Subsidiary Principle Research Articles

An Equality of Security

In the “Principles of the Civil Code,” Jeremy Bentham identifies four “principles subsidiary to utility”: subsistence, abundance, equality, and security. Whereas these subsidiary principles form part of the bedrock of classical liberalism, in this essay I show that in the hands of his friend and disciple William Thompson, they are transformed into the foundations for socialism. Where Bentham prioritizes security over equality, and security of property takes a preeminent role, Thompson shows that the system of individual competition and private property—his way of describing capitalism—is best characterized by the “inequality of security.” Based on the labor theory of property, Thompson argues that the system that assigns ownership to the providers of capital violates the workers’ security—the right to have the full produce of their labor secured to them. Thompson then reconciles security and equality, understanding them as mutually constitutive instead of in conflict. From his work I identify a modified set of subsidiary principles that place security and equality at the same level, and then adds additional subsidiary principles as necessary conditions to enable full equality of security: voluntarism, democracy, and united effort/common property. With this as his basis, Thompson offers the outlines for important elements of socialist theory, including the theory of surplus value; a call for the abolition of private property; and full equal social, civil, and legal rights for women, establishing a firm grounding for socialism in utilitarian philosophy. Because Thompson also was a major influence on the early cooperative movement, which also adopted these principles, this has significant implications for how we view the cooperative movement, which today may justifiably claim to be the world’s largest democratic social movement.

Les Défis du Lien Entre Humanitaire et Développement le Cas du “Linking Relief, Rehabilitation and Development”

The article explores the links between humanitarian action and aid to development, focusing more specifically on the model Linking Relief, Rehabilitation and Development. Taking this model as an example, the theoretical and practical challenges of this relationship are explored, including the foundational principles of both humanitarian action and aid to development. In this respect, the contradictions between the key rules of both perspectives are underlined, especially when it comes to the influence of governments on agendas, strategies, and operational options. Yet, the practice seems to show new possibilities of articulation, if not of junction, between humanitarian action and aid to development. In the light of recent experiences, including the World Humanitarian Summit, both strategies may mutually combine, in order to benefit local populations. The principle of humanitarian subsidiary is suggested as one of the potential element in this equation.

Giants on Clay Feet-COVID-19, infection control and public health laboratory networks in England, the USA and (West-)Germany (1945-2020).

SummaryIn early 2020, COVID-19 exposed differences in public health laboratory systems’ testing abilities. Focusing on Germany, the USA and the UK between 1900 and 2020, this article argues that studying the distinct evolution of laboratory infrastructures is critical to understanding the history of infection control and the limits of template-based reforms in global health. While each analysed laboratory infrastructure was shaped by a unique national context, neoliberal visions of lean public services and declining resources led to significant reform pressure from the 1970s. The US Center of Disease Control’s model of epidemic intelligence provided an attractive template to integrate resources and focus planning on preparedness scenarios. It also helped justify cuts to local laboratory infrastructures. Effects were uneven: in the USA and the UK, improved integration failed to compensate for local laboratory cuts and loss of autonomy. By contrast, Germany’s subsidiary principle allowed for limited federal integration while leaving local services mostly intact.

Contesting the ‘Responsibility to Protect’ in Southeast Asia: Rejection or Normative Resistance?

Abstract This article explores the engagement of Southeast Asian states with the Responsibility to Protect principle (R2P) in relation to the Rohingya in Myanmar and the ‘war on drugs’ in the Philippines. It finds a form of contestation based upon subsidiary principles and local interests in which states have offered normative resistance to international scrutiny in order to justify their limited response to the atrocities. Elite stakeholders have emphasised that asean already has principles and frameworks to address abuses – which reflect the historical experience, social context, and political culture of the region – in order to support their resistance to R2P. While existing debates about the R2P principle in Southeast Asia tend to be oriented around the opposing poles of incremental adaptation and adoption versus outright rejection, our conclusion is distinct: R2P is consciously contested in Southeast Asia on normative grounds which must be understood in the context of the region.

A Code of Digital Ethics: laying the foundation for digital ethics in a science and technology company

The rapid and dynamic nature of digital transformation challenges companies that wish to develop and deploy novel digital technologies. Like other actors faced with this transformation, companies need to find robust ways to ethically guide their innovations and business decisions. Digital ethics has recently featured in a plethora of both practical corporate guidelines and compilations of high-level principles, but there remains a gap concerning the development of sound ethical guidance in specific business contexts. As a multinational science and technology company faced with a broad range of digital ventures and associated ethical challenges, Merck KGaA has laid the foundations for bridging this gap by developing a Code of Digital Ethics (CoDE) tailored for this context. Following a comprehensive analysis of existing digital ethics guidelines, we used a reconstructive social research approach to identify 20 relevant principles and derive a code designed as a multi-purpose tool. Versatility was prioritised by defining non-prescriptive guidelines that are open to different perspectives and thus well-suited for operationalisation for varied business purposes. We also chose a clear nested structure that highlights the relationships between five core and fifteen subsidiary principles as well as the different levels of reference—data and algorithmic systems—to which they apply. The CoDE will serve Merck KGaA and its new Digital Ethics Advisory Panel to guide ethical reflection, evaluation and decision-making across the full spectrum of digital developments encountered and undertaken by the company whilst also offering an opportunity to increase transparency for external partners, and thus trust.

An Architectural Framework for Healthcare Dashboards Design.

In today's competitive environment, one of the new tools in the field of information technology is business or organizational dashboards that are a backup in the process of strategic management of organizations. The purpose of the current research is to provide a framework to design the healthcare dashboard through technical architecture with fulfilling the decision-makers' requirements. In this study, a common qualitative research method, metasynthesis, is applied, including a seven-step set of research questions, conducting systematic literature search and selection of suitable papers, data extraction, analysis and findings of the qualitative composition, quality control, and presentation of findings. During this process, 102 articles were found by saturation of information resources and then 12 articles were selected for extracting data using acceptance and rejection criteria. A critical evaluation method was used to evaluate the quality of selected articles. After investigating the selected articles and scoring them, in terms of quality, one article was very good, 10 articles were good, and one article was moderate. Then, with regard to the principles and guidelines of technical architecture, the required information was extracted from the selected articles and was analyzed with the method of open, axial, and selective coding. Following the steps of metasynthesis methods, the principles extracted with major and minor titles principles and guidelines in the form of multilayered system architecture including presentation layer, application layer, data layer, and technical infrastructure layer were classified. In the obtained framework, 15 indicators as the main principles and 66 subcriteria as the subsidiary principles for the design and technical architecture of enterprise dashboards were identified.

Assessment of the current situation of lake siltation and swamping in the Jiuzhaigou World Natural Heritage Site after the earthquake

地震及其伴生地貌过程破坏山体植被和土壤，产生的松散物源进入湖泊可能会带来泥沙淤积与沼泽化的风险.为探明九寨沟8.8大地震后湖泊淤积与沼泽化现状，以及松散物源的影响，本研究选取九寨沟景区内4个淤积与沼泽化程度不同的湖泊，进行了实地勘查，采用植被指标为主、促淤效应为辅的沼泽化综合评价方法进行现状评价；同时，结合无人机获取的湖泊周边环境和受灾程度信息，探讨了地震后伴生地貌过程及产物对九寨沟湖泊淤积与沼泽化的影响.结果表明：（1）四个湖泊的沼泽化发展模式均是由岸边向湖心推进.（2）各湖淤积与沼泽化程度空间分布特征存在差异，按发展程度从高到低依次表现为：五花海沼泽化程度最高，西北侧处于沼泽化后期（沼泽化指标值为[3，4]）；镜海次之，局部处于沼泽化盛期（沼泽化指标值为[1.5，3]）；犀牛海再次，仅出入水口处于沼泽化前期（沼泽化指标值为[1.5，2.5]）；箭竹海最低，整体处于沼泽化前期（沼泽化指标值为[0，1.5]）.（3）松散物源输入造成湖岸淤积程度增加、促进水生植被扩张，是造成九寨沟湖泊淤积和沼泽化发展的重要原因.管理者需重点关注小微湖泊、出入水口、受灾点的沼泽化发展情况.;The earthquake and its associated geomorphic processes destroy mountain vegetation and soil. The loose material may bring the risk of siltation and swamping after entering the lake. To investigate the current situation of lake siltation and swamping in Jiuzhaigou after the earthquake as well as the impact of the loose materials, this study selected four lakes in Jiuzhaigou scenic area with different siltation and swamping and then conducted the field surveys. The comprehensive evaluation method of swamping was adopted to evaluate the current situation utilizing vegetation indicators as the main principle and siltation promotion effect as the subsidiary principle. Meanwhile, the unmanned aerial vehicle was used to acquire the information of the surrounding environment as well as the damage degree of the lake and the impact of loose material from seismic damage on the siltation and swamping of Jiuzhaigou lakes were further discussed. The results show that:(1) The swamping development model of the four lakes all evolved from the shore to the center of the lake. (2) The spatial distribution characteristics of siltation and swamping degree of various lakes are different, and the degree of development from high to low is shown as follows:Lake Colorful has the highest swamping degree with the northwest side being in the late stage of swamping (index value[3, 4]). Lake Mirror ranks the second with part of it having a high level of swamping (index value[1.5, 3]). The next is Lake Rhino with only the inlet and outlet of the lake being in the early stage of swamping (index value[1.5, 2.5]). Last is the Lake Arrow Bamboo with an overall swamping degree being in the early stage (index value[0, 1.5]). (3) The large amount of loose material caused by seismic damage increases the siltation of the lakeshore and promotes the expansion of aquatic vegetation, which is the main reason for the development of siltation and swamping of Jiuzhaigou lakes. Managers in charge should focus on the development of swamping on small lakes, inlets, outlets, and disaster-stricken spots.

Coordinating large distributed relational process structures

Representing a business process as a collaboration of interacting processes has become feasible with the emergence of data-centric business process management paradigms. Usually, these interacting processes have relations and, thereby, form a complex relational process structure. The interactions of processes within this relational process structure need to be coordinated to arrive at a meaningful overall business goal. However, relational process structures may become arbitrarily large. With the use of cloud technology, they may additionally be distributed over multiple nodes, allowing for scalability. Coordination processes have been proposed to coordinate relational process structures, where processes may have one-to-many and many-to-many relations at run-time. This paper shows how multiple coordination processes can be used in a decentralized fashion to more efficiently coordinate large, distributed process structures. The main challenge of using multiple coordination processes is to effectively realize the coordination responsibility of each coordination process. Key components of the solution are the subsidiary principle and the hierarchy of the relational process structure. Finally, an implementation of the coordination process concept based on microservices was developed, which allows for fast and concurrent enactment of multiple, decentralized coordination processes in large, distributed process structures.

An ethical intuitionist account of transparency of algorithms and its gradations

To make evaluations about the morally relevant impacts of algorithms, transparency is needed. This paper lays out discussion of algorithms and transparency in an explicitly moral analysis with a special focus on the domain of justice and security. The paper provides an account of the moral import of transparency, defined itself as an instrumental value denoting a state of affairs conducive to acquisition of knowledge about some X. A normative account of transparency is outlined relying on an intuitionist framework rooted in the works of Ross and Robert Audi. It will be argued that transparency can be derived as a subsidiary (prima facie) principle from other duties including beneficence and justice and that it is groundable in the value of knowledge. Building on this foundation, the paper examines transparency and duty conflict with a special focus on algorithms in justice and security, recognising that complete transparency can be impossible where duties conflict. It is argued that as a subsidiary (prima facie) principle, transparency is overridable but ineradicable, which is to say that sufficiently justifiable reasons for secrecy or opacity can licence limiting transparency, that is, there may be occasion where full transparency is not our final duty.

War crimes allegations and the UK: towards a fairer investigative process

AbstractWar crimes allegations have dogged the UK military for decades. Yet there is no settled process to deal with them. Different legal responses deployed have all suffered from complaints of unfairness. This paper proposes foundations for a more satisfactory approach based on an existing three-part consensus. First, that norms governing individual and systemic conduct in military conflict are relatively undisputed; secondly, that the state has a non-negotiable investigatory duty should a suspected breach occur; and thirdly, that any investigation should take into account the context within which it is conducted. The paper then advances three propositions: (1) first order principles of practicability, expertise, and investigator independence should provide the non-negotiable foundations of any response; (2) second order or subsidiary principles including promptness, adequacy, reasonable transparency, and respect for basic standards of natural justice should apply when practicable; and (3) a standing institution designed to comply with the first and second order principles would provide a fairer process for all participants (accused, victim and the wider national and international communities) whilst also fulfilling coherence and legal certainty requirements. The paper concludes that current structures cannot fulfil these demands and it explores the basis for a better alternative.

Workshop: Everything you always wanted to know about EU health policy but were afraid to ask

Abstract Objective The EU is often criticized for being ‘market-driven’ and practicing a form of ‘cold integration’. Any attempt, however, to strengthen solidarity and social integration in the EU is met by stakeholders in the member states with reservation and often outright refusal, arguing that health systems are national competence subject to the subsidiary principle. This conundrum of asking for more but allowing for less has blocked a scientifically informed public debate about the EU and health policy. The overall objective of this workshop is to discuss how health research can contribute to resolve this conundrum making the EU more conducive to the needs of health systems, public health (PH) and Health in All Policies (HiAP). To this end we will review the following 4 specific topics What are is EU-health policy and what other policies are affecting health and health systems?What tells us the projected Brexit-impact on the UK health system and PH about the value of EU health policy?Are EU-trade policies shaping healthier commercial determinants of health?What is the added value of cross-border care at and beyond border regions? This workshop is based on the update of the seminal volume “Everything you always wanted to know about European Union health policies but were afraid to ask” (2019, 2nd edition). Key note Scott Greer: In health and health systems the European Union is ubiquitous. Health systems in Europe are hard to figure without the cross border mobility of health professions. Patients going cross-borders. We have a European Medicines Agency that is regulating key aspects of the pharmaceutical market. Health systems have become part of the economic governance of the EU. In PH we have the ECDC, a PH programme and policies on health related consumer protection and may mechanism that should protect European citizens from scourges that know no borders. With health in all policies, the EU legislates literally on all known agents and, when in doubt, is using the pre-cautionary principle to protect citizens from health hazards. All this is supported by a large EU research programme. Panellist 1 N Fahy, the projected impact of Brexit on health system functions of the United Kingdom demonstrates how deep the integration goes and how beneficial it is for both health systems and public health. Panellist 2 H Jarman: The discussion around the Transatlantic Trade an Investment Partnership (TTIP) have risen worries about privatization of health services and lowering of food standards. But TTIP is only the tip of the Iceberg given that the EU has several types of trade agreements with many countries and groups of countries, shaping the commercial determinants of health. Panellist 3 W Palm: Cross-border collaboration is already taking place in many border regions. The European reference networks demonstrate the value of the cross-border collaboration beyond border regions, as does collaboration for joint purchasing and health workforce development. Key messages Health is important at the EU level and the EU level is important for health. Not shaping health and health systems at EU level will limit the perspectives of EU integration, health system development public health and HiAP. Panelists Scott Greer Holly Jarman Contact: hjarman@umich.edu Nick Fahy Contact: nicholas.fahy@phc.ox.ac.uk Willy Palm Contact: wismarm@obs.who.int Contact: palmw@obs.who.int

Policy instruments for soil protection among the EU member states: A comparative analysis

Many factors threaten European Soils, and currently, all the Member States (MS) are introducing many types of soil protection measures. Erosion, pollution, sealing and decline of the organic matter are just some of the threats that affect one of the primary non-removable resources of the planet. Soils play a vital role in the biodiversity and are the provider of numerous Ecosystem Services that support human life on Earth.Following the withdrawal of the Soil Framework Directive proposal by the European Commission, we investigate how the different MS of the European Union (EU) address sustainable soil management under the pressures of different threats.The methodology used is based on a gap analysis applied to the instruments and/or policies adopted by the MS to contrast the various threats according to their specific level of intensity. The study presents for the first time a systematic review of the current EU policies covering all the regulatory instruments, the economic instruments, the information tools, the monitoring systems, and the research and innovation activities.The comparative analysis of the different approaches adopted by MS reveals the absence of a common EU strategy to address soil protection and the inefficacy of the subsidiary principle in the sustainable management of soil resources especially in the view of addressing the Sustainable Development Goals achieving the targets by 2030.Results show how the lack of a Soil Framework Directive has weakened the possibility to have strong coordination among the MS for soil protection. Each Country is adopting an autonomous legislative framework which reveals a huge dis-homogeneity and un-coherences among approaches.

Practical Implementation of the Principles - Constituents of the Rule of Law in Civil Relations

The article deals with the research of issues related to the implementation of the rule of law principle in civil relations. The authors reveal the peculiarities of the implementation of the principles - components of the rule of law in certain institutions of civil law. The rule of law is one of the fundamental principles not only of lawmaking but also of law enforcement. The complexity and versatility of this phenomenon necessitates its disclosure in relation to other legal principles that exist as its component. Among the principles there are constituents of the rule of law, as defined by the Venice Commission in the Rule of Law Checklist, the principles of subsidiary, proportionality, legal certainty, equality before the law, etc. These principles have their own peculiarities of implementation in civil legal relations. Therefore, the principle of subsidiary is a guarantor of personal freedom and a requirement for state institutions to recognize the priority of human rights and interests. The principle of proportionality is a requirement for authorities not to impose on citizens obligations that go beyond the limits of public necessity, and to take maximum account of private interests; setting goals and choosing the means to achieve them, to maximize the possible consequences of such actions. This principle is actualized in property relations, since the exercise of property rights is an important means of realizing personality. The principle of popular sovereignty in action creates the preconditions for self-realization of the population, the existence of mutually beneficial relations between legally equal, independently independent, autonomous subjects of private legal relations. The principle of legal certainty in civil legal relationships is implemented through the requirement of civil law to meet the criteria of accessibility, predictability, sustainability and consistency of legal requirements. The value of this principle lies in legal certainty, the protection afforded by all parties to a civil legal relationship, provided that the state respects that principle. The principle of equality before the law is implemented in civil law by ensuring the formal equality of virtually unequal subjects, impartial reconciliation of interests. Equality before the law, non-discrimination is a requirement of anti-discrimination legislation, guaranteeing the prescriptions of the right of non-discrimination.

국민기초생활 보장법상 보충성 원칙의 적용에 대한 고찰

국민기초생활 보장법상 보충성 원칙의 적용에 대한 고찰

A Kantian Approach to Altruism in Respect and Love

The requirement of altruism is a defining feature of morality. This apparently makes acting partially, e.g. regarding loved ones, morally wrong and forbidden. The question arises how do we apply or use effective altruism in practice. This paper will seek to answer that question with Kant’s categorical imperative, by defending an interpretation of altruism in terms of two subsidiary principles: moral love and moral respect. I will argue that Kantian moral altruism is not merely a matter of logical consistence or even a deconstruction of humanity by reason alone; it must be valued in a more specifically non-formalistic sense that is, moral respect and love. I will also argue that as independent values implied in humanity formulation. Moral respect and love are compatible and can be illustrated the effective altruism.

The Allocation of Powers in the European Union: A Closer Look at the Principle of Subsidiary

The Allocation of Powers in the European Union: A Closer Look at the Principle of Subsidiary

The explanatory structure of unexplainable events: Causal constraints on magical reasoning.

A common intuition, often captured in fiction, is that some impossible events (e.g., levitating a stone) are "more impossible" than others (e.g., levitating a feather). We investigated the source of this intuition, hypothesizing that graded notions of impossibility arise from explanatory considerations logically precluded by the violation at hand but still taken into account. Studies 1-4 involved college undergraduates (n = 357), and Study 5 involved preschool-aged children (n = 32). In Studies 1 and 2, participants saw pairs of magical spells that violated one of 18 causal principles-six physical, six biological, and six psychological-and were asked to indicate which spell would be more difficult to learn. Both spells violated the same causal principle but differed in their relation to a subsidiary principle. Participants' judgments of spell difficulty honored the subsidiary principle, even when participants were given the option of judging the two spells equally difficult. Study 3 replicated those effects with Likert-type ratings; Study 4 replicated them in an open-ended version of the task in which participants generated their own causal violations; and Study 5 replicated them with children. Taken together, these findings suggest that events that defy causal explanation are interpreted in terms of explanatory considerations that hold in the absence of such violations.

Etyczne i ekonomiczne aspekty państwa dobrobytu

A concept of the welfare state is based on the principles of equitable distribution of wealth and equality of opportunity. The state is responsible for the protection and promotion of the economic and social well-being of its citizens. Progressive taxation reduces the income gap between the rich and poor. However, the efforts to put principles of the welfare state into practice produced still unsatisfactory results. It was closely connected with violating the subsidiary principle and eroding the work ethics. That is just why the welfare state failed from the ethical and economic point of view.

DECENTRALIZATION OF PUBLIC AND LOCAL AUTHORITIES IN UKRAINE

The purpose of research is to examine the purpose of a modern system of local government in Ukraine, scientific analysis of the feasibility and benefits of implemented reforms for decentralization and subsidiary of local authorities, decentralization of public power and public control, and the need to strengthen the political status of local governments. Methodology. The methodological base for research on decentralization and local government reforms to strengthen the political status of local government and decentralization of public power is the Constitution of Ukraine, Laws of Ukraine, Decrees of the President of Ukraine, as well as publications on these issues of domestic and foreign authors. As a result (Results) study determined that according to Article 5 of the Law of Ukraine “On local government in Ukraine” The elements of local government are: local community; Village, town, city council; Village, town, city mayor; executive bodies of village, town and city councils; district (in the city) Council, created in cities with district division by the decision of the territorial community, or city council; district and regional councils, which represent common interests of territorial communities of villages, towns and cities; BSP; system of government in Ukraine is not fulfilling the role assigned to it, because there is twofold subordination and uncertainty powers of representative and executive bodies. Today there is a three-level administrative division: basic level (village, town or city), district level and level area. There is a local government council and executive body (all the decisions and programs approved by the Regional Council performed by RSA, those public authorities). Thus there is a need for continued reform of local government on the principles of decentralization and subsidiary principle because they are building the foundation of the state; One of the hallmarks of a modern democratic society has become political decentralization, the function of which is the implementation of a public authority independent of the state entities unrelated relationship of subordination. The degree of autonomy is determined that they belong to a relatively independent of the type of public authority – local government. Practical implication. Proposal reforms to decentralize power on the ground are that the three-tiered structure remains, but unlike the current situation where at district and area is under State Administration and State Administration, through amendments to the Constitution should be established district and regional executive bodies. Exist and district administration and state administration, which appointed the President of the Government’s submissions. This reform should take place through changes in the Constitution; inclusion in the consideration of the bill “On public control”, which will affect local governments and utility companies; strengthening political status of local governments. Value/originality. Systematic reforms in terms of priority must be given a New Constitution that guarantees enhanced political status and European standards of local government.

Chrześcijańska perspektywa rozwiązywania kwestii społeczno-ekonomicznych w świetle nauczania Jana Pawła II i założeń personalizmu G.M. Gronbachera

In this essay I would like to outline the Christian perspective on solving economic issues based on documents of the Catholic Church. The term ‘economic personalism’ appeared in literature several years ago and has been used as a proposal of a new economic model which is supposed to be a synthesis of achievements of economic sciences and Christian moral theology. Pope John Paul II is believed to be one of its precursors or even founding-fathers. We shall sum up these significant elements of papal personalism under the following heads: (1) A man is a person, namely an independent existence in material and personal, spiritual and material sense, rational and free. All these characteristics of a human being constitute a basis for his dignity and greatness; (2) A man is a free being. This means that he has to make choices between various values. Human freedom is closely related to the truth. The final objective of human freedom is love; (3) We can protect ourselves against alienation by acting and being together with others. We will avoid the danger of alienation when we make ourselves a gift for the other person and especially for God. Economic personalism develops John Paul II’s personalistic view in a creative way. Its program can be summarized by the following theses: (1) a man is the centre of economy; (2) a human being is the most important economic good; (3) work is part of the man’s calling; (4) reproducibility of goods is subordinated to the man’s integral development; (5) the right to participate constitutes inalienable human right; (6) the principle of subsidiary is an „intellectual” frame for social and economic order; (7) the market should not be absolutized; (8) solidarity with the poor and social justice constitute a basis of each economy.