Applied Ethics

Section 75 of the Criminal Justice Act (CJA) of 2003 overturned the principle in English law that a person cannot be retried for an offense of which he has been acquitted, recognizing advances in forensic science that uses modern analysis of DNA in adducing in evidence. The special plea of autrefois acquit can be overturned based on finding of compelling evidence after a previous acquittal of a suspect who can now be tried again for the same offense. The double jeopardy (...) arises only after a lawful acquittal or autrefois convict of the accused for the first offense and these principles have allowed exceptions to the rule against double jeopardy developed by the courts. There is an analogous rule in common law courts based on the unreasonable splitting of the case when there is a severing of indictments which overrides the bar on the accused being retried for the same offense. This paper examines the difficulty of trying a defendant fairly in the English courts when the defense has pleaded an abuse of process and there is no clear overall argument for trial. This question needs an appraisal of legal ethics in criminal courts because a retrial of the accused on the same charge breaches the autrefois acquit doctrine, and severing of an indictment can cause the fair trial process to be undermined. (shrink)

This article examines the inherently ethical nature of resource allocation in policing. Decision-makers must make trade-offs between values such as efficiency vs. equity, individual vs. collective benefit, and adopt principles of distribution which allocate limited resources fairly. While resource allocation in healthcare has been the subject of extensive discussion in both practitioner and academic literature, ethical resource allocation in policing has received almost no attention. We first consider whether approaches used in healthcare settings would be suitable for policing. Whilst there (...) are some high-level similarities in the relevant ethical considerations and processes—such as aiming for efficient and equitable resource deployment—there are also fundamental differences between the two settings, which we argue necessitate a different approach. These differences include: (1) greater diversity and incommensurability of the benefits of policing, (2) more frequent non-linearity in returns on policing investment, (3) greater “ethical divisibility” (permissible scaling down) of programs in policing, (4) a requirement to assess “need” for policing resources at the collective (rather than individual) level, and (5) clearer primacy of equity considerations in policing. Having drawn out the implications of these differences, we sketch some tentative proposals for ethical resource allocation in policing. (shrink)

In this paper we explore whether or not the use of risk assessment tools in criminal sentencing can be made compatible with a retributivist justification of punishment. While there has been considerable discussion of the accuracy and fairness of these tools, such discussion assumes that one’s recidivism risk is relevant to the severity of punishment that one should receive. But this assumption only holds on certain accounts of punishment, and seems to conflict with retributivist justifications of punishment. Drawing on the (...) broader desert literature, we explain the source of this conflict, and suggest that a retributivist approach on which the severity of punishment partly depends on one’s character in addition to their acts offers some hope of reconciling retributivism with the use of risk assessment tools in considerations of sentencing reduction in particular. Ultimately, however, even this limited attempt at reconciliation fails, so long as risk assessment tools fail to distinguish between risk that one is responsible for, and risk that one is not responsible for. (shrink)

For persons serving life-without-parole (LWOP) sentences in California, a commutation usually offers them the sole glimpse of hope for release from prison. While governors were reluctant to consider any sentence reductions from 1975 to 2016, commutations—including those for LWOP—have become a more frequent occurrence since. Yet, little is still known about how governors have justified reducing a sentence that initially offered no prospect of release from prison. Given the apparent change in practice, themes emerging from the content of 177 gubernatorial (...) commutation summaries granted to persons serving LWOP sentences between 2017 and 2021 are analyzed in this paper. Through open coding, rehabilitative indicators (programming and institutional conduct) emerged as necessary preconditions for a commutation, while retributive factors (a reassessment of the nature of the crime and the prerogative to adjust excessive prison sentences or to correct sentencing errors) complemented sentence reductions. The findings expose the ethical issues that arise from an LWOP sentence and the subsequent commutation. More specifically, they shed light on the commitment offenses underlying commuted LWOP sentences and raise questions regarding the penal objectives that are supposed to be accomplished with permanent imprisonment. (shrink)

Even though the measurement of fear of crime in criminological research commenced a few decades ago, specific populations, such as social activists, remain undocumented. This article is an attempt to address this gap. A study was conducted among 153 social activists involved in exposing corruption and irregularities that take place in the government system in India. This article explores the gap between the fear of crime and actual victimization among the specific social activists in India. The results indicate activists expressed (...) moderate fear of any one form of victimization including verbal and emotional, physical, and sexual victimization. It was also found that one-third of them have reported facing some form of abuse. The research implications are discussed. (shrink)

In the aftermath of George Floyd’s death on May 25, 2020, calls for substantive juvenile and criminal justice reform to promote racial and ethnic equity swept the nation. Challenging zero tolerance...

This article makes the case for a specific variety of what we call Collective Capital Institutions (CCIs), by returning to the idea of Wage-Earner Funds (WEFs) – a 1970s Swedish policy proposal designed gradually to shift ownership and control over parts of the economy to democratically controlled institutions. We identify two attractive rationales in favour of such a scheme and argue that both can fruitfully be transposed to the current worldwide economic situation. The egalitarian rationale is that WEFs could help (...) in the pursuit of equality by giving a wider set of people a stake in collectively owned companies and a right to their profits. The democratic rationale is that WEFs redistribute not only these profits, but also the power over economic decisions made within companies. We then contrast such schemes for collective capital ownership with the similar but much more privatised proposals set out in, for instance, John Rawls's idea of a ‘property-owning democracy’. We argue that CCIs ultimately are more likely to contribute to the development of the ‘sense of justice’ within society that is needed for a stable just society. We conclude that CCIs deserve a great deal more exploration in academic and political discussions of egalitarian economic systems. (shrink)

Work has always been a significant source of ethical questions, philosophical reflection, and political struggle. Although the future of work in a sense is always at stake, the issue is particularly relevant right now, in light of the advent of advanced AI systems and the collective experience of the COVID-19 pandemic. This has reinvigorated philosophical discussion and interest in the study of the future of work. The purpose of this survey article is to provide an overview of the emerging philosophical (...) field that engages with the future of work, with a special focus on equality and justice, and to outline a research agenda that can help the field to develop further. Section 2 provides some historical context for the current surge in interest in the topic. Then, we discuss what work is and whether there is a philosophy of work (Section 3). The four main sub-debates we then turn to concern the value of work (Section 4), distributive justice and work (Section 5), productive justice (Section 6), and institutional reforms prompted by changes in how work is organized (Section 7). The final section discusses the importance of the distinction between ideal and non-ideal theory in philosophical investigations into the future of work. (shrink)

Many individuals have miserable work lives, in which they must toil away at mind-numbing yet exhausting tasks for hours on end, being ordered about by their superiors, perhaps with few guarantees that this source of income will persist for very long. However, this is only half of the story: what is centrally important is that many of those who endure these conditions are denied a fair wage in return for the burdens that they bear. In this article, I reflect on (...) the significance of this fact in order to argue for the evaporation thesis. This thesis holds that individuals’ claims to particular employment-related protections from their government disappear as their earnings increase. In the course of defending this position, I explore the moral difference an employee's wage offer makes to the work conditions that we can expect her to accept, including why there are limits to the role that cash can play here. (shrink)

Many individuals have miserable work lives, in which they must toil away at mind-numbing yet exhausting tasks for hours on end, being ordered about by their superiors, perhaps with few guarantees that this source of income will persist for very long. However, this is only half of the story: what is centrally important is that many of those who endure these conditions are denied a fair wage in return for the burdens that they bear. In this article, I reflect on (...) the significance of this fact in order to argue for the evaporation thesis. This thesis holds that individuals’ claims to particular employment-related protections from their government disappear as their earnings increase. In the course of defending this position, I explore the moral difference an employee's wage offer makes to the work conditions that we can expect her to accept, including why there are limits to the role that cash can play here. (shrink)

Many individuals have miserable work lives, in which they must toil away at mind-numbing yet exhausting tasks for hours on end, being ordered about by their superiors, perhaps with few guarantees that this source of income will persist for very long. However, this is only half of the story: what is centrally important is that many of those who endure these conditions are denied a fair wage in return for the burdens that they bear. In this article, I reflect on (...) the significance of this fact in order to argue for the evaporation thesis. This thesis holds that individuals’ claims to particular employment-related protections from their government disappear as their earnings increase. In the course of defending this position, I explore the moral difference an employee's wage offer makes to the work conditions that we can expect her to accept, including why there are limits to the role that cash can play here. (shrink)

Many individuals have miserable work lives, in which they must toil away at mind-numbing yet exhausting tasks for hours on end, being ordered about by their superiors, perhaps with few guarantees that this source of income will persist for very long. However, this is only half of the story: what is centrally important is that many of those who endure these conditions are denied a fair wage in return for the burdens that they bear. In this article, I reflect on (...) the significance of this fact in order to argue for the evaporation thesis. This thesis holds that individuals’ claims to particular employment-related protections from their government disappear as their earnings increase. In the course of defending this position, I explore the moral difference an employee's wage offer makes to the work conditions that we can expect her to accept, including why there are limits to the role that cash can play here. (shrink)

Many individuals have miserable work lives, in which they must toil away at mind-numbing yet exhausting tasks for hours on end, being ordered about by their superiors, perhaps with few guarantees that this source of income will persist for very long. However, this is only half of the story: what is centrally important is that many of those who endure these conditions are denied a fair wage in return for the burdens that they bear. In this article, I reflect on (...) the significance of this fact in order to argue for the evaporation thesis. This thesis holds that individuals’ claims to particular employment-related protections from their government disappear as their earnings increase. In the course of defending this position, I explore the moral difference an employee's wage offer makes to the work conditions that we can expect her to accept, including why there are limits to the role that cash can play here. (shrink)

Justice in production is concerned with ensuring the benefits and burdens of work are distributed in a way that is reflective of persons' status as moral equals. While a variety of accounts of productive justice have been offered, insufficient attention has been paid to the distribution of work's benefits and burdens in the future. In this article, after granting for the sake of argument forecasts of widespread future technological unemployment, we consider the implications this has for egalitarian requirements of productive (...) justice. We argue that in relation to all the benefits affiliated with work, other than undertaking social contribution, the technological replacement of work is unproblematic as these benefits could in principle be attained elsewhere. But because social contribution uniquely corresponds to work (when work is understood as more than a paid job), the normative assessment of technological unemployment will turn on the value that theories of justice give to contributive activity. We then argue that despite technological replacement being plainly beneficial insofar as it relieves persons from the burdens of work, such as dangerous work or drudgery, because the nature of care work makes it less susceptible to technological replacement, egalitarian concern will require the burdens of care work to be shared equally between individuals. (shrink)

This article examines an omission in the study of discretionary time that bears on proposals currently being evaluated in this part of political philosophy. Specifically, this is the tendency in many jobs for work time to bleed into what is meant to be protected or discretionary time. I refer to this phenomenon as the relative proximity of labour and capital, which has become more prevalent in the labour market due to increased use of mobile communications technology. Ignored by the literature (...) is the fact that whether a job exhibits a high degree of proximity of labour and capital will influence workers' access to their discretionary time entitlements, including policies such as workplace flexibility and the four-day week. To account for this, I provide a descriptive and normative account of the proximity of labour and capital, in response to which I propose a remedial policy that provides workers with greater autonomy over how and when they take up their discretionary time entitlements. (shrink)

Demands for free time protections are often justified with appeal to a concern for individuals' welfare. The idea is that people would enjoy greater levels of welfare if they had more access to free time. This article shows that the currently most sophisticated version of the welfare argument is inconclusive. It then shows how this argument can be modified and extended to become conclusive. The main claim is that policymakers have a decisive welfare-based reason to implement free time protections that (...) go even further than those already in place in countries that are known for their good work–life balance. (shrink)

How might good work – skilled, autonomous work which affords workers opportunities for meaningful social cooperation in decent conditions – be made available to all? I evaluate five commonly advanced strategies: an unregulated labor market, egalitarian redistribution of resources, state regulation, collective bargaining, and workplace democracy. Each, I argue, has significant limitations. An unregulated labor market ignores workers' unduly weak bargaining power vis-à-vis employers. Egalitarian redistribution alone fails to solve this problem due to distinctive and endemic imperfections of labor markets. (...) Direct state regulation is insufficiently context-sensitive and insufficiently dynamic in the face of technological and other developments. Collective bargaining gives workers only indirect and sometimes costly influence over their working conditions. And workplace democracy leaves workers vulnerable to collective action problems induced by competition between firms. I argue, however, that these strategies can be complemented in a promising way by ‘syndicalist economic democracy’: direct worker participation in the government of the economy, largely specific to particular occupations or economic sectors but above the level of the individual workplace. (shrink)

Individuals have different experiences of work when they are self-employed, when they perform tasks in the gig economy, and when they follow directives from managers. But such differences are not represented in some of the most prominent non-ideal theories of work. These describe workers as a coherent group, with a position in the structure of the liberal capitalist economy. I present an alternative that does better at acknowledging difference, through a description of work and workers that has greater ‘pluralism’ and (...) less ‘unifying coherence’. Some might insist that their ‘unifying’ description has superior empirical plausibility. But if ‘pluralistic’ descriptions are valid rivals to provide an accurate characterization of our current condition, then we should consider whether their use in theory can serve valuable aims. I identify the distinctive and valuable non-ideal aims – epistemic, evaluative, and normative – that can be pursued with ‘pluralistic’ descriptions of work and workers. (shrink)

Schemes to replace traditional welfare programmes with a universal basic income (UBI) are sometimes presented as a way to reduce overall economic inequality. But because they lower the implicit marginal taxation rate of individuals entering the workforce, they have the effect of increasing economic inequality between those who opt out of the workforce and those who choose to participate. This article examines the effect that an increase in this income gap can be expected to have on the perceived adequacy of (...) the UBI payment level as an alternative to paid employment. The first question involves the extent to which individuals living on UBI payments will assess the adequacy of their condition by comparing themselves to those who are adjacent to them in the income distribution. If this looms large in their assessment, then the UBI, by increasing inequality within this segment of the income distribution, will tend to increase the perception of its own inadequacy. The second question involves the importance of the consumption of positional goods in determining the adequacy of the UBI. If these are significant then again this will increase the perception of inadequacy, because those in paid employment will enjoy a great deal more than those who opt out. (shrink)

Schemes to replace traditional welfare programmes with a universal basic income (UBI) are sometimes presented as a way to reduce overall economic inequality. But because they lower the implicit marginal taxation rate of individuals entering the workforce, they have the effect of increasing economic inequality between those who opt out of the workforce and those who choose to participate. This article examines the effect that an increase in this income gap can be expected to have on the perceived adequacy of (...) the UBI payment level as an alternative to paid employment. The first question involves the extent to which individuals living on UBI payments will assess the adequacy of their condition by comparing themselves to those who are adjacent to them in the income distribution. If this looms large in their assessment, then the UBI, by increasing inequality within this segment of the income distribution, will tend to increase the perception of its own inadequacy. The second question involves the importance of the consumption of positional goods in determining the adequacy of the UBI. If these are significant then again this will increase the perception of inadequacy, because those in paid employment will enjoy a great deal more than those who opt out. (shrink)

Schemes to replace traditional welfare programmes with a universal basic income (UBI) are sometimes presented as a way to reduce overall economic inequality. But because they lower the implicit marginal taxation rate of individuals entering the workforce, they have the effect of increasing economic inequality between those who opt out of the workforce and those who choose to participate. This article examines the effect that an increase in this income gap can be expected to have on the perceived adequacy of (...) the UBI payment level as an alternative to paid employment. The first question involves the extent to which individuals living on UBI payments will assess the adequacy of their condition by comparing themselves to those who are adjacent to them in the income distribution. If this looms large in their assessment, then the UBI, by increasing inequality within this segment of the income distribution, will tend to increase the perception of its own inadequacy. The second question involves the importance of the consumption of positional goods in determining the adequacy of the UBI. If these are significant then again this will increase the perception of inadequacy, because those in paid employment will enjoy a great deal more than those who opt out. (shrink)

Schemes to replace traditional welfare programmes with a universal basic income (UBI) are sometimes presented as a way to reduce overall economic inequality. But because they lower the implicit marginal taxation rate of individuals entering the workforce, they have the effect of increasing economic inequality between those who opt out of the workforce and those who choose to participate. This article examines the effect that an increase in this income gap can be expected to have on the perceived adequacy of (...) the UBI payment level as an alternative to paid employment. The first question involves the extent to which individuals living on UBI payments will assess the adequacy of their condition by comparing themselves to those who are adjacent to them in the income distribution. If this looms large in their assessment, then the UBI, by increasing inequality within this segment of the income distribution, will tend to increase the perception of its own inadequacy. The second question involves the importance of the consumption of positional goods in determining the adequacy of the UBI. If these are significant then again this will increase the perception of inadequacy, because those in paid employment will enjoy a great deal more than those who opt out. (shrink)

Schemes to replace traditional welfare programmes with a universal basic income (UBI) are sometimes presented as a way to reduce overall economic inequality. But because they lower the implicit marginal taxation rate of individuals entering the workforce, they have the effect of increasing economic inequality between those who opt out of the workforce and those who choose to participate. This article examines the effect that an increase in this income gap can be expected to have on the perceived adequacy of (...) the UBI payment level as an alternative to paid employment. The first question involves the extent to which individuals living on UBI payments will assess the adequacy of their condition by comparing themselves to those who are adjacent to them in the income distribution. If this looms large in their assessment, then the UBI, by increasing inequality within this segment of the income distribution, will tend to increase the perception of its own inadequacy. The second question involves the importance of the consumption of positional goods in determining the adequacy of the UBI. If these are significant then again this will increase the perception of inadequacy, because those in paid employment will enjoy a great deal more than those who opt out. (shrink)

The concept of meaningful work is used to evaluate the quality of work. Typical cases of meaningless work that have been used to clarify this concept are assembly line work, and work involving other types of mindless tasks, but also David Graeber's ‘bullshit jobs’. I argue that there are at least two fundamental reasons to care about meaningful work: reasons from the wellbeing of the worker and reasons pertaining to meaningfulness of the worker's life. I first argue that a concept (...) of meaningful work needs to reflect these two values, but that these two values may come apart. Because of this, accounts that provide a single answer to the question to what extent a particular work context is meaningful work for a particular worker are unable to reflect these two values. I then survey three promising accounts of meaningful work: perfectionism, which captures the self-interested aspect of meaningful work well but fails to capture the meaningfulness aspect appropriately; consequentialism, which captures the meaningfulness aspect well but fails to capture the self-interested aspect; and Wolf's Fitting Fulfilment View of meaningful projects, which can be read as addressing both concerns but leads to implausible judgments about meaningful work. I then argue that we should conceive of the concerns that fall under the notion of meaningful work as two separate concepts and values. The best work incorporates both these dimensions but falling short on either dimension is problematic for different reasons. (shrink)