This article sets out to counteract HM Evans’s “fair’s fair argument” in support of abolishing veto to research participation. Evans’s argument attempts to assimilate ordinary clinical practice to clinical research. I shall refer to this attempt as “assimilation claim”. I shall attempt to show that this assimilation, as it is carried out in Evans’s argument, is misleading and, ultimately, logically undermines the conclusion. I shall then proceed to show that when the fair’s fair argument is proposed independently of the assimilation (...) claim, Evans’s conclusion is not unavoidable and possible alternatives are equally open within the terms of the argument itself. (shrink)

This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. This book is both thought-provoking and original and as such is (...) essential reading for students of international law and legal theory. (shrink)

Using a scenario approach involving hypothetical moral decisions, the study aims to (1) compare managerial professionals' ethicality judgments with those made by the general public, and (2) ascertain the roles of perceived intensity (Jones, 1991) as well as perceived fairness of the moral issue in judgments of ethicality. While the two respondent groups made similar ratings on variables of moral intensity, fairness, and ethicality; the evaluation processes underlying their ethicality judgments were different. Empirically, the study has also established a link (...) between judgments of fairness and judgments of ethicality. (shrink)

Background. The COVID-19 pandemic necessitated drastic changes to undergraduate medical training at the University of Botswana (UB). To save the academic year when campus was locked down, the Department of Medical Education conducted a needs assessment to determine the readiness for emergency remote teaching (ERT) of the Faculty of Medicine, UB. Objectives. To report on the findings of needs assessment surveys to assess learner and teaching staff preparedness for fair and just ERT, as defined by philosopher John Rawls. Methods. Needs (...) assessment surveys were conducted using Office 365 Forms distributed via WhatsApp, targeting medical students and teaching staff during the 5 undergraduate years. Data were analysed quantitatively and qualitatively. Results. Ninety-two percent (266/289) of students and 73.5% (62/84) of teaching staff responded. Surveys revealed a high penetration of smartphones among students, but poor internet accessibility and affordability in homes. Some teaching staff also reported internet and device insufficiencies. Only WhatsApp was accessible to students and teaching staff. Conclusions. For equitable access to ERT in the future, the surveys revealed infrastructural improvement needs, including wider, stronger, affordable WiFi coverage within Botswana and enhanced digital infrastructures in educational institutions, with increased support for students. (shrink)

The ideal model of a just society defended by John Rawls entails the existence of certain institutions—those that form the basic structure of society—that guarantee citizens' basic rights and liberties, equality of opportunity, and access to material resources. Such a model also presupposes a certain account of reasonable citizenship. In particular, reasonable citizens will have a set of moral capacities and dispositions and will voluntarily support just institutions. According to Rawls, the need for such citizens is related to the following (...) important consideration in favor of a normative theory of justice: that it be stable. That is, such a theory must be capable of generating its own support over time. This means that it has to be possible for citizens to come to endorse the theory's principles of justice, integrating them into their personal conceptions of the good life. Rawls explicitly draws attention to the stability requirement on ideal theories of justice. Somewhat surprisingly, when Rawls explains how a widespread and deep moral consensus on the principles of justice might be generated in actual societies—a problem that is closely related to the issue of how such consensus could be maintained over time—he pays very little attention to the potential contribution of schools to the production of reasonable citizens. This neglect can be explained, in part, by his confidence that the functioning of just institutions will spontaneously generate, in citizens who live under them, the necessary support for principles of justice and will encourage the development and exercise of the virtues characteristic of reasonable citizens. But this confidence seems misplaced. (shrink)

Introduction By the late fifth century BCE Panini had composed the Astadhyayi, consisting of nearly 4000 rules giving a precise and fairly complete ...

Towards the general goal of generating a normative-empirical dialogue about ethics and justice, the present study explored three issues: (1) the extent to which the normative criteria of ethics and justice prescribed by moral philosophers are indeed reflected in managerial professionals' subjective beliefs of what ethical and just work behaviour ought to be, (2) the relationship between people's ought beliefs and their perceptions of actual ethical and just work behaviour, and (3) the relationship between the notions of ethics and justice. (...) To do so, a review of the normative and positive theories of ethics was carried out which revealed the key normative criteria of ethics (i.e., utility, rights, justice, principle and care) and justice (i.e., due procedure and due outcome). Using both the interview and the repertory grid procedures, key determinants of ethical and just work behaviour as perceived by the managerial professionals were generated. These determinants were used to construct the questionnaires for the assessment of people's subjective ought beliefs, and their is judgements, of ethical and just work behaviour. There were three respondent samples: managerial professionals, general public and university students. Results showed that (1) people's subjective ought beliefs closely reflected the normative standards of ethics and justice, (2) there were significant discrepancies between people's subjective ought beliefs and their perceptions of actual ethical and just work behaviour, (3) individual differences in ought beliefs had some influence on is judgements, (4) both the ought beliefs and is judgements pertaining to the notion of justice could be accounted for by measures of the other four criteria of ethics and in particular, the notion of rights. The implications of the findings for normative theories of ethics and for ethics education are discussed. (shrink)

The fair innings argument (FIA) is frequently put forward as a justification for denying elderly patients treatment when they are in competition with younger patients and resources are scarce. In this paper I will examine some arguments that are used to support the FIA. My conclusion will be that they do not stand up to scrutiny and therefore, the FIA should not be used to justify the denial of treatment to elderly patients, or to support rationing of health care by (...) age.There are six issues arising out of the FIA which are to be addressed. First, the implication that there is such a thing as a fair share of life. Second, whether it makes sense to talk of a fair share of resources in the context of health care and the FIA. Third, that 'fairness' is usually only mentioned with regard to the length of a person's life, and not to any other aspect of it. Fourth, if it is sensible to discuss the merits of the FIA without taking account of the 'all other things being equal' argument. Fifth, the difference between what is unfair and what is unfortunate. Finally, that it is tragic if a young person dies, but only unfortunate if an elderly person does. (shrink)

In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions and talents are (...) roughly equally able to use their economic liberties to develop and pursue a conception of the good. This, I will argue, is a very demanding standard that requires aggressive taxation and redistribution. (shrink)

Clinicians' work depends on sincere and complete disclosures from their patients; they honour this candidness by confidentially safeguarding the information received. Breaching confidentiality causes harms that are not commensurable with the possible benefits gained. Limitations or exceptions put on confidentiality would destroy it, for the confider would become suspicious and un-co-operative, the confidant would become untrustworthy and the whole climate of the clinical encounter would suffer irreversible erosion. Excusing breaches of confidence on grounds of superior moral values introduces arbitrariness and (...) ethical unreliability into the medical context. Physicians who breach the agreement of confidentiality are being unfair, thus opening the way for, and becoming vulnerable to, the morally obtuse conduct of others. Confidentiality should not be seen as the cosy but dispensable atmosphere of clinical settings; rather, it constitutes a guarantee of fairness in medical actions. Possible perils that might accrue to society are no greater than those accepted when granting inviolable custody of information to priests, lawyers and bankers. To jeopardize the integrity of confidential medical relationships is too high a price to pay for the hypothetical benefits this might bring to the prevailing social order. (shrink)

The literature addressing bias and fairness in AI models (fair-AI) is growing at a fast pace, making it difficult for novel researchers and practitioners to have a bird’s-eye view picture of the field. In particular, many policy initiatives, standards, and best practices in fair-AI have been proposed for setting principles, procedures, and knowledge bases to guide and operationalize the management of bias and fairness. The first objective of this paper is to concisely survey the state-of-the-art of fair-AI methods and resources, (...) and the main policies on bias in AI, with the aim of providing such a bird’s-eye guidance for both researchers and practitioners. The second objective of the paper is to contribute to the policy advice and best practices state-of-the-art by leveraging from the results of the NoBIAS research project. We present and discuss a few relevant topics organized around the NoBIAS architecture, which is made up of a Legal Layer, focusing on the European Union context, and a Bias Management Layer, focusing on understanding, mitigating, and accounting for bias. (shrink)

Highly portable and accessible MRI technology will allow researchers to conduct field-based MRI research in community settings. Previous guidance for researchers working with fixed MRI does not address the novel ethical, legal, and societal issues (ELSI) of portable MRI (pMRI). Our interdisciplinary Working Group (WG) previously identified 15 core ELSI challenges associated with pMRI research and recommended solutions. In this article, we distill those detailed recommendations into a Portable MRI Research ELSI Checklist that offers practical operational guidance for researchers contemplating (...) using this technology. (shrink)

This essay comments on the theory of social norms developed by Cristina Bicchieri in The Grammar of Society. It applauds her theory of norms but argues that it cannot account for the experimental results concerning ultimatum games. A theory of fairness is also needed. It develops a number of specific criticisms of her way of incorporating the influence of norms into preferences. †To contact the author, please write to: Department of Philosophy, University of Wisconsin–Madison, 5197 Helen C. White Hall, 600 (...) N. Park Street, Madison, WI 53706‐1474; e‐mail: [email protected]. (shrink)

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One (...) will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost impossible to resolve the issue of the fair/private use's legal nature, if one has not previously resolved copyright's legal nature. Legal resolution of such conflicts, as we shall demonstrate, follows different rules, and the messages sent to users and authors vary greatly depending on the jurisdiction. Part Two will examine the issue of Private Use as Fair Use by Design. We will look at the impact of Digital Rights Management on fair use and explore if the nature of private use as fair use has changed because we are dealing with the protection of digital content. We will show that protecting digital works by code, via various digital rights management schemes is shrinking the public domain of information and restricting private use as fair use. (shrink)

Although social contracts theory has been applied to organizations (Donaldson & Dunfee, 1994), rarely has the theory been tested empirically. This article uses the traditions of communitarianism and individualism to instantiate an ideal-type economic social contract. We asked 269 subjects to complete the Ideological Orientation Scale and to make judgments on eight downsizing scenarios. Using social judgment theory, we assess the direct and indirect influences of ideology on judgments of fairness. Our findings suggest that ideology indeed shapes individual’s conceptions of (...) organizational fairness. (shrink)

The "Dutch Book" argument, tracing back to Ramsey and to deFinetti, offers prudential grounds for action in conformity with personal probability. Under several structural assumptions about combinations of stakes, your betting policy is coherent only if your fair odds are probabilities. The central question posed here is the following one: Besides providing an operational test of coherent betting, does the "Book" argument also provide for adequate measurement of the agents degrees of beliefs? That is, are an agent's fair odds also (...) his/her personal probabilities for those events? We argue the answer is "No!" The problem is caused by the possibility of state dependent utilities. (shrink)

For more than fifty years, Sterling M. McMurrin served as one of the preeminent intellectual voices of the LDS community. From his beginnings as an Institute of Religion instructor to U.S. Commissioner of Education, and from a professor of philosophy to U.S. Envoy to Iran, he showed by example how personal and institutional morality can be defended.In a series of candid discussions with Jack Newell, McMurrin reveals his ability to reconcile freedom and conscience. In a spirit of repartee and friendship, (...) writes Boyer Jarvis in the foreword, Newell probes, challenges, and constantly draws McMurrin out as he... reflects upon his wide-ranging ideas and experiences. Rich in insight and humor, this remarkable dialogue captures the sweep and depth of McMurrin's thoughts as Newell engages him in discussing his approaches to philosophy, education, and religion.Among the qualities that characterized McMurrin's life and mind, explains Newell, perhaps the most notable is the freedom with which he has spoken his views on both the sacred and the profane. His intellectual integrity -- coupled as it almost always is with his humane instincts and innate fairness -- has simultaneously confounded and earned the respect of critics. (shrink)

This chapter begins with an overview of John Rawls's four‐stage sequence account of how to apply justice as fairness to institutions. It focuses on the facets of institutional design: (i) How should basic democratic institutions and processes be structured so as to realize the fair value of the basic political liberties? (ii) What kinds of educational and health institutions are needed to secure fair equality of opportunity? (iii) How do principles of justice apply to the family? (iv) What implications does (...) the difference principle have for the structure of a market economy? Rawls's extension of the original position via the four‐stage sequence proceeds against the background of three kinds of pluralism. According to Rawls, occupational choice means that there is a diversity of positions open to all citizens, and no one is forced to hold or pursue specific kinds of employment. (shrink)

Multiple self approaches purport that to have equal concern about all stages of one’s life is not a requirement of rationality. This poses a challenge to the prudential lifespan account which Norman Daniels advocates in Just health: meeting health needs fairly. Daniels has criticised the multiple self approach in earlier works, most extensively in Am I my parents keeper? In Just health, he only takes up the issue except in one footnote, presumably because he is convinced that his preceding discussions (...) settled the matter. This article argues that Daniels underestimates the force of the multiple self objection to prudential lifespan account. (shrink)

Children tend to view equal resource distributions as more fair than unequal ones, but will sometimes view even unequal distributions as fair. However, less is known about how children form judgments about inequality when different procedures are used. In the present study, we investigated children’s consideration of procedures, outcomes, and emotions when judging the fairness of unequal resource distributions. Participants were introduced to a Fair Coin and an Unfair Coin. In two between-subjects conditions, they watched a researcher flip either the (...) Fair or Unfair Coin in order to distribute resources unequally between two child recipients. Participants then rated the fairness of this event, provided verbal justifications for their ratings, and rated the emotional state of each recipient. Results revealed that participants rated the event as more fair in the Fair Coin than the Unfair Coin condition. References to the outcome in children’s justifications predicted lower fairness ratings, while references to the procedure only predicted lower ratings in the Unfair Coin condition. Greater Emotion Difference Scores predicted lower fairness ratings, and this effect increased with age. Together, these results show that children consider procedures, outcomes, and emotions when judging the fairness of inequality. Moreover, results suggest age-related increases in consideration of recipients’ emotions makes inequality seem less fair, even when fair procedures are used. Implications for the development of fairness are discussed. (shrink)

Advances in genetics may soon make possible the development of ethnic bioweapons that target specific ethnic or racial groups based upon genetic markers. While occasional published reports of such research generate public outrage, little has been written about the ethical distinction (if any) between the development of such weapons and ethnically neutral bioweapons. The purpose of this paper is to launch a debate on the subject of ethnic bioweapons before they become a scientific reality.

Employee time theft is a costly and prevalent unethical work behavior. Yet, this construct has received less attention compared to other unethical behaviors, and as such, the literature has only a rudimentary understanding of why employees engage in time theft. Thus, the primary goal of this research is to provide greater insight into both _why_ employees engage in time theft and _who_ is most likely to engage in time theft. To do so, we draw from social information processing theory to (...) examine the effect of laissez-faire leadership on employee time theft. More specifically, we propose that laissez-faire leadership is related to employee time theft through workplace time theft norms. We further propose that this indirect effect is contingent on employee conscientiousness, such that the indirect effect of laissez-faire leadership on employee time theft is stronger for individuals lower in conscientiousness. We conducted two three-wave field studies to test our predictions. The results of Study 1 supported our prediction that workplace time theft norms mediate the effect of laissez-faire leadership on employee time theft. Study 2 replicated and extended this finding by offering evidence for the conditional indirect effect of employee conscientiousness. Implications for future research and managerial practice are discussed. (shrink)

In “Abetting a Crime,” Husak puzzles over what, exactly, abettors are held liable for. Having dismissed the proposal that derivative liability can ground the imposition of punishment, he then turns to fair labeling concerns to further highlight problems surrounding current Anglo-American complicity laws. The best moral solution, according to Husak, is a drastic but ultimately unworkable revising of our laws. Loosely, he presents a two-horned dilemma: the laws are either insufficiently detailed to respect fair labeling practices or too detailed to (...) be workable. Though I agree with his assessment derivative liability, I advocate for a more optimistic outlook. Specifically, I advocate for having multiple new crimes of “abetting _____,” where the blank is filled in by reference to a particular existing crime for which we think it should be wrongful to help another. This framework offers significant advantages over current complicity laws while escaping the two pitfalls Husak highlights. (shrink)

The purpose of this paper is to expose a problem of application in John Rawls’ theory of justice. An examination of his treatment of the application of his principles in A Theory of Justice reveals an insensitivity toward the proper representation of minorities and women. This problem, which is rooted in Rawls’ conception of the relevant social position is not properly addressed by him, yet is grounded in inconsistencies which undermine the just practical implementation of his theory. A provisional solution (...) to this problem is to provide the original position with historical information, as well as to place within its jurisdiction the application of the two principles of justice. (shrink)

The development of electronic agents that increasingly play an active role in the contract formation and execution process has highlighted the need for the creation of law-abiding autonomous agent systems. The principle of good faith is an important guideline for contractual behaviour which permeates civil law systems. This paper examines how this principle is applied both during the negotiation of a contract and during its performance. Selected examples from civil law literature of precontractual duties of good faith, and of precontractual (...) behaviour that is deemed to be contrary to good faith, are discussed. This is followed by a discussion of the extent to which such duties are recognised, or such behaviour proscribed, in common law jurisdictions. Some common standards for precontractual behaviour in civil and common law systems are identified. There is then a parallel analysis of the principle of good faith in contract performance with a view to identifying common traits or standards between civil and common law systems. These standards, in the situation where contracts are being negotiated and/or performed by or through electronic agents, would need to be reflected in the way such agents operate. (shrink)

Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...) choices; and (3) argue that an approach to public decision making known as accountability for reasonableness can complement theories of justice in establishing acceptable environmental health risks for the general population and susceptible subpopulations. Since accountability for reasonableness focuses on the fairness of the decision-making process, not the outcome, it does not guarantee that susceptible subpopulations will receive a maximum level of protection, regardless of costs or other morally relevant considerations. (shrink)

An important challenge for actors in economic exchange relations concerns dealing with the aftermath of unethical behavior and the violation of trust that such transgressions entail. As transgressions in these relations often result in financial harm for one party, a common restorative approach consists of the transgressor paying a financial compensation to the victim; either voluntarily, or following coercion by a third party (cf. litigation). In the present article, we studied the impact of financial compensations on victims' trust towards the (...) transgressor and examined whether the size of the compensation is relevant to this process. In contrast to out-come-based models in game theory, we predicted that whether larger compensations foster more trust, depends on whether the compensation is provided voluntarily or not. Experimental data from a trust game supported our hypothesis by showing that larger compensations only lead to more trust when the transgressor provided the compensation voluntarily, whereas compensation size had no effect when the transgressor was forced by a third party. (shrink)

Physicians vary in their moral judgments about health care costs. Social intuitionism posits that moral judgments arise from gut instincts, called “moral foundations.” The objective of this study was to determine if “harm” and “fairness” intuitions can explain physicians’ judgments about cost-containment in U.S. health care and using cost-effectiveness data in practice, as well as the relative importance of those intuitions compared to “purity”, “authority” and “ingroup” in cost-related judgments.

Recent advances in machine learning methods have created opportunities to eliminate unfairness from algorithmic decision making. Multiple computational techniques (i.e., algorithmic fairness criteria) have arisen out of this work. Yet, urgent questions remain about the perceived fairness of these criteria and in which situations organizations should use them. In this paper, we seek to gain insight into these questions by exploring fairness perceptions of five algorithmic criteria. We focus on two key dimensions of fairness evaluations: distributive fairness and procedural fairness. (...) We shed light on variation in the potential for different algorithmic criteria to facilitate distributive fairness. Subsequently, we discuss procedural fairness and provide a framework for understanding how algorithmic criteria relate to essential aspects of this construct, which helps to identify when a specific criterion is suitable. From a practical standpoint, we encourage organizations to recognize that managing fairness in machine learning systems is complex, and that adopting a blind or one-size-fits-all mentality toward algorithmic criteria will surely damage people’s attitudes and trust in automated technology. Instead, firms should carefully consider the subtle yet significant differences between these technical solutions. (shrink)