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)

There have been recurrent reports of fragilities in the Brazilian health system, especially in public institutions. In this commentary, I argue that moral distress in nursing in Brazil can still be considered an innovative and important subject of study. I also highlight the relevance of engaging educational institutions in the development of policies about environmental sustainability. It is relevant to continue studying moral distress in nursing and in health care generally in order to contribute to the transformation of reality by (...) confronting the multiple common situations in the work environment that are recognized by many as morally problematic because they infringe upon the rights of people, patients, and health care professionals and are an affront to environmental health. (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)

This paper is part of a book symposium on Fred Feldman's, *Pleasure and the Good Life*. I argue that Feldman’s defence of hedonism, although successful on its own terms, is of less significance than it may seem at first, for two main reasons. First, Feldman’s defence of the claim that attitudinal pleasures are the chief good is either implausible or crucially incomplete. Second, Feldman’s claim that hedonists can overcome the objections levelled against them while remaining pure hedonists is only partially (...) true. (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)

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)

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)

Resumen¿Podemos afirmar que una muerte indolora supone un daño para el individuo que muere? En este artículo se analiza el criterio más utilizado para responder afirmativamente a la pregunta. Un criterio que insiste en la necesidad de tener un interés por seguir viviendo. En el artículo pregunto si la autoconciencia requerida para la presencia del citado interés puede ser realmente condición necesaria en un análisis adecuado del daño de la muerte.Palabras claveMuerte, animales no humanos, autoconciencia,análisis privacionistaAbstractCan we say that a (...) painless death harms the individual who dies? This paper examines the criterion more frequently used to respond affirmatively to this question. It’s an approach that emphasizesthe need to have an interest in staying alive. Here I ask if the self-awarenessrequired for the presence of such interest may actually be a necessary condition in a proper analysis of the harm of death.KeywordsDeath, non human animals, self-awareness, deprivationist analys. (shrink)

Habermas (1968) na sua crítica à filosofia da tecnologia de Marcuse descreve que a sociedade hodierna está caracterizada pela denominada “Economia da Inovação”, que é o desenvolvimento do capitalismo em sua fase tardia, tendo como paradigma a crescente interdependência entre pesquisa e técnica, transformando a ciência na principal força produtiva deste modelo econômico. A cientificização da técnica permitiu aumentar a produtividade do trabalho inserindo dentro de um mesmo sistema ciência, técnica e valor econômico. Marx e Schumpeter, de acordo com Habermas, (...) já haviam sugerido cada um à sua maneira, que o modo de produção capitalista pode ser concebido como um mecanismo que garante uma propagação permanente dos subsistemas do agir racional-com-respeito-a-fins e, com isso, abala a "supremacia" tradicionalista do quadro institucional diante das forças produtivas. Tal complexidade transforma, assim, a inovação em vetor de exclusão social. Neste sentido, examina-se neste trabalho a inovação como problema filosófico e suas implicações em uma sociedade tecnológica conforme a análise habermasiana. (shrink)

Considering the whole _corpus_ of Mary Wollstonecraft’s writings, this paper focuses on her view of rights, seen as moral claims and rhetoric tools. Firstly, it is argued that, in the author’s perspective, their technical and judicial dimension is peripheral, where “rights” are human features within a religious conception of life. Secondly, some consequent aspects are analysed, such as the rights’ effectiveness, their nature, their content and their entitlement.

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.

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.

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)

This article examines our moral obligations to refugees and stateless people. I argue that in order to understand our moral obligations to stateless people, both de jure refugees and de facto stateless people, we ought to reconceptualize the harm of statelessness as entailing both a legal/political harm (the loss of citizenship) and an ontological harm, a deprivation of certain fundamental human qualities. To do this, I draw on the work of Hannah Arendt and show that the ontological deprivation has three (...) distinct though interconnected elements: a reduction to the merely human or bare life, a separation from the common realm of humanity and abandonment, and the diminishment of agency or ability to act in the Arendtian sense. If we pull apart the legal/political harm of statelessness from the ontological harm, we are better able to see that we can address some of the features of the ontological deprivation even though we may not be able to rectify the political harm. I conclude this article by discussing some suggestions that follow from a recognition of the reality and harm of the ontological deprivation. (shrink)

Parental consent poses challenges to needed research with adolescents who identify as lesbian, gay, bisexual, transgender, queer and/or questioning (LGBTQ+) and are at heightened risk for negative health outcomes. Obtaining parental consent in studies focused on LGBTQ+ issues can prove arduous if adolescents have not yet disclosed their identity or have unsupportive guardians. Institutional Review Boards (IRBs) may be hesitant to grant waivers of parental consent, yet research suggests that studies requiring parental consent deter the participation of adolescents who identify (...) as LGBTQ+. In this article, ethical considerations regarding waivers of parental consent in the context of the American Psychological Association’s (APA) general ethical principles are reviewed and recommendations for psychological researchers seeking waivers of parental consent are offered. A vignette is used to demonstrate a question-and-answer guide to help determine if a waiver of parental consent is ethically justified. (shrink)

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)

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

Melancholy occupies a privileged place in the Kantian taxonomy of temperaments since the pre- critical phase, but it is in the Nineties that it reveals its philosophical fecundity. Melancholy becomes, in fact, an interesting notion not so much because of its relationship with Kantian biography, nor because of its presence in the description of psychopathies, but because it lies, unique in this, on the borderline between pathology and sanity. Melancholy thus provides an opportunity to show the topicality of Kantian reflection (...) on mental illness since it underlines the continuity, and not the rupture, between the healthy mental state and that affected by illness, in line with today's most widespread tendencies to consider mental illness as a privileged observatory of the subject. (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)

Propongo una explicación sobre el concepto de ética de la ciu- dad respecto a la sociedad en la que vivimos. El artículo se enfoca en resaltar el contraste social y urbanístico, que se generó y sigue creciendo en Argentina de manera puntual en Buenos Aires, respecto a las villas miseria. En específico se tratan las diferencias entre la Villa 31,el barrio pobre, y Puerto Madero,el barrio rico, dos realidades tan distintas como tan similares que viven codo a codo.

I will take a famous paragraph from J S. Mill as a starting point for defending the idea that moral philosophy has to take charge definitively of those who have been less fortunate in the natural lottery. This means that we must to take seriously the possibility of increasing the capacity for the well-being of nonhuman animals. The aim of the text is to show the relevance of the current ethical debate on enhancement also in the context of reflection on (...) our obligations towards sensitive non-human animals. (shrink)

Cabanis’ enucleation of the notion of instinct in his Rapports du physique et du moral de l’homme articulates through a critique of the use of this notion by Étienne Bonnot de Condillac, who would not have recognised the founding role of physiology in human perceptive and intellectual activity. An analysis of Cabanis’ criticism to Condillac and an investigation of the meaning attributed to the notion of instinct by both philosophers allow to individuate in this notion the expression of two different (...) types of materialism. The different position of Cabanis and Condillac on this notion, in fact, reflects the divergence on a series of notions – e.g. reflexion, sensitivity, habitus – which can be traced back to the different aims of their investigations. In addition to highlighting this basic divergence, this paper aims to bring out – especially referring to Condillac’s Logique – some points of contact, of which Cabanis seems not to have considered, concerning the conception of the human body as ‘organisation physique’. (shrink)

In the 17th century the dissemination of philosophical ideas relied also on the critical summaries and reviews published by the journals. The focus of this paper is the reactions of two of these journals – the Journal de Trévoux, edited by the Jesuits of the Parisian Collège Louis Le Grand, and the Journal des Sçavans – to Condillac’s works. The Jesuit journal, under the direction of pére Berthier – probably himself the author of the reviews – had a precise plan (...) in presenting Condillac’s philosophy as an anti-empiricist and anti-materialist doctrine, sometime giving a misrepresentation of the author’s thought, which is also criticized on some points. The decision of the Journal de Trévoux to review the main works of Condillac is anyway worthy of attention, and probably betrays a certain interest toward the more up to date philosophical enquiry. The Journal des Sçavans was on the other hand more faithful in presenting Condillac’s works. (shrink)

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

Open Innovation (OI) allows companies to develop innovative solutions more effectively, with lower costs and risks. The economic benefits of OI have been thoroughly investigated in prior research. More recent literature suggests that OI can help companies also improve their Corporate Social Responsibility (CSR) performance. Contributions on how open innovation can help companies improve their CSR performance, however, are fragmented and lack strong theoretical foundations. In this study, we perform a systematic literature review to synthesize the main findings and provide (...) a theoretical framework to explain how companies can simultaneously improve OI and CSR through the management of relationships with stakeholders. The framework is then used to investigate how OI projects favour the achievement of CSR objectives, by referencing the 17 United Nations (UN) Sustainable Development Goals (SDGs). Results show that the stakeholders' theory can be used to explain the connection between OI and CSR performance. We also find that companies can collaborate with different stakeholders' categories to achieve a variety of CSR goals. We suggest that companies adopt a long-term perspective and explicitly include sustainability objectives in their open innovation strategy to enhance their position as reliable partners and elicit favourable responses from the environment. Results also allow us to provide some suggestions for future research. First, we point out that literature currently lacks conceptual studies to help formalize the connection between OI and CSR. Secondly, we observe that the influence of some stakeholders' categories, such as governments and research organizations, on companies' OI and CSR efforts remains under-investigated. (shrink)