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While prior research has suggested that justice matters for multinational enterprises (MNEs), whether distributive justice affects a subsidiary's tendency to show initiative remains unclear. In this study, we postulate that the extent to which a subsidiary manager regards the sharing of profit and rewards from the headquarters as fair has a curvilinear relationship with the subsidiary's inclination to take initiative. Specifically, although a low to moderate level of distributive justice can motivate subsidiaries to show initiative, this stimulating effect will diminish when distributive justice goes beyond a certain threshold. We furthermore contend that this non-monotonic effect will differ between low internally embedded subsidiaries and high embedded subsidiaries. Results based on a sample of subsidiaries owned by MNEs in Taiwan support our arguments. Implications for theory and practice are discussed.
Parenthood is a political office grounded in demands of liberal-egalitarian justice, rather than some natural or personal relationship between the child and adult. For a community to respect children as equal members throughout their lives, it must ensure each child is in the custody of an adult with the duty to provide care and guidance. Children cannot judge or pursue their own conception of the good, so each child needs some adult authority to judge how they use their primary goods to flourish during childhood and develop into a thriving adult. That authority must be created and structured by law. The authority must be cabined to ensure parents satisfy children’s entitlements, which only the community can legitimately define through its collective judgment. Law must also structure the parental office appropriately. Adults can make substitute judgments to guide the child’s life only if a few caregivers are responsible for a few children. In other words, all children have a political right to a parent.
Causal parentage has been a central justification for child support law and for expanding parental rights to couples who conceive with donor gametes, including lesbian couples. Like many famous philosophers, courts insist adults incur parental duties when their voluntary acts create a child who needs care. This causation of peril principle, which is familiar to tort law, does generate personal duties. Unlike a stranger with only a general duty of beneficence, someone who helps create an infant has a special duty to ensure the infant receives care. However, this duty is too weak to ground parenthood. If other willing caregivers are available, casual parents are not obligated to raise the child personally. Nor do they have a right to do so. Someone who creates a perilous situation (a causal parent) cannot object if someone else rescues their victim (the child). Nevertheless, causal parentage may ground limited child support from a political perspective. Many theories of distributive justice are sensitive to causal responsibility. A community may conclude causal parents have a political duty to help meet a child’s needs. Unfortunately, in its haste to privatize child-rearing, American child support law compounds rather than facilitates distributive justice.
Which inequalities among individuals are considered unjust? This paper reports the results of an experiment designed to study distributive choices dealing with arbitrarily unequal initial endowments. In a three-person distribution problem where subjects either know or do not know their endowments, we find impartial behavior to be a stable pattern. Subjects either compensate for initial inequalities fully or not at all in both conditions, and they do so more often when they do not know their endowment than when they know it. Moreover, the type and the size of the good to be distributed also affect the frequency of impartial behavior.
All children have rights to care, education, food, shelter, and more besides. The creation of children is, therefore, the creation of costly entitlements. But who, other than the parents, can be expected to share these costs? And how much can they be expected to contribute? To date, political theorists have only attended to the first question. But without a well-reasoned answer to the second question, we won’t know whether sharing should be generous or very little, equal or unequal. In this paper, I provide the first examination of the extent of cost sharing required if children are public goods. I argue that viewing children as public goods places important limits on the total costs to be fairly shared by non-parents. This casts doubt on the view, assumed by many political theorists, that the costs of all children’s entitlements must be equally shared between parents and non-parents.
Public sector allocative decisions should reflect, as far as possible, the preferences of those affected by the decisions. Conventional benefit–cost analysis (BCA) will simply aggregate individuals’ private willingness-to-pay (WTP) over all affected individuals to estimate the total benefits of a policy that delivers a public good. Given the nature of a public good, it is not unreasonable to consider that an individual may have altruistic preferences over the consumption of the public good by others. In this paper, we set out the theoretical underpinnings for a new citizen-based WTP, informed by political philosophy. Our model extends the standard social utility model (Bergstrom, 2006) of WTP for a public good when individuals are altruists by incorporating a Veil of Ignorance (VoI; Harsanyi, 1955). Our findings show that our WTP (Citizen) correctly includes altruistic as well as distributional preferences of individuals in society into WTP for use in a BCA. When WTP (Citizen) are aggregated for use in a BCA, equal weight is given to each individual’s preference and the BCA will correctly identify potentially Pareto-improving projects in a consistent manner.
Recently, convergence liberals, such as Kevin Vallier, argue that the principle of social insurance could be publicly justified. Our paper challenges this marriage of convergence liberalism and welfare state. We begin by examining Vallier’s three reasons for the principle of social insurance: risk aversion, injustice and the promotion of political trust. We then argue that all these reasons are intelligibly objectionable. After examining five possible responses that convergence liberals may offer, this paper concludes that the principle of social insurance is not conclusively justified in the convergence conception of public justification.
In her groundbreaking paper “Having too much” Ingrid Robeyns introduces the principle of “limitarianism,” arguing that it is morally impermissible to have more resources than needed for leading a maximally flourishing life. This paper focuses on one component of limitarian theory, namely the nature of the riches threshold, and critiques Robeyns’ absolute threshold, that limits wealth above what is needed for satiating human flourishing. The paper then suggests an alternative, relative threshold for determining excessive wealth, and also argues that limitarianism is best understood as a set of wealth-limiting principles, each with its own threshold, justifications, and conditions for operation.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
This chapter examines distributive justice (DJ) within the realm of international intellectual property (IP) laws, focusing on the digital era. It highlights DJ as a critical lens for understanding global IP laws, particularly where technology significantly influences the processes of creation. It also emphasizes the importance of global equity in achieving access to IP rights, within a comprehensive understanding of their scope. The United Nations Sustainable Development Goals focus on the context of peace, prosperity, and equality, though not explicitly centered on IP rights. Consequently, there is a need to redefine IP rights not only to address legal uncertainties but also to foster global equality. Moreover, the chapter delves into the roles of international entities like the World Intellectual Property Organization (WIPO) in managing challenges where global DJ and IP intersect. It highlights the importance of digital tools (e.g., blockchain) for authenticating original authors. The chapter asserts that proficient and reliable international organizations like WIPO are best suited to address these challenges. Furthermore, the chapter underscores the significance of an unbiased global investment system for promoting universal progress and equity. Ultimately, it explores how WIPO’s tools, such as WIPO Re:Search and WIPO Proof, exemplify DJ in the international IP framework.
Racial justice is widely seen as a central moral and political ideal of our time, especially on the liberal-egalitarian left. And racial justice goes hand in hand with racial equality. The centrality of these ideals would be hard to justify if they had no bearing on material or economic inequality, or applied solely to semiotic and cultural issues. But we argue that, at present, the only plausible basis for understanding racial equality as a distinctive aim for the economic domain—rather than a mere implication of more general egalitarian or progressive principles—rests on minimal state, right-libertarian foundations. As such, racial equality is a strange focus for the left.
Standard accounts of what makes exploitation wrong ground its wrong in distributive unfairness: when A exploits B he wrongs her by taking a greater share of the benefits from their interaction than he ought. I argue that this standard account does not succeed; distributive unfairness is neither the sole, nor the primary wrong of exploitation. I assume that distributive unfairness is pro tanto wrong. However, I argue that in situations where transactors’ consent to a transaction is morally valid, it is also morally transformative and overrides distributive unfairness’s pro tanto wrong. Thus, wrongful exploitation requires morally invalid consent.
A common idea, both in ordinary discourse and in the desert literature, is that wages can be deserved. The thought is not only highly intuitive, but it is also often appealed to in order to explain various injustices in employment income – pay gaps, for instance. In this paper, I challenge the idea that income from employment is the kind of thing that can be deserved. I argue that once one gets clear on the metaphysics of jobs and wages within the context of economic exchange more generally, there are natural principles concerning such exchanges which generate puzzles for that view. The puzzles, I argue, are especially acute for meritocrats who conceive of justice in wages in terms of desert. Additionally, I argue that appealing to dignity (rather than desert) offers better hope of explaining the kinds of injustices in wages that motivate the appeal to desert. In that case, no explanatory gap is left by abandoning the idea that wages can be deserved either, and so, I argue, we have good reason to doubt it.
Research on the relationship between performance and trust is commonplace in social sciences, yet trust in child protection systems (CPS) remains an emerging area of study. This research delves into how three dimensions of performance – distributive justice, procedural fairness, and functional effectiveness – affect trust in CPS in England and Norway, drawing insights from organisational and social psychology literature. A cross-sectional survey collected data from 981 individuals in England and 1,140 in Norway. Results suggest that procedural fairness and the competences indicator of functional effectiveness significantly and positively impact trust in CPS in both countries. Resources significantly influence trust in Norway’s CPS, while distributive justice has no impact on trust in either country’s CPS. These findings hold theoretical and practical implications for trust in CPS.
Codes of ethics provide guidance to address ethical challenges encountered in clinical practice. The harmonization of global, regional, and national codes of ethics is important to avoid gaps and discrepancies.
Methods
We compare the European Psychiatric Association (EPA) and the World Psychiatric Association (WPA) Codes of Ethics, addressing main key points, similarities, and divergences.
Results
The WPA and EPA codes are inspired by similar fundamental values but do show a few differences. The two codes have a different structure. The WPA code includes 4 sections and lists 5 overarching principles as the basis of psychiatrists’ clinical practice; the EPA code is articulated in 8 sections, lists 4 ethical principles, and several fundamental values. The EPA code does not include a section on psychiatrists’ education and does not contain specific references to domestic violence and death penalty. Differences can be found in how the two codes address the principle of equity: the EPA code explicitly refers to the principle of universal health care, while the WPA code mentions the principle of equity as reflected in the promotion of distributive justice.
Conclusions
We recommend that both WPA and EPA periodically update their ethical codes to minimize differences, eliminate gaps, and help member societies to develop or revise national codes in line with the principles of the associations they belong to.
Minimizing differences between national and international codes and fostering a continuous dialogue on ethical issues will provide guidance for psychiatrists and will raise awareness of the importance of ethics in our profession.
Almost everyone believes that freedom from deprivation should have significant weight in specifying what justice between generations requires. Some theorists hold that it should always trump other distributive concerns. Other theorists hold that it should have some but not lexical priority. I argue instead that freedom from deprivation should have lexical priority in some cases, yet weighted priority in others. More specifically, I defend semi-strong sufficientarianism. This view posits a deprivation threshold at which people are free from deprivation, and an affluence threshold at which people can live an affluent life, even though their lives may be even further improved beyond that point. I argue that freedom from deprivation in one generation lexically outweighs providing affluence in another generation; in all other cases, freedom from deprivation does not have lexical priority.
Edited by
Olaf Zenker, Martin-Luther-Universität Halle-Wittenberg, Germany,Cherryl Walker, Stellenbosch University, South Africa,Zsa-Zsa Boggenpoel, Stellenbosch University, South Africa
This Introduction has three objectives. The first is to situate this volume within the current phase of South Africa’s difficult engagement with land reform in particular and transformative constitutionalism in general. For this purpose, we characterise the recent debate on ‘Expropriation Without Compensation’ (EWC) and the political developments leading to the tabling, and failure, of the Constitution Eighteenth Amendment Bill. In section two, we begin with an account of the research project and conference that led to this volume and then review the book’s three-part structure and its individual chapters in relation to each other. While there are important points of convergence with regard to the contested assemblage of law, land reform and redistributive justice, there are also divergent views for probing further. In the third section, we respond to this challenge by addressing three interlinked issues that emerge from a transversal reading of the chapters, which we regard as central for the future of redistributive justice in South Africa. These are, first, the respective roles of the state, popular politics and the private sector in driving this project; second, the relative importance to be attached to productive and redistributive measures as building blocks of change; and third, the scale of the structural changes that are needed.
Edited by
Olaf Zenker, Martin-Luther-Universität Halle-Wittenberg, Germany,Cherryl Walker, Stellenbosch University, South Africa,Zsa-Zsa Boggenpoel, Stellenbosch University, South Africa
The idea that the central issue for South Africa’s redistribution is ‘the land’ is a familiar one, but it becomes harder to sustain with each passing year, as agriculture is a small and shrinking proportion of the country’s economic output, and historic land loss just one of a great many ways that black South Africans are disadvantaged in distributive terms. Under the circumstances, it might be best to de-emphasise the focus on land and concentrate limited resources on direct measures of income support such as a basic income grant. This chapter uses a consideration of the campaign for a basic income grant in Namibia to show that there may be an alternative to the binary choice that this way of putting the problem suggests. By understanding the maldistribution of ‘the nation’s wealth’ as the product of colonialism and historical dispossession while identifying concrete and universalistic remedies via programmes of income distribution and monthly cash payments, the Namibian activists have shown a possible way to combine the righteous demand for ownership of one’s own country with a politically pragmatic and economically well-conceived campaign targeting income rather than land.
When reading contemporary theories of distributive justice, one could easily get the impression that questions of fiscal design are normatively speaking merely instrumental for realizing the distributive ideal. Once the overall conception of justice is settled upon, questions of how the state should arrange its institutions and policies are settled if they effectively and efficiently promote the preferred distribution. I argue that such pure instrumentalism is mistaken in the context of fiscal policy. As a result, there is nothing problematic or morally arbitrary about accepting domain-specific principles of fiscal justice.
This paper introduces a theory of ownership that is rooted in Israel Kirzner’s theory of entrepreneurship – The Entrepreneurial Theory of Ownership. Its central idea is that natural resources are not available to us automatically as other approaches to justice implicitly assume. Before we can use a resource, we need to do preparatory work in the form of making an entrepreneurial judgement on it. This fact, as I argue, makes it possible to put private ownership as a natural right on a firm normative ground and answer many traditional challenges to private property.
Interdependence-generating goods will not arise unless actors view arrangements as right or correct. This perception gives rise to a preoccupation in communities with what is just. It necessitates the development of a theory of justice that coordinates with the theory of community developed above. Justice in relation to goods can be thought about in two forms: either as a matter of the good’s distribution ex ante or its correction ex post. Nevertheless, this two-fold structure is simplistic in that it fails to account for the fact that justice must promote an ideal of just relationships. The theory of justice developed in this chapter therefore posits that the interaction of distributive and corrective justice over time gives rise to transformative justice. The transformation in question relates both to the nature of the good and the attendant conception of a wrong. The chapter details how transformative justice is an outcome visible in both international and WTO law. At the same time, the chapter suggests that WTO law’s transformative justice is not perfectly just, a deficiency that gives rise to a continuing impetus at reform.