Books on the topic 'Individual Fairness'
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1
Hao, Jianye, and Ho-fung Leung. Interactions in Multiagent Systems: Fairness, Social Optimality and Individual Rationality. Berlin, Heidelberg: Springer Berlin Heidelberg, 2016. http://dx.doi.org/10.1007/978-3-662-49470-7.
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Ellemers, Naomi, ed. World of Difference. Translated by Gioia Marini. NL Amsterdam: Amsterdam University Press, 2017. http://dx.doi.org/10.5117/9789462984028.
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Public debates tend to see social inequality as resulting from individual decisions people make, for instance with respect to their education or lifestyle. Solutions are often sought in supporting individuals to make better choices. This neglects the importance of social groups and communities in determining individual outcomes. A moral perspective on social inequality questions the fairness of insisting on individual responsibilities, when members of some groups systematically receive fewer opportunities than others. The essays in this book have been prepared by experts from different disciplines, ranging from philosophy to engineering, and from economics to epidemiology. On the basis of recent scientific insights, World of Difference examines how group memberships impact on individual outcomes in four key domains: health, education and work, migration, and the environment. This offers a new moral perspective on social inequality, which policy makers tend to neglect.
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Little, Blaine. Individual Team: How Fairness Wrecked the Workplace. Independently Published, 2020.
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Leung, Ho-fung, and Jianye Hao. Interactions in Multiagent Systems: Fairness, Social Optimality and Individual Rationality. Springer Berlin / Heidelberg, 2016.
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Leung, Ho-fung, and Jianye Hao. Interactions in Multiagent Systems: Fairness, Social Optimality and Individual Rationality. Springer, 2018.
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Leung, Ho-fung, and Jianye Hao. Interactions in Multiagent Systems: Fairness, Social Optimality and Individual Rationality. Springer London, Limited, 2016.
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Summers, Sarah, and John Jackson. Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms. Bloomsbury Publishing Plc, 2018.
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Jackson, John D., and Sarah J. Summers. Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms. Bloomsbury Publishing Plc, 2020.
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Don't judge a book by its cover: Stories about fairness and good judgment. New York: Disney Press, 2005.
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Ferreira, Francisco H. G., and Vito Peragine. Individual Responsibility and Equality of Opportunity. Edited by Matthew D. Adler and Marc Fleurbaey. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199325818.013.24.
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Building on earlier work by political philosophers, economists have recently sought to define a concept of equity that accommodates the fairness of reward to individual responsibility and effort, while allowing for the existence of some inequalities that are unfair and should be compensated. This chapter provides a critical review of the economic literature on equality and inequality of opportunity. A simple “canonical model” of equal opportunity is proposed, and used to explore the two fundamental concepts in this (relatively) new theory of social justice: the principles of compensation and reward. Ex ante and ex post versions of the compensation principle are presented, and the tensions between them are discussed. Different approaches to the measurement of inequality of opportunity—and empirical applications—are reviewed, and implications for the measurement of poverty and of the rate of economic development are discussed.
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Banu, Roxana. Individual-Centered and State-Centered Internationalist Perspectives in American Private International Law Theory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819844.003.0005.
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This chapter starts by briefly describing the first wave of the realist theory in the writings of Walter Wheeler Cook and Ernest G. Lorenzen and then Brainerd Currie’s much more developed state-interest theory. The chapter then outlines a rich and underexplored debate among American realist scholars, with their critics, about the implications of choosing the individual or the state as the analytical point of departure in PrIL theory and methodology. It underscores three different ways in which individual-centered arguments were used to try to temper Currie’s state-centered premises. In reviewing critiques against Currie’s state-centered perspective, the analysis in this chapter distinguishes between arguments focused on fairness, those based on equity and equality, and those based on a sociological notion of disaggregated state interests. The chapter further discusses the parallels between the American realist perspective and the nineteenth-century relational internationalist perspective introduced in Chapter 2.
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Tom, Grant. Part I The International Law of Tainted Money, 6 International Legal Sources V—the UN Security Council Delisting Procedure. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198716587.003.0006.
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This chapter considers a particular aspect of the UN Security Council sanctions regime: the procedure for removing individuals or entities from the Sanctions List. The novelty of the delisting procedure justifies considering it in some detail. The delisting procedure is the main response at the international level to the human rights question raised by the Security Council sanctions regime. Because certain consequences for an individual follow at the national level from the fact of the individual having been listed, a procedure that goes to the listing itself holds particular interest for those to whom the regime might apply. The chapter concludes that the delisting procedure will continue to evolve as the Security Council grapples with procedural fairness and individual rights with which it has not historically had much to do.
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Scanlon, T. M. Procedural Fairness. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198812692.003.0004.
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Equality of opportunity requires that individuals should be selected for positions of advantage on the basis of relevant qualifications and that the ability to acquire these qualifications should not depend on the economic status of a person’s family. This chapter offers an institutional account of the moral basis of the first of these requirements. This account presupposes that positions of advantage are justified by the benefits they produce when they are held by individuals with the relevant abilities. The notion of ability relevant to considerations of procedural fairness therefore depends on the aims that justify the institution in question and on the way it is organized to promote these aims. The chapter relates this idea of fairness to the ideas of equal concern and non-discrimination and discusses the implications of procedural fairness for affirmative action.
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Gibson, James L., and Michael J. Nelson. Have Ferguson and Its Companions Contaminated Black Support for Legal Institutions? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190865214.003.0004.
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Given that African Americans have been victimized by the abuses of individual police officers as well as by discriminatory public policies such as “stop-and-frisk,” it is no surprise that considerable alienation seems to characterize the contemporary relationship between African Americans and the legal institutions that govern them. But have those attitudes poisoned more general views of legal institutions such as the U.S. Supreme Court? Using a nationally-representative sample of African Americans, we assess whether blacks generalize from their experiences with local authorities to perceptions of legal system fairness, and further to institutional support for the high bench. While we find that perceptions of legal system fairness have not undermined Supreme Court legitimacy, all of the relationships we consider are found to be conditional upon the nature of group attachments.
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Bobek, Donna D. Tax fairness: How do individuals judge fairness and what effect does it have on their behavior? 1997.
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Lazenby, Mark. Trustworthiness. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199364541.003.0002.
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Trustworthiness, which, according to Onora O’Neill, includes competence, reliability, and honesty, is one of the habits of a good nurse. The profession of nursing ensures the competence of individual nurses. The profession has proven itself reliable through the competent work of individual nurses. Yet because people are in a dependent state when they need nursing care, they call upon individual nurses to be reliable. This has the effect of making individual nurses respond with reliability. Nurses do not deceive their patients, and in this way they are honest. But honesty also includes fairness. Nurses are fair in that they have little stake in profiting from the business of health care; nurses care for people regardless of wealth or social status; and nurses have a concern for the poor and dispossessed. Through trustworthy care, nurses add to the public’s storehouse of trust. This is, in part, the ethical significance of nursing.
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Cordray, Richard. Watchdog. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197502990.001.0001.
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Growing problems in the increasingly one-sided consumer finance markets blew up the economy in 2008. In the aftermath, Congress created the Consumer Financial Protection Bureau. Using stories of individual consumers, Watchdog shows how the bureau quickly became a powerful force for good, suing big banks for cheating or deceiving consumers, putting limits on predatory lenders, simplifying mortgage paperwork, safeguarding the mortgage market and the economy, and stepping in to help solve problems raised by individual consumers. It tells a hopeful story of how the American system can be reformed by putting government back on the side of the people, to strengthen families, safeguard the marketplace, and establish a new baseline of fairness in democratic society.
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Sugden, Robert. Psychological Stability. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825142.003.0008.
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Chapter 8 asks what properties a market economy must have if it is to be psychologically stable—that is, if it is to reproduce a general belief that its governing principles are fair. I argue that, because of the division of knowledge and because the opportunities open to each person depend on how other people choose to use their opportunities, full equality of opportunity is not compatible with a market economy. Psychological stability has to rest on continuing expectations of mutual benefit, defined relative to a baseline that evolves over time and that cannot be justified in terms of abstract principles of fairness. However, if the market is to be recommended to each individual separately, each individual must be able to expect to share in the benefits that markets create. Maintaining such expectations typically requires redistributive mechanisms.
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Ignatans, Dainis, and Ken Pease. Crime Concentrations. Edited by Gerben J. N. Bruinsma and Shane D. Johnson. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190279707.013.18.
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This chapter begins by sketching out where the practice of policing may be heading, and what we need to do differently, so as to arrive at a roughly envisioned future ethically and in good order. A police presence at all places at all times being impossible, the practical issue is where and when to place officers or their technological surrogates. It then considers optimized distribution of effort and resource, given the central aim of fairness in the distribution of crime harm. It illustrates current levels of inequality of victimization, and claim that reducing the current concentration, at individual and area levels, should be an explicit underpinning vision for policing. It briefly reviews the relevant literature and its implications.
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Caudill, Edward. Science on Trial. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038013.003.0006.
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This chapter examines the resurrection of William Jennings Bryan's rhetoric in the twenty-first century, one in Kansas and the other in a small town in Pennsylvania, as creationists continued to appeal to individual rights and democratic principles. One side fumed for science and against theocracy. The other side railed about the assault on religion and bemoaned the abandonment of sacred traditions. In both cases, two worldviews are evidently in conflict. This chapter begins with an overview of the controversy involving the State Board of Education in Kansas, which adopted science standards in 2005 that treated evolution as a flawed theory. It then considers the case in Dover involving the American Civil Liberties Union and how it brought intelligent design to “the center of legislative debates in more than a dozen states.” It shows that the Dover trial was proof that, over the years since Scopes, creationism had moved from a faith-based argument to one that claimed to be empirically grounded and an argument not about religion in schools but about individual rights and fairness.
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Dietz, Joerg, and Emmanuelle P. Kleinlogel. Employment Discrimination as Unethical Behavior. Edited by Adrienne J. Colella and Eden B. King. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199363643.013.5.
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We argue that research on employment discrimination can be enriched by studying it as unethical behavior. Using five moral principles, namely utilitarianism, distributive justice, righteousness of actions, virtuousness, and ethics of care, we illustrate the treatment of employment discrimination as a moral issue. An overarching theme in this discussion is that nondiscrimination is a fundamental human right. Next, the chapter illustrates how individual-difference variables that predict unethical behavior, such as moral disengagement and cognitive moral development, can contribute to advancing knowledge about employment discrimination. A similar argument is then presented for situational predictors of unethical behavior, such as obedience with requests from organizational authorities. Lastly, we discuss the role of classic interventions against unethical behavior, such as codes of conduct and the emphasis on fairness as a moral imperative, for combating employment discrimination.
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Telep, Cody W., and David Weisburd. Crime Concentrations at Places. Edited by Gerben J. N. Bruinsma and Shane D. Johnson. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190279707.013.13.
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Every research enterprise takes place in a context, political, economic, and technological context. So it is with policing research. This chapter begins by sketching out where the practice of policing is heading, and what we need to do differently, so as to arrive at a roughly envisioned future ethically and in good order. A police presence at all places at all times being impossible, the practical issue is where and when to place officers or their technological surrogates. The chapter considers optimized distribution of effort and resource, given the central aim of fairness in the distribution of crime harm. It illustrates current levels of inequality of victimization, and claims that reducing the current concentration at individual and area levels should be an explicit underpinning vision for policing. It also briefly reviews the relevant literature and its implications.
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Ryan, Ann Marie, and Jennifer Wessel. Fairness in Selection and Recruitment: A Stigma Theory Perspective. Edited by Susan Cartwright and Cary L. Cooper. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199234738.003.0022.
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This article explores how concepts from research on stigmatization can inform and enhance the understanding of applicant reactions to selection procedures. It is important to emphasize that the article is not about what might lead an organization's representatives to engage in discriminatory practices or about the adverse impact of different selection tools; it is about the perceptions and behaviors of those applicants who are members of stigmatized groups. It begins with a very brief, general review of the literature on applicant perceptions, where it discusses the importance of studying, in particular, the reactions of individuals who might be considered members of stigmatized groups in any given society. Next, the article introduces some core concepts from the literature on stigmatization. Finally, it discusses how these concepts might inform understanding of how individuals react to recruitment and selection processes beyond what has been established in the literature on applicant reactions.
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van Dijck, José, Thomas Poell, and Martijn de Waal. The Platform Society. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190889760.001.0001.
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Individuals all over the world can use Airbnb to rent an apartment in a foreign city, check Coursera to find a course on statistics, join PatientsLikeMe to exchange information about one’s disease, hail a cab using Uber, or read the news through Facebook’s Instant Articles. In The Platform Society, Van Dijck, Poell, and De Waal offer a comprehensive analysis of a connective world where platforms have penetrated the heart of societies—disrupting markets and labor relations, transforming social and civic practices, and affecting democratic processes. The Platform Society analyzes intense struggles between competing ideological systems and contesting societal actors—market, government, and civil society—asking who is or should be responsible for anchoring public values and the common good in a platform society. Public values include, of course, privacy, accuracy, safety, and security; but they also pertain to broader societal effects, such as fairness, accessibility, democratic control, and accountability. Such values are the very stakes in the struggle over the platformization of societies around the globe. The Platform Society highlights how these struggles play out in four private and public sectors: news, urban transport, health, and education. Some of these conflicts highlight local dimensions, for instance, fights over regulation between individual platforms and city councils, while others address the geopolitical level where power clashes between global markets and (supra-)national governments take place.
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Konstan, David. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190887872.003.0007.
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In this short book, I have explored the way Greek and Roman conceptions of love affected their thinking about a range of sentiments in ways that may seem strange or at all events different to us today. The idea that love might erase the boundaries that separate two distinct selves puts in question our sense of what it is that constitutes an individual identity. It raises questions as well about the nature of altruism versus egoism, both because self-interest is often assumed to be the primary if not the sole motive for human action, and because, if friends really are another self, then it becomes difficult to distinguish at all what is done for the sake of another and what is done for one’s own sake. As an emotion, moreover, love stands apart from other motives for social interaction, for example, duty, obligation, a code of fairness or reciprocity, and sheer economic calculation, which is presumed to condition the behavior of the rational agent of choice postulated by modern economic theory....
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Daly, Paul. Understanding Administrative Law in the Common Law World. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896919.001.0001.
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This book has three goals: to enhance understanding of administrative law; to guide future development of the law; and to justify the core features of the contemporary law of judicial review of administrative action. Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland and New Zealand, Dr Daly develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies and the scope of judicial review, everything from the rule against bias to jurisdictional error to the application of judicial review principles to non-statutory bodies. Addressing this wide array of subjects in detail, Dr Daly demonstrates how his pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance academics’, students’, practitioners’ and judges’ understanding of administrative law. Furthermore, this pluralist approach is capable of guiding the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. Dr Daly closes by arguing that his values-based, pluralist framework supports the legitimacy of contemporary administrative law which although sometimes called into question in fact facilitates the flourishing of individuals, of public administration and of the liberal democratic system.
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Hyams, Keith. On the Contribution of Ex Ante Equality to Ex Post Fairness. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801221.003.0002.
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When distributing an indivisible harm or benefit between multiple individuals, all of whom have an equal claim to avoid the harm or receive the benefit, it is commonly thought that one should hold a lottery in order to give each claimant an equal chance of winning. Moreover, it is often said that, by holding a lottery, one makes the resultant outcome inequality between those who receive the harm or benefit and those who do not less unfair than it would otherwise have been. Versions of this view have been prominently endorsed by a number of authors, including Arneson, Broome, Diamond, Lang, Otsuka, Parfit, and Temkin. I argue that the view is mistaken. I note that the failure of the view has significant consequences for policy, including most importantly for how we should interpret the goal of fair equality of opportunity.
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Alison, Bisset. Part II The Right to Know, B Commissions of Inquiry, Principle 9 Guarantees for Persons Implicated. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0013.
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Principle 9 provides guarantees of procedural fairness for persons implicated in past violations. An important element of a commission’s historical account is to identify those responsible for past violations, which contributes to the fulfilment of the right to truth. However, the consequences of being named in a final report can have important ramifications, especially for an individual’s reputation, family life and privacy. Before commissions publish findings in relation to specific persons, best practice dictates that information implicating individuals be corroborated and that they be afforded a right to reply to the allegations against them. Such requirements impose administrative burdens on commissions given their often limited resources and short temporal mandates. After giving a contextual and historical background on Principle 9, this chapter discusses its theoretical framework and how commissions operate in practice in terms of verifying the allegations against certain individuals.
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Olson, Kristi A. The Solidarity Solution. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190907457.001.0001.
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What is a fair income distribution? The empirical literature seems to assume that equal income would be fair, but the equal income answer faces two objections. First, equal income is likely to be inefficient. This book sets aside efficiency concerns as a downstream consideration; it seeks to identify a fair distribution. The second objection—pointed out by both leftist political philosopher G. A. Cohen and conservative economist Milton Friedman—is that equal income is unfair to the hardworking. Measuring labor burdens in order to adjust income shares, however, is no easy task. Some philosophers and economists attempt to sidestep the measurement problem by invoking the envy test. Yet a distribution in which no one prefers someone else’s circumstances to her own, as the envy test requires, is unlikely to exist—and, even if it does exist, the normative connection between the envy test and fairness has not been established. The Solidarity Solution provides a novel answer: when someone claims that her situation should be improved at someone else’s expense, she must be able to give a reason that cannot be rejected by a free and equal individual who regards everyone else as the same. Part I develops the solidarity solution and shows that rigorous distributive implications can be derived from a relational ideal. Part II uses the solidarity solution to critique the competing theories of Ronald Dworkin, Philippe Van Parijs, and Marc Fleurbaey. Finally, part III identifies insights for the gender wage gap and taxation.
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Temkin, Larry S. Being Good in a World of Need. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192849977.001.0001.
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Ours is a rich world filled with misery. This gives rise to a pressing question: how should the well-off respond to the needy? Peter Singer famously argued that just as we have an obligation to save a drowning child, we have an obligation to support charities like Oxfam. Inspired by Singer, Effective Altruism holds that we ought to support those charities doing the most good. Being Good in a World of Need powerfully challenges these views. Drawing on many sources, Temkin illustrates many disanalogies between saving a drowning child and supporting international charities, involving: intervening agents; effects of one’s actions; corruption; responsibility; accidents versus injustice; and aid beneficiaries. These disanalogies raise complex issues requiring a pluralistic approach, rather than Effective Altruism’s monistic, “do the most good” approach. Being Good discusses: ways aid may reward corrupt leaders and incentivize disastrous policies; charities ignoring or covering up negative impacts; the ethical disaster of aid efforts in Goma; brain and character drains; difficulties in replicability or scaling up model aid projects; ethical imperialism, paternalism, autonomy, and respect; Angus Deaton’s contention that aid undermines government responsiveness; Jeffrey Sachs and the Millennium Villages Project; conflicts between individual and collective morality; fairness and responsibility; focusing on badly off people rather than countries; humanitarian versus development aid; and ways of aiding other than on-the-ground charities. Being Good reinforces Temkin’s longstanding view that, morally, the well-off can’t ignore the needy. Unfortunately, what one should do given that truth is much more complex, and murky, than most have realized.
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Zambrano, Eduardo. A ‘Rights-Based’ Approach to Optimal Tax Policy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198812555.003.0019.
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In this chapter I propose a comprehensive framework for the evaluation of policy reforms that have both winners and losers. The starting point of the analysis is the identification of what individuals have a right to. The next step is the identification of principles of efficiency, fairness, and robustness out of which a social ordering function can be constructed for the ranking of social states. The resulting methodology gives priority in the social evaluation to the situation of those individuals who are being treated the most unfairly by policies, relative to what they have a right to. The chapter aims to illustrate how to implement the methodology in a situation involving tax reform.
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Earley, Martin. Fairness Morality Simplicity: Principles and Proposals to Simplify and Make Fairer the Welfare and Tax Relationship Between Individuals and the State Within a Moral Framework. Brown Dog Books, 2022.
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Woods, Jordan Blair. LGBTQ in the Courtroom. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190658113.003.0004.
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This chapter reviews a limited but emerging body of research on biases that arise and affect lesbian, gay, bisexual, transgender, and queer (LGBTQ) jurors as well as juror decision-making when LGBTQ individuals are involved in criminal cases. The chapter also discusses recent research and legal developments surrounding jury selection and LGBTQ identity and describes debates over best practices to identify and combat anti-LGBTQ juror biases. Finally, the chapter reviews gay and trans “panic” defenses in cases involving the murders of LGBTQ individuals and examines other challenges that LGBTQ defendants and victims face in different criminal contexts. Although there is a need for future studies, the available research illustrates how challenges linked to sexuality and gender identity in the criminal jury system can compromise legitimacy and fairness in the criminal justice system more broadly.
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Aiste, Dumbryte. Part V Fairness and Expeditiousness of ICC Proceedings, 42 The Roads to Freedom—Interim Release in the Practice of the ICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0042.
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This Chapter examines whether the ICC has managed to achieve an appropriate balance between two competing values: the accused’s right to liberty and the effective administration of international criminal justice. It analyses the Court’s case-law on interim release, comparing it to the jurisprudence of the ad hoc tribunals and human rights courts. It covers the allocation of burden of proof in interim release cases, as well as the three grounds for interim release provided by the Rome Statute and the Court’s jurisprudence: absence of the risk of flight, interference with the proceedings, and further commission of crimes; unreasonable length of detention; and exceptional humanitarian circumstances. The Chapter points out shortcomings in the current legal framework of the Court and suggests several amendments of the Rome Statute in order to ensure that the accused individuals can effectively challenge their detention.
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Carbonara, Emanuela. Law and Social Norms. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.032.
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Legal norms are often seen as a means to regulate behaviour when neither self-interest nor social norms produce the desired behaviour in individuals. This suggests, on the one hand, that the law should regulate those areas in which social norms do not exist and provide support and extra enforcement in those areas where social norms exist. It also suggests on the other hand that there seems to be no questioning of the intrinsic efficiency and fairness of existing social norms. This article first looks at the genesis of social norms and the mechanism of their enforcement. This allows a closer inspection of the efficiency and fairness concepts. It then considers the impact that introducing legal norms has in contexts in which social norms already exist and in those that social interaction left unregulated. The main issue here is that the social norms prevailing at some historical moment may be just an equilibrium among multiple equilibriums. Given many possible equilibriums, we need to explain why and how one equilibrium is selected and others are rejected. The scholarship on social norms emphasizes that expressive acts in law can select the equilibrium. Legal norms seemingly reinforce existing social norms, bending them towards the law when discrepancy exists and favouring their creation where social norms do not exist. However, legal regulation can also destroy existing social norms (crowding out) or it can be defeated by them (legal backlash and countervailing effects).
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Blume, John H., Sheri L. Johnson, and Amelia C. Hritz. The American experience with the categorical ban against executing the intellectually disabled: New frontiers and unresolved questions. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780198722373.003.0012.
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In 2002, in Atkins v Virginia, the US Supreme Court ruled that executing individuals with intellectual disability violated the Constitution’s Cruel and Unusual Punishment Clause. The Court, however, left it to the states to implement the new categorical exclusion. Post-Atkins, some states have adopted definitions of intellectual disability and procedures that make it virtually impossible for defendants to prevail. Setting aside the disparate treatment of those who clearly fall within the clinical definition of intellectual disability, questions remain about the fairness and morality of executing someone who falls just on the ‘wrong’ side of the diagnostic line, but in every relevant respect is equally disabled. Atkins represents a steps down the road toward humanitarian recognition that many persons with mental disabilities are not sufficiently morally culpable for the death penalty.
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Vanderschraaf, Peter. Playing Fair. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199832194.003.0005.
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Norms requiring individuals to treat their partners fairly can evolve even in populations that lack well-defined identity groups. The emergence of fairness equilibria in the bargaining problem and in Augmented Stag Hunt is analyzed with inductive and evolutionary learning models applied to populations that are not subdivided into preexisting groups. Inductive learning models applied to the bargaining problem yield distributions of equilibrium solutions centered around the egalitarian solution that corresponds to a norm of equal division of benefits. Inductive and evolutionary learning models applied to the Augmented Stag Hunt yield distributions of equilibrium solutions where each side contributes to a commonly desired good that are supported by costly punishments for noncontributors. These results support the strong reciprocity hypothesis in the social sciences without employing the controversial idea of group selection.
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Retallack, James. The Struggle Against Revolution. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199668786.003.0005.
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This chapter focuses on the repression unleashed against Social Democrats in Saxony and Germany under Bismarck’s Anti-Socialist Law (1878–90). The chapter’s perspective moves between the national, regional, and local levels to assess the range of options open to those who sought to eradicate the “threat” of Social Democracy. The first section examines the national context of Bismarck’s war on socialism, while the following section considers Saxon peculiarities (opportunities and constraints). The focus falls on plans to impose the Lesser State of Siege on Leipzig. The next section discusses the Social Democrats’ continuing success in Landtag and Reichstag elections and zooms in on election battles “in the trenches.” Two final sections consider groups and individuals who played other roles in suppressing Social Democracy, in monitoring the fairness of elections, and in trying to rewrite the “rules of the game” for future election contests.
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Basu, Kaushik, and Robert C. Hockett, eds. Law, Economics, and Conflict. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501759383.001.0001.
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This book offers new perspectives on how to take analytic tools from the realm of academic research out into the real world to address pressing policy questions. As the chapters discuss, political polarization, regional conflicts, climate change, and the dramatic technological breakthroughs of the digital age have all left the standard tools of regulation floundering in the twenty-first century. These failures have, in turn, precipitated significant questions about the fundamentals of law and economics. The chapters address law and economics in diverse settings and situations, including central banking and the use of capital controls, fighting corruption in China, rural credit markets in India, pawnshops in the United States, the limitations of antitrust law, and the role of international monetary regimes. Collectively, the chapters rethink how the insights of law and economics can inform policies that provide individuals with the space and means to work, innovate, and prosper — while guiding states and international organization to regulate in ways that limit conflict, reduce national and global inequality, and ensure fairness.
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Tadros, Victor. To Do, To Die, To Reason Why. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198831549.001.0001.
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To Do, To Die, To Reason Why is concerned with a wide range of issues about the ethics of war and the legal regulation of war. It is especially concerned with the conduct of individuals, including whether they are required to follow orders to go to war, what moral constraints there are on killing in war, what makes people liable to be killed in war, and the extent to which the laws of war ought to reflect the morality of war. It defends a largely anti-authority view about the morality of war, and defends familiar moral constraints on killing in war, such as the Doctrine of Doing and Allowing and a version of the Doctrine of Double Effect. However, it argues that a much wider range of people are liable to be harmed or killed in war than is normally thought to be the case, on grounds of both causal involvement and fairness, and it argues that the laws of war should converge much more closely with the morality of war than is currently the case.
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DePrince, Anne P. Every 90 Seconds. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197545744.001.0001.
Full textAbstract:
Awareness of violence against women has never been greater, yet rates of such violence persist at jaw-dropping levels. In Every 90 Seconds, Dr. Anne P. DePrince argues that to end violence against women, we must fundamentally redefine how we engage with the problem—starting by abandoning the idea that awareness is enough to cause change or that such acts are someone else’s problem. Instead, she argues that we must come to see that we share a common interest in ending violence against women, which diminishes individuals and communities. DePrince traces the links between violence against women and the most important public health and economic issues of our time, including healthcare, education, and legal system reform as well as gun control and immigration. Drawing on research from her own work as well as across disciplines, DePrince explains how violence against women directly and daily affects each of us. In a call to action, the author offers new ways to work together to restore and ensure dignity, fairness, opportunity, and safety for women, girls, and our communities. The book is organized around the connections between violence against women and challenges facing the United States in terms of healthcare (Chapter 1), gun violence (Chapter 2), education access and success (Chapter 3), immigration policy (Chapter 4), economic justice (Chapter 5), and legal system reform (Chapter 6).
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Bryner, Gary. Environmental Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.167.
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Environmental justice brings together two of the most powerful social movements of the late twentieth and early twenty-first centuries, environmentalism and civil rights. Despite the success in reducing pollution and improving environmental quality in many areas, the reduction of race- and income-based disparities in environmental conditions, such as the levels of pollution to which individuals are exposed, has seen limited progress. Minority and low income communities continue to bear the brunt of environmental burdens. The idea of environmental justice also helps clarify the ethical issues underlying climate change and compels action to reduce the threat even in the face of uncertainties and to help poor nations with the costs of adapting to disruptive climate change. A major challenge in environmental justice is deciding how to define the problem. Five options for framing the issue of environmental justice capture most of the approaches taken by advocates and scholars. These are the civil rights framework; theories of distributive justice, fairness, and rights; the public participation framework, social justice framework, and ecological sustainability framework. These frameworks are not mutually exclusive. They overlap considerably and proponents of one primary framework may rely on elements of others as they frame the issues. Advocates of environmental justice will find that elements of each can contribute to their goal. No one framework is sufficient, but in recognizing where those with other views are coming from, we can develop opportunities for creative solutions that bring together alternative approaches.
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Sarra, Janis. From Ideas to Action. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198852308.001.0001.
Full textAbstract:
Climate change represents an urgent and potentially irreversible threat to human societies, economies, and the planet. Yet despite clear signals, we are slow to act in a meaningful way, despite the fact that we have the legal, political, and technological tools to transition our economies to net zero carbon. While some businesses are reluctant to take significant steps to reduce their carbon footprint, many companies are well-intentioned but feel somewhat paralysed in the face of overwhelming data that portend a financially and environmentally devastating future. Yet we can still reverse the trajectory of climate change, but it requires bold and informed action to reduce our carbon footprint in a manner that embeds fairness in the transition. This book offers a guide for companies, pension funds, asset managers, and other institutional investors to commence the legal, governance, and financial strategies needed for effective climate mitigation and adaptation, and to help distribute the economic benefits of these actions to their stakeholders. It takes the reader from ideas to action, from first steps to a more meaningful contribution to the move towards a ‘climate positive’ circular economy. It can also serve as a helpful guide to everyone implicated in a corporation’s activities—employees, pensioners, consumers, banks and other lenders, policy-makers, and community members. It offers insights into what we should be expecting, and asking, of these individuals who have taken responsibility for effectively managing our savings, our retirement funds, our investments, and our tax dollars.
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Hafemeister, Thomas. Criminal Trials and Mental Disorders. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479804856.001.0001.
Full textAbstract:
The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle like-cases in like-fashion, adhering to the proposition that the same rules and procedures should be employed regardless of a defendant’s wealth or poverty, social status, race, ethnicity, or gender. Yet, exceptions have been recognized when special circumstances are perceived to have driven a defendant’s behavior or are likely to skew the defendant’s trial. Examples include the right to act in self-defense and to be appointed an attorney if you cannot afford one. Another set of exceptions, but ones that are much more controversial, poorly articulated, and inconsistently applied, involves criminal defendants with a mental disorder. Some of these individuals are perceived to be less culpable, as well as less capable of exercising the rights all defendants retain within the justice system, more in need of mental health services than criminal prosecution, and warranting enhanced protections at trial. As a result, special rules and procedures have evolved over the centuries, often without fanfare and even today with little systematic examination, to be applied to cases involving defendants with a mental disorder. This book offers that systematic examination. It identifies the various stages of criminal justice proceedings when the mental status of a criminal defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, how they are currently resolved, and how forensic mental health assessments are conducted and employed during criminal proceedings.