Justice and Fairness: Globalization and Ethics PDF

Justice and Fairness by John Rawls  Rawls looks at justice. Kant’s ethics and Utilitarianism are about right and wrong actions. – For example: Is it ethical to lie on a job application to preserve legitimate privacy? Rawls’ theory is about distributive justice....

Justice and Fairness by John Rawls  Rawls looks at justice. Kant’s ethics and Utilitarianism are about right and wrong actions. – For example: Is it ethical to lie on a job application to preserve legitimate privacy? Rawls’ theory is about distributive justice. – What is the ethically correct way to distribute benefits and burdens in society?  JOHN RAWLS (1921-2002), Baltimore, Maryland, United States An American moral and political philosopher in the liberal tradition. Rawls received both the Schock Prize for Logic and Philosophy and the National Humanities Medal in 1999  Four classic theories of distributive justice. Egalitarian. – “To all the same.” Meritocratic (or, Capitalist). – “To each according to their merit.” Socialist. – “From each according to their ability, to each according to their need.” Libertarian. – “From each what they freely choose to contribute, to each what they have made or others have freely chosen to contribute.”  Justice at Clarkson Egalitarian Meritocratic Socialist Libertarian  Justice at Clarkson Egalitarian Meritocratic Socialist Libertarian Access to health center Right to file grievances Use of sports facilities Entrance to hockey games  Justice at Clarkson Egalitarian Meritocratic Socialist Libertarian Access to The grades you health center get Right to file Housing priority grievances PeopleSoft Use of sports enrollment facilities appointment Entrance to Quality of job at hockey games graduation  Justice at Clarkson Egalitarian Meritocratic Socialist Libertarian Access to The grades you Financial aid health center get “File” systems Right to file Housing priority Tutorial support grievances PeopleSoft Use of sports enrollment facilities appointment Entrance to Quality of job at hockey games graduation  Justice at Clarkson Egalitarian Meritocratic Socialist Libertarian Access to The grades you Financial aid What you get health center get “File” systems out of school Right to file Housing priority Tutorial support Long-term grievances PeopleSoft friendships Use of sports enrollment facilities appointment Entrance to Quality of job at hockey games graduation  Rawls’ theory is a version of social contract theory Hobbes, Locke, Rousseau. – State of nature, law of nature, creation of civil society to improve/secure quality of life. US society rests on such social contracts. – Declaration of Independence – “When in the Course of human events it becomes necessary for one people…to assume among the powers of the earth, the separate and equal station….” – Constitution – “We the people…do ordain and establish….”  Now, Rawls’ Theory of Justice as Fairness Rawls asks, “What principles of justice would people choose at the founding of society?” A hypothetical, not real, moment – but still a doable thought experiment. A moment when people know nothing about their future. – Class or social status. – Intelligence or other capabilities. – Social place in terms of gender, race, etc. – Wealth.  Rawls’ operational definition of “justice as fairness.” Think yourself back to the original position and put yourself behind the veil of ignorance. Ask yourself whether a proposed rule for distributing benefits and burdens is acceptable to you. If not, then it cannot be fair, and therefore it cannot be just – so, the rule must be rejected.  This operational procedure produces Rawls’ formal definition of “justice as fairness.” Justice = satisfying two general principles: – “First: each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others.” – “Second: social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone’s advantage and (b) attached to positions and offices open to all.”  Rawls’ first principle. The basic liberties for all citizens: – Political liberty (right to vote and be eligible for public office). – Freedom of speech and assembly. – Liberty of conscience and freedom of thought. – Freedom regarding your own person. – Right to hold personal property. – Freedom from arbitrary arrest and seizure as these are understood under the rule of law.  Rawls’ second principle. Holding positions of authority and offices of command open is clear enough. – For example, no hereditary positions. – No exclusions based on gender, race, etc. – No “tests” based on wealth or property. Arranging social and economic inequities so that everyone benefits is less clear. – However, Rawls provides the framework for thinking about this – original position and veil of ignorance.  A possible example. Proposed rule: “Women should always make less money than men.” – On average women make ~75% of what men make, and this has not changed over the past 30 years. – Men make more than women in the same job. So, here is an unequal distribution. – Does it benefit everyone? – Would you accept this rule – if you were behind the veil of ignorance?  Priorities among Rawls’ principles. The basic rights and liberties for all principle has first priority and takes precedence. This means, among other things, that you cannot justify a decrease in liberty on the basis of increased social or economic benefit.  PLURALISM MORAL PLURALISM- is the idea that there can be conflicting moral views that are each worthy of respect Moral pluralists : 1. tend to be open-minded when faced with competing viewpoints. They analyze issues from several moral points of view before deciding and taking action. 2. believe that many moral issues are extremely complicated. Thus, no single philosophical approach will always provide all the answers. EXAMPLE: Assume a building is on fire. A woman has the opportunity to rush inside and save the children trapped in the burning building. But in doing this she may die, and leave her own child an orphan. A moral pluralist would conclude that there is no definitive way to decide which is the better course of moral action. Indeed, moral pluralism declares that it is sometimes difficult to choose between competing values. So, moral pluralism occupies a sensible middle ground between “there is only one right answer” as moral absolutism says, and “there is no wrong answer” as moral relativism claims. ETHICAL PLURALISM - is the idea that there are many theories about what is “right” and “wrong” (moral norms) which may be incompatible and/or incommensurable with your own personal moral norms. International engagement involves working within other societies where you are likely to be faced with different norms. Deciding when it is appropriate to act under one norm or another requires careful consideration. An example of a moral norm may be: “it is wrong to physically harm a child, and those who do so should be punished.” An ethical dilemma in your international engagement may arise when your moral norms differ from those of a society regarding: Treatment of/value in women and other gender/sex issues Treatment of/value in children and the elderly The environment, waste, and consumption Business practices, loyalty, contractual agreements, and work ethic Treatment of/value in animals Privacy and community Religion, religious dogma and tradition Ethical pluralism is also known as “value” or “moral” pluralism. It is related but not identical to 2 concepts of : 1. moral relativism - there exist many moral theories and there is no objective standard by which they may be judged, and 2. cultural relativism - that norms, values, and practices may be understood as sensible within their respective cultural contexts. RELEVANCE OF ETHICAL PLURALISM 1. Sustainability- Ethical pluralism suggests your actions may be in opposition to local norms, or you might be expected to act in opposition to your own norms. Either one of these conflicts may make your work unsustainable. Example: You may be working on a project involving sexual education for youth. This may be unacceptable to some locals and thus long-term community investment is threatened. 2. Cultural Competence- Understanding your own cultural and ethical norms in addition to those of others is essential to cultural competence. Those engaged in international engagement should be aware of similarities, disparities, and how to reconcile differences (Neutrality vs tolerance) 3. Balance and Reciprocity- Those involved in international work must understand and respect other ethical norms. This respect is necessary in any balanced partnership. 4. Motivations- It is important to consider your own vantage, preconceived notions, and the norms your ‘import’ to another society. It is also important to consider which moral norms are motivating you to go, and how those might be challenged by others with differing norms. 5. Training and Education- There may be multiple ideas of what is “right” and “wrong” about your international engagement. e.g. You might believe it is “wrong” for young, relatively uneducated students to work overseas; another might believe it is “right” for students to gain international experience. GLOBALISATION AND ETHICS  Advances in communication, technology, and transportation have further minimized the world’s borders, creating an ever more interconnected global economy. Transactions across international boundaries define global business, and how the variety of cultures and expectations around the globe complicates the topic of ethics. Internationally people must understand the values, cultures, and ethical standards of his or her home country, as well as every country in which his or her firm conducts business. Formal codes of conduct are less common internationally, and the topics of principle concern shift between countries and across time. Major concerns today involve global risks, legal approaches to business ethics, and compliance  GLOBALIZATION AND ETHICS Globalization - is a process that brings together people from countries that have different cultures, values, laws, and ethical standards internationally in 3 classifications: political, social and economical. It is a worldwide movement toward economic, financial, trade and communication integration Country cultural values - are specific to groups, sects, regions, or countries that express actions, GLOBAL CULTURE, VALUES, AND PRACTICES National culture - consists of everything in our surroundings that is made by people—both tangible items and intangible things such as concepts and values. Each nation has a distinctive culture and distinctive beliefs about what business activities are acceptable or unethical. Many nations also GLOBAL CULTURE, VALUES, AND PRACTICES Geert Hofstede identified 4 cultural dimensions that can have a profound impact on the globalized environment: 1. Individualism/collectivism-refers to how self- oriented cultural members are in their behavior 2. Power distance - refers to the “power inequality” between superiors and subordinates 3. Uncertainty avoidance - refers to how members of a society respond to uncertainty or ambiguity. EX. Masculinity/femininity, Cultural Dimensions, etc. GLOBAL CULTURE, VALUES, AND PRACTICES 4. Businesspeople tend to fall into the thinking of cultural relativism - the concept that morality varies from one culture to another and that “right” and “wrong” are defined differently. In other words: “When in Rome, do what the Romans do.” GLOBAL CULTURE, VALUES, AND PRACTICES Global Values - Global common values are shared across most cultures. Although divergent religious values and other aspects of culture can create ethical issues in international environment, many cultures share desirable and undesirable common values such as: a. Desirable common values: Integrity, family and community unity, equality, honesty, fidelity, sharing and unselfishness b. Undesirable common values: Ignorance, pride, egoism, selfish desires, lust, greed, adultery, theft, deceit, lying, murder, hypocrisy, slander and addiction  GLOBAL ETHICS ISSUES Important issues in global ethics are: 1. Global Risks 2. Bribery 3. Antitrust Activity 4. Internet Security and Privacy 5. Human Right 6. Health Care 7. Labor and Right to Work 8. Compensation 9. Consumerism  GLOBAL ETHICS ISSUES 1. Global risks are becoming an increasingly important ethics issue. Major risks include Emerging markets pose significant investor risk, such as political instability, imbalances in power, social discontent, and faltering economies EX. Saudi Arabia leadership is promoting nationalism e.g. Saudization, which could threaten relationships with other countries, including the Philippines. The economic outlook for asia pacific countries remain weak.  GLOBAL ETHICS ISSUES 2. Bribery - The U.S. Foreign Corrupt Practices Act prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business. The U.K. Bribery Act goes further by holding businesspeople more accountable for bribery. Republic Act No. 3019 (The Anti-Graft and Corrupt Practices Act) is the main anti-corruption law.... Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules, or an offense in connection with official duties.  GLOBAL ETHICS ISSUES 3. Antitrust Activity - In 1890, the United States passed the Sherman Antitrust Act to prohibit antitrust activities. The European Union has more stringent antitrust laws than many other countries. -These pertain to schemes undertaken by competing entities in order to keep a geographical area, market share, sales or other market factors within their control. An example of this would be when Entity A operates in Luzon while Company B agrees to solely cater to the market in the Visayas region. (The Philippine Competition Act (Republic Act No. 10667) was signed into law by President Benigno S. Aquino III on July 21, 2015 and established the quasi-judicial Philippine Competition Commission to enforce the act.  GLOBAL ETHICS ISSUES 4. Internet Security and Privacy - Today’s computer hackers can use tools like the Internet and computer viruses to commit corporate espionage, launch cyber terrorism attacks against government infrastructures, steal confidential information, and more. Many companies use questionable Internet practices such as cookies, which may not be illegal but could be construed as unethical. Another ethical issue is the personal information collected by companies such as Facebook. Some countries are debating legislation to limit the amount of information companies can collect or track.  GLOBAL ETHICS ISSUES 5. Human Rights - codified in the United Nations Human Rights Declaration as an inherent dignity that should be afforded to all people with equal and inalienable rights as the foundation of freedom, justice, and peace in the world. Health care is a major global human rights issue, with millions of people dying of preventable diseases each year. Particularly with multinational corporations, the issue of health care availability and affordability for workers in all nations is becoming a major source of concern. Many businesses have run into ethical trouble over the question of whether access to healthcare is a right or a privilege.  GLOBAL ETHICS ISSUES 6. Labor and Right to Work - More people than ever work in nations other than their homeland, and multinationals are larger than ever. One example of a global labor issue involves gender pay inequality. Women worldwide tend to be paid less than their male counterparts are. Many countries outlaw or limit workers’ rights to join trade unions. Rights for pregnant workers vary from country to country.  GLOBAL ETHICS ISSUES 7. Compensation - A living wage refers to the minimum wages that workers require to meet basic needs. Many countries have passed minimum wage laws to try to provide employees with a living wage. While many multinationals choose to do business in other countries because of the low cost labor, this becomes an ethical issue when workers do not make enough to support themselves or their families. Recently, many executives of bailed-out financial firms found themselves facing criticism over their high compensation, which many stakeholders felt was tantamount to rewarding failure.  GLOBAL ETHICS ISSUES 8. Consumerism - is the belief that consumers, not the interests of corporations, should dictate the economic structure of society. Part of this theory is that the consumption of goods relates to increased well-being. However, strains on resources around the world have caused many to begin to question the idea that greater consumption is always better. Made-to-break or planned obsolescence is part of the consumerist mindset that many people are finding increasingly difficult to accept. Made-to- break items encourage consumers to return regularly to buy more items. THE IMPORTANCE OF ETHICAL DECISION MAKING IN GLOBAL WORLD Ethical decision-making is essential to operate successfully within a global world. Without a clear comprehension of global ethics issues, peoples working globally or workers will face a variety of legal and political snares that could result in disaster. Many companies and business choose to adopt global business codes of ethics to provide guidelines for its international operations. Universal principles of ethics was also created to protect people specially their human rights.  Religion and Human Rights Religion is a collection of cultural systems, belief systems, and world views that establishes symbols that relate humanity to spirituality and to moral values Declarations of rights in both the United States and France, which are bases of modern political thought, begin with a reference to God as the source of rights.  Universal Declaration of Human Rights “We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” (DECLARATION OF INDEPENDENCE - July 4, 1776) “… the National Assembly recognizes and declares, in the presence and under the auspices of the Supreme Being, the following rights of man and of the citizen” recognizing them as “natural, inalienable and sacred.” (Declaration of the Rights of Man and the Citizen, Paris, August 26, 1789) ……."those who believe that God is the origin of justice, beauty and goodness [the bases of human rights] and many other values, and those who may not believe in God but still appreciate these values.“ (Preamble to the Constitution of Poland after 60 years) HUMAN RIGHTS - Granted by Law and Endowed by Nature Human Rights- Adherents of natural law hold that human rights do not reside in legal documents but are inherent in our very nature as human beings, a nature that is superior to and precedes all legal decrees. Religious traditions hold that such natural rights are God-given characteristics. HUMAN RIGHTS - Granted by Law and Endowed by Nature Human Rights - Adherents of positivism hold that the only rights are those accorded by legal documents. “Rights are not something pre- existing by nature which we may discovered, such as chromosomes or continents. Rights are something that we create through our conventions. Thus, the question is not what rights do creatures have but rather what rights do we want to have?” - Jesús Mosterín. “Creating Rights.” El País, August 29, 1999 HUMAN RIGHTS - Granted by Law and Endowed by Nature "Only if they are grounded in the objective requirements of the nature bestowed on man by the Creator, can the rights attributed to him be affirmed without fear of contradiction.... Consequently it is important for international agencies not to lose sight of the natural foundation of human rights. This would enable them to avoid the risk, unfortunately ever present, of sliding towards a merely positivistic interpretation of those rights.” Benedict XVI. Message on the World Day of Peace, January 1, 2007  HUMAN RIGHTS - Granted by Law and Endowed by Nature Love, life, freedom of conscience, and responsibility as well as property gave people the need to make laws for their protection. The existence of a written constitution which expresses the sovereign will of the people and their families in terms of principles of justice and natural law is the most effective protection against the abuse of power, destruction of liberty, and human weaknesses of those who govern us. Human Rights Are Conferred by God. Each and every human being, without distinction of gender, race, ethnicity, class or social condition possesses the same special dignity, by nature or because it was conferred by God, which distinguishes them from the rest of the creatures, and they bear the same sacred, cosmic, unique, and eternal value which is innate and intrinsic to their human condition, and therefore they all merit the same exquisite consideration and greatest respect. (Dr. Miguel Angel Cano – Ethics and Peace) Transcendent Value Endowed by God Each person has sacred, cosmic, and unique value and is endowed with irrevocable dignity; therefore, people are not means but ends in themselves. The fact that each person has these transcendent values is the basis of universal human rights and an ethical society. Religion Gives Both Vertical and Horizontal Orientation on existence of God Spiritual and religions traditions have a vertical role, which calls us to a relationship with the Creator, and a horizontal dimension, which calls us to accept, respect, and love others. Judaism: “You shall love the Lord your God will all your heart, and with all your soul, and with all your might.” Deuteronomy 6:5 Christianity: “Our Father, who art in heaven.” Matthew 6:9 Islam: “In the name of God, the Beneficent, the Merciful.” Qur’an 1:1 Confucianism: “The superior man, taking his stance as righteousness requires, adheres firmly to Heaven’s decrees.” I Ching 50: Sacrificial vessel Hinduism: “From the unreal lead me to the Real! From darkness lead me to the light!” Brihaaranyaka Upanishad 1.3.28  Moral Law Expressed in Religious Codes Basic prohibitions: These prevent bad interactions: Don’t rob. Don’t lie. Don’t kill. Don’t have illicit sexual relations. Judaism and Christianity: 10 Commandments (Exodus 20:1-17) Islam: Sacred duties (Qur’an 6:151-53) Hinduism: Universally applicable dharma (Laws of Manu) Buddhism: Five Precepts (Nagarjuna, Precious Garland 809)  Golden Rule: Treat Others as You Wish Them to Treat You. Christianity: “Do unto others as you would have them do unto you." (Matthew 7:12) Islam: “No one is a believer until he desires for his brother that which he desires for himself.” (Sunnah) African Traditional Religions: “What you give - or do - to others, they will give - or do - to you." (Rwandan proverb)  Silver Rule: Don’t do to others what you don’t want them to do to you. Hinduism: “This is the sum of duty: Do naught unto others which would cause you pain if done to you." (Mahabharata 5:15, 17). Buddhism: “Hurt not others in ways that you yourself would find hurtful." (Udana-varga 5:18) Confucianism: “Surely it is the maxim of loving kindness: Do not unto others what you would not have them do to you." (Analects 15:23) Judaism: ”What is hateful to you, do not do to your fellow man. That is the entire Law; all the rest is commentary." (Talmud, Shabbat 31a)  God as the Source of Love, Life and Peace God is the source of love, life and peace… Those who promote conflict, hatred, violence and terrorism have to be informed that to the extent to which they do that, to that extent they are not good members of any religion. (Cardinal Francis Arinze - Assisi, January 24, 2002)  The Family as the School of Love and Seedbed of Peace Basic Ethical Imperatives: These promote good interactions filial piety fidelity in marriage fraternity loyalty “The family is the natural and fundamental group unit of society and is entitled to protection by society and the state.” Paragraph 3, Article 16 - Universal Declaration of Human Rights - 1948 As the school of love and seedbed of peace, the family is indispensable to the functioning of any society. Religious teachings encourage love in our homes, which is the basis for peaceful and thriving societies, nations, and the world.  Filial Piety - respect for Parents Judaism & Christianity: “Honor your father and your mother.” Exodus 20.12 Islam: “The Lord has decreed … that you be kind to your parents.” Qur’an 17.23 Hinduism: “Let your mother be to you like unto a god! Let your father be to you like unto a god!” Taittiriyaka Upanishad 1:11.2 Buddhism: “Those who wish to be born in [the Pure Land] of Buddha … should act filially towards their parents and support them.” Meditation on Buddha Amitayus 27 Confucianism: “Surely proper behavior towards parents and elder brothers is the trunk of Goodness.” Analects 1.2 African Traditional Religions: “If your parents take care of you up to the time you cut your teeth, you take care of them when they lose theirs.” Akan Proverb (Ghana)  Fidelity in marriage - duty to wife/family Judaism: “A man shall leave his father and mother and be joined to his wife, and the two shall become one flesh.” Genesis 2:24 Christianity: “What God has joined together, let not man put asunder.” Mark 10:9 Islam: “He has planted affection and mercy between you.” Qur’an 30.21 Hinduism: “Enshrine me in your heart and let one spirit dwell within us.” Atharva Veda 7:36 Confucianism: “I will love you, and will never be weary of you.” Book of Songs, Ode 218  Fraternity- good interpersonal relationship Judaism: “Behold, how good and pleasant it is when brothers dwell in unity.” Psalm 133:1 Christianity: “Every one who is angry with his brother shall be liable to judgment.” Matthew 5:22 Islam: “Set things right between your two brothers, and fear God; haply so you will find mercy.” Qur’an 49:10 Confucianism: “When brothers live in concord and at peace, the strain of harmony shall never cease.” Doctrine of the Mean 15.3 Hinduism: “One is my brother and the other is not – is the thinking of a small men or a narrowminded person. For those who are broad-minded or wise people the entire world is a one big family.” Maha Upanishad 6:72  Loyalty - honesty Hinduism: “Sit in the assembly of the honest; join with those that are good and virtuous; nay, seek out a noble enemy where enmity cannot be helped and have nothing to do with the wicked and the unrighteous. Even in bondage you should live with the virtuous, the erudite, and the truthful, but not for a kingdom should you stay with the wicked and the malicious.” (Garuda Purana 112) Islam: And the believers, men and women, are protecting friends one of another; they enjoin the right and forbid the wrong, and they establish worship and pay the poor-due, and they obey God and His messenger.” (Qur’an 9.71) Buddhism: “As the man one makes his friend, as the one he follows, such does he himself become.” (Itivuttaka 68) Confucianism: “When two people are at one in their inmost hearts, they shatter even the strength of iron or of bronze. When two people understand each other in their inmost hearts, their words are sweet and strong, like the fragrance of orchids.” (I Ching, Great Commentary 1.8.6) Christianity: “Greater love has no man than this, that a man lay down his life for his friends.” John 15:13 Native American Religions: “When you were born, you cried and the world rejoiced. Live your life so that when you die, the world cries and you rejoice.” (Cherokee)  Principles for Securing Peace and Human Rights Promote the common good by living for the sake of others. Promote spiritual, moral, and unifying leadership based on universal values. Promote understanding, respect, and cooperation among people of different religions, cultures, and nations. Uphold the family as the school of love and peace, protecting family values. THANK YOU