or on a par with other immigrants, but rather act so as to maximise the number of refugees allowed to enter. (shrink)

Liberal societies typically prefer relatives and spouses of their members over other prospective immigrants seeking admission. Giving this preferential treatment to only certain categories of relationships requires justification. In this paper, I provide a defense of a category-based system for “unification admissions,” non-members seeking admission for the purpose of living in the same society with members on a stable basis, that is compatible with liberalism and, in particular, does not violate the requirement of liberal neutrality. This defense does not (...) commit liberal theorists to the traditional state sovereignty view on immigration, according to which societies have wide latitude to exclude immigrants as they see fit, and shows that, contra Ferracioli, societies are not required to treat relatives, spouses, friends, and creative partners of their members on a par in matters of immigration policy. (shrink)

This article is an attempt to carry out an ethical analysis of international negotiations pertaining to the reduction of greenhouse-gas emissions. Following a brief review of the available scientific evidence regarding past and future climate change resulting from the emission of greenhouse gases, the authors proceed to an examination of the current status of international negotiations on climate policy, in particular the ratification status of the 1997 Kyoto Protocol. The ethical focus of this article is rooted in a ‘preferential (...) option for the poor’, against narrowly utilitarian or libertarian positions. A welfare-theoretic framework is developed which is similar in inspiration to John Rawls’s ‘difference principle’. The authors conclude that the demands of international distributive justice require a solution that is sensitive to consequences, and this entails a focus that is broader than simply the fair distribution of gains from greenhouse negotiations. The authors argue that these negotiations must be viewed in the context of the inequitable international distribution of living standards. (shrink)

Recurrent, unvarying, and seemingly purposeless patterns of action and cognition are part of normal development, but also feature prominently in several neuropsychiatric conditions. Repetitive stereotyped behaviors can be viewed as exaggerated forms of learned habits and frequently correlate with alterations in motor, limbic, and associative basal ganglia circuits. However, it is still unclear how altered basal ganglia feedback signals actually relate to the phenomenological variability of RSBs. Why do behaviorally overlapping phenomena sometimes require different treatment approaches−for example, sensory shielding strategies (...) versus exposure therapy for autism and obsessive-compulsive disorder, respectively? Certain clues may be found in recent models of basal ganglia function that extend well beyond action selection and motivational control, and have implications for sensorimotor integration, prediction, learning under uncertainty, as well as aesthetic learning. In this paper, we systematically compare three exemplary conditions with basal ganglia involvement, obsessive-compulsive disorder, Parkinson’s disease, and autism spectrum conditions, to gain a new understanding of RSBs. We integrate clinical observations and neuroanatomical and neurophysiological alterations with accounts employing the predictive processing framework. Based on this review, we suggest that basal ganglia feedback plays a central role in preconditioning cortical networks to anticipate self-generated, movement-related perception. In this way, basal ganglia feedback appears ideally situated to adjust the salience of sensory signals through precision weighting of new sensory information, relative to the precision of predictions based on prior generated models. Accordingly, behavioral policies may preferentially rely on new data versus existing knowledge, in a spectrum spanning between novelty and stability. RSBs may then represent compensatory or reactive responses, respectively, at the opposite ends of this spectrum. This view places an important role of aesthetic learning on basal ganglia feedback, may account for observed changes in creativity and aesthetic experience in basal ganglia disorders, is empirically testable, and may inform creative art therapies in conditions characterized by stereotyped behaviors. (shrink)

Almost 60,000 people in the United States with end stage renal disease are waiting for a kidney transplant. Because of the scarcity of organs from deceased donors live kidney donors have become a critical source of organs; in 2001, for the first time in recent decades, the number of live kidney donors exceeded the number of deceased donors. The paradigm used to justify putting live kidney donors at risk includes the low risk to the donor, the favorable risk-benefit ratio, the (...) psychological benefits to the donor, altruism, and autonomy coupled with informed consent; because each of these arguments is flawed we need to lessen our dependence on live kidney donors and increase the number of organs retrieved from deceased donors. An “opting in” paradigm would reward people who agree to donate their kidneys after they die with allocation preference should they need a kidney while they are alive. An “opting in” program should increase the number of kidneys available for transplantation and eliminate the morally troubling problem of “organ takers” who would accept a kidney if they needed one but have made no provision to be an organ donor themselves. People who “opt in” would preferentially get an organ should they need one at the minimal cost of donating their kidneys when they have no use for them; it is a form of organ insurance a rational person should find extremely attractive. An “opting in” paradigm would simulate the reciprocal altruism observed in nature that sociobiologists believe enhances group survival. Although the allocation of organs based on factors other than need might be morally troubling, an “opting in” paradigm compares favorably with other methods of obtaining more organs and accepting the status quo of extreme organ scarcity. Although an “opting in” policy would be based on enlightened self-interest, by demonstrating the utilitarian value of mutual assistance, it would promote the attitude that self-interest sometimes requires the perception that we are all part of a common humanity. (shrink)

This article ventures a framework for assessing the contributions capitalism might make to the common good. Capitalism has manifest strengths--efficiency, growth, support for human freedoms, encouragement for collaboration among nations that are not natural allies. Processes that generate these goods have negative consequences as well--the exploitation of labor, environmental harm, the marginalization of the "least advantaged," the reduction of politics to strategies for advancing special interests. To constrain the negative consequences, public oversight is necessary. The challenge is to devise (...) class='Hi'>policies that will limit the harms while protecting conditions that enable free markets to flourish. The paper concludes with an illustrative sketch of policy proposals that exemplify this goal. (shrink)

Malaysia is a multi-ethnic country in which the government gives preferential treatment in education, employment, and ownership to its majority ethnic group: Bumiputera. However, affirmative action policies in the current Malaysian context should work according to John Rawls’ Theory of Justice by being based on income rather than ethnicity. Certainly Malaysian Government should be praised for giving freedom to the Chinese and Indians to select their preferred school and this is partly consistent with Amartya Sen’s view of freedom; (...) however this article argues that these communities are apparently given constraint freedom of choice. (shrink)

This essay is about the ethical propriety and practical efficacy of a range of policy undertakings which, in the last twenty years, has come to be referred to as “affirmative action.” These policies have been contentious and problematic, and a variety of arguments have been advanced in their support. Here I try to close a gap, as I see it, in this “literature of justification” which has grown up around the practice of preferential treatment. My principal argument along (...) these lines is offered in the next section. I then consider how some forms of argument in support of preferential treatment, distinctly different from that offered here, not only fail to justify the practice but, even worse, work to undermine the basis for cooperation among different ethnic groups in the American democracy. Finally, I observe that as a practical matter the use of group preference can, under circumstances detailed in the sequel, produce results far different from the egalitarian objectives which most often motivate their adoption. It may seem fatuous in the extreme to raise as a serious matter, in the contemporary United States, the question “Why should we care about group inequality?” Is not the historical and moral imperative of such concern self-evident? Must not those who value the pursuit of justice be intensely concerned about economic disparities among groups of persons? The most obvious answer to the title question would seem, then, to be: “We should care because such inequality is the external manifestation of the oppression of individuals on the basis of their group identity.”. (shrink)

This book approaches the problems and circumstances confronting blacks in the context of black values, the black community, and the role of government. ^BContents:: The Black Community's Values as a Basis for Action; The Community as Agent of Change; and The Government's Role in Meeting New Challenges.

This article examines the relation between policies concerning Corporate Social Responsibility and philosophical moral theories. The objective is to determine which moral theories form the basis for CSR policies. Are they based on ethical egoism, libertarianism, utilitarianism or some kind of common-sense morality? In order to address this issue, I conducted an empirical investigation examining the relation between moral theories and CSR policies, in companies engaged in CSR. Based on the empirical data I collected, I start by (...) suggesting some normative arguments used by the respondents. Secondly, I suggest that these moral arguments implicitly rely on some specific moral principles, which I characterise. Thirdly, on the basis of these moral principles, I suggest the moral theories upon which the CSR policies are built. Previous empirical studies examining the relation between philosophical moral theories and the ethical content of business activities have mainly concentrated on the ethical decision-making of managers. Some of the most prominent investigations in that regard propose that managers mainly act in accordance with utilitarian moral theory, 166–175; Premeaux, S. and W. Mony: 1993, Journal of Business Ethics12, 349–357; Premeaux, S.: 2004, Journal of Business Ethics52, 269–278). I conclude that CSR policies are not based on utilitarian thinking, but instead, on some kind of common-sense morality. The ethical foundation of companies engaged in CSR, thus, does not mirror the ethical foundation of managers. (shrink)

We show that the U.S. anti-discriminatory laws prohibiting discrimination in the workplace based on sexual orientation and gender identity identities) spur innovation, which ultimately leads to higher firm performance. We use the Human Rights Campaign’s Corporate Equality Index of 398 U.S. firms between 2011 and 2014, and find a significantly positive relationship between CEI and firm innovation. We also find that an interacting effect of CEI and firm innovation leads to higher firm performance. We use our understanding of Rawls’ Theory (...) of Justice and stakeholder theory to show that firms with workplace diversity policies are likely to be more innovative and perform better than those without such policies. Our results are robust to endogeneity, reverse causality and simultaneity issues. Our results will trigger debate in similar markets around the globe on the economic benefits of LGBT workplace diversity policies for firms. (shrink)