Resolving the justice dilemma by improving the outcomes: The case of employee drug screening

In this paper we seek to accomplish two objectives. First, we review and describe a phenomenon we call the justice dilemma. We argue that workers often perceive valid assessment practices to be unfair. By using these techniques, employers risk incurring hidden costs that are associated with perceived injustice. Thus, it is sometimes impractical to utilize an assessment technique even though the procedure has good validity evidence. Our second purpose is to propose and test one way that organizations can resolve the justice dilemma. We do this in the context of workplace drug screening We argue that employees are often more tolerant of controversial assessment techniques to the extent that these procedures do not result in particularly negative outcomes. In a field study examining employee reactions to a drug screening program, this proposition was generally supported.     

Nationality, Distributive Justice and the Use of Force

To whom do we owe obligations of distributive justice? In the last decade a number of distinguished political theorists — such as David Miller and Yael Tamir — have defended a nationalist account of our distributive obligations. This paper examines their account of distributive justice. In particular, it analyses their contention (a) that individuals owe special obligations to fellow-nationals, (b) that these obligations are obligations of distributive justice and (c) that these obligations are enforceable. Miller and Tamir's justifications, I argue, do not support these claims. Moreover, I argue, (a) and (c) should only be accepted in a greatly qualified form and (b) should be rejected altogether. The paper thus concludes that the nationalists' preferred account of distributive justice is untenable.     

Luck And Equality: Susan Hurley

I argue that the aim to neutralize the influence of luck on distribution cannot provide a basis for egalitarianism: it can neither specify nor justify an egalitarian distribution. Luck and responsibility can play a role in determining what justice requires to be redistributed, but from this we cannot derive how to distribute: we cannot derive a pattern of distribution from the 'currency' of distributive justice. I argue that the contrary view faces a dilemma, according to whether it understands luck in interpersonal or counterfactual terms.     

Integrating justice and care in animal ethics

In this paper I argue that the standoff between justice and care approaches to animal ethics presents us with a false dilemma. We should take justice's focus on reasoning from principles, and care's use of sympathetic awareness, as two integrated deliberative capacities necessary for the consideration of arguments for extending moral concern to animals. Such an integrated approach rests on a plausible account of the psychology of moral deliberation. I develop my argument as follows. Section I summarizes the nature of the debate between justice and care approaches to animal ethics, focusing on Brian Luke's arguments against justice approaches. Section II provides pro-justice rebuttals to Luke's objections. These rebuttals, while largely successful against Luke's objections, do not account for the intuition that sympathy does play a central epistemological role in animal ethics. Section III explains how sympathy cognitively simulates the perspective of the other, and thus can play an epistemological role in animal ethics. I argue that the abilities to simulate the perspective of the other and to reason from moral principles can complement each other. In section IV, I argue that though it may not be desirable to use both sympathy and reasoning from principles in all moral deliberation, it is a desirable aim when offering, and considering, moral arguments for what I will term the "extensionist project" of extending over moral concern to animals. I make this idea plausible by elucidating the claim that arguments for this project are best thought of as second-order deliberations about our first-order deliberative life.     

Thomas Aquinas Holds Fast: Objections to Aquinas within Today's Debate on Divine Action

Various authors within the contemporary debate on divine action in nature and contemporary science argue both for and against a Thomistic account of divine action through the notions of primary and secondary causes. In this paper I argue that those who support a Thomistic account of divine action often fail to explain Aquinas' doctrine in full, while those who argue against it base their objections on an incomplete knowledge of this doctrine, or identify it with Austin Farrer's doctrine of double agency – again failing to do Aquinas justice. I analyse these objections, indicating how they do not address Aquinas' doctrine by offering a brief but full account of the latter.     

Can We Use Social Policy to Enhance Compliance with Moral Obligations to Animals?

Those who wish to abolish or restrict the use of non-human animals in so-called factory farming and/or experimentation often argue that these animal use practices are incommensurate with animals’ moral status. If sound, these arguments would establish that, as a matter of ethics or justice, we should voluntarily abstain from the immoral animal use practices in question. But these arguments can’t and shouldn’t be taken to establish a related conclusion: that the moral status of animals justifies political intervention to disallow or significantly diminish factory farming and animal experimentation. In this paper, we set out to do two things: First, we argue that while the arguments mentioned above may establish the moral impermissibility or injustice of the practices they condemn, they are not sufficient to justify political interventions or social policies to abolish or restrict such practices. It is one thing to argue that some moral imperative or imperative of justice exists, and quite another thing to call for the use of political power to induce compliance with that imperative. Our second task is to assess the prospects for developing an argument that is sufficient to justify political interventions to restrict or abolish the use of non-human animals in factory farming or experimentation. Beyond establishing the immorality or injustice of animal consumption or experimentation, one must show that the interventions in question constitute legitimate use of political power. Would prohibiting or discouraging animal use be legitimate? We attempt to answer this question within the context of fundamental liberal constraints on the legitimate use of coercive political power.     

Justice as a Family Value: How a Commitment to Fairness is Compatible with Love

Many discussions of love and the family treat issues of justice as something alien. On this view, concerns about whether one's family is internally just are in tension with the modes of interaction that are characteristic of loving families. In this essay, we challenge this widespread view. We argue that once justice becomes a shared family concern, its pursuit is compatible with loving familial relations. We examine four arguments for the thesis that a concern with justice is not at home within a loving family, and we explain why these arguments fail. We develop and defend an alternative conception of the justice‐oriented loving family, arguing that justice can—and, for the sake of justice, should—be seen as a family value.     

Global Justice, Capitalism and the Third World

ABSTRACT Reflecting on the North/South dialogue, I consider questions of global justice. I argue that questions of global justice are just as genuine as questions of domestic justice. A too narrow construal of the circumstances of justice leads to an arbitrary forestalling of questions of global justice. It isn't that we stand in conditions of reciprocal advantage that is crucial but that we stand in conditions of moral reciprocity. I first set out concerning the situation in the North and the South and the relations between them something of the facts in the case coupled with some interpretative sociology. Such investigations show massive disparities of wealth and condition between North and South and further show that these disparities have been exacerbated by the interventionist policies of the West. I then, while remaining mindful of the strains of commitment, argue that justice requires extensive redistribution between North and South but that this can be done without at all impoverishing the North, though to do so would indeed involve a radical re-ordering of the socio-economic system of the North.     

Personal and Political: Post-Traumatic Stress Through the Lens of Social Identity,Power, and Politics

Post-traumatic stress disorder (PTSD) has always been controversial and highly politicized. Here, using a social identity approach, we review evidence that trauma and its aftermath are fundamentally linked to social position, sociopolitical capital, and power. We begin this contribution by demonstrating how a person's group memberships (and the social identities they derive from these memberships) are inherently linked to the experience of adversity. We then go on to consider how it is through group memberships that individuals are defined by their trauma risk and trauma histories—that is, a person's group memberships and their trauma are often inherently linked. Considering the importance of group memberships for understanding trauma, we argue that it is important to see these, and group processes more generally, as more than just “demographic” risk factors. Instead, we argue that when groups are defined by their trauma history or risk, their members will often derive some sense of self from this trauma. For this reason, attributes of group memberships are important in developing an understanding of adjustment and adaptation to trauma. In particular, groups' status, their recourse to justice, and the level of trust and solidarity within the group are all central to the impact of traumatic events on individual-level psychological resilience. We review evidence that supports this analysis by focusing on the exacerbating effects of stigma and social mistrust on post-traumatic stress, and the value of solidarity and strong identities for resilience. We conclude that because of these group-related processes, trauma interweaves the personal with the political and that post-traumatic stress is fundamentally about power, positionality, and politics.     

The reality of the intuitive

According to current methodological orthodoxy philosophers rely on intuitions about thought experiments to refute general claims about the nature of knowledge, freedom, thought, reference, justice, beauty, etc. Philosophers working under the banner of ‘negative experimental philosophy’ have criticized more traditional philosophers for relying on this method. They argue that intuitions about thought experiments are influenced by factors that are irrelevant to the truth of their contents. Cappelen and Deutsch defend traditional philosophy against this critique by rejecting the picture of philosophical methodology it presupposes: philosophers do not really rely on intuitions. In this paper, I defend methodological orthodoxy by arguing that philosophers must rely on intuitions somewhere and that they do in fact often rely on intuitions about thought experiments. I also argue in favor of a reply to the negative experimental critique that is similar to at least part of Deutsch’s own.     

Restorative justice and the human rights of offenders: Convergences and divergences

Restorative justice has gained significant momentum as a justice reform movement within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Although claims about the role of restorative justice in protecting human rights are repeatedly made in the restorative justice literature, they are seldom supported by empirical evidence or a thorough analysis of human rights and their justification. In this paper, we discuss how the assumptions underpinning restorative justice practices impact on offenders' human rights, and their points of convergence and divergence. We argue that while these assumptions can protect certain offender rights, they may violate others. We finish with some suggestions about how to reconcile the tensions between human rights and restorative justice, focusing in particular on the relationship between community needs and individual well-being.     

The Asymmetry Objection Rides Again: On the Nature and Significance of Justificatory Disagreement

Political liberalism offers perhaps the most developed and dominant account of justice and legitimacy in the face of disagreement among citizens. A prominent objection states that the view arbitrarily treats differently disagreement about the good, such as on what makes for a good life, and disagreement about justice. In the presence of reasonable disagreement about the good, political liberals argue that the state must be neutral, but they do not suggest a similar response given reasonable disagreement about what justice requires. A leading political liberal, Jonathan Quong, has recently offered a rebuttal to this asymmetry objection. His reply rests on an innovative distinction between justificatory and foundational disagreement. Quong claims that disagreements about justice in a well ordered society are justificatory while disagreements about the good are foundational, and suggests that this fact blocks the asymmetry objection. We assess Quong's solution and argue that it fails to justify legitimate state action on matters of justice but not the good. We conclude that the asymmetry objection continues to undermine political liberalism.     

Rawlsian Justice and the Social Determinants of Health

In this article, we suggest that the evidence regarding the social determinants of health calls for a deep re‐thinking of our understanding of distributive justice. Focusing on John Rawls's theory of distributive justice in particular, we argue that a full reckoning with the social determinants of health requires a re‐working of Rawls's principles of justice. We argue first that the social bases of health – a Rawlsian conception of the social determinants of health – should be considered a social primary good. We argue second that including the social bases of health as a social primary good would lead the parties to the original position to choose an additional principle of justice and assign it lexical priority over Rawls's second principle. According to this principle, inequalities in people's share of the social bases of health are to be arranged so as to improve the health status of those least advantaged on the social health gradient.     

Our obligations to future generations: the limits of intergenerational justice and the necessity of the ethics of metaphysics

Abstract

Theories of intergenerational justice are a very common and popular way to conceptualise the obligations currently living people may have to future generations. After briefly pointing out that these theories presuppose certain views about the existence, number and identity of future people, I argue that the presuppositions must themselves be ethically investigated, and that theories of intergenerational justice lack the theoretical resources to be able to do this. On that basis, I claim it is necessary to do the ‘ethics of metaphysics’ in order to fully comprehend what, if anything, we may owe future generations. I defend these claims against some important objections.     

Psychology of the Informed Consent Process: A Commentary on Three Recent Articles

In conducting research on humans, respect for human dignity requires investigators to obtain informed consent. Institutional pressures, however, often reduce the informed consent form to a signature on a document. Unfortunately, people often do not read or understand these documents. In the present effort, we argue that the key problem here arises because investigators often do not take into account the psychology of participants. Based on 3 articles, we argue that informed consent requires investigators to help participants “make sense” of a study, and its implications, for both themselves and others. Informed consent procedures that might encourage participant sensemaking are discussed.     

Ideology,Doping and the Spirit of Sport

The current World Anti-doping Code can be characterised as a tough approach to doping. In this paper we investigate how the World Anti-Doping Agency (WADA) justifies this tough approach. To this end, WADA advances two justificatory arguments. It maintains, first, that protection of the spirit of sport warrants tough measures and, second, that athletes have voluntarily consented to the Code. We argue that in the way they are presented by WADA, neither of these arguments can withstand scrutiny. In the second part of the paper, we go on to show that these arguments are in fact ideological in nature. The specific aim of these arguments is not to be correct, but rather to distort social reality, because in this way they can be used to ward off any critical discussion of the Code. We conclude that WADA’s interest is to create a façade of justice, not in serving justice itself.     

Interpreting Causality in the Health Sciences

We argue that the health sciences make causal claims on the basis of evidence both of physical mechanisms, and of probabilistic dependencies. Consequently, an analysis of causality solely in terms of physical mechanisms or solely in terms of probabilistic relationships, does not do justice to the causal claims of these sciences. Yet there seems to be a single relation of cause in these sciences—pluralism about causality will not do either. Instead, we maintain, the health sciences require a theory of causality that unifies its mechanistic and probabilistic aspects. We argue that the epistemic theory of causality provides the required unification.     

Can Virtuous People Emerge from Tragic Dilemmas Having Acted Well?

abstract   A tragic dilemma is thought to arise when an agent, through no fault of her own, finds herself in a situation where she must choose between two courses of action, both of which it would be wrong to undertake. I focus on tragic dilemmas that are resolvable, that is, where a reason can be given in favour of one course of action over another, and my aim is to examine whether Hursthouse's virtue-ethical account of right action succeeds in avoiding two problems presented by tragic dilemmas. The first of these is that they produce the seemingly contradictory conclusion that an agent, in doing what she ought to do, acts wrongly, making it appropriate for her to feel guilt. The second is the paradox of moral luck, which consists in the conflict between the intuition that an agent cannot be held responsible for actions that are not fully voluntary, and the fact that she may nevertheless believe that she has done something morally reprehensible. I argue that if we accept Hursthouse's separation of action guidance and action assessment, her account succeeds in solving the problem of contradiction. However, it does not completely avoid the problem of moral luck. I argue, against Hursthouse, that the virtuous agent can emerge from a tragic dilemma having acted well, and that this is the conclusion we must arrive at if we want to avoid the problem of contradiction and of moral luck.     

Workplace Democracy,Market Competition and Republican Self-Respect

Is it a requirement of justice to democratize private companies? This question has received renewed attention in the wake of the financial crisis, as part of a larger debate about the role of companies in society. In this article, we discuss three principled arguments for workplace democracy and show that these arguments fail to establish that all workplaces ought to be democratized. We do, however, argue that republican-minded workers must have a fair opportunity to work in a democratic company. Under current conditions, this means that a liberal order must actively promote workplace democracy.     

Prioritizing Rights in the Social Justice Curriculum

The biggest problem facing schools having social justice curricula, beyond implementation of a programme, I claim, is the problem of justification: what grounds what in social justice and how do we make this manifest to ourselves and to the curricula? If we cannot address this, then social justice curricula are doomed to begging the question. I claim that a ranking of human rights is not only necessary to adjudicate competing claims for social justice and at the same time, thwart interference with already agreed-upon human rights: it is necessary for any curriculum of social justice for schools. That is to say, curricular programs of social justice cannot justify social practices that interfere with human rights, nor can they teach otherwise than this. Due attention to the violation of human rights is necessary, I shall argue, and must be central in the discussion of education for social justice.