Fairness In Practice

In this book, the author argues that to achieve a fair global economy, there must be compensation of people harmed by their exposure to the global economy, but also equal division of the "gains of trade" across societies.

In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility or public welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists.

This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.

This book examines scholarship, best practice methodologies, and examples of policy and practice from various professional fields in education and psychology to illuminate the elevated emphasis on test fairness in the 2014 Standards for Educational and Psychological Testing. Together, the chapters provide a survey of critical and current issues with a view to broadening and contextualizing the fairness guidelines for different types of tests, test takers, and testing contexts. Researchers and practitioners from school psychology, clinical/counseling psychology, industrial/organizational psychology, and education will find the content useful in thinking more acutely about fairness in testing in their work. The book also has chapters that address implications for policy makers, and, in some cases, the public. These discussions are offered as a starting point for future scholarship on the theoretical, empirical, and applied aspects of fairness in testing particularly given the ever-increasing importance of addressing equity in testing.

If the global economy seems unfair, how should we understand what a fair global economy would be? What ideas of fairness, if any, apply, and what significance do they have for policy and law?Working within the social contract tradition, this book argues that fairness is best seen as a kind of equity in practice. The global economy as we know it is organized by an international social practice in which countries mutually rely upon common markets. This practice generates shared responsibilities of "structural equity," independently of humanitarian, human rights, or other justice concerns, for how benefits and burdens are distributed across different societies and their social classes. Equity in the practice of trade requires not only compensation of people harmed by their exposure to global economic forces, but also equal division of the "gains of trade," across and within societies, unless still greater gains flow to developing countries. Fairness therefore calls for strong social insurance schemes, international capital controls, policy flexibility for developing countries, and more-all as the "fair price" of free trade.

This title was first published in 2000: A systematic analysis of the concept of fairness as a moral notion. The work critically examines and rejects several familiar accounts of fairness - fairness as equality of treatment, as not taking advantage of another, as adherence to rule, and as respect for others - the author proposes an alternative account of fairness as fidelity to social practice. Drawing on examples from a variety of social practices, ranging from the requirement to do one's fair share to the fairness of lotteries and bargaining, this book outlines a new moral theory of fairness and offers insight into the various roles fairness considerations play in our lives and their limitations. Reflecting on the place of fairness and fair mindedness in moral, social, and political thought, this book will be of interest to moral, social and political philosophers as well as those in related areas such as political science and sociology.