Normative Considerations Research Articles

All You Need Is Time? Discrepancies between the European Court of Human Rights Case Law and Liberal Normative Theory on Long-Term Migrants

This article, departing from Gila Stopler's ‘Rights in Immigration: The Veil as a Test Case’, published in theIsraeli Law Reviewin 2010, reviews how the time spent by a long-term migrant, irrespective of legal status, normatively figures in liberal theories of migration and in the case law of the European Court of Human Rights (ECtHR). The article detects that in contemporary liberal theories, assigning an independent normative value to time spent by the migrant in the receiving country is a key move in balancing the competing interests of migrants and of the migrant-receiving country, where the right of the country to regulate migration is taken as given: the longer a migrant is present in a country, the stronger her interests become in receiving citizenship status or treatment akin to citizens. The article then surveys the case law of the ECtHR relating to long-term migrants. It finds that time is often one of multiple normative considerations in the balancing exercise, in conjunction with whether a migrant has achieved social integration in the migrant-receiving country and whether the right of the receiving community to regulate migration for reasons of affording citizenship, national security or distributive justice is paramount. The article argues that the lack of an independent normative weight afforded to time in the case law of the ECtHR is not merely a tension between the translation of liberal normative theory to legal policy. It also shows a deeper tension in liberal theories of migration between national liberalism and cosmopolitan liberalism.

PHP326 - How Policy-Makers Should Understand Qualitative Evidence Regarding Public Opinion

I investigate the role of qualitative evidence of patient and public opinion in healthcare policy-making. When policy-makers seek input from patient representatives, Citizens Juries etc, on the traditional picture this is a quick or cheap alternative to quant: another way to understand public preferences and thus enhance democratic legitimacy. But this has various problems, eg the sample sizes don't justify any inferences regarding public opinion. A better account is inspired by observations of several real world cases in which qualitative evidence has influenced policy. In such cases, policy-makers end up sharing the opinions expressed by respondents. I argue that where qualitative research respondents find a certain consideration to be important, and policy-makers act on that finding, it's because they've seen the importance of that consideration for themselves; perhaps they see that a certain policy is morally obligatory, or a good idea. There is typically no need to generalise about what the public thinks. Thus I propose that the distinctive value of qualitative evidence is to provide direct insight into the substantive issues, eg to reveal reasons or normative considerations. In contrast, quantitative evidence will generally only reveal a factual claim about public opinion. Decision-makers then have to combine this factual claim with norms justified by other means before they can derive practical conclusions. Although the two kinds of research may address exactly the same policy question, they support completely different types of conclusion regarding that question. The new model explains why qual is useful despite lacking statistical significance; why deliberative forums are useful, despite being unrepresentative; and why even input from individual stakeholder representatives can be useful. I survey various implications for practice. For example, policy-makers using qual should not see themselves as neutral channels of public opinion; they should engage with the issues that respondents addressed.

Towards a Fair Distribution Mechanism for Asylum

It has been suggested that the distribution of refugees over host countries can be made more fair or efficient if policy makers take into account not only numbers of refugees to be distributed but also the goodness of the matches between refugees and their possible host countries. There are different ways to design distribution mechanisms that incorporate this practice, which opens up a space for normative considerations. In particular, if the mechanism takes countries’ or refugees’ preferences into account, there may be trade-offs between satisfying their preferences and the number of refugees distributed. This article argues that, in such cases, it is not a reasonable policy to satisfy preferences. Moreover, conditions are given which, if satisfied, prevent the trade-off from occurring. Finally, it is argued that countries should not express preferences over refugees, but rather that priorities for refugees should be imposed, and that fairness beats efficiency in the context of distributing asylum. The framework of matching theory is used to make the arguments precise, but the results are general and relevant for other distribution mechanisms such as the relocations currently in effect in the European Union.

Atonement’s Axiological Boundaries

According to the Felix Culpa Theodicy (FCT), worlds containing atonement and incarnation are of such great value that God is justified in actualizing such a world, despite all of the moral evil that has accompanied it. Focusing upon Alvin Plantinga’s articulation of this theodicy, I argue against FCT on the basis of normative ethical considerations. On the one hand, the deontic status of at least some actions depends upon the consequences of those actions. On the other hand, the existence of atonement depends upon the deontic status of at least one action. Under certain circumstances, this two-way dependence yields a contradiction if atonement has the kind of value conferred upon it by FCT. I conclude by discussing some implications for Molinism and evidential arguments from moral evil.

Not all markets are created equal: re-conceptualizing market elements in higher education

Increasing reliance on market mechanisms in higher education is analysed both as one of the approaches to steering as well as in relation to the consequences of markets for quality and accessibility of higher education. This article goes beyond the normative considerations of market elements as inherently good or bad and the economic theory-guided focus on freedoms of users and providers, by presenting an alternative conceptualization. The conceptualization adapted from studies of markets in other parts of the welfare state to the context of higher education is based on two dimensions: (1) who effectively controls production of certain goods and services and (2) how access to and funding of these goods and services are regulated. It focuses on interests of three main actors—the state, the users (students) and the providers (higher education institutions). This leads to six conceptually distinct markets, whose key characteristics are illustrated by examples from Denmark, England, India, Norway, Portugal and Serbia. The key message is that this alternative conceptualization allows identifying variance in marketization of higher education with regards to (1) which actors are empowered, (2) who are the likely winners and losers and (3) what might be the risks of introducing specific market elements in a higher education system. More generally, a more nuanced analysis relying on this conceptualization can potentially contribute to a deeper understanding of political and policy dynamics in higher education.

Including or Excluding Civil Society? The Role of the Mediation Mandate for South Sudan (2013–2015) and Zimbabwe (2008–2009)

ABSTRACTThis article examines the role of political mandates in including or excluding civil society in the negotiation processes mediated by the Intergovernmental Authority on Development in South Sudan and by the Southern African Development Community in Zimbabwe. It argues that the mandates determined the issue of inclusivity by synthesizing the mediating organizations’ normative considerations and practical requirements and by enabling the organizations’ narrative of the conflict to dominate the negotiations at the expense of other narratives. The article concludes that the mandate led to the inclusion of civil society in the Madagascar case and the exclusion of civil society in the Zimbabwe mediation.

CSR in the banking sector: A legitimacy approach to the shareholders’ and stakeholders’ debate

Globalization increased calls for corporations to use firms’ resources to alleviate a wide variety of social problems taking into consideration that existing governments are unable or unwilling to deal with such problems. In this context, corporate social responsibility (CSR) in the banking sector became a strategic tool of legitimacy in parallel to the recognition of stakeholders’ interests keeping the primacy of shareholders’ interests. This article studies CSR in the Lebanese banking sector through Suchman’s (1995) legitimacy approach to the shareholders’ and stakeholders’ debate. Using a qualitative approach, this paper discloses how the banking strategy in terms of CSR could respond to the process of legitimacy within the debate: “creating value for stakeholders creates value for shareholders”; and reveals how normative considerations are likely to modify substantially banks’ behavior and practices.

Bioethical Considerations of Advancing the Application of Marine Biotechnology and Aquaculture.

Normative ethical considerations of growth of the marine biotechnology and aquaculture disciplines in biopharming, food production, and marine products commercialization from a bioethical perspective have been limited. This paucity of information begs the question of what constitutes a bioethical approach (i.e., respect for individuals or autonomy; beneficence, nonmaleficence, and justice) to marine biotechnology and aquaculture, and whether it is one that is appropriate for consideration. Currently, thoughtful discussion on the bioethical implications of use, development, and commercialization of marine organisms or their products, as well as potential environmental effects, defaults to human biomedicine as a model. One must question the validity of using human bioethical principlism moral norms for appropriating a responsible marine biotechnology and aquaculture ethic. When considering potential impacts within these disciplines, deference must be given to differing value systems in order to find common ground to advance knowledge and avoid emotive impasses that can hinder the science and its application. The import of bioethical considerations when conducting research and/or production is discussed. This discussion is directed toward applying bioethical principles toward technology used for food, biomedical development (e.g., biopharming), or as model species for advancement of knowledge for human diseases.

Range-Dependent Utility

First, this paper introduces and axiomatizes range-dependent utility as a new conceptual framework for decision making under risk. It is a simple and well-defined generalization of expected utility theory in which utility depends on the range of lottery outcomes. Second, a special case of this framework is proposed for prediction. It is based on applying a single utility function (decision utility) to every normalized lottery range. The resultant decision utility model predicts well-known expected utility paradoxes without recourse to probability weighting. Necessary and sufficient conditions for the model to satisfy monotonicity with respect to first-order stochastic dominance are identified. The typical decision utility function, which is confirmed by both experimental data and normative considerations, is S shaped. This paper was accepted by Manel Baucells, decision analysis.

Retórica realista e decisão jurídica

O texto objetiva expor as bases de uma retórica realista, sob a perspectiva descritiva de como a decisão jurídica efetivamente ocorre, sem considerações normativas. O idealismo retórico de Aristóteles e seu prestígio posterior reduziram a retórica à arte da persuasão, eliminando elementos importantes da sofística, sobretudo no que concerne à decisão jurídica. Conclui-se com uma perspectiva retórica do ativismo judicial na sociedade complexa.

A Chemistry of Human Nature: Chemical Imagery in Hume’s Treatise

David Hume’s ‘science of man’ is frequently interpreted as an enterprise inspired in crucial respects by Newton’s Principia. However, a closer look at Hume’s central concepts and methodological commitment suggests that his Treatise of Human Nature is much more congruent with the research traditions that arose in the wake of Newton’s Opticks. In this paper I argue that the label Hume frequently attached to his project, ‘anatomy of the mind,’ is a metaphor that, considered in itself, seems to be expressing a commitment to the study of human nature in analogy with organic living nature. In this vein, Hume’s anatomy relies on conceptual and methodological resources derived from a chemical and physiological perspective on the natural cognitive and affective functioning of human beings. Since the idea of natural functioning provides various options for deriving normative considerations, Hume’s account can be seen as a middle-range theory that connects the discourses of organic nature and normative morality.

DOES A DISCOUNT RATE MEASURE THE COSTS OF CLIMATE CHANGE?

Abstract:I argue that the use of a social discount rate to assess the consequences of climate policy is unhelpful and misleading. I consider two lines of justification for discounting: (i) ethical arguments for a ‘pure rate of time preference’ and (ii) economic arguments that take time as a proxy for economic growth and the diminishing marginal utility of consumption. In both cases I conclude that, given the long time horizons, distinctive uncertainties, and particular costs and benefits at stake in the climate context, discount rates are at best a poor proxy for the normative considerations they are meant to represent.

Lost in Translation: Piloting a Novel Framework to Assess the Challenges in Translating Scientific Uncertainty From Empirical Findings to WHO Policy Statements.

Background: Calls for evidence-informed public health policy, with implicit promises of greater program effectiveness, have intensified recently. The methods to produce such policies are not self-evident, requiring a conciliation of values and norms between policy-makers and evidence producers. In particular, the translation of uncertainty from empirical research findings, particularly issues of statistical variability and generalizability, is a persistent challenge because of the incremental nature of research and the iterative cycle of advancing knowledge and implementation. This paper aims to assess how the concept of uncertainty is considered and acknowledged in World Health Organization (WHO) policy recommendations and guidelines. Methods: We selected four WHO policy statements published between 2008-2013 regarding maternal and child nutrient supplementation, infant feeding, heat action plans, and malaria control to represent topics with a spectrum of available evidence bases. Each of these four statements was analyzed using a novel framework to assess the treatment of statistical variability and generalizability. Results: WHO currently provides substantial guidance on addressing statistical variability through GRADE (Grading of Recommendations Assessment, Development, and Evaluation) ratings for precision and consistency in their guideline documents. Accordingly, our analysis showed that policy-informing questions were addressed by systematic reviews and representations of statistical variability (eg, with numeric confidence intervals). In contrast, the presentation of contextual or "background" evidence regarding etiology or disease burden showed little consideration for this variability. Moreover, generalizability or "indirectness" was uniformly neglected, with little explicit consideration of study settings or subgroups. Conclusion: In this paper, we found that non-uniform treatment of statistical variability and generalizability factors that may contribute to uncertainty regarding recommendations were neglected, including the state of evidence informing background questions (prevalence, mechanisms, or burden or distributions of health problems) and little assessment of generalizability, alternate interventions, and additional outcomes not captured by systematic review. These other factors often form a basis for providing policy recommendations, particularly in the absence of a strong evidence base for intervention effects. Consequently, they should also be subject to stringent and systematic evaluation criteria. We suggest that more effort is needed to systematically acknowledge (1) when evidence is missing, conflicting, or equivocal, (2) what normative considerations were also employed, and (3) how additional evidence may be accrued.

What is wrong with evidence based policy, and how can it be improved?

The present crisis of science’s governance, affecting science’s reproducibility, scientific peer review and science’s integrity, offers a chance to reconsider evidence based policy as it is being practiced at present.Current evidence based policy exercises entail forms of quantification – often in the form of risk analysis or cost benefit analyses – which aim to optimize one among a set of policy options corresponding to a generally single framing of the issue under consideration. More cogently the deepening of the analysis corresponding to a single view of what the problem is has the effect of distracting from what could be alternative readings. When using evidence based policy those alternative frames become a kind of ‘uncomfortable knowledge’ which is de facto removed from the policy discourse. All the more so when the analysis is supported by extensive mathematical modelling.Thus evidence based policy may result in a dramatic simplification of the available perceptions, in flawed policy prescriptions and in the neglect of other relevant world views of legitimate stakeholders. This use of scientific method ultimately generates – rather than resolving – controversies and erodes the institutional trust of the involved actors.We suggest an alternative approach – which we term quantitative story-telling – which encourages a major effort in the pre-analytic, pre-quantitative phase of the analysis as to map a socially robust universe of possible frames, which represent different lenses through which to perceive what the problem is. This is followed by an analysis where the emphasis in not on confirmatory checks or system optimization but – the opposite – on an attempt to refute the frames if these violate constraints of feasibility (compatibility with processes outside human control); viability (compatibility with processes under human control), and desirability (compatibility with a plurality of normative considerations relevant to the system’s actors).

VP95 The Monetary Value Of A Statistical Life Year: A Systematic Review

INTRODUCTION:Among economists, there is widespread agreement that the monetary valuation of health gains should reflect the preferences of those who will be affected by resource allocation decisions. In the context of Health Technology Assessments (HTAs), this view implies a need for reliable empirical estimates of the value of statistical life year (VSLY), which should provide a useful point of reference for cost benefit analyses.METHODS:We conducted a systematic review of the literature on the economic value of a statistical life (VSL). We searched in the EconBiz and EconLit databases for studies, which reported VSL estimates based on original research and were published between 1995 and 2015. We classified studies by methodology, that is, revealed preference (RP) or stated preference (SP; that is, CV, contingent valuation, or DCE (discrete choice experiment) approach, and by regional origin of data. We transformed VSL estimates into VSLY expressed in year 2014 Euros, using life expectancy tables for the populations studied, a real discount rate of 3 percent, national Consumer Price Indices for inflating, and purchasing power parities for currency conversion. In addition, we calculated ratios of VSLY to gross domestic product (GDP) per capita.RESULTS:Our search yielded 120 studies appropriate for inclusion. From these, we extracted a total of 132 VSL estimates (RP, n = 60; SP, n = 72). The median VSLY was 6.4 times GDP/capita. Transformed into Euro (2014), the median VSLY was EUR165,000 (mean, EUR217,000). We found significant differences by regional source of data (North American, median EUR272,000; European, EUR158,000) and by method (RP, EUR241,000; SP: CV, EUR117,000; DCE, EUR187,000). VSLY estimates were sensitive to discount rate.CONCLUSIONS:Our data indicate that VSLY estimates based on empirical data exceed benchmarks commonly used in the context of HTAs. However, inter-study variability, methodological limitations, and normative considerations, all suggest to exercise caution before translating this observation into actual policy.

The Importance of Peers for Compliance with Norms of Fair Sharing

A burgeoning literature in economics has started examining the role of social norms in explaining economic behavior. Surprisingly, the vast majority of this literature has studied social norms in asocial decision settings, where individuals are observed to act in isolation from each other. In this paper we use a large-scale dictator game experiment (N = 850) to show that the presence of in the decision setting faced by an individual can have a profound influence on the individual's perception of the decision situation and its underlying norms of sharing, as elicited in an incentive compatible way. However, we find limited evidence that this influence of peers in normative considerations translates into a corresponding effect in actual behavior. Partly, this is due to substantial heterogeneity in the extent to which dictators in our sample are willing to comply with norms of fair sharing.

Facts and Norms in Democratization

The literature on democratization uses measures of either ethnic fractionalization or polarization in empirical analyses on the causes of democratic regress; some authors have argued that either of the two complicates democratization. This article detects a conceptual puzzle in this use of the two concepts: when we shift the attention from fractionalization to polarization we are not simply moving along a continuum but rather making an epistemic leap from facts to normative problems. But to treat the relation between a descriptive account of a state of affairs and a normative status as a continuum is a fallacy that remains unaddressed in this literature. This article exposes the limits of analyses that remove normative considerations from the big picture of dynamics of democratization and that narrow their focus to case histories of democratic development. It pleas for a return to normative insight and interdisciplinary dialogue.

Digital privacy and virtues of multilateral digital constitutionalism—preliminary thoughts

The Snowden revelations of mass digital surveillance practices of the USA and its allies have shaken grounds on many fronts. One profound impact of the leaks is felt in the human rights spectrum, particularly concerning the right to digital privacy. Digital privacy has since gained a whole new salience in the international arena. The revelations have prompted legislators to propose and enact new legislation in several countries. Civil societies—that pioneer in championing rights in cyberspace—have also refreshed their efforts in the wake of the Snowden debacle. The disclosures have also engendered new efforts by the United Nations (UN) towards stronger privacy safeguards in the digital age. Recent digital constitutionalism efforts suffer from a number of drawbacks, however. The major challenge concerns the piecemeal and fragmented nature of these legislative efforts. Not only are these ‘Internet bill of rights’ initiatives taking foot only in a handful of countries, but also that they raise concern of feasibility. The normative strength and hence real impact of these bills of right which are only being envisioned in terms of ‘exhortations’ is also to be called into question. This article instead proposes the adoption of a UN Declaration of Internet Rights as a pragmatic approach for upholding digital privacy rights. It further details normative and institutional considerations that must inform the crafting of the proposed Declaration.

The political economy of governance in a ‘global value chain world’

ABSTRACTThe global political economy has come to be shaped by a historically novel form of industrial organisation, the global value chain (GVC). Yet, although there has been much attention both to GVCs and to global governance, there has been a great deal less that connects the two. This symposium aims to take a step towards redressing this situation in order to move towards a better understanding of the political economy of governance in a ‘GVC world’. This introductory essay outlines the aims of the Symposium as being (a) to advance a more encompassing vision of politics and agency in a GVC world, (b) to understand the implications of a GVC world for global economic governance and (c) to move beyond empirical description and conceptual characterisation of forms of governance towards more explicit normative considerations of their implications for more equitable and sustainable outcomes.

Special Considerations and Reporting among Crime Victims in Lagos: A Qualitative Study

It is commonly assumed that victims’ reporting decision making is contingent upon some special normative and contextual considerations. This study examines the effects of these special considerations on crime reporting practices among victims in Lagos, Nigeria, using the qualitative method. The findings indicate that some special considerations anchored on cultural indices of stigmatization, stereotypes, taboos, tenderness of age, and gender are critical to victims’ decision-making choices for reporting in the study area. Consequently, it is suggested that government should use public enlightenment to make rational than normative thoughts steer reporting among victims for public safety in Lagos, Nigeria.