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In this essay, a response to an article by Patrick Parkinson, Shannon Gilreath disputes Parkinson’s claim that religiously motivated discrimination against transgender people should be the subject of special exceptions to prevailing antidiscrimination law, especially where the transgender person does not seek to conform to the traditional male/female gender binary. Gilreath maps the ways in which Parkinson’s proposal is an argument for biological superiority, which has been the rationalization for systematic and systemic social inferiority throughout history, including most notably in the contexts of race, gender, and sexuality oppression. In concluding that Parkinson’s proposal is little more than a restatement of the faulty differences-based approach to equality through law, Gilreath ultimately concludes that its principles are wholly inconsistent with the legitimate purposes of antidiscrimination law.
The present study investigates the relation of procedural transparency and compliance with authorities’ regulations. The underlying assumption is that procedural transparency encourages compliance with regulations. In an incentivized experiment, 666 participants took on the role of a business owner and had to fill in a form and spend a certain amount of their income as compliance costs to adhere to safety rules. In a 2 (Business Size: small vs big) × 2 (Penalty Rate: equal vs unequal) × 2 (Penalty Scheme: transparent vs nontransparent) between-subjects design, we investigated whether an unequal penalty rate for small-size in contrast to big-size businesses had a different effect on compliance when this difference was transparent compared to when it was not transparent. Business income, compliance costs, and audit probability were varied within-subject, over 18 decision rounds. We find that the deterring effect of a higher penalty rate for big-size compared to small-size businesses under a nontransparent unequal penalty scheme is attenuated when the same information is available. This supports the idea of a backfiring effect and suggests that authorities need to carefully consider what information about their procedures to communicate in order to avoid the unintended negative effects of increasing transparency.
Marx adopts a triadic model of the concept of property and emphasizes how this concept assumes different historical forms, including private property. I seek to explain why Marx must be thought to commit himself to the complete abolition of private property by beginning with how he speaks of property, equality and freedom as forming a constellation of concepts within capitalist society. This approach enables me to show how, for Marx, private property functions within a social world structured by contractual relations established between allegedly free and equal rights-bearing persons, whose self-conception and relations to one another are determined by an abstract exchange value that finds legal and political expression in a purely formal notion of equality. I argue that there are two key elements in Marx’s critique of private property. The first concerns how individuals are unable to relate to themselves and to others as genuine individuals in an economic and social system governed by exchange value. The second concerns how a system of exchange governed by this form of value dominates individuals and is thus incompatible with ‘free’ individuality.
The current studies investigated how a manipulation in joint outcome influenced individuals’ responses to pro-equality/individualistic decision makers. In Study 1 (N = 175), we examined the impact of whether equal distribution led to maximum joint outcome or not on individuals’ evaluations of, and reactions to, partners choosing either equal or individualistic distributions. In Study 2 (N = 164), we further examined the moderating roles of individual differences in general social value orientation (SVO) and preferences for joint outcome (vs. equality). Important findings include: a) individuals evaluated a pro-equality partner as less warm when equal distribution did not afford maximum joint outcome than when it did; b) individuals, especially those who scored high on preferences for joint outcome (relative to equality), were less likely to chose equal distribution when equality did not maximize joint outcome than when it did; and c) individuals who preferred joint outcome to equality evaluated individualistic partners as warmer when equal distribution did not yield maximum joint outcome than when it did. Theoretical and practical implications of these findings are discussed.
Whereas much literature exists on “choice overload”, less is known about effects of numbers of alternatives in donation decisions. We hypothesize that donations increase with the number of recipients, albeit at a decreasing rate, and reflect donors’ knowledge of the recipients. Donations involve different concepts of fairness—equity and equality—and these can interact with numbers of alternatives. In two experiments, respondents indicated how they would donate lottery winnings of 50 Euros. Results showed, first, that more was donated to non-governmental organizations and campaigns that respondents knew better. Second, total donations increased with the number of recipients albeit at a decreasing rate. Third, when limited to giving to only one of multiple alternatives, donors gave less than when this restriction did not apply. Fourth, variability of donations can both increase and decrease with the number of potential recipients. We comment on theoretical and practical implications as well as suggesting issues for future research.
As historians have begun to conceptualize the U.S. Civil War as a global event, so too must they consider Reconstruction as a political process that transcended national boundaries. The United States and Colombia both abolished slavery during civil wars; ex-slaves in both societies struggled for full citizenship and landholding, partially succeeding for a time; in both societies, a harsh reaction ripped full citizenship from the freedpeople and denied their claims to the land. These events, usually studied only as part of a national story in either the United States or Colombia, can also be understood, and perhaps be better understood, as a history of hemispheric and transnational processes—of race, of republican politics, of contests over equality, of capitalism. This essay examines the words and actions of historical actors, especially U.S. African Americans and afrocolombianos, to note the impressive commonalities of discourse (which was almost exactly the same in many cases) and political repertoires. This article focuses first on the agency of African Americans in both societies to create post-emancipation social movements for citizenship and land and then on the, largely successful, reactions against these movements.
Generations of social scientists have explored whether males and females act differently in domains involving competition, risk taking, cooperation, altruism, honesty, as well as many others. Yet, little is known about gender differences in the trade-off between objective equality (i.e., equality of outcomes) and efficiency. It has been suggested that females are more equal than males, but the empirical evidence is relatively weak. This gap is particularly important, because people in power of redistributing resources often face a conflict between equality and efficiency. The recently introduced Trade-Off Game (TOG) – in which a decision-maker has to unilaterally choose between being equal or being efficient – offers a unique opportunity to fill this gap. To this end, I analyse gender differences on a large dataset including N=6,955 TOG decisions. The results show that females prefer objective equality over efficiency to a greater extent than males do. The effect turns out to be particularly strong when the TOG available options are “morally” framed in such a way to suggest that choosing the equal option is the right thing to do.
This updated introduction to business ethics offers a clear and accessible framework for understanding the important and complex ethical issues facing business in the contemporary world. Kevin Gibson explains ethical concepts in plain language, showing how terms such as responsibility, autonomy, justice, equality, rights, and beneficence are central to the ways in which business is and should be conducted. He provides numerous examples and discusses cases including VW, Wells Fargo, the Boeing 737 Max, and the exploitation of rare earth minerals, and he pays special attention to recent and emerging issues such as the gig economy, internet commerce, racial and gender justice, and concerns about the impact of business on global climate change. His lively and comprehensive book will give readers the tools to identify and understand a range of problematic ethical issues that affect us all.
This chapter begins by setting out the central elements of the distinctive idea of “the self” (das Selbst) that we find in Hegel’s Phenomenology. It demonstrates that the self must be understood as a determination of “spirit,” of the reciprocal interaction between self-conscious beings and their shared social world, so that Hegel defends a “social constitution” conception of the self. Conceptions of the self prescribe determinate relations of self-conscious beings to their actions and to one another, and depend on distinctive forms of language. It tracks the first two conceptions of the self that emerge in the text, that of the person, and of absolute freedom, and unpacks the criticisms of these conceptions implicit in Hegel’s account. While personhood can be affirmed universally of everyone, it is alienating since it cannot include individuals’ particularity. While individuals can understand themselves in terms of the norms of absolute freedom, that conception of the self undermines the bases for relations of reciprocity among them. It concludes by considering the implications of Hegel’s critiques for Stephen Darwall’s conception of recognition.
Hegel's Phenomenology of Spirit is famed for its account of the problem of recognition. Yet while readers agree about the importance of its influential accounts of the struggle to the death and the master/slave relation in developing that problem, there is no consensus regarding what sorts of relations among subjects would count as successful forms of recognition. Timothy Brownlee articulates the essential connections between Hegel's concepts of recognition and the self, and presents a novel interpretation of the Phenomenology that traces the emergence of actual relations of reciprocal recognition through the work as a whole. He focuses on the distinctive social constitution conception of the self that Hegel develops in his account of 'spirit,' and demonstrates that the primary significance of recognition lies in its contribution to self-knowledge. His book will be valuable for scholars and students interested in Hegel, German Idealism, and philosophical conceptions of recognition.
Du Bois delivered “To the World” as an address at the Second Pan-African Congress in London in August 1921, and the conference delegates approved its resolutions, as well as those of a separate manifesto addressed specifically to the League of Nations. Both were published in The Crisis in November 1921. “To the World” declares racial equality to be the “founding stone of world peace and human advancement and insists on the world’s duty to assist in the advancement of the “backward.” It projects a vision of “interracial contact” based on democratic political institutions and mutual respect and argues that poverty and class conflict in developed countries (“culture lands”) can be truly solved only when white nations stop perpetrating even greater poverty and injustice among “darker peoples.” The manifesto to the League makes three key demands: that the International Bureau of Labor establish a section to deal with Negro labor in Africa and the “Islands of the Sea”; that a man of Negro descent be appointed to the League’s Mandates Commission; and that the League attend to legal and cultural bias against “civilized persons of Negro descent.”
This chapter argues for a revised theory of moderate vaccine cosmopolitanism, grounded in a Thomistic natural law interpretation of the principle of solidarity, tempered by the principle of subsidiarity. Solidarity does call for love of neighbour, and therefore for global responsibilities of mutual care among nations. However, love of neighbour does not necessitate equality of treatment and resources, or equality of care and concern. Instead, it necessitates equity: love requires shared yet differentiated duties to care for those in need, according to their needs and our relationships to the most vulnerable. So, love tolerates – and even justifies – some partiality in taking care first of those in one’s own community, without abandoning outsiders to their own luck. This understanding of solidarity is predicated on the idea of equality of dignity – meaning, equal respectful consideration and loving regard among persons and nations. Equality of dignity is consistent with treating, caring, and being concerned with different people in different ways, according to their different needs and their different relationships to us, like the principle of subsidiarity suggests.
This chapter, the volume’s Introduction, formulates central analytical and practical challenges posed by the effort to render the solidarity principle in concrete regulations, policies and legal outcomes, that is in “inscriptions of solidarity” in the terminology adopted here. Actors and institutions have often relied on the solidarity principle in their response to new challenges but that reliance poses as many new questions as it answers. Some of these questions are related to the fact that invocations of the solidarity principle have thus far largely failed to effectively reverse the tendency toward growing inequality. The chapter identifies not only positive elements of solidarity’s “inscriptions” but also challenges, especially those that involve enforceability and that partly reflect the frequent use of soft-law instruments in renderings of the solidarity principle. The chapter also explores the interactions – in application – between the principles of solidarity and equality, underscoring the usefulness of efforts to build synergies between those two legal framings or “labels” for initiatives designed to protect vulnerable sectors of the population, constructing an inclusive solidarity. In practice, actors have faced choices about how to frame policies that address crucial social needs.
The proportionality exam as developed by the German Constitutional Court expresses the idea that constitutional rights cannot be overruled neither by other constitutional rights nor public interests. Instead, colliding rights and public interests should be satisfied as factually and legally possible. The chapter defends that the integrated proportionality test, which analyzes suitability, necessity and proportionality in its narrow sense, while including a modulation of the intensity of the scrutiny, may become a powerful adjudication device. It allows for a nuanced implementation of the three subprinciples of the proportionality exam, enabling courts to level the ground for disadvantaged groups. To show the usefulness of the modulated exam in dealing with structural inequality in Latin America, two cases involving political rights decided by the Inter-American Court of Human Rights (Castañeda Gutman and Yatama v. Nicaragua) are examined.
We all share a common interest in preserving the well-being of our planet. But the changing climate does not affect us in the same ways, at the same pace, or to the same degree. This is because of where we live, but also due to our respective levels of wealth and income, our physical and mental disabilities, the colour of our skin. We can’t address climate change without contending with issues of difference and inequality. It’s precisely because those least responsible for climate change will suffer its most severe impacts – within cities and regions and across the globe – that an approach which takes account of that imbalance is essential. Applying an equality lens to climate litigation is not just the right thing to do; it’s also more effective. By underscoring the ways in which climate change is a reflection of unjust power relations, a focus on equality makes it more likely that policy will attend to climate change’s causes and help ensure that the most culpable bear the greatest costs of redress. While some cases should advance the universal rights of everyone to a sustainable climate, litigation through an equality lens offers distinctive political, strategic, and jurisprudential advantages.
This chapter explores skills and training in archaeology, especially university-level training opportunities. It includes pre-university and school-level training opportunities and fieldwork opportunities, and it addresses accessibility and equality issues in archaeology.
Liberal constitutional discourse has been dominated by a proceduralist, acontextual, universalising worldview. This Rawlsian vision of constitutionalism castigates thick, substantive, moral commitments (other than fundamental rights) in constitutions as illiberal and unwise, at best to be tolerated as minor deviations only when absolutely unavoidable. In practice, however, the ideal of proceduralist constitutionalism is approximated only by a handful of liberal democratic states, arguably the United States and Australia.1 Many other (sufficiently or aspirationally) liberal-democratic states not only include thick moral commitments in their constitutions, tasking their governments with the duty to govern well, but also specify various facets of (what they believe to be required by) good governance.
Jeff King has characterised such thick moral commitments as constitutional ‘mission statements’.2 An important, but much-ignored, form of these thick commitments is a set of provisions I will call ‘constitutional directives’ or simply ‘directives’.
Clear understanding of artificial intelligence (AI) usage risks and how they are being addressed is needed, which requires proper and adequate corporate disclosure. We advance a legal framework for AI Fairness Reporting to which companies can and should adhere on a comply-or-explain basis. We analyse the sources of unfairness arising from different aspects of AI models and the disparities in the performance of machine learning systems. We evaluate how the machine learning literature has sought to address the problem of unfairness through the use of different fairness metrics. We then put forward a nuanced and viable framework for AI Fairness Reporting comprising: (1) disclosure of all machine learning models usage; (2) disclosure of fairness metrics used and the ensuing trade-offs; (3) disclosure of de-biasing methods used; and (d) release of datasets for public inspection or for third-party audit. We then apply this reporting framework to two case studies.
The collapse of traditional hierarchies in the nineteenth and twentieth centuries forced political thinkers to wrestle with the practical implications of social and political equality, and gave birth to the liberal tradition of political thought. The liberal response to this development came in two overlapping stages. First, the democratization of public and private life made it clear that the power that we exercise over each other in modern societies is reciprocal, insidious, and pervasive, and gave new urgency to the problem of carving out a domain of nonresponsible conduct. Second, the rise of industrial capitalism exposed the tension between the dependence that we experience in our private lives and the independence that we are expected to display as citizens, and gave new urgency to the task of creating the conditions under which people become fit to be held responsible for what they do. Because these two projects are often at odds with one another, the characteristic note of liberal political thought is one of balance and compromise as we seek to strike an appropriate balance between republican and market freedom.
Even where willingness-to-pay as a measure of welfare impact is adjusted for diminishing marginal utility, welfare economics is shown to favour policies that add to the life expectancy or that enhance the quality of life of persons who are already better-off. I propose an alternative, Equal Respect methodology, under an axiomatic claim that at the point of decision the prospective life years of all individuals are of equal intrinsic social value. This justifies equal valuation of risk mitigation across all persons; similarly, all appraised impacts should be scaled to accord equal respect to difficult but no-less-valuable lives.