RAWLS AND THE STATUS OF POLITICAL LIBERTY

Abstract:  In his late work, Rawls makes strong claims about the status of political liberty. These claims, if accepted, would have significant implications for the content of "justice as fairness." I discuss the nature of these claims, clarifying Rawls's fair value guarantee of the political liberties and critically discussing the arguments that he and others have given for assigning special importance to the political liberties. I conclude that justice as fairness, properly understood, is not a deeply democratic conception of justice.     

THE RESCUE DEFENCE OF CAPITAL PUNISHMENT

Many political philosophers today think of justice as fundamentally about fairness, while those who defend capital punishment typically hold that justice is fundamentally about desert. In this paper I show that justice as fairness calls for capital punishment because the continued existence of murderers increases unfairness between themselves and their victims, increasing the harm to murdered persons. Rescuing murdered persons from increasing harm is prima facie morally required, and so capital punishment is a prima facie duty of society and sentencing judges. 1     

Rawls’s Principle of Justice as Fairness and Its Application to the Issue of Same-Sex Marriage

Abstract

This essay applies the principle of justice as fairness to the issue of same-sex marriage. I will outline Rawls’s theory of justice, including the original position and the veil of ignorance as the means by which choosers craft a just state. In considering whether same-sex marriage should be permissible, I argue that a just society, formulated in the Rawlsian context of justice as fairness, should allow them. I assert that gays and lesbians do count as equal citizens because they possess the minimum requirements of the capacity for a sense of justice, a conception of the good, and the ability to be cooperating members of society. Furthermore, within the original position gays and lesbians will be represented because choosers do not know their sexual orientation because it is one of the individual characteristics that are withheld behind the veil. Since the choosers do not know their sexual orientation, they will be unable to use that information in their construction of what counts as a just state comprised of free and equal citizens. Because the family, and the institution of marriage as a primary manifestation of the family, is one of the major social institutions within the basic structure, limitations must be carefully scrutinized.     

THE FEASIBILITY OF BASIC SOCIOECONOMIC HUMAN RIGHTS: A CONCEPTUAL EXPLORATION

To be justifiable, the demands of a conception of human rights and global justice must be such that (a) they focus on the protection of important human interests, and (b) their fulfilment is feasible. I discuss the feasibility condition. I present a general account of the relation between moral desirability, feasibility and obligation within a conception of justice. I analyse feasibility, a complex idea including different types, domains and degrees. It is possible to respond in various ways if the fulfilment of basic socioeconomic human rights against severe poverty seems at first to be infeasible.     

Justice and Insider Trading

ABSTRACT While many countries are following the lead of the United States in making insider trading illegal, its moral status is still controversial. I summarise the scholarly debate over the fairness of insider trading and lay bare the assumptions about fairness implicit in that debate. I focus on the question whether those assumptions can be defended independently of a more comprehensive theory of social justice. Current analyses presuppose that we can intelligently discuss what the social rules regarding insider trading should be while ignoring questions about the broader principles of justice that should be adopted and the extent to which existing institutions realise those principles. I argue that such questions must be addressed. I then employ an egalitarian conception of social justice to analyse insider trading. I thereby illustrate how a more systematic approach, grounded in a comprehensive theory of justice, transforms the debate about the fairness of insider trading.     

Age rationing,the virtues,and wanting more life

The goal of this paper is to show that Callahan's reasons for withholding life extending care cannot be made out exclusively in terms of contemporary notions of distributive justice and fair allocation. I argue that by relying on a notion of justice which links the merit of the individual with the fairness of a social pattern of shares, Callahan imputes vice to the elderly as he denies them eligibility for life-prolonging care. Aristotle's doctrine of the mean is a useful tool for character evaluation. One can speak meaningfully of a proper disposition of a person of a certain type (an elderly person) with respect to the good of continued life. I claim that the mean of one's disposition with respect to the good of continued life would be relative to one's age group, and would be determined by that principle by which an elderly person of practical wisdom would determine it. This leads to very different conclusions than those drawn by Callahan.     

Justice as Fairness: Luck Egalitarian, Not Rawlsian

I assess G. A. Cohen’s claim, which is central to his luck egalitarian account of distributive justice, that forcing others to pay for people’s expensive indulgence is inegalitarian because it amounts to their exploitation. I argue that the forced subsidy of such indulgence may well be unfair, but any such unfairness fails to ground an egalitarian complaint. I conclude that Cohen’s account of distributive justice has a non-egalitarian as well as an egalitarian aspect. Each impulse arises from an underlying commitment to fairness. Cohen’s account of distributive justice is therefore one of justice as fairness.     

INFINITE REGRESS ARGUMENTS

Abstract

Gerald Cohen's critique of John Rawls's theory of justice is that it is concerned only with the justice of social institutions, and must thus arbitrarily draw a line between those inequalities excluded and those allowed by the basic structure. Cohen claims that a proper concern with the interests of the least advantaged would rule out ‘incentives’ for ‘talented’ individuals. I argue that Rawls's assumption that the subject of justice is the basic structure of society does not arbitrarily restrict the concerns of political justice, as Cohen claims. Further, I argue that it does not allow ‘deep’ inequalities within a just basic structure. When properly understood, Rawls's theory of justice is strongly egalitarian, taken as a theory of fairness in the way the burdens and benefits of social cooperation are distributed, even if it is not as egalitarian as Cohen wishes.     

Survivor reactions to reorganization: antecedents and consequences of procedural,interpersonal, and informational justice

This study tested a model of survivor reactions to reorganization, which incorporated multiple predictors and consequences of procedural, interpersonal, and informational justice. The 3 justice types had different correlates: all 4 antecedents (employee input, victim support, implementation, and communication quality) predicted interpersonal fairness, implementation and communication quality were associated with informational fairness, and employee input was the sole predictor of procedural justice. Procedural justice was strongly related to all 4 outcome variables, and interpersonal and informational justice added unique variance to the prediction of trust in management. The reorganization effort was still predictive of employee outcomes, although primarily through procedural justice approximately I year after its completion.     

Rawlsian Stability

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls (i) maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and (ii) is committed to (i) more deeply than to the substantive content of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself.     

同事公正氛围：构念、测量、效能与展望

以往对公正氛围的探讨主要集中于源自权威的公正氛围上,而对来自同事的公正氛围关注较少。同事公正氛围是指团队成员对团队内同事之间相互对待公正性的共同知觉。本文首先对比总结界定了同事公正氛围的概念,明晰了其结构维度与测量工具,然后着重梳理评价了同事公正氛围的影响效能。未来研究应致力于：加强探讨同事公正氛围的前因变量,探讨同事公正氛围影响效能的内在机制和边界条件,运用纵向设计研究同事公正氛围的形成机制及影响效能,以及探索同事公正氛围研究的本土化。     

GLOBAL JUSTICE AND THE LIMITS OF HUMAN RIGHTS

To a great extent, recent discussion of global obligations has been couched in the language of human rights. I argue that this is a mistake. If, as many theorists have supposed, a normative theory applicable to obligations of global justice must also respect the needs of justice internal to recipient nations, any such theory cannot take human rights as an important moral notion. Human rights are inapplicable for the domestic justice of poor nations, and thus cannot form a plausible basis for international justice. Instead, I propose an alternative basis, a form of welfarist maximizing consequentialism. My alternative is superior to rights-based theories in dealing with the special problems of justice found in poor nations.     

THE ESCHATOLOGICAL THEOGONY OF THE GOD WHO MAY BE: EXPLORING THE CONCEPT OF DIVINE PRESENCE IN KEARNEY, HEGEL, AND HEIDEGGER

Abstract: While heightening the nihilistic tension underlying the discourse of Richard Kearney, I highlight the positive contribution his book The God Who May Be makes to the debate concerning the need for a postmodern revitalization of religious symbolism. I argue for three qualifications of Kearney's argument, suggesting, in response to Kearney's exclusionary approach to the God who "neither is nor is not but may be," a God whose possibility for meaningfulness arises as an "eschatological theogony" from out of the chaos (confusion and openness) of contemporary religious symbolism. Arguing that such a radical reenvisioning of God must be tempered and given meaning through reentering and reaffirming onto-theology in a qualified (hermeneutical) sense, I sketch a possible renewal of meaning for the traditional Christian parousia -concept as a hermeneutical circle between Hegel's systematic closure of Western metaphysics and Heidegger's deconstructive appropriation of the hidden possibilities of presence within the onto-theological tradition.     

A RELATIVISTIC ESCHATOLOGY: TIME,ETERNITY, AND ESCHATOLOGY IN LIGHT OF THE PHYSICS OF RELATIVITY

Unique epistemological challenges arise whenever one embarks on the critical and self‐critical reflection of the nature of time and the end of time. I attempt to construct my preference for an eschatological distinction between time and eternity from within a middle way, avoiding both the hubris that claims complete comprehension and the resignation that concedes readily to know nothing. Surveying the history of reflection on this multifaceted question of time, with its ephemeral and everlasting dimensions, I argue that the eschatological interplay between the “already” and the “not yet” has much to offer: promise for the religion‐science dialogue as well as hope for humanity, especially for those on society's bleakest edges. But understandings of time, to be authentically theological, must be also informed by cosmology and the physics of relativity. My proposal seeks to respect the theological and scientific interpretations of the nature of time, serving the ongoing, creative interaction of these disciplines. Between physics and theology I identify four formal differences in analyzing eschatology, all grounded in the one fundamental difference between extrapolation and promise. Discussion of what I term deficits in both the scientific and theological approaches leads to further examination of the complex relationship between time and eternity. I distinguish three models of such relationships, which I label the ontological, the quantitative, and the eschatological distinction between time and eternity. Because of the way it embraces a multiplicity of times, especially relating to the culmination and the consummation of creation, I opt for the eschatological model. The eschatological disruption of linear chronology relates well to relativ‐istic physics: This model is open, dynamic, and relational, and it may add a new aspect to the debate over the block universe.     

On Affectionate Respect in Gender Justice: An Inquiry into the Cultural Abuse of Sex

Phallogocentrism as cultural abuse of sex is a difficult issue that has been addressed by many modem Western feminist philosophers.By comparing their insights with those deriving from Chinese Confucianism and Daoism,I propose the concept of "affectionate respect" as an intellectual counterbalance to phallogocentrism.In this essay,I have discussed certain arbitrary fallacies based on masculine predominance and spotlighted the merits of being female in balancing emotion and reason,justice and fairness,and institutionally-biased powers and the human rights of innate dignity.To achieve gender justice and equality before God and under Heaven must be logically and morally extended to law and politics.     

Event justice and social entity justice: A cross-lagged analysis

IntroductionThe life of organizations is punctuated by a wide range of managerial decisions (e.g., hiring and selection procedure, performance appraisal, new working methods). Facing such events, employees evaluate the fairness of the situation experienced (event justice). They can also examine the fairness demonstrated by a specific entity, such as the organization or the supervisor (social entity justice). So far, little is known about how justice judgments about events vs. entities are related to each other, especially in a context of organizational change.ObjectiveBuilding on decision-making and organizational justice literature, we investigate the directionality of the causal relationships between event justice and social entity justice within a context of organizational change in a Belgian company (a significant reorganization at the level of the organization chart resulting in different changes for employees).MethodsWe used two samples (team leaders and executives) and realized a cross-lagged panel analysis with two measurement times.ResultsThe study shows that, in both samples, employees’ fairness perceptions about their organization (social entity justice) influence their interpretation of the fairness of subsequent events involving the organization (event justice).ConclusionBuilding and fostering a climate of justice is therefore of primary importance to organizations, since global fairness perceptions about the organization may help employees to perceive a specific event, such as an organizational change, as being fair.     

程序公正的测量及研究操纵

程序公正是指处理管理事务所依据的原则是否公正。普遍认可的程序公正原则包括一致性、避免偏见、准确性、可修正、代表性、道德与伦理原则。程序公正研究主要有测量和实验操纵两种研究范式。对程序公正的测量主要以单维为主,亦有少数多维测量量表;对程序公正的实验操纵主要以发言权为主,有少数研究对准确性、无偏性或综合几项原则进行操纵。未来研究应考虑程序公正的结构问题,对程序公正的操纵范围进行扩展、操纵方法考虑情景性,还需关注程序公正与程序不公正的差异。     

Exploring the neural basis of fairness: A model of neuro-organizational justice

Drawing from the literature in neuroeconomics, organizational justice, and social cognitive neuroscience, I propose a model of neuro-organizational justice that explores the role of the brain in how people form fairness judgments and react to situations of fairness and/or unfairness in organizations. The model integrates three levels of analysis: (a) behavioral, (b) mental (cognitive and emotional), and (c) neural. The behavioral level deals with motivated actions displayed by the individual; the mental level deals with information processing mechanisms and emotional arousal; and the neural level concerns the brain systems instantiating mental processes. The paper also describes a fairness theory of mind that could help managers improve their ability to create fair working environments. The model’s implications for further research and management practice are discussed.     

ADAM SMITH AND THE POSSIBILITY OF SYMPATHY WITH NATURE

Abstract:  As J. Baird Callicott has argued, Adam Smith's moral theory is a philosophical ancestor of recent work in environmental ethics. However, Smith's "all important emotion of sympathy" (Callicott, 2001, p. 209) seems incapable of extension to entities that lack emotions with which one can sympathize. Drawing on the distinctive account of sympathy developed in Smith's Theory of Moral Sentiments , as well as his account of anthropomorphizing nature in "History of Astronomy and Physics," I show that sympathy with non-sentient nature is possible within a Smithian ethics. This provides the possibility of extending sympathy, and thereby benevolence and justice, to nature.