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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.
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.
Health-care systems within most countries are resource-limited – budgets are finite and not every service one would like to provide can be funded. In publicly funded health systems, those responsible for procuring health-care need to be able to explain how taxpayers’ money has been spent. Decisions are made at both individual patient and population levels. At an individual level, the decision might be: which statin should this patient get a prescription for to lower her blood cholesterol? At a population level, the decision might be: will a health and social care commissioning organization purchase a heart-failure specialist nurse or an additional sexual health clinic?
This chapter focuses on how such decisions are made and considers a framework for priority setting, a discussion of what factors should be taken into account when comparing options, a consideration of basic health economic concepts, and an overview of ethical principles which influence decisions.
In this article, I respond to symposium articles by Clark Wolf, Elizabeth Edenberg, and Helga Varden. With shared sympathies for anti-oppression liberalism and social contract theory, they urge me to develop the theory of liberal dependency care (LDC) in new directions — respectively, as a form of subject-centered justice, with a political liberal justification, and with a Kantian foundation for ‘private right.’ I respond by explicating the inclusivity that is built into the arrow of care map and the variety of contract theory I advance. Furthermore, I insist that anti-oppression liberalism need not formulate its claims in political liberal terms.
This chapter examines several aspects of work and management, including the following: a look at what constitutes the global work environment for managers; how people’s expectations about suitable managerial behavior can differ; how situational differences can influence managerial behavior; how beliefs about work and leisure can vary across cultures; what motivates people at work in different situations and environments; and multiculturalism and inclusivity in the global workplace
When is state coercion for the provision of public goods justified? And how should the social surplus of public goods be distributed? Philosophers approach these questions by distinguishing between essential and discretionary public goods. This article explains the intractability of this distinction, and presents two upshots. First, if governments provide configurations of public goods that simultaneously serve essential and discretionary purposes, the scope for justifiable complaints by honest holdouts is narrower than commonly assumed. Second, however, claims to distributive fairness in the provision of public goods also turn out to be more complex to assess.
Three reforms each appealing to a different logic of (re)distribution are strongly politicized in contemporary welfare states: means-tested benefits, demanding activation policies and basic income schemes. While the policy design of means-tested benefits relies on the distributive justice principle of need, demanding activation policies are intrinsically related to the principle of equity and basic income schemes depend on equality. Based on the moral economy and policy feedback literatures, which assume that public opinion adapts to the normative conceptions of justice encapsulated by institutions, attitudes towards these welfare reforms are expected to be grounded on these distributive logics. However, as these reforms are weakly institutionalized and their underlying principles are politically contested, the normative foundation of their public support remains unclear. This study investigates how distributive justice preferences shape support for these proposals by applying structural equation modelling on data from the CRONOS panel linked to the European Social Survey round 8 (2016/2017). Results indicate that only basic income schemes and demanding activation policies are to some extent connected to each of the justice principles. Overall, this study nevertheless indicates that the justice principles have limited explanatory power, which confirms that attitudes towards contemporary welfare reforms rely weakly on justice norms.
The “problem of points”, introduced by Paccioli in 1494 and solved by Pascal and Fermat 160 years later, inspired the modern concept of probability. Incidentally, the problem also shows that rational decision-making requires the consideration of future events. We show that naïve responses to the problem of points are more future oriented and thus more rational in this sense when the problem itself is presented in a future frame instead of the canonical past frame. A simple nudge is sufficient to make decisions more rational. We consider the implications of this finding for hypothesis testing and predictions of replicability.
Inclusion and exclusion strategies for allocation of scarce goods involve different processes. The conditions under which one strategy is chosen in favor of the other, however, have not been fully explicated. In the present study, decision makers chose a single strategy after reading through descriptions of 16 potential organ recipients; they then narrowed the list of transplant candidates. Most liberals chose to use exclusion under conditions of abundance and inclusion under scarcity. In contrast, conservatives preferred an inclusion strategy under abundance and exclusion (though not significantly) under scarcity. Theoretical implications as well as ongoing work in inclusion-exclusion strategy choice, political ideology, and distributive justice are discussed.
A prosocial action typically provides a more sizable benefit when directed at those who have less as opposed to those who have more. However, not all prosocial acts have a direct bearing on socioeconomic disadvantage, nor does disadvantage necessarily imply a greater need for the prosocial outcome. Of interest here, welfare impact may depend on the number of beneficiaries but not on their socioeconomic status. Across four preregistered studies of life-saving decisions, we demonstrate that when allocating resources, many people are benevolently partial. That is, they choose to help the disadvantaged even when this transparently implies sacrificing lives. We suggest that people construct prosocial aid as an opportunity to correct morally aversive inequalities, thus making relatively more disadvantaged recipients a more justifiable target of help. Benevolent partiality is reduced when people reflect beforehand on what aspects they will prioritize in their donation decision.
According to A. John Simmons's anarchist scepticism, there is no duty to obey the law as things stand, as legal obligations have legitimacy only when voluntarily incurred by most or many citizens. However, an alternative, pluralist position is suggested by Simmons's sensitivity to the diversity of reasons and to the possibility of unresolved conflict. It shows that the grounds of legitimate authority are plural, and include distributive justice. Also, even voluntarily incurred obligations can be defeated by conflicting reasons, as when we are duty bound to an unjust regime.