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

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

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

A central question for assessing the merits of Amartya Sen's capability approach as a potential answer to the “distribution of what”? question concerns the exact role and nature of freedom in that approach. Sen holds that a person's capability identifies that person's effective freedom to achieve valuable states of beings and doings, or functionings, and that freedom so understood, rather than achieved functionings themselves, is the primary evaluative space. Sen's emphasis on freedom has been criticised by G. A. Cohen, according (...) to whom the capability approach either uses too expansive a definition of freedom or rests on an implausibly active, indeed “athletic,” view of well-being. This paper defends the capability approach from this criticism. It argues that we can view the capability approach to be underpinned by an account of well-being which takes the endorsement of valuable functionings as constitutive of well-being, and by a particular view of the way in which endorsement relates to force and choice. Footnotes1 I would like to thank Paul Bou-Habib, Ian Carter, Matthew Kramer, Ingrid Robeyns, Peter Vallentyne, and two Economics and Philosophy referees for very helpful comments on earlier drafts of this paper. I am also grateful to the participants of the Edinburgh ECPR Workshop, the Hoover Chair Seminar in Louvain-La-Neuve, the King's College Moral Philosophy Group in Cambridge, the Nuffield Political Theory Workshop in Oxford, and the session on the Capability Approach at the Philadelphia APSA Annual Conference. (shrink)

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

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

Based on structural differences between spoken and written language, the purpose of this paper was to investigate whether spoken and written communication imply a different representation in reporting an experienced dream. In fact, the clausal-dynamic quality of the former and nominal-synoptic quality of the latter, with the consequent differences in length, cohesion and density, could enhance/reduce the perceptual character and narrative structure of report features often considered in order to assess sleep mentation. In particular, we wondered whether, after eliminating all (...) the elements responsible for the more conspicuous quantitative differences across the two forms , we would obtain two equivalent ways of reporting dreams. Three hundred and two subjects, raging in age from 18 to 40 years, participated as volunteers in the study and were asked to complete a dream diary daily for 14 days, by tape-recording their own dreams and putting them down in writing. The reports were analyzed by a psycholinguistic system. Results indicated that the report modality is able to affect the dream experience representation, conditioning the figurative translation carried out by the tester: written forms show a loss of hallucinatory information and a non-complete correspondence also of the bizarreness features with respect to the spoken texts. Partialling out for length eliminated any difference between spoken and written dream reports on bizarreness; on the other hand, controlling the sequence effect of the report did not introduce changes. Methodological and theoretical implications were discussed. (shrink)

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

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

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

BackgroundEvidence suggests that organizational models that provide care interventions including patient support programs may increase patient adherence to multiple sclerosis therapies by providing tailored symptom management, informational support, psychological and/or social support, lifestyle changes, emotional adjustment, health education, and tailored coaching, thus improving patients' overall quality of life across the disease course.ObjectiveThe main objective of this study was to describe MS patients' self-reported experience of a nurse-led, telephone-based PSP and to explore its potential role in improving disease and therapy management (...) skills.MethodsSurvey data were analyzed from a subset of patients relapsing–remitting MS using interferon beta-1a already registered in the adveva® PSP from three Italian multiple sclerosis centers with a consolidated experience in RRMS disease, treatment management, and PSP programs.ResultsIn total, 244 patient data at baseline were analyzed, of which 115 had a follow-up of at least 6 months. Results from this study provide an early view into the role of this PSP in improving the patients reported overall experience regarding disease management and injectable therapy, thus potentially ameliorating treatment adherence and decreasing health care cost. Moreover, study findings confirm the role of providing a patient-focused support by addressing non-medication-related topics in the PSP consultations. Indeed, patients involved in the adveva® PSP program reported a better psychological status in the follow up as demonstrated by an increased optimism regarding their future, tolerance of disease uncertainty, and their perceived ability to benefit from external help and social support.ConclusionsAs such, it is reasonable to conclude that the involvement in the adveva® PSP and the PSP's assistance in guiding patients on proper treatment self-management techniques is of great value to patients as it might contribute to improving engagement in their health care journey in terms of perceived self-care skills, emotional coping toward the future and the unpredictability of the disease course and their general attitudes toward the injection itself, involving pain tolerance. (shrink)

O presente texto discute, em âmbito teórico, a relação entre acontecimento e narrativa midiática. Através de Louis Quéré, situa-se o acontecimento na dialética da experiência, originária da interação entre sujeitos e acontecimentos. Pensa-se a narrativa como um lugar de manifestação e representação das culturas e das ações dos sujeitos sobre o mundo. Volta-se para a narrativa por meio da tríplice mimese de Paul Ricoeur. No âmbito analítico, o texto realiza incursões e interpretações acerca da derrota da seleção brasileira de futebol (...) para a seleção alemã por sete gols a um na semifinal da Copa do Mundo de Futebol de 2014 e busca compreender como as capas de alguns jornais brasileiros produzem uma ressignificação do revés do Brasil na Copa de 1950, conhecido como Maracanaço. (shrink)

Dans cet article j’analyse le concept de transmutatio corporalis dans la théorie des passions de Thomas d’Aquin. Je prends en considération surtout le traité sur les passions contenu dans la Somme de théologie, mais aussi d’autres textes du maître dominicain : le Commentaire sur les Sentences, les Questions disputées sur la vérité, le bref traité Sur le mouvement du cœur. Tout d’abord, je montre comment l’idée de transmutatio corporalis est essentielle pour la définition thomasienne de la passion, puis j’identifie en (...) quoi consiste cette modification corporelle dans les principales passions. Je termine avec l’analyse de la transmutatio corporalis dans la dynamique entre l’âme et le corps, m’arrêtant notamment sur l’idée de la redundantia, à savoir le processus circulaire par lequel l’âme modifie le corps et le corps modifié intervient sur l’âme. (shrink)

Egalitarian theories assume, without defending it, the view that the costs of children should be shared between non-parents and parents. This standard position is called into question by the Parental Provision view. Drawing on the familiar idea that people should be held responsible for the consequences of their choices, the Parental Provision view holds that under certain conditions egalitarian justice requires parents to pay for the full costs of their children, as it would be unfair for non-parents to bear the (...) negative externalities of others’ choices to have children. This article examines closely the Parental Provision view and argues that various possible justifications for it are unsuccessful. In so doing, it brings to light respects in which the choice to have and rear children is special and may not be treated as being on a par with other choices for which we think people should be held responsible. (shrink)

This article explores the issue of jus contra bellum as a particular development within just war thought. At its heart, the jus contra bellum amounts to an attempt to apply the principles of jus in bello (discrimination and proportionality) in order to negate the jus ad bellum. This approach was rather prevalent throughout the Cold War era, as concerns over the prospective use of nuclear weapons facilitated an increasingly sceptical attitude towards the use of force. Whereas the vast majority of (...) just war thinkers have tended to overlook this phenomenon, James Turner Johnson has adeptly recognised the perils of jus contra bellum, and its rather disastrous implications for just war thought. In this respect, Johnson's analysis of this issue constitutes one of his most significant contributions to the tradition. However, as this article will suggest, his assessment of this approach, and consequent efforts to counter it, do not go far enough. As will be noted, the roots of the jus contra bellum can be traced to the prevailing structure of just war thought – a structure which has been consistently championed by virtually every just war thinker. (shrink)

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

A pergunta sobre o bem viver, a justiça e a reta ação moral acompanham a trajetória histórica do ser humano. Diante de uma sociedade plural e relativista como a nossa, a ética do discurso de Habermas apresentase como um procedimento fecundo de justificação e de validação do agir humano. Haure seu estatuto de plausibilidade na linguagem e se coaduna ao movimento da guinada linguística da filosofia contemporânea, que provocou um processo de revisão de todos os problemas filosóficos até então colocados, (...) inclusive a questão da moralidade. Ela parte dos pressupostos fundamentais do agir comunicativo e da interação linguística dos diversos sujeitos. Tem como meta a justificação, mediante o discurso prático, das normas, dos valores e de todos os conteúdos morais específicos de cada sociedade humana específica. Requer competência comunicativa e participação discursiva direta dos diversos atores sociais. (shrink)

Summary The famous essay by Christian von Ehrenfels, Über Gestaltqualitäten (1890), opens up, as is well-known, an important seam not only in the psychology of perception but also of aesthetics, of the psychology and philosophy of music, art and language. Here, in fact, the form understood as ‘Gestalt’ is something concretely audible and visible and not simply a formal abstraction. It is about a pioneering programme rich in ideas and original connections. The author does not mean simply to define the (...) meaning of the concept of Gestalt, but he also sets out a fertile variety of extraordinary applications. In the first place – following a suggestion of Ernst Mach’s – he indicates an application in the field of music, in particular in the exemplary case of melody. In this sense the melody, as a temporal Gestalt, is a more fitting illustration of Gestalt than a spatial Gestalt (e.g. of a geometric figure). But in other cases, as for instance in the case of perception of movement, both temporal and spatial Gestalts are admitted. And a characteristic example is provided by dance. In this article, we shall investigate the comparison between sound movement and visual–gestural movement, and we shall also be discussing the matter by having recourse to the experience of professional dancers. (shrink)

Gernot Böhme’s original proposal regarding an aesthetic as a philosophic theory of perceptual knowledge could, in our opinion, be usefully compared with certain aspects, historical-theoretical and methodological, of Gestalt psychology. From an historical point of view there is the attention commonly paid to the work of the 18th-century philosopher, Alexander Gottlieb Baumgarten, considered as an important precursor of the study of sensitive knowledge, while the subsequent basic themes of the perceptual-cognitive approach, of the expressive qualities, of the distinction “physical reality (...) /actual reality,” of the physiognomic problem, to cite but a few, recall nuclear questions, although perhaps not traditionally included in the “major canon”—to use a terminological proposal of Rocco Ronchi’s—of philosophy and specifically of experimental phenomenology. (shrink)

En el presente trabajo me propongo analizar la doctrina de la responsabilidad de proteger, estudiando para ello sus características esenciales, así como las distintas dimensiones que la integran, y la utilidad de cada una de ellas. Además, llevo a cabo un análisis pormenorizado de su aplicación a partir de dos estudios de caso, en los que desgrano las flaquezas de la doctrina, tal y cómo se ha configurado hasta la actualidad, con el propósito de exponer aquellos puntos en los que (...) cabe su mejora. Pese a tales propuestas de mejora, el presente trabajo está encaminado a fomentar el impulso y desarrollo de una doctrina que, de emplearse correctamente, puede contribuir a proteger a las poblaciones civiles de crímenes atroces. (shrink)

This article explores strategies of cultural representation in the production of Gurinder Chadha, a British director of Sikh origin. Chadha’s work is located in what Marie Louise Pratt defines as ‘contact zones’, negotiating between US, European and Indian audiences. The result is a directing style that puts together ‘East’ and ‘West’, Bollywood and Hollywood, in an in-between space that has been radically reconfigured through hybridization. This happens in particular through her use of music and soundtrack, from the documentary I’m British (...) but..., up to the recent Bend It Like Beckham and Bride and Prejudice. Here, many and diverse musical languages are put together through the representational strategies of parody and kitsch, deconstructing the idea of cultural identity in the very gesture that creates it. (shrink)

Agostino d’Ippona è stato un punto di riferimento costante nella produzione filosofica arendtiana, a partire dalla dissertazione di dottorato del 1928, intitolata Il concetto d’amore in Agostino, fino alle ultime pagine scritte prima di morire, e dedicate alla trattazione della volontà. Il segno più evidente di questo rapporto è costituito da una frase del De civitate Dei, « initium ut esset creatus est homo, ante quem nullus fuit» sulla quale Hannah Arendt fonda il proprio concetto di libertà, intesa come la (...) capacità dell’uomo di “essere” un nuovo inizio. Attraverso questo concetto H. Arendt tenta di restituire all’uomo il senso della propria irriducibile unicità, contro i tentativi del potere di rendere ogni individuo “superfluo”. A monte dell’interesse per Agostino vi sono, però, anche ragioni di carattere biografico, se è vero che la donna conobbe Agostino attraverso la mediazione, umana e intellettuale, del suo maestro Martin Heidegger. (shrink)

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