In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or (...) pragmatic grounds for rejecting or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of “moral division of labor”; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political‐pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political‐pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing. (shrink)

This chapter contains sections titled: Introduction Preliminaries Universal vs. Particular Justice The Scope of Particular Justice Justice and the Doctrine of the Mean: The Problem Distributive and Corrective Justice Political Justice Pleonexia Justice and the Doctrine of the Mean: Aristotle's Solution Conclusion Bibliography.

ExtractPolitical liberals very often appeal to a so-called division of moral labour that separates the regulation of institutions from that of personal conduct. Probably the most famous statement of this idea is found in these remarks from John Rawls: The principles of justice for institutions must not be confused with the principles which apply to individuals and their actions in particular circumstances. These two kinds of principles apply to different subjects and must be discussed separately., p. 47) Kok-Chor (...) Tan's excellent new book renews and extends the case for accepting some version of Rawls's view, which Tan calls the ‘institutional focus’ in distributive justice. If Tan is right, then the liberal focus on institutions is not only defensible in its own right, but also helps support further elements of egalitarian theorizing, including some that Rawlsians often reject. In particular, Tan believes that a focus on institutions helps secure a more plausible ‘luck egalitarian’ approach to distributive justice, and that it also supports a version of cosmopolitanism about global justice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Developments in Non-Invasive Prenatal Testing (NIPT) and cell-free fetal DNA analysis raise the possibility that antenatal services may soon be able to support couples in non-invasively testing for, and diagnosing, an unprecedented range of genetic disorders and traits coded within their unborn child’s genome. Inevitably, this has prompted debate within the bioethics literature about what screening options should be offered to couples for the purpose of reproductive choice. In relation to this problem, the European Society of Human Genetics (ESHG) and (...) American Society of Human Genetics (ASHG) tentatively recommend that any expansion of this type of screening, as facilitated by NIPT, should be limited to serious congenital and childhood disorders. In support of this recommendation, the ESHG and ASHG cite considerations of distribution justice. Notably, however, an account of justice in the organization and provision of this type of screening which might substantiate this recommendation has yet to be developed. This paper attempts to redress this oversight through an investigation of Norman Daniels’ theory of Just health: meeting health needs fairly. In line with this aim, the paper examines what special moral importance (for Just health) screening for the purpose of reproductive choice might have where concerning serious congenital and childhood disorders in particular. The paper concludes that screening for reproductive choice where concerning serious congenital and childhood disorders may be important for providing women with fair opportunity to protect their health (by either having or not having an affected child). (shrink)

This paper develops a novel competition criterion for evaluating institutional schemes. Roughly, this criterion says that one institutional scheme is normatively superior to another to the extent that the former would engender more widespread political competition than the latter. I show that this criterion should be endorsed by both global egalitarians and their statist rivals, as it follows from their common commitment to the moral equality of all persons. I illustrate the normative import of the competition criterion by exploring its (...) potential implications for the scope of egalitarian principles of distributive justice. In particular, I highlight the challenges it raises for global egalitarians' efforts to justify extending the scope of egalitarian justice beyond the state. (shrink)

Healthcare counts as a morally relevant good whose distribution should neither be left to the free market nor be simply imposed by governmental decisions without further justification. This problem is particularly prevalent in the current boom of anti-ageing medicine. While the public demand for medical interventions which promise a longer, healthier and more active and attractive life has been increasing, public healthcare systems usually do not cover these products and services, thus leaving their allocation to the mechanisms of supply and (...) demand on the free market. This situation raises the question on which basis the underlying preferences for and claims to a longer, healthier life should be evaluated. What makes anti-ageing medicine eligible for public funding? In this article, we discuss the role of anti-ageing medicine with regard to the scope and limits of public healthcare. We will first briefly sketch the basic problem of justifying a particular healthcare scheme within the framework of a modern liberal democracy, focusing on the challenge anti-ageing interventions pose in this regard. In the next section, we will present and discuss three possible solutions to the problem, essentialistic, transcendental, and procedural strategies of defining the scope of public healthcare. We will suggest a procedural solution adopting essentialistic and transcendental elements and discuss its theoretical and practical implications with regard to anti-ageing medicine. (shrink)

The extent to which the legal doctrine addresses manifestations of constitutionalism has been constantly growing. However, the majority of research in constitutionalism focuses on the analysis of the power of the Constitution and the fundamental principles entrenched in it whereas ordinary branches of law, including civil procedure, affected by the constitutional law remains outside the scope of a deeper analysis. The author of the present paper is convinced that certain aspects of the impact of constitutional justice on such (...) branches as, in particular, civil procedure deserve deeper interest. The modest scope of the paper precludes an extensive analysis of the role of the Constitution as a fundamental binding Act and today’s abundant doctrine of Lithuania’s Constitutional Court in civil procedure. Therefore, the present paper is confined to an analysis of individual aspects of direct application of the Constitution and the doctrine of the Constitutional Court. The article analyses the power of the Constitution and its impact on the civil procedure as an Act laying down the fundamental principles binding the legislator in adopting procedural instruments and principles to be followed by courts and as a remedy for violations of rights or a tool to address loopholes and collisions of law. Courts of general jurisdiction perform the control of legitimacy of legal Acts by checking their compliance with the Constitution in individual cases and by applying to the Constitutional Court for repeal of anticonstitutional norms or by applying the Constitution as an Act of direct effect to eliminate loopholes, interpret statutes and deal with collisions of legal norms. The author believes that the fact that the courts of general jurisdiction frequently raise questions of incompliance of legal Acts with the Constitution and decisively apply to the Constitutional Court evidences a high level of legal culture and legal consciousness of the judges. That fact may also serve as a precondition for the growth of confidence in the judiciary as judicial procedures may contain no uncertainties as to the constitutionality of the statutes to be followed in litigation. (shrink)

The debate over the applicability of the concept of (distributive) justice to the international sphere appears to focus on practicalities in the agent of redistribution. The agency objection says there is no appropriate agent of (the equivalent of societal distributive) justice and its aims for the international sphere. A common response is that the agency question is merely a matter of practicality, the concepts of justice and injustice can apply to circumstances in which distributive justice may (...) not currently be practically achievable. The paper argues that this response is based on a particular and contentious (in the debate) understanding of distributive justice as focused on outcomes rather than treatment by specific types of agents. A number of problems with that concept of justice are adduced and the alternative concept set out. Rejecting the agency objection based on an assumed concept of justice to which those making it would not obviously subscribed begs the question against them. (shrink)

Writers on organisational change often refer to the cosmology of Heraclitus in their work. Some use these references to support arguments for the constancy and universality of organisational change and the consignment to history of organisational continuity and stability. These writers misunderstand the scope of what Heraclitus said. Other writers focus exclusively on the idea that originated with Heraclitus that the universe is composed of processes and not of things. This idea, which has been particularly associated with Heraclitus’s thought (...) from the time of Plato, does indeed provide a rich source of insights into organisational analysis, not least the current trends towards giving proper attention to processual studies of organisational change. Yet there is some uncertainty as to whether Heraclitus actually said that the universe was composed exclusively of processes rather than things, and even if that was what he thought, he intended his ideas on flux to be understood not in isolation but in the context of other aspects of his cosmology. Writers on organisational change seldom make reference to this wider context. Heraclitus was a rational but also a religious thinker. A central element in his thought was the notion of divine Justice, which to a Greek of his era meant the order of the universe. Remote as his Olympian theology may seem today, it sets a crucial and entirely rational context for understanding his ideas about flux. It means that ideas about continuity and stability were quite as important in Heraclitus’s cosmology as his more commonly quoted ideas about change. This paper sets out an overview of Heraclitus’s philosophy, insofar as it appears to have potential relevance to organisational analysis, and discusses how far it supports or contradicts the ideas that organisational change scholars have drawn from it. (shrink)

I have shown here the different roles that sympathy plays in the accounts of justice in the Treatise and Enquiry. In the former work, a redirected sympathy naturally extends our concern, and subsequently our moral approval or blame, to all those included within the scope of the rules of justice. In the Enquiry, we find this same progress of sentiments, but Hume’s introduction of the sentiment of humanity allows him to make a stronger case for the importance (...) of those virtues that are useful, particularly the virtues of justice. The command of our esteem and our moral approval of justice secure a place for justice at the heart of Hume’s ethics. This does not entail, however, that other useful virtues are not also essential. Benevolence and the care of children, friendship, and gratitude not only help to sustain sociability, but they are essential for living a properly human life. (shrink)

In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in (...) terms of singularity against a plural background. On their view, justice is one fundamental value amongst a plurality of fundamental values. The purpose of my thesis is to establish that the pluralist conception of justice’s narrowness is theoretically significant and true. To establish its theoretical significance, I argue that proper attention to the ways in which different understandings of narrowness inform the work of contemporary egalitarians explains a considerable amount of disagreement between them concerning the content and scope of distributive justice. On the one hand, I’ll argue that if we understand justice’s narrowness in the manner Cohen and other pluralists do, i.e., understand a conception of justice to be a conception of a particular fundamental value, then both luck-egalitarianism and the claim that justice extends to the personal context are compelling. On the other hand, I’ll argue that if we understand justice’s narrowness in a contextual manner, i.e., understand justice to comprise one or more all-things-considered principles adopted for the institutional context, then both luck-egalitarianism and the claim that justice extends to the personal context prove implausible. To establish the truth of the pluralist conception of narrowness, I argue first, that the contextual understanding is only plausible if fairness should be understood procedurally instead of substantively; and second, that substantive fairness cannot be eliminated, as specifying the content of procedural fairness requires a substantive criterion. The upshot is that justice’s narrowness is best understood in terms of singularity against a plural background, rather than in terms of context specificity. (shrink)

Struggles over precious resources such as oil, water, and land are increasingly evident in the contemporary world. States, indigenous groups, and corporations vie to control access to those resources, and the benefits they provide. These conflicts are rapidly spilling over into new arenas, such as the deep oceans and the Polar regions. How should these precious resources be governed, and how should the benefits and burdens they generate be shared? Justice and Natural Resources provides a systematic theory of natural (...) resource justice. It argues that we should use the benefits and burdens flowing from these resources to promote greater equality across the world, and share governance over many important resources. At the same time, the book takes seriously the ways in which particular resources can matter in peoples lives. It provides invaluable guidance on a series of pressing issues, including the scope of state resource rights, the claims of indigenous communities, rights over ocean resources, the burdens of conservation, and the challenges of climate change and transnational resource governance. It will be required reading for anyone interested in natural resource governance, climate politics, and global justice. (shrink)

In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of (...) any relevant facts, there is no question in law but that Kenneth Murray was liable to be, and actually should have been, convicted. Nonetheless, the trial judge concluded that Murray’s alleged belief, that his actions were required by his duty to his client, raised a reasonable doubt about his intention to obstruct justice and entitled him to be acquitted. -/- In his reasons for judgment, the trial judge analyzes mens rea as if there is a “color of right” defense to the offense of obstruction of justice. In law, however, no such defense exists to this offense. Consequently, even if Mr. Murray did “honestly believe” that he had a duty to his client not to disclose the existence of the video tapes, that belief could not provide him with an exculpatory defence. In Canada, pursuant to common law and section 19 of the Criminal Code, mistakes of law do not excuse accused persons from responsibility for criminal conduct in the absence of a statutory exception. No exception exists for the offense of obstruction of justice. Yet the Crown did not choose to appeal and thereby signaled its acceptance of the legal analysis adopted by the trial judge. By contrast, if the analysis proposed in this piece had been adopted, the Crown should have prevailed at trial and, if unsuccessful at trial, would have had a right of appeal on a question of law. -/- At least two tendencies converge as significant influences shaping the outcome in the Murray case. The central tendency, discussed in Part I of this article, is the trial judge’s treatment of the accused’s alleged mistake about his legal duty as if it were a mistake about a question of fact which therefore could give rise to a reasonable doubt about intention or culpable awareness. This approach to mistaken beliefs ignores the distinction between mistakes of law and mistakes of fact, and then characterizes all mistakes as mistakes of fact. Unfortunately, this is not uncommon in the case law. In recent years however, as explained below, the judiciary has rejected that approach in a number of leading cases and ruled that mistakes which are actually mistakes about the meaning, scope, or application of the law are subject to the general rule and do not provide an accused with an exculpatory defense. The relationship between mistake of law and mens rea in Canadian criminal law has also been the subject of critical scholarly comment in Canada in recent years. The Murray decision provides evidence that, despite clarification by the Supreme Court, in some lower courts the unrefined approach to mistaken belief continues to shape the legal analysis of criminal culpability, even when the mistaken belief is overtly a belief about the law. This will not change until the proper characterization of mistaken beliefs as legal or factual becomes a deliberate and common-place aspect of case analysis at the trial court level. -/- The other tendency, discussed in Part III of this article, is one that often appears as a companion to the first - the judicial tendency to perceive and invoke analytical legal ambiguity in favour of accuseds more readily in cases in which the impugned conduct involves the discretionary exercise of authority which, when used appropriately, is fully legitimate and essential to the normal functioning of the existing socio-legal order. Of course, courts are strongly influenced by the arguments put to them by counsel. And counsel, acting on behalf of client groups with particular group interests may, consciously or unconsciously, favour the development of those lines of analysis which are protective of that interest or associated institutional interests. One of the reasons for scrutinizing the Murray case is that it provides a concrete context for discussion of those issues in relation to an actual decision made by Crown prosecutors. The case provides an occasion to examine a specific example of the exercise of prosecutorial discretion, its implications for the administration of criminal justice, and its broader potential impact on the public interest. [See also errata in UNBLJ 2002 volume 52 at pp 309-310.]. (shrink)

The present proposal is an approach to the vision, cosmogony and philosophy of the Totonacapan people, and particularly with the inhabitants of the Totonacapan region in Veracruz Mexico, a town whose wisdom is manifested to this day, in the conservation of customs and traditions , as well as the hierarchy of collective desire that seeks health, well-being and peace in the region, are guides in the evolution of their cultural processes, where a closeness, respectful and deep with Mother Nature stands (...) out. This wisdom by the Council of Elders, transmitted to the new generations, by the Supreme Council of Totonacapan who seek share the basis to understand and conceive the current world, from the ancestral vision and cosmogony to identify their space, thought, spirituality and in the building your social context. In the Totonacapan region, the first pre-hispanic population concentrations were located around 1259 to 1311. Already by the year 1450, there is a record of incursions and the conquest of Totonaca territory, by the Mexica, establishing a relationship of domain and subordination. As a result of the presence of "Mexica" in the Totonaco territory, there was an imposition of customs and language, since in some areas they begin to speak in Nahuatl, resulting in the presence of a bilingualism (Nahuatl-Totonac) , situation that persists, until the encounter with the Spaniards in the year of 1519. At present, the Totonacapan region includes the area that extends from the Cazones River to the north, to the towns of Gutiérrez Zamora and Tecolutla, in the State of Veracruz in Mexico. 2 The importance of the document is that it constitutes an invitation to deepen and understand the vision of the inhabitants of Totonacapan, in the construction of their social context and their connection with nature, as part of an ancient culture, which creates and recreates their vision, in the search for the feeling of belonging and as an inheritance of the children of thunder (Tajin), as well as the need to preserve the benefits that nature itself offers them, seeking a peaceful and harmonious coexistence, in the social and environmental environment. However, the preservation of its history, tradition and philosophy of life, contrast with public policy strategies, particularly in the social sphere, and which are aimed at achieving economic development in the fight against multidimensional poverty and marginalization, all Once they have not incorporated into them, the feeling and living of the relationship between individual and nature, as the guiding axis, of the philosophy of the Totonacapan people. What is sustainability for the people of Totonacapan? What is social justice in the search for sustainability? And what is your concept of justice in sustainability and human development? From the vision and philosophy of the people of Totonacapan, as part of the history and tradition of the children of thunder "Tajin" and in whose worldview, he is responsible for regulating the rain, climate and life of the people of the region. How does the people of Totonacapan live and live in the face of the maelstrom of actions that, from public policy, that seek human development? How do you adjust, your way of life and how do you adapt to the requirements, which from the perspective of justice, are required to contribute to the objectives of the 2030 development agenda? This document is an effort to learn and recognize one of the most important millenary cultures in Mexico, in the construction of a more inclusive vision of the social development of the Totonacapan people, which invites us to reflect on the direction and scope of this response. (shrink)

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts (...) to secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

Analysing the demands of global justice for the distribution of resources is a complex task and requires consideration of a broad range of issues. Of particular relevance is the effect that different distributions will have on global population growth and individual welfare. Since changes in the consumption and distribution of resources can have major effects on the welfare of the global population, and the rate at which it increases, it is important to establish meaningful principles to ensure a (...) just distribution of resources. In order to establish such principles we must consider the scope of any reproductive rights, and rights to other goods, such as food and health care, as well as examine the extent of duties correlating to those rights. In addition to the impact that distributions of global goods have on the welfare of current generations, it is also important to consider what duties we have, if any, to future generations. -/- The final version of this paper is available to download here: http://dx.doi.org/10.1002/9780470015902.a0024140. (shrink)

Levinas did not present any new ethical theories; he did not even give any normative recommendations. But his phenomenological investigations help us to understand how the idea of ethics emerges and how we try to cope with it. The purpose of this paper is to suggest some implications from a reading of Levinas on how ethical challenges are handled within a management perspective. The paper claims that management, both in theory and in practice, is necessarily egocentric and thus ethically biased. (...) Therefore, ethics, defined as the idea that it is possible to do otherwise than pursue one's own interest, must have its source outside the scope of management. Levinas identifies this source as the call for responsibility from the Other, beyond the reach of managerial control. He also suggests how this idea of ethics is put into practice, especially in economic life: the existence of money makes it both possible and necessary to compare unique and incomparable others. Management tools may be used in the service of always more justice, as it also may be used for the opposite purpose. Instead of trying to draw a normative conclusion from Levinas, we may distinguish between two ways of experiencing reality: one through language and knowledge, covering both descriptive and normative knowledge, including business ethics, and the other through the particular events of encounters, from where this knowledge is continuously questioned through the call for responsibility, and thereby may provide possibilities for continuous improvements towards always more justice. (shrink)

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing (...) conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'. (shrink)

Can contractualism yield a suitably egalitarian conception of social justice? G.A. Cohen has forcefully argued that it cannot - that one cannot be both a contractualist and an egalitarian. Cohen presents a number of arguments to this effect, the particular target of which is John Rawls’s version of contractualism. In this article, I show that, contra Cohen, the Rawlsian model of contractualism, and the ideal of reciprocity on which it relies, can coherently yield egalitarian principles of distributive (...) class='Hi'>justice such as the difference principle. I also defend Rawls from the further claim, pressed by Cohen and others, that relying on the idea of mutual or reciprocal advantage will leave the infirm or severely handicapped outside the scope of egalitarian justice. I argue that Rawlsians can account for the claims that the infirm or severely handicapped have on others in terms of a natural duty to aid. Key Words: G.A. Cohen • John Rawls • duty to aid • incentives • inequality • difference principle • social contract. (shrink)

The debate about global distributive justice is characterized by an often stark opposition between universalistic approaches, advocating an egalitarian global redistribution of wealth (Beitz, Pogge, Barry, Tan), and particularistic positions, aiming to justify a restriction of redistribution to the domestic community (D. Miller, R. Miller, Blake, Nagel, Rawls). I argue that an approach starting from the deliberative model of democracy (Habermas) can overcome this opposition. On the one hand, the increasingly global scope of economic interactions implies that the (...) range of individuals concerned with the redistribution of wealth should also be increasingly universal. On the other hand, the need for democratic deliberation refers to the fact that demands of justice should be contextual and should take into account the particular circumstances, needs and values of the people concerned. Both concerns can be realized simultaneously only within a multi-layered democratic system in which redistribution is a concern at the domestic, the international and the global level. (shrink)

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this (...) bargaining solution, the baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

The task of corrective justice in Aristotle’s ethics is the rectification of harms or injuries resulting from voluntary or involuntary interactions between persons. However, the scope of this form of justice is not clear. In its widest conception it would include all harms done to a person against her will and without her fault. According to a narrower conception, instead, it is only an injury caused by an unjust or wrongful action that requires compensation. But in fact (...) Aristotle distinguishes several concepts of unjust action. As a result, the narrower conception appears in various versions which are discussed in this paper. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:177 SOCIAL JUSTICE: FROM RAWLS TO HUME It is said that "the implacable Professor," John Langshaw Austin, once set as a final examination question: "'Power polities': what other sorts of politics are there?" Had Hume been requested to discourse about social justice, he might well have responded in a parallel way: 'What non-social kinds is the insertion of that adjective intended to exclude from consideration?1 For, as (...) Hayek has urged, Hume chose an unfortunate label for the second of the two kinds of virtue distinguished at the beginning of Part II of Book III of the Treatise. Certainly "the circumstances and necessities of mankind," which give rise to the "artifice or contrivance" of what Hume calls artificial virtues, are "the circumstances and necessities" of social living; something which, he would always be the first to insist, is altogether natural to our species. So, if only he had thought to label this sort of virtues 'social' rather than 'artificial,1 he would not have had to end that Section I with an awkward final paragraph protesting that, "Tho' the rules of justice be artificial they are not arbitrary. Nor is the expression improper to call them Laws of Nature; if by natural we understand what is common to any species, or even if we confine it to mean what is inseparable from the species." In fact, it is just worth remarking, no contemporary ever would have asked Hume for his views about social justice; or, at any rate, not in those words. For, as my friend Roland Hall tells me, the first employment known to the revisers of the Oxford English Dictionary of what has since become one of the most popular of political cant phrases dates only from 1861. It occurs in Utilitarianism, at pp. 57-58 178 in the Everyman edition. There J. S. Mill first insists: not that society should treat all equally well, period; but "that society should treat all equally well who have deserved equally well of it." He continues: "This is the highest abstract standard of social and distributive justice; towards which all institutions, and the efforts of all virtuous citizens, should be made in the utmost possible degree to converge." Mill himself says nothing here, or perhaps anywhere, to explain what the adjective is supposed to be doing. It seems to have been a favourite, which he was the first to preface, with equally little particular reason given, to several other nouns. So if, as seems most likely, it is intended to be no more than a superfluous synonym for 'distributive,' then it becomes important for us to notice that to Mill, as to so many of his successors, the scope of "social and distributive justice" is universal: it is what determines who is the rightful possessor of any good whatever. Thus, in contemporary courts of distributive justice, everything is up for grabs. Yet it was not ever thus, and we ought to demand reason why it should have become so. Aristotle in the Nicomachean Ethics, was, so far as we know, the first philosopher to distinguish distributive from corrective justice. He ruled that the former "is exercized in distributions of honour or wealth or of anything else which is to be divided among those who have a share in the constitution; since in these it is possible for one to have an allocation either equal or unequal to that of another" (1130B30-4). A generation dazed by the drum-beat rhetoric of equality and social justice will no doubt be 179 inclined to construe these words as making the very modern assumption that there has been an active and collective distribution of all goods, and ought now to be an active and collective redistribution. Yet such anachronistic assumptions are ruled out as Aristotle proceeds: first, to entertain the oligarchic suggestion that the relevant criterion of entitlement might be the possession of wealth; and then to conclude that this "Justice in distributing common property... when a distribution is made from the common stock... will follow the same ratio as that between the amounts which the several persons have contributed to the common stock" (1131A 25-9 and 1131B 28-33). The common... (shrink)

Global-scale solar geoengineering raises critical ethical questions, including questions of distributive, procedural, and intergenerational justice. Although geoengineering is sometimes framed as a response to injustice, insofar as it might benefit those most vulnerable to climate-related harms, geoengineering also has the potential to exacerbate climate injustice, especially if control of research, governance, and potential plans for deployment remains concentrated in the hands of a few. The scope and scale of solar geoengineering, the diverse concerns it raises, and the lack (...) of consensus surrounding it pose particular challenges for justice. I argue that addressing these challenges requires an inclusive, dialogical approach that takes seriously diverse perspectives, particularly the perspectives of those who are most affected by climate change and those who have had the least voice in decisions surrounding it. The concept of recognition––as developed in the work of Nancy Fraser, David Schlosberg, and others––offers a normative ground for this approach and can help guide the development of institutions and practices directed toward geoengineering justice. (shrink)

The principle of non-maleficence, primum non nocere, has deep roots in the history of moral philosophy, being endorsed by John Stuart Mill, W. D. Ross, H. L. A. Hart, Karl Popper and Bernard Gert. And yet, this principle is virtually absent from current debates on social justice. This article suggests that non-maleficence is more than a moral principle; it is also a principle of social justice. Part I looks at the origins of non-maleficence as a principle of ethics, (...) and medical ethics in particular. Part II introduces the idea of non-maleficence as a principle of social justice. Parts III and IV define the principle of justice as non-maleficence in terms of its scope and coherence, while Part V argues that the motivation of not doing harm makes this principle an alternative to two well-established paradigms in the literature on social justice: justice as mutual advantage (David Gauthier) and justice as impartiality (Brian Barry). (shrink)

The Law is a grim, unsmiling thing, Not Justice, though. Justice is witty and whimsical and kind and caring.Rohinton Misuy, A Fine Balance;When the South Carolina Supreme Court upheld the conviction and twelve-year sentence of Regina McKnight, it affirmed that state 's commitment to bring the full force of the law to the punishment of pregnant women who use drugs. Prosecutors linked the delivery of Ms.McKnight 's stillborn baby to her use of cocaine, and argued successfully for a (...) finding of homicide by child abuse. The McKnight judgment follows the South Carolina Supreme Court decision in the case of Cornelia Whitner. Whitner was sentenced to prison for illegal drug use during pregnancy on the grounds that the viable fetus is a child under the state s criminal child endangerment statute.On the basis of constitutional concerns such as due process and privacy, worries that criminal prosecutions may thwart public policy goals such as keeping families together and promoting the health of women and children, and findings that legislatures did not intend to include the fetus in the scope of drug laws or child abuse and neglect laws, criminal prosecution has been resisted in most jurisdictions. (shrink)

Liberalism and ecologism are widely regarded as incompatible. Liberalism and (anthropocentric) environmentalism might be compatible but liberalism and (non-anthropocentric) ecologism are not. A liberal state cannot promote policies for ecological or ecocentric reasons. An individual cannot be both a liberal and a committed advocate of ecologism. This paper challenges these claims. It is argued that Rawls’s ‘political liberalism’ is compatible with ecologism and, in particular, the idea of ‘ecological justice’. A Rawlsian state can promote ecological justice. A (...) committed political liberal can also be a committed advocate of ecological justice. The argument is developed through a close textual examination of Rawls’s brief discussion of our duties to ‘animals and the rest of nature’. Rawls leaves far more scope for liberal ecologism than his critics have suggested. The proposed version of liberal ecologism is defended against charges of substantive and procedural bias toward humans and against nonhuman nature. Liberal ecologism may not be enough for some ecologists-especially ‘ecological constitutionalists’ seeking constitutional protection for nonhuman nature-but it is a serious and defensible political and moral theory. (shrink)

Direct comparison of the ostensibly competing principles embedded in rival theories of Justice is often complicated by differences of view as to the nature and scope of the concrete Judgments a theory of Justice must attempt to illumine. Aristotle's official view, for example, is that Justice is a disposition or character trait. This commits him to scrutiny of Judgments about the Justice of particular actions since it is actions which serve to reveal, and to (...) help form, the disposition in question. But it also stands in the way of any proper recognition of the fact that the competing principles of Justice he examines apply in the first instance neither to actions nor to dispositions but to states of affairs or situations: actions are Just for Aristotle when they help to bring about a Just distribution. (shrink)

This essay examines the central claim of Caney's book, viz., that there is no reason to treat the global sphere differently from the domestic sphere. It suggests that there is much that is valuable in having relatively autonomous, differentiated political communities, which both versions of Caney's scope argument ignore. This insight is explored via a critical assessment of both versions of Caney's scope argument; version 1, which is focused on civil and political rights (and argues that that they (...) should be universalized) and version 2, which applies to theories of distributive justice (particularly Caney's global equality of opportunity principle). (shrink)

BackgroundThe expectation of pandemic-induced severe resource shortages has prompted authorities to draft and update frameworks to guide clinical decision-making and patient triage. While these documents differ in scope, they share a utilitarian focus on the maximization of benefit. This utilitarian view necessarily marginalizes certain groups, in particular individuals with increased medical needs.Main bodyHere, we posit that engagement with the disability critique demands that we broaden our understandings of justice and fairness in clinical decision-making and patient triage. We (...) propose the capabilities theory, which recognizes that justice requires a range of positive capabilities/freedoms conducive to the achievement of meaningful life goals, as a means to do so. Informed by a disability rights critique of the clinical response to the pandemic, we offer direction for the construction of future clinical triage protocols which will avoid ableist biases by incorporating a broader apprehension of what it means to be human.ConclusionThe clinical pandemic response, codified across triage protocols, should embrace a form of justice which incorporates a vision of pluralistic human capabilities and a valuing of positive freedoms. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its (...) implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

THE NUMBINGLY HIGH RATE OF INCARCERATION IN THE UNITED STATES poses a challenge to our images of justice, particularly given the indirect consequences for families and communities. Two key theological sources for justice, the lex talionis and the interpretation of Anselmian satisfaction, offer key insights for adjudicating between restoration and retribution. Yet a Christian ethical response capable of addressing mass incarceration must also examine the collateral consequences of imprisonment. This essay ultimately argues for an image of justice (...) that, while sensitive to restoration and retribution, is also attentive to community membership and the full scope of human relationality. (shrink)

In the introductory chapter of this book I firstly argue that the contemporary debate on justice focuses exclusively on matters of justice pertinent to nearly just societies; in the second place, I suggest that radically unjust societies generate problems of justice that cannot be solved by the naive application of current theories of justice. It follows that these problems of justice for unjust societies demand to be discussed in their own right. -/- In what follows, (...) just such an attempt will be made to extend the scope of the contemporary debate on justice by developing a theory of justice for a radically unjust society. The chapters seek to remedy the several deficiencies of the contemporary debate on justice. -/- Thus, in Chapter Two suggestions will be made on how to identify injustice so that people can learn to see their experiences of suffering, degradation, humiliation, and oppression in terms of justice and injustice. In Chapter Three a standpoint will be developed on the relation between universal and particular elements in a theory of justice. Chapter Four serves two functions that are intertwined and cannot be easily separated. It functions first as a guide for making the second transition involved in the identification of injustice: to articulate theoretically the experiences of injustice. The second function is to provide a method for the design, construction, and justification of a theory of justice for a specific society. -/- In Chapter Five the relation between considerations of justice and forms of political action for the transformation of injustice into justice will be explored. Chapter Six then investigates the possible role that cultural, linguistic, ethnic, and religious pluralism has to play in theorizing about justice, and it asks how justice can be secured for every person in such a society. In the concluding section of Chapter Six the need for an ongoing dialogue between members of a political community is emphasized as the best way for settling disputes on matters of justice. (shrink)

One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life, these commitments suggest that liberal societies should be especially concerned to address vulnerabilities of individuals regarding the development and maintenance of their autonomy. In this chapter, we develop an account of what it would mean (...) for a society to take seriously the obligation to reduce individuals’ autonomy-related vulnerabilities to an acceptable minimum. In particular, we argue that standard liberal accounts underestimate the scope of this obligation because they fail to appreciate various threats to autonomy. (shrink)

The purpose of this article is to explore the concept and scope of public health and to argue that particularly in low-income contexts, where social injustice and poverty often impact significantly on the overall health of the population, the link between public health and social justice should be a very firm one. Furthermore, social justice in these contexts must be understood as not simply a matter for local communities and nation-states, but in so far as public health (...) is concerned, as a matter of global concern and responsibility. The interpretation of the scope of public health by any particular nation is I believe contingent on the current socio-political context and the conception of social or distributive justice that underpins this context. Furthermore I will argue here that the link between public health and social justice ought to be founded on a conception of social justice that adequately addresses issues of social injustice, and patterns of systematic disadvantage, that contribute to ill health and that so commonly prevail in many low- and middle-income social contexts. (shrink)

Standard liberal theories of justice rest on the assumption that only those beings that hold the capacity for moral personality have moral status and therefore are right-holders. As many pointed out, this has the disturbing implication of excluding a wide range of entities from the scope of justice. Call this the under-inclusiveness objection. This paper provides a response to the under-inclusiveness objection and illustrates its implications for liberal theories of justice. In particular, the paper defends (...) two claims: first, it argues that both the CMP and the potential capacity for moral personality are bases of moral status. This pluralist account of the basis of moral status can broaden the scope of justice and provide a solid philosophical justification for the common-sense intuition that almost all human beings have a moral status that is different and superior to that of nonhuman animals. Second, contra what is commonly suggested, it contends that potential and actual moral persons have different and unequal rights, other things being equal. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its (...) implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

Modern society is characterised by the constant production, commodification, and distribution of risks, which has also become an increasingly important political issue. Given the commodification and the resulting distributability of risks, risks have become an issue of distributive justice instead of mere reason for precautionary concerns. This is particularly pronounced in the case of financial risks. In this article, we analyze how choices related to distributive justice inform the systems of risk distribution. Our main aim is to apply (...) the Rawlsian notion of “division of moral labor” in the context of financial risks. By an analysis of the scope of financial risks, we will show that the libertarian choice of division of moral labour rests on an unnecessarily narrow idea of the scope of the distribution of risks. (shrink)

Many anticosmopolitan Rawlsians argue that since the primary subject of justice is society's basic structure, and since there is no global basic structure, the scope of justice is domestic. This paper challenges the anticosmopolitan basic structure argument by distinguishing three interpretations of what Rawls meant by the basic structure and its relation to justice, corresponding to the cooperation, pervasive impact, and coercion theories of distributive justice. On the cooperation theory, it is true that there is (...) no global basic structure, but the basic structure turns out to be only an instrumental condition for realizing justice, and not an existence condition that must be met before demands of justice arise. On the pervasive impact and coercion theories, the basic structure is indeed an existence condition, but there exists a global basic structure. The upshot is that on any plausible interpretation of Rawls's account of the basic structure, Rawlsian justice is global in scope. (shrink)

This thesis demonstrates that by redefining the notion of nationhood and by treating nations and national minorities equally with respect to self-determination, it is possible to formulate basic principles of the international legal system, which would promote territorial integrity and stability of multinational states better than the existing system. I demonstrate that theories dealing with self-determination based solely on human rights or cases of secession address the problem with inadequate tools. I also show that minority-rights approaches do not accommodate self-determination (...) claims of national groups properly. ;I offer a new idea of nationhood as a political culture of self-determination with which people self-identify. It includes beliefs about co-nationals' mutual membership in a political community, which is perceived by them as having a self-determining power. Definitions of nationhood which use the notion of culture, but not political culture, are both too inclusive---they fail to distinguish between national and ethnic groups, and too exclusive---they overlook multicultural nations. ;Contested secession has received much attention in recent scholarship. Since, however, contested secession is based upon the disagreement of two or more national groups concerning their self-determination within particular boundaries, I consider secession within the scope of a systematic approach to the regulation of relations among national groups. I propose that international legal principles should be based upon the recognition of states and national groups as the two basic elements of the international system, and the equal recognition of nations as political cultures of self-determination. I interpret self-determination as a claim to equality within the boundaries a multinational state, and formulate a criterion of minimal justice for states. It requires that states respect equality of self-determination of national groups on their territory. National groups can secede from multinational states either by mutual agreement, or if their they are persistently denied a status with respect to self-determination equal to that of other national groups. (shrink)

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

This dissertation applies the method of Platonic recollection to the legitimacy of political power: the reason for it, what distinguishes political power from other kinds of power, the sovereign's right to political power, and the scope of the sovereign's authority. My aim is to disclose the subject in its essential, intrinsic determinations. ;I begin with an historical situation in which a crisis of legitimacy precipitated by disagreements over the kind of warrant that is necessary and sufficient to establish a (...) particular sovereign's authority motivated philosophical reflection on the legitimacy of political power. One faction insisted that sovereigns only acquire de jure legitimacy by legitimate succession. A second faction asserted that subjects have a moral obligation of allegiance to any sovereign who can impose order. A third faction argued that a government whose legitimacy rests on the consent of the people has legitimacy on de jure grounds. I develop the consequences of opposed assumptions behind these opinions with a view to combining the truths expressed in them in an account of political power. ;This dissertation focuses on Locke's opinion that consensus populi is the only effective principle for establishing the power of those that govern and determining the obedience of subjects. The question is, What condition must a consensus populi fulfill to provide a reason sufficient to legitimize a sovereign's de facto authority? A people associated through a consensus which is a unifying cause of a body politic has the right to form a political association and establish a government to preserve it. A consensus populi which expresses the common element that reconstitutes a multitude into a political community is a unifying cause of a body politic. People who have become conscious of being related by a common will to bring about in human affairs a true conception of justice have in their consensus an authoritative consensus populi. ;I argue that Locke gives an apologia for a political community formed from an authoritative consensus populi, and thus leads philosophers to a genuine insight into the legitimacy of political power. (shrink)

The twentieth-century Dutch philosopher Herman Dooyeweerd left behind an impressive canon of philosophical works and has continued to influence a scholarly community in Europe and North America, which has extended, critiqued, and applied his thought in many academic fields. Jonathan Chaplin introduces Dooyeweerd for the first time to many English readers by critically expounding Dooyeweerd's social and political thought and by exhibiting its pertinence to contemporary civil society debates. Chaplin begins by contextualizing Dooyeweerd's thought, first in relation to present-day debates (...) and then in relation to the work of the Dutch philosopher Abraham Kuyper. Chaplin outlines the distinctive theory of historical and cultural development that serves as an essential backdrop to Dooyeweerd's substantive social philosophy; examines Dooyeweerd's notion of societal structural principles; and sets forth his complex classification of particular types of social structure and their various interrelationships. Chaplin provides a detailed examination of Dooyeweerd's theory of the state, its definitive nature, and its proper role vis-a-vis other elements of society. Dooyeweerd's contributions, Chaplin concludes, assist us in mapping the ways in which state and civil society should be related to achieve justice and the public good. "This superb study simultaneously introduces and critically engages the work of one of the most important and neglected Christian thinkers of the twentieth century, while showing its connection to the pluralist tradition and bringing it to bear on the contemporary debate about civil society. More than just providing an overview of Dooyeweerd's thought, it seeks to advance his intellectual project and show its contemporary relevance. It is essential reading not only for those interested in the neo-Calvinist tradition, but for anyone interested in Christian social thought, structural pluralism, or the nature and fate of civil society." --_Kenneth L. Grasso, Texas State University _ "The subtlety, scope, and insightfulness of Dooyeweerd's social philosophy were unparalleled among Protestant thinkers in the past century. Yet his contributions are not well known. Jonathan Chaplin promises to remedy this neglect. His lucid and masterful study brings a new and transformative voice to contemporary debates about the future of a democratic society." --_Lambert Zuidervaart, Institute for Christian Studies and University of Toronto_ "Finally, an authoritative book that brings to brilliant light and life Herman Dooyeweerd's Christian philosophy of law, politics, and society. For the past half century, the profound and original teachings of this prolific Dutch sage have been lost on most readers. Jonathan Chaplin has rescued Dooyeweerd from his own obscure prose, poor translations, and cultic mystique to reveal his astonishing and engaging insights into our lives as persons and peoples, rulers and citizens, preachers and parishioners, parents and children. This will be the go-to book on Dooyeweerd for many years to come." --_John Witte, Jr., Emory University_ "Herman Dooyeweerd was both deep and original. Much of his writing is an articulation of rather undeveloped lines of thought in his Dutch predecessor, Abraham Kuyper. In the course of his exposition, Chaplin effectively highlights Dooyeweerd's significance for a theory of civil society and for present-day social theory in general." --_Nicholas Wolterstorff, Yale University and the Institute for Advanced Studies, University of Virginia_. (shrink)

Derek Parfit has argued that prioritarianism “naturally” has global scope, i.e. naturally applies to everyone, irrespective of his or her particular national, state or other communal affiliation. In that respect, it differs from e.g. egalitarianism. In this article, I critically assess Parfit's argument. In particular, I argue that it is difficult to draw conclusions about the scope of prioritarianism simply from an inspection of its structure. I also make some suggestions as to what it would take (...) to argue that prioritarianism has either global or merely domestic scope. (shrink)

Gender representation in academic and professional settings is crucial for diversity and inclusivity. Editorial boards of scholarly journals shape research priorities, influencing global knowledge flow. In obstetrics and gynecology, with a focus on women’s health, board composition is of particular significance. This paper explores gender representation in international obstetrics and gynecology journal editorial boards, addressing potential disparities. The study adopts a cross-sectional design, analyzing the gender composition of editorial boards in global obstetrics and gynecology journals. A comprehensive search strategy (...) identified relevant journals, using databases and manual searches. Inclusion criteria ensured journals’ language of use and disciplinary scope within obstetrics and gynecology. Ethical considerations prioritized privacy and confidentiality, with data extracted systematically. Genderize.io aided in gender determination of the board members. At the time of writing, among 1175 editorial members from 20 journals, 44.8% are females. Representation varies across roles: editor-in-chief (27.27% female), deputy/executive positions (43.33% female), senior/specialized positions (50.66% female), wider/general positions (45.89% female), nonacademic positions (36% female), external academic positions (19.56% female), honorary/founding positions (33.33% female), and administrative positions (31.03% female). This study contributes a comprehensive analysis of gender representation in obstetrics and gynecology journal editorial boards. Persistent disparities across roles underscore the need for targeted interventions to foster diversity and equity. Ethical considerations emphasize the importance of addressing these disparities for social justice and research integrity. Recommendations to guide journals in fostering inclusive editorial practices, contributing to a more equitable landscape in obstetrics and gynecology research. (shrink)

It is often thought that Aristotle restricts the scope of justice to existing communities. Against prominent treatments of this problem, this paper argues that while Aristotle does indeed restrict the scope of justice, he recognizes eudaimonic reasons to cultivate co-operative and benevolent relations and to eschew manipulative and exploitative ones. His limitation of justice to existing communities thereby avoids the unsavory implications often attributed to it.

This paper is about difficulties in the normative justification of an unconditional basic income-difficulties which are related to the scope of egalitarian justice as well as the dimension(s) of the equalisandum. More specifically, it is contended that Philippe Van Parijs’s justification derived from the principle of Maximin real freedom runs into problems in environments in which scarcity does not offer a conceptual basis for a satisfactory account of social interdependencies. We discuss the following cases: (i) Scarcity is seen (...) as a general equilibrium phenomenon in a dynamic environment. (ii) Social forces of production (particularly non-rival and only partially excludable inputs) play a role in creating wealth. (iii) Informal exclusion mechanisms and patterns of ‘local justice’ matter. (iv) Certain forms of heterogeneity play a role. (shrink)

Seventeenth century philosophers were pre-occupied with the justification for the use of coercion; the nature and scope of the citizen's duty to obey the law was a central concern. The typical philosophical accounts which attempt to articulate the conditions under which a citizen has an obligation to obey the law tend to fall into two camps: those that ground the obligation to obey the law in consent, and those that ground it in benefits received, or possibly a combination of (...) both. More recently, however, some have argued that questions about the obligation to obey the law have been eclipsed by questions about distributive justice. Many leading figures in modern analytic jurisprudence remain concerned with the nature of political obligation. Joseph Raz is a current-day theorist who has recognized the importance of this issue and the need for an answer that is not over-simplistic. Recently Raz has re-examined his account in ?The Problem of Authority: Revisiting the Service Conception, - making an exploration of his theory particularly timely. Raz argues that all governments claim morally legitimate authority, but not all of them actually possess it. His theory seeks to give us the tools by which to distinguish the legitimate claims from imposters. The complexity and flexibility of Raz's understanding of the nature and scope of the individual's obligation to obey the law accounts for its appeal. Upon closer inspection, however, difficulties emerge. I argue that Raz's theory is plagued by a deep-seated tension between his two central theses: the pre-emption thesis and the normal justification thesis. While I explore both theses in further depth, the gist of the pre-emption thesis is that it requires a pre-commitment to authority in order for the law?s mediating role to be performed. Conversely, the normal justification thesis invites a case by case assessment of the bindingness of norms. I argue that instead of offering us a unified conception of authority, Raz vacillates unstably between two models - a consent-based model and a benefits received model. I demonstrate that this tension is ineradicable because the theses are connected to divergent models of law and incompatible methodologies. (shrink)