Search results for "Distributive justice"
showing 10 items of 22 documents
Engaging Reciprocity from the Complainant Customer in the Digital Age
2019
International audience
Demokratisches Institutionendesign in der Priorisierung und Rationierung von Gesundheitsleistungen
2012
Decisions on priority setting and rationing in health care have both informational and distributional aspects, which is why they require expert knowledge and specialised bodies on the one hand and democratic consent on the other hand. The paper presents normative criteria for the evaluation and empirical categories for the description and comparison of respective bodies. As procedural decisions always have implications for resulting distributional decisions, the bodies charged with priority setting and rationing decisions must be subject to democratic institutional design. (As supplied by publisher).
What Does Nemesis Have to Do with the Legal System? Discussing Aristotle’s Neglected Emotion and Its Relevance for Law and Politics
2018
Abstract Aristotle defines nemesis (to nemesan ¼ from the verb nemesao) as the emotional reaction of someone with a noble character at unmerited good fortune. That another’s good fortune is a central element of nemesis can also be inferred by the contraposition Aristotle proposed between nemesis and pity, which is pain at undeserved bad fortune. The modern concept of indignation, commonly used as a translation for the word nemesis, refers to outrage at a general form of injustice, and usually a serious one. The authors intend to remain faithful to the original meaning of the term and to explore the impact it can have with respect to law. In contrast to the existing literature, which especia…
Comparative vs. Transcendental Approaches to Justice: A Misleading Dichotomy in Sen’s The Idea of Justice
2012
In this paper I try to put under scrutiny the distinction offered by A. Sen between transcendental and comparative theories of justice, and its application to Rawls’ doctrine. After presenting Sen’s arguments, I will put forward three theses. First, Sen offers a limited portrait of Rawls’ doctrine. This limitation is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen presents a large number of quotations in order to validate his interpretation, it is possible to offer a different, less transcendental, interpretation of Rawls’ doctrine. Secondly, the dichotomy between transcendental and comparative approaches to questio…
Basic structure and tax havens
2012
In this paper I argue that Rawlsian Law of People (LP) is much more useful to the debate on international distributive justice than it is commonly assumed by many leading political philosophers (Pogge, Nussbaum, Sen, Beitz, Singer). I will show: 1) that these criticisms are misleading, insofar as they do not take the concept of basic structure seriously, and they reduce LP to an instance of ethical statism or of acritical acceptance of cultural pluralism; 2) that the basic domestic structures, and the principles that govern them, depend on the law of peoples and its principles as well. Therefore it is not true that each basic structure is independent of what occurs in the international fiel…
¿Qué podemos pedir a una teoría de la justicia? Algunas consideraciones acerca de un debate entre Amartya Sen y John Rawls
2010
In this paper I try to revise Sen’s thesis about the «transcendental» nature of Rawls’ theory of justice. According to Sen transcendental theories of justice are unnecessary. What we aim at is to justify a series of comparative judgements about two or more states of affairs.We do not strive, unlike Rawls, to form a complete system of moral principles that backs an «ideal just society». I try to show that Sen’s «comparative» account is weak. First of all, Sen does not offer a fair interpretation of Rawls’ theory. In particular, he is wrong when he depicts Rawls’ justice as fairness as a complete and transcendental moral doctrine. Secondly, Sen overlooks the fact that in order to justify comp…
Prosperare al di là del merito: il senso della nemesis in Aristotele tra giustizia distributiva e giustizia correttiva
2017
L’articolo prende in esame quella particolare forma di indignazione che Aristotele indica, nel secondo libro della Retorica, con l’infinito sostantivato to nemesan, derivato dal termine nemesis. Si tratta della reazione che si genera in un animo nobile contro chi prospera al di là del merito. Il sostantivo e i suoi derivati risultano poco usati in età classica e ricorre più frequentemente nell’epica omerica e in Esiodo. Aristotele sembra recuperarlo proprio dalla tradizione poetica arcaica, assegnandogli un ruolo nella sua riflessione sulla giustizia e in particolare nella differenza tra la forma distributiva e quella correttiva. Egli individua così in questa forma di indignazione, un’emozi…
Rights, the Distribution of Wealth, and Happiness: Gaetano Filangieri’s Constitutional Ideal of Justice
2018
This article presents the ideal of distributive justice of Gaetano Filangieri whose realization is entrusted to the constitutional project elaborated in his work La Scienza della Legislazione. The article shows the main features which, in the outline of the Enlightenment, distinguish the core of the Filangerian proposal: the happiness of the nation needs an equitable distribution of wealth; the definition of the perfect model of justice is founded on an original utilitarian analysis which employs elements which anticipate the marginalism of the next century; to increase both the level of national welfare and the civic participation the laws have to improve the position of the least advantag…
Procedural justice and democratic institutional design in health-care priority-setting
2013
Health-care goods are goods with peculiar properties, and where they are scarce, societies face potentially explosive distributional conflicts. Animated public and academic debates on the necessity and possible justice of limit-setting in health care have taken place in the last decades and have recently taken a turn toward procedural rather than substantial criteria for justice. This article argues that the most influential account of procedural justice in health-care rationing, presented by Daniels and Sabin, is indeterminate where concrete properties of rationing institutions are concerned. Such properties inscribe substantial norms into institutions. These norms can derive validity only…
Do perceived justice and need support of the coach predict team identification and cohesion? Testing their relative importance among top volleyball a…
2011
Objectives: Based on findings in organizational psychology, the aim of the present study was to test the relevance of perceived justice and need support of the coach in team sports. Specifically, two studies examined their relation with athletes’ team identification and team cohesion. Design: Two cross-sectional, questionnaire studies conducted after a midseason game day. Methods: In study 1, Belgian top level female volleyball players (N ¼56; M ¼22.33) and male handball players (N ¼35; M ¼23.59) completed web-based questionnaires assessing athletes’ perceived justice and need support of the coach and their team identification and cohesion. In study 2, Norwegian top level female handball pl…