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During times of crisis, such as the COVID-19 pandemic, policymakers and the public reveal a strong preference for fairness in pricing even when that would reduce efficiency. For example, they support the application of price gouging laws that prevent prices for necessities from skyrocketing but probably also dampen incentives for firms to produce more and alleviate the shortage. More generally, a growing body of research reveals that consumers have a strong preference for fairness over wealth maximization. This suggests that in making price policy, governments should abandon neoclassical economics and its wealth maximization criterion in favor of an approach that treats fairness in pricing as a first principle and paramount value. The chapter considers the implications of this "neo-Kantian" approach to price policy for antitrust law and policy in particular.
Dark patterns are the subject of a surge of regulatory interest in the EU. Much new legislation in the areas of consumer law, data protection and competition law include provisions on dark patterns. Businesses use dark patterns to increase their revenue at the expense of consumers who purchase products they may not need, spend more time or give up more personal data than they would otherwise. Instead of focusing on the more normative issue of when dark patterns should be considered harmful, the chapter compares the different legal frameworks applicable to these practices and asks to what extent the increasingly fragmented EU regulatory landscape can offer effective overall protection against dark patterns. While useful complementarities may arise when parallel sets of rules target different concerns or protect different values, there are also risks of inconsistencies that may lead to either under- or overenforcement due to the fragmentation of the overall regulatory framework. The chapter submits that three needs result from the state of play and offers suggestions to improve the enforcement against dark patterns based on the current EU regulatory framework.
Chapter 23 synthesizes the information presented in the book to explain why tenure matters not only for the current and aspiring faculty who are directly impacted by it, but for the students, parents, administrators, politicians, and citizens who may think that tenure is the peculiar concern of professors. The chapter also draws on higher education expenditure statistics to show why arguments sounding in budgetary shortfalls are inadequate justifications for reductions in tenure-stream employment.
This State-of-the-Art review examines second language (L2) writing assessment research over the past 25 years through a framework of fairness, justice, and criticality. Recognizing the socio-political implications of assessment, the authors argue for a shift toward more equitable and socially conscious approaches. Drawing from a corpus of 869 peer-reviewed articles across leading journals, the review identifies five major themes: (1) features of writing performance, (2) rating and scoring, (3) integrated assessment, (4) teacher and learner perspectives, and (5) feedback. Each theme is reviewed for foundational findings, then critiqued through questions related to fairness and justice using a critical lens. The authors advocate for a multilingual turn in writing assessment, greater attention to teacher and student voices, and questioning dominant norms embedded in assessment practices. The review concludes with a call for future research to engage with fairness, justice, and criticality in both theory and practice, ensuring that writing assessments serve as tools for empowerment rather than exclusion.
In meritocratic societies, inequality is considered just if it reflects factors within but not outside individuals’ control. However, individuals often benefit differentially from other people’s efforts. Such passive inequality is simultaneously just and unjust by meritocratic standards, confronting meritocrats with a dilemma. We conducted an experiment with a representative US sample to investigate how people deal with this dilemma. In the experiment, impartial spectators redistribute payments between pairs of individuals. We vary whether initial payments result from luck or effort and whether spectators redistribute between individuals who worked themselves or individuals who benefited from the work of real-life friends. We find that spectators treat inequality based on the efforts of individuals’ friends as if individuals had worked themselves, and very different from inequality resulting from differential luck. This indicates that most people accept inequality if it is merited at some stage, which may explain opposition to redistributive policies.
How should the responsibility for refugees be distributed among states? While scholars have proposed various sources of responsibility to make the distribution more equitable, they have not provided guidance on how to weigh each principle within a composite scheme. This is an important problem to resolve because the principles often implicate different actors, resulting in distinct distributions of responsibility. Moreover, states are particularly able to obfuscate their level of responsibility when multiple principles exist. To remedy this problem, I specify the range of possible solutions to the weighting problem, based on the principles of liability, community, and capacity. This argument identifies the relative importance of each principle based on the stated goals of a particular framework. These goals include whether the scheme is intended to operate under ideal or non-ideal assumptions, or if it intends to optimize state or refugee interests. By focusing on how to weigh various sources of responsibility, this paper paves the way for scholars to develop determinate schemes that can identify each state’s fair share in contexts where multiple principles apply.
Many societies allocate wealth and status through competitions. These competitions may be seen as unfair if the playing field is uneven or if the competitors are of unequal strength. We run two experiments to document the extent to which people are willing to compete against others in situations with varying fairness concerns. In a between-subject experiment, we show that people’s willingness to compete is largely unaffected by the impact their choice has on the payoff of an opponent, no matter whether the opponent had a choice about whether to compete or not. In a within-subject experiment, we show that most people are willing to compete against opponents who have been exogenously disadvantaged or are known to be weaker. People who choose competition against weak or disadvantaged opponents are also more willing to give themselves an advantage by sabotaging the performance of their opponent.
Many language assessments – particularly those considered high-stakes – have the potential to significantly impact a person’s educational, employment and social opportunities, and should therefore be subject to ethical and regulatory considerations regarding their use of artificial intelligence (AI) in test design, development, delivery, and scoring. It is timely and crucial that the community of language assessment practitioners develop a comprehensive set of principles that can ensure ethical practices in their domain of practice as part of a commitment to relational accountability. In this chapter, we contextualize the debate on ethical AI in L2 assessment within global policy documents, and identify a comprehensive set of principles and considerations which pave the way for a shared discourse to underpin an ethical approach to the use of AI in language assessment. Critically, we advocate for an “ethical-by-design” approach in language assessment that promotes core ethical values, balances inherent tensions, mitigates associated risks, and promotes ethical practices.
Chapter 16 on Causation explores the challenges of proving causation in an interconnected system like the climate, where multiple actors contribute to the overall impacts. The authors highlight the significance of probabilistic approaches, recognising that establishing direct causation can be challenging due to the nature of climate change and the cumulative nature of greenhouse gas emissions. In their exploration of emerging best practices, the authors underscore the growing recognition among courts of the need for nuanced interpretations of causation requirements in climate litigation. They highlight innovative judicial strategies that utilise scientific evidence and expert testimony to assess the contribution of specific actors to climate impacts, even in the absence of direct causation. They emphasise the importance of interdisciplinary collaboration between legal and scientific experts to navigate the complexities of causation in climate cases. By incorporating and further developing these emerging best practices, courts can facilitate an accurate and fair distribution of responsibilities through the cases they adjudicate.
Chapter 14 on Intergenerational Equity sheds light on how this principle, which posits a responsibility to ensure that future generations inherit a habitable planet, has been invoked in climate cases to date. The authors examine how this principle has been interpreted and applied across different jurisdictions, highlighting the notable contributions of jurisprudence from the Global South in shaping the development and understanding of the principle. Through an examination of leading cases from around the world, they illuminate how courts in these jurisdictions have infused their decisions with a consideration for future generations, thereby advancing a more inclusive and long-term perspective on climate justice. The authors distil instances of emerging best practice where the principle of intergenerational equity has been invoked to guide legal reasoning and judicial decisions in climate cases. They underscore the potential of this principle to shape future climate litigation, particularly as the impacts of climate change increasingly span across generations.
This article proposes a framework to understand questions of fairness in EU law. It builds on the scholarly literature on the meaning and scope of this concept, to then consider its relevance to legal orders and specifically the European Union’s. Having set out an umbrella definition of fairness as a legal principle, the article applies it to a specific example: namely, the system of border procedures introduced by the new asylum and migration pact. The objective of this paper is twofold. Firstly, it aims to provide a blueprint for discussing issues of fairness in the EU beyond a specific area of law and policy. Secondly, in concretely adapting that blueprint to the specificities of the ‘case study’ analysed in the paper, it sheds light on the degree of its (un)fairness.
Workplace exclusion – often subtle and difficult to detect – significantly contributes to employee disengagement and turnover, costing US organizations over $1 trillion annually. This study examines how exclusionary behaviors (EBs) influence turnover intentions (TOIs) through disruption of psychological needs, using Rock’s SCARF model (Status, Certainty, Autonomy, Relatedness, Fairness) and self-determination theory. A two-wave survey of full-time US employees (N = 277) assessed EB, SCARF-based need satisfaction, and TOI. Partial least squares structural equation modeling revealed that EB significantly undermines all five SCARF domains, but only fairness and status mediated the EB–TOI link. Certainty, autonomy, and relatedness did not have significant effects. These findings suggest turnover risk intensifies when employees feel unfairly treated or socially devalued, rather than merely disempowered or disconnected. The study advances theoretical integration between SCARF and SDT and offers practical guidance for managers seeking to reduce attrition by fostering inclusive, respectful, and psychologically safe workplace environments.
This innovative work delves into the world of ordinary early modern women and men and their relationship with credit and debt. Elise Dermineur focuses on the rural seigneuries of Delle and Florimont in the south of Alsace, where rich archival documents allow for a fine cross-analysis of credit transactions and the reconstruction of credit networks from c.1650 to 1790. She examines the various credit instruments at ordinary people's disposal, the role of women in credit markets, and the social, legal, and economic experiences of indebtedness. The book's distinctive focus on peer-to-peer lending sheds light on how and why pre-industrial interpersonal exchanges featured flexibility, diversity, fairness, solidarity and reciprocity, and room for negotiation and renegotiation. Before Banks also offers insight into factors informing our present financial system and suggests that we can learn from the past to create a fairer society and economy.
Fairness in service robotics is a complex and multidimensional concept shaped by legal, social and technical considerations. As service robots increasingly operate in personal and professional domains, questions of fairness – ranging from legal certainty and anti-discrimination to user protection and algorithmic transparency – require systematic and interdisciplinary engagement. This paper develops a working definition of fairness tailored to the domain of service robotics based on a doctrinal analysis of how fairness is understood across different fields. It identifies four key dimensions essential to fair service robotics: (i) furthering legal certainty, (ii) preventing bias and discrimination, (iii) protecting users from exploitation and (iv) ensuring transparency and accountability. The paper explores how developers, policymakers and researchers can contribute to these goals. While fairness may resist universal definition, articulating its core components offers a foundation for guiding more equitable and trustworthy human–robot interactions.
Industrial concentration has increased in recent years with large companies consolidating their dominant positions. Concentrated markets are thought to benefit large firms as they earn elevated profits and gain political influence. Antitrust law is the main policy tool to reduce concentration. Calls to strengthen antitrust have come from the political left and the right, yet we know little about public support for such policies. We test how economic, moral, and democratic concerns influence support for antitrust. We find that the public does not respond to the consumer price benefits of antitrust but is moved by arguments invoking concerns for fairness and the importance of maintaining democratic institutions. We find that Republicans and Democrats often respond in divergent ways, with Republicans being less supportive of antitrust when informed that it could punish successful companies, whereas Democrats are more concerned about using antitrust to curb corporate influence. The findings accord with a general concern on the left for limiting business influence in politics and a concern on the right for maintaining business growth.
Describe how children develop fairness, spite, and helping behaviours; understand the role of emotions, punishment, and reputation in moral development; explore cross-cultural differences and similarities in morality.
The concluding chapter begins by summarizing the main findings of how politicians balance pressures arising from the economy, national politics, and supranational politics when they design and implement the economic policy of the European Union. With different emphasis, these pressures resurface across time and cut across the entire policy cycle, from the formation of preferences to the negotiations over legislative and executive measures, the timing and direction of reforms, and the patterns of compliance. The chapter then draws some tentative, yet interesting, insights about the effectiveness, fairness, and responsiveness of the policy. The record of effectiveness is mixed. Long-term trends appear reasonably reassuring, but these dynamics hide large cross-country differences, which, rather worryingly, characterize mainly the euro area. There are, however, no glaring indications of unfairness. Concerns about negative externalities have trumped the influence of raw economic power in implementation. Moreover, the policy is not insensitive to changes in public opinion and governmental positions. The chapter concludes by highlighting the usefulness of this theoretical framework.
The adoption of AI is pervasive, often operating behind the scenes and influencing decisions without our explicit awareness. It impacts different aspects of our lives, from personalized recommendations to crucial determinations like hiring decisions or credit approvals. Yet, even to their developers, AI algorithms’ opacity raises concerns about fairness. The biases inherent in our data further complicate matters, as current AI systems often lack moral or logical judgment, relying solely on predictive outputs derived from learned data patterns. Efforts to address fairness in AI models face significant challenges, as different definitions of fairness can lead to conflicting outcomes. Despite attempts to mitigate biases and optimize fairness criteria, achieving a universal and satisfactory solution remains elusive. The multidimensional nature of fairness, with its roots in philosophy and evolving concepts in organizational justice, underscores the complexity of the task. Technology is inherently political, shaped by various societal factors and human biases. Recognizing this, stakeholders must engage in nuanced discussions about the types of fairness relevant in specific contexts and the potential trade-offs involved. Just as in other spheres of decision-making, navigating trade-offs is inevitable, requiring a flexible approach informed by diverse perspectives.
This study acknowledges that achieving fairness in AI is not about prescribing a singular definition or solution but adapting to evolving needs and values. Embracing ambiguity and tension in decision-making can lead to more inclusive outcomes. An interdisciplinary examination of application-specific and consensus-driven frameworks is adopted to consider fairness in AI. By evaluating factors such as application nuances, procedural frameworks, and stakeholder dynamics, this study demonstrates the framework’s expansive potential applicability in understanding and operationalizing fairness by the way of two illustrations.
In response to the emergence of COVID in England in 2020, the government declared a suspension of face-to-face education. To deal with the cancellation of exams, then minister of education Gavin Williamson assigned the Office of Qualifications (OfQual) with devising a method for awarding grades to students based on the standards they would have met had the examinations not been cancelled. As a response, OfQual implemented a prediction matrix based on the resources available to them: this system is wildly referred to as the OfQual algorithm. However, as the points were delivered on 13 August 2020, disputes arose leading to the cancellation of the algorithm. This paper will focus on the OfQual algorithm as a particularly relevant case to highlight the tensions around the notion of fairness in the implementation of such systems. Drawing on Science and Technology Studies, I will start by opening the black box of the OfQual algorithm. This will, in turn, allow me to identify the conflicting accounts of what is considered as fair in such system and how such accounts were inscribed within this algorithm, questioning what it means for such system to be fair in contexts marked by inequalities.