1585 lines
55 KiB
YAML
1585 lines
55 KiB
YAML
abstract: 'Political struggles not only change social institutions and conventions,
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they also often shape normative language. Moral notions of lasting
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significance are like geological formations insofar as they are usually
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not formed in a void but under considerable pressure. While some notions
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are fundamentally linked to legal documents or academic treatises,
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others are mainly advanced in songs, pamphlets, or manifestos.
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Philosophical attempts to define these evolved notions are often
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sensitive to their particular histories in order to avoid detachment
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from common pre-theoretical usage. After all, moral theory would be
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ill-advised to rid itself of considered conceptual intuitions unless
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there are strong grounds for revision. Even though theoretical
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reflection may produce reasons to deviate from prevailing understandings
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of core moral notions, it must eventually rely on some form of a
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semantic orientation. The line between reconstructing and redefining
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moral notions is particularly hard to draw when it comes to
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comparatively young and polymorphic notions, such as solidarity. It is
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difficult to provide a finite definition of `solidarity'', as the term
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has been appropriated in the pursuit of a variety of causes. Different
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theoretical reconstructions explicate solidarity as a form of unity,
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fraternity, civic friendship, charity, humanity, or camaraderie. Instead
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of reflecting on this variety of meanings, the present contribution
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examines the reference to solidarity within a specific context of moral
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debate. There are recurring calls for solidarity in contemporary
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oppositions to the erosion of the protective reliabilities of society,
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as it becomes manifest in the reduction, privatization, or
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stratification of both social security in general and health care in
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particular. In this context, solidarity is invoked as a relation that
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connects all members of society, providing a reason to accept or support
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the introduction or continuation of universal health care. In the
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following, I am concerned with the adequacy of the moral terminology
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implied in this line of reasoning. My claim is that - at least relative
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to the purpose of moral philosophy to provide a systematic,
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comprehensive, and fine-grained account of moral obligation - a specific
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partisan notion of solidarity is of greater systematic value to moral
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terminology than the alternative universal notion. At least one central
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strain of moral references to `solidarity'' does not conceive it as a
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notion of universal moral inclusion, but of communal relatedness. This
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conception of solidarity imprints the term with a specific
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community-related perspective, i.e. the distinctive normative and
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motivational force of solidarity relations is taken to reside in a
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specific form of partiality toward significant groups like unions,
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cooperatives, parties, committees, etc. Ralph Chaplin''s Solidarity
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Forever, for instance, memorably assigns the distinctive strength of
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references to solidarity to union''s inspiration. In this understanding,
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the reference to solidarity bears a specific moral and political
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relevance because it conveys a normative insight to members of specific
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communities, explicating why they may be obliged to take a stand for a
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common cause, even if this involves going well beyond what can be
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expected of them merely qua moral subjects. I aim to show that a
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conception of `solidarity'' that confines it to this decidedly partisan
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moral relation provides a significant contribution to moral philosophy
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because it grasps a specific and important facet of moral obligation.
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In the following, this structural feature of solidarity is discussed
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with regard to the moral foundation of health care policies. I argue
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that the demand to universal access to health care should be conceived
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as a matter of justice, decency, or humanity, rather than of solidarity,
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because the failure or refusal to provide adequate health coverage does
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not disregard individuals as members of specific communities, but as
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moral subjects. My argument for this terminological suggestion comes in
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three sections. The first section establishes a normative notion of
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solidarity as a source of - essentially partisan - communal obligations
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reflecting on shared identificatory attributes like convictions, social
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positions, or significant histories. Under this description, solidarity
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is understood to pose a particular type of special obligations, creating
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moral requirements that obtain apart from and beyond the demands of
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universal morality. The reference to solidarity unfolds a particular
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theoretical potential when it captures a distinct form of communality.
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The second section locates the normative foundation of calls for
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universal health care in the domain of justice by understanding the
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provision of basic health care as a right of every moral subject that is
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independent of normatively significant commonalities. The third section
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concludes that solidarity is a notion that does have a place in
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health-related norms, but that does not provide the best moral
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foundation of demands for universal health care. Rather, relations of
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solidarity establish forms of moral obligations that are indispensable
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when social systems fail to provide justice or reach their legitimate
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limits. The first step of the argument brings `solidarity'' into view as
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a systematic term of moral philosophy as opposed to its role in
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sociology or political theory. This perspective focuses on solidarity as
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a relation that provides specific moral reasons, such as the reason to
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accept and obey practices of mutual assistance, to put oneself at risk
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or at a disadvantage for the benefit of others, to endure hardships for
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the common good, etc. Thus, the reference to solidarity within moral
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justification bears a discursive force in its own right. The main
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difficulty in the appropriation of solidarity to moral philosophy is to
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individuate and explicate a defining set of features of recognized uses
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of the term. Due to the variety of relations, attitudes, and
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dispositions that are commonly referred to as solidarity, no coherent
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notion can be expected to be able to simultaneously capture obligations
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toward humankind, or the exploited and the poor, among comrades and
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sisters in arms, and between the members of parties, teams, clubs,
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gangs, unions, collectives, and social movements. One reaction to this
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diagnosis is to accept that solidarity is a pluralistic notion that
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cannot be reduced to either of these meanings. However, this approach
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would possibly have to allow a very broad understanding of `solidarity''
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that could render the notion empty or incoherent. Such a conception of
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solidarity may pose no difficulties within everyday language, but it can
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be argued to be unsuitable for the kind of justification sought in moral
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philosophy. There are legitimate doubts about the confinement of moral
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notions like solidarity to the narrow boundaries of philosophical
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concepts for systematic purposes. However, if the language of moral
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philosophy is not to become artificial, it has to adopt notions of our
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common language and alter them to avoid incoherences.
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A moral account of solidarity is only of systematic value if the
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reference to `solidarity'' captures a specific type of obligation that
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can be distinguished from other moral obligations. Without an
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explanation in what regards obligations of solidarity are different
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from, go beyond, or are more specific than obligations of justice,
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humanity, charity, fidelity, or loyalty, there is arguably no need for a
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distinct theory of solidarity within moral philosophy. Thus, a
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convincing exposition of solidarity should fulfill a condition of
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conceptual discriminability, and of irreducibility. If it is to play any
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significant role in moral philosophy, `solidarity'' has to refer to a
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moral relation sui generis. Once some defining features of solidarity
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are established, the meaning of references to solidarity in debates
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about public health care can be addressed. In approaching a sound notion
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of solidarity, different accounts can be distinguished with regard to
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their position on its normative scope, i.e. with regard to the extension
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of the groups within which subjects are considered to have mutual
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obligations and corresponding claims of solidarity. The main dividing
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line that is relevant to the present context - to the analysis of the
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systematic function of references to solidarity within moral philosophy
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- must be drawn between universalist and partisan accounts of
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solidarity. Some prominent accounts of moral solidarity conceive it as a
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universal relation that extends to all humanity, or to all members of
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society, making solidarity the basis of a universal form of moral
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obligation. David Wiggins and Jurgen Habermas, for instance, invoke
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different notions of universal solidarity for different conceptual
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reasons. While Wiggins refers to solidarity in order to designate a
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fundamental form of a pre-reflective universal recognition implying
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negative duties, Habermas describes solidarity as a non-formal positive
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attitude of care complementing formal requirements of justice. Both
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accounts provide valuable insights into the nature of political and
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moral obligation. Yet, the competing understanding of solidarity as
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specific by virtue of its partiality comes with considerable systematic
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advantages. Wiggins understands solidarity as a fundamental moral
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relation that is characterized, among other things, by its universality.
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In this understanding, solidarity is a particular form of recognition
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that forms the basis of morality altogether. This form of recognition
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entails deontological constraints, but these constraints are not solely
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based on demands of reason. Thus, solidarity resembles Kantian respect
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in terms of the demands it poses, but with regard to the underlying
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attitude, solidarity resembles Humean sympathy. In the course of
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outlining obligations of solidarity, Wiggins identifies solidarity as
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`the {[} horizontal ellipsis ] thing that any human being owes to any or
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all other human beings, namely the solidum that is presupposed to the
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ordinary morality of all interaction between human beings''. As the very
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bedrock of moral relatedness, solidarity must extend to every moral
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subject alike. Solidarity is the basic form of recognition that
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interconnects moral subjects through their mutual consideration as
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bearers of a point of view that commands respect. Habermas brings forth
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a different account of solidarity, but he also uses the term to denote a
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relation with a universal extension.
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In this account: Solidarity {[} horizontal ellipsis ] is rooted in the
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realization that each person must take responsibility for the other
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because as consociates all must have an interest in the integrity of
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their shared life context in the same way. Justice conceived
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deontologically requires solidarity as its reverse side. Habermas
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distinguishes the fundamental moral demands of justice that are directly
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based on the principles of discourse from complementary demands of
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sympathy or care that are based on solidarity. While justice
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substantiates negative obligations, solidarity requires moral subjects
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to strive at promoting the welfare of others. Thus, Habermas supplements
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the discourse theory of morals with the relation of solidarity in order
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to be able to account for materially rich notions of social relatedness.
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However, in this description the `shared life-context'' relevant to
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solidarity is not economic class, social position, or political stance
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but society as a whole. For Habermas, justice and solidarity differ with
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regard to the content of their obligation, yet they are similar in their
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universal scope, as solidarity is conceived of as extending toward all
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members of society. While both accounts capture an important aspect of
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moral and political obligation, their recourse to `solidarity'' is not
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without problems. There is no incontestable argument that would be
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sufficient to reject these two notions of universal solidarity. While
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there is no `separate essence'' of solidarity that could be referred to
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in order to argue for the conceptual necessity of solidarity''s
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partiality, some features may reasonably be stipulated as being
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essential to solidarity with a view to its systematic function within
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moral philosophy. Thus, I aim to uncover some systematic disadvantages
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of assigning `solidarity'' in the description of a universal relation
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within moral philosophy. The universal notion of solidarity misses - or
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deliberately excludes - something that is at the core of a competing
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account of solidarity. What is this feature of solidarity that is lost
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in its universalization? As indicated before, influential references to
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solidarity identify unity, cohesion, or community as essential elements
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of solidarity. The idea that is at the core of this understanding of
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solidarity can be illustrated with reference to a terminological
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precursor of `solidarity''. A legal construction of Roman civil law, the
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obligatio in solidum, describes a joint liability, or a liability for
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the whole, that is incurred when individual debtors assume
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responsibility for a collective loan. Accordingly, one can argue that
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obligations of solidarity require a solidum, i.e. some form of an
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entirety or a whole that serves as a point of reference in the content
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of solidary obligations. Wiggins understands the solidum to refer to the
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firmness of solidarity by making the relation of solidarity `the root of
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the ethical'', or the hard core of morality. For Habermas, the solidum
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may be society as a whole comprising moral subjects viewed as
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consociates. These references to a solidum, however, have to be
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distinguished from those that base solidarity in communal relations
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entailing significant forms of relatedness that go beyond the
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obligations of moral subjects qua moral subjects. Solidarity qua
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partisan relation refers to a morally significant solidum in terms of a
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wholeness or unity of distinct communities.
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The question with regard to universal solidarity is what the reference
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to a solidum contributes normatively beyond the consideration of others
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as mere moral subjects. In the case of partial solidarity, significant
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commonalities determine the range and the dimension of specific
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obligations of solidarity. If a solidary community is of moral
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significance, then it must entail a relevant distinction between
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subjects as members of the community and others as - mere - moral
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subjects, just like friends, comrades, or family members have to make
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this distinction in order to satisfy the normative implications entailed
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in friendship, camaraderie, or family. The moral significance that is
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missing in accounts of universal solidarity concerns the role of
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expressions like `my'' or `our'' as irreducible constituents of moral
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reasons that are indicative of communal obligation. In this manner, the
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reference to others as `my friend'', `my sister'', or `my ally'' expresses
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a structural characteristic of morally significant relations within a
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community. Thus, the obligation toward one''s own community is not merely
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an obligation toward some community based on a neutral moral property
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but on a reason that necessarily entails a reference to the bearer of
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the obligation. This demonstrates that the universal relation that
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Wiggins and Habermas have in mind cannot be regarded as one specific
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form of - a human or a moral - solidarity that may coexist with narrower
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forms of national, ethnic, cultural, or political solidarities. The
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problem is that human solidarity lacks the significant reference to a
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solidum. While there is a difference between characterizing someone as a
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friend or a comrade and referring to her as one''s own friend or as my
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comrade, it is plainly difficult to comprehend what would distinguish
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someone as `my fellow human'' from someone as merely `a human''. The
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solidarity within civil rights movements or political unions requires a
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reference to others in relation to the subject of solidarity exposing
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their significant commonality as feminists, homosexuals, workers,
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anarchists, etc. Thus understood, relations of solidarity, and the
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entitlements and obligations associated with them, only extend to those
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who are related via significant commonalities, and the content of
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solidary obligations is explained and limited by these commonalities as
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well. This structural difference between agent-relative and neutral
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moral reasons suggests that the notions of universal and partisan
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solidarity are incompatible; but this does not imply that the universal
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notion has to give way to the partisan notion of solidarity. My argument
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rests on the assumption that, while the notion of partisan solidarity
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captures a specific moral phenomenon for which there is no comparable
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alternative, the partisan conception does not take anything away from
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those accounts that refer to universal solidarity, because other
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established moral notions like humanity, charity, or beneficence suffice
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to capture what appears to be invoked in references to universal
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solidarity. While it is impossible to pre-decide this issue for all
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potential conceptions of universal solidarity, the relation that Wiggins
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has in mind may be re-described as humanity, compassion, or
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fellow-feeling, or maybe as a basic form of moral recognition.
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At any rate, other terms than `solidarity'', which is commonly associated
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with a much more specific meaning, may be conceived as fitting to
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describe such a fundamental form of moral relatedness. Similarly, one
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may concede that Habermas makes a valid material point to emphasize
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positive obligations between all members of society. Yet, there may be
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alternative notions, like care, mutual concern, or civility, that
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capture what Habermas has in mind. If using the term solidarity to
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describe universal moral relations leaves a specific form of moral
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obligation without a label, more needs to be said about the
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distinctiveness of the communality that is supposed to be entailed in
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this form of moral obligation. Solidarity is often regarded as an
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inherently inclusive ideal to counter the narrowness of commitments to
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blood, soil, and nation. This appears to be incompatible with the
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defense of an essentially partial, and thus exclusive, notion of
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solidarity. However, solidarity cannot only be distinguished from
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universally inclusive obligations, but also from immediate and exclusive
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forms of moral relatedness like patriotism, friendship, or loyalty. Thus
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conceived, solidarity comprises a very specific strain of a wider set of
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what may be considered associative obligations. These obligations, in
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turn, belong to a wider class of special obligations comprising
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contractual duties, reparative duties, and duties of gratitude.
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Solidarity''s normative force depends on meaningful commonalities like a
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joint struggle, a common ideal of a good life, or a social utopia, in
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relation to which a solidary subject positions herself, while being
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aware that others do the same. Solidarity is special insofar as it
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contains a shared partisan involvement with a group that is not
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strategic, but that is nonetheless `mediated by thought and belief''. Due
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to its normative foundation in reflected commitments, solidarity tends
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to be more inclusive than immediate ties of kith and kin. Even though
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solidarity is - inevitably - more exclusive than humanity, it allows for
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inclusion of those who are willing to join with an identificatory
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commitment. If solidarity relations pertain to a specific form of
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communal obligation which holds some significance in moral life, and for
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the description of which moral philosophy possesses no viable
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alternative, then abandoning this notion noticeably impoverishes moral
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language. This pragmatic argument about philosophical terminology does
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not question the existence of universal obligations, but it suggests
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that the term solidarity is misplaced in the denotation of universal
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obligations or affiliations; or at least that the decision to understand
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solidarity as universal is accompanied by a systematic disadvantage to
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moral philosophy. In the remainder, I am interested in the possible
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normative role of this account of solidarity within bioethics and health
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justice. The previous argument does not, by itself, show that the term
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solidarity is misplaced in the formulation of moral demands for
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universal health care. In order to substantiate this thesis, more needs
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to be said about the vindication of health-related claims and
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obligations. My terminological suggestion presupposes that public health
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care is not - or at least not primarily - a matter of communal or
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partisan obligation, even though the prevalent vocabulary of health care
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entails some conceptual vicinity to notions like solidarity.
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The extent to which the moral demand to universal health care can be
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argued to be based on solidarity depends on the general nature of the
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|
normative foundation of the provision of public health care. According
|
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|
to the broad WHO definition, universal health care or coverage exists
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|
when `all individuals and communities receive the health services they
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|
|
need without suffering financial hardship''. Beyond safeguarding access
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|
to health services, which can be realized through different types of
|
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|
|
government interventions from providing health services to structuring
|
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|
public and private insurance schemes, universal health coverage also
|
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|
extends to public health measures addressing disease prevention or
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health equality. In the first instance, universality is defined in
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|
relation to existing societies, requiring all members, citizens, or
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|
|
residents to be adequately protected against the contingency of disease
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|
and infirmity. Solidarity is often invoked in this context because it is
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|
considered to be closely connected to core mechanisms of health
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|
protection, such as the mutual assistance and the socialization of the
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|
costs of health protection and health services. Depending on the extent
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|
|
of commodification, i.e. on the absence of government intervention
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|
|
regarding premiums, redistribution, coverage, compulsory membership,
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|
|
etc., some health care regimes rely on conventional insurance models,
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|
while others operate through different forms of government intervention.
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|
The fundamental distinction to be made concerns different ideas of the
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|
socialization of health-related burdens and risks. Many forms of
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protection against disability, fire, theft, debt default, etc. are
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covered through insurance policies that are privately offered on
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|
markets. In these schemes, individuals pay risk-equivalent premiums to a
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|
common fund in order to pool resources that are distributed to
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|
individuals suffering the harm covered by the respective scheme of
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|
collective protection. The principle underlying these forms of insurance
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- an idea that increasingly governs systems of private health insurance
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|
as well - does not rest on a moral notion of solidarity at all, as the
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|
rationale for participation is fully reducible to a non-moral motivation
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|
of self-interest. In fact, one of the major criticisms of the
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privatization of health insurance is directed at the loss of solidarity
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|
|
involved in individualization and the crowding out of poor-risk
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|
patients. In contrast to the market model of health insurance, most
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forms of state-regulated or state-run health care are not organized in
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the form of a collection of risk-equivalent premiums but entail some
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|
redistributive measures, such as the provision or support of social
|
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|
|
health insurance or tax-based financing of health services. Public
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|
|
health systems deliberately ignore factors like age, gender, social
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|
|
status, or pre-existing health conditions that have an impact on the
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|
|
estimated costs of health services to be covered in the case of
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|
|
maternity, illness, or injury. This renunciation to select, isolate, and
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|
|
exclude poor risks may be considered an institutionalization of a
|
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|
genuinely moral form of solidarity. This moral notion of solidarity as a
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|
|
measure to socialize risk and burdens is ubiquitous in the development
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|
|
of the welfare state. Thus, references to solidarity in the context of
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|
|
health provision may be considered rudiments of the normative frameworks
|
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|
|
of initial efforts to establish social health care that were conceived
|
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|
|
to replace vanishing traditional forms of social protection.
|
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|
Toward the establishment of universal public health care, local
|
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|
|
protective institutions like the family, tribe, or village are gradually
|
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|
|
supplemented or replaced by initially delineated communities of a
|
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|
|
company''s workforce, the members of a cooperative, a union, craft, or
|
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|
|
class. The history of the development of public health care is permeated
|
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|
|
with references to solidarity as an ideal of moral inclusion. Thus, the
|
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|
|
historic achievement of the modern welfare state could be seen in its
|
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|
|
incorporation of numerous local solidarities into a single
|
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|
all-encompassing system of solidarity as it may be found in programs of
|
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|
|
social health insurance and tax-based health systems. If original forms
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|
|
of social protection are describable as forms of solidarity, then the
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|
|
public provision in systems of universal health care may be argued to be
|
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|
|
an extension of the initially limited forms of group solidarity toward a
|
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|
|
universal solidarity within society as a whole. One could argue that the
|
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|
|
development of a separation of privately organized insurance schemes
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|
|
from a universal system of health care runs contrary to the modern
|
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|
|
process of expanding health insurance and solidarity instead of
|
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|
|
fragmenting or restricting it. Thus conceived, solidarity would be an
|
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|
|
adequate normative reference condemning trends toward atomization and
|
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|
|
self-reliance, and away from the collectivization of health risks.
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|
Despite the initial plausibility of this description, the previous
|
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|
|
distinctions suggest that the relations of solidarity within initially
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|
|
separate schemes of insurance and social protection undergo a
|
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|
|
substantial transformation by being universalized, thus possibly calling
|
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|
|
for a description in a different moral vocabulary. The normative
|
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|
|
innovation that is entailed in the shift from communal toward universal
|
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|
|
inclusion in health care provision is decisive to the present argument
|
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|
|
regarding moral terminology. It suggests that universal health care is
|
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|
|
better justified in a different vocabulary than that of solidarity.
|
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|
|
There is a fundamental argument that casts conceptual doubt on the idea
|
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|
|
of understanding solidarity as a foundation of universal health
|
|
|
|
coverage. Even though many factual instances of health care provision
|
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|
|
may be described as based on solidarity, there is a decisive difference
|
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|
|
to the moral foundation of universal health care. In order to conform
|
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|
|
with the previous understanding, the reference to solidarity in
|
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|
|
arguments supporting universal health care would require a commonality
|
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|
|
that serves as the solidum substantiating health-related obligations of
|
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|
|
solidarity. However, the principle of universal inclusion appears to
|
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|
|
contradict the supposition of a solidum that would substantiate a
|
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|
|
distinction between members and non-members. One evident candidate for
|
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|
|
such a commonality would be the human vulnerability to disease,
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|
|
infirmity, or injury. In this line of argument, health claims could be
|
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|
|
considered to be based on a shared vulnerability that transcends
|
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|
|
individual claims of justice stemming from general attributes. However,
|
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|
|
the attempt to base health-related moral claims on a commonality of
|
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|
|
human vulnerability that unites all human individuals is not convincing.
|
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|
|
Rather than some form of a commonality, the universal presence of a
|
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|
|
morally relevant feature appears to do the normative work here. It is
|
|
|
|
hard to comprehend how the universal vulnerability to disease and
|
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|
|
infirmity would serve as an identificatory point of reference to
|
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|
|
substantiate moral obligations toward others beyond their significance
|
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|
|
as moral subjects.
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|
|
In contrast to the universal fragility, the commonality of the specific
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|
|
situation of persons with AIDS or cancer can be conceived as such a
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|
|
point of reference, which is reflected in the membership of patient
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|
|
associations. Another problem of accounts of health-related universal
|
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|
|
solidarity is that they seem unable to show what this basal
|
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|
|
identification would add to our idea of moral obligation. If all humans
|
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|
|
share this vulnerability to disease and infirmity, then all that they
|
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|
|
could be said to owe to one another as vulnerable subjects is already
|
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|
|
encompassed in their obligations toward one another as human beings. The
|
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|
|
alternative to understanding moral demands on health care as stemming
|
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|
|
from some morally significant commonality is to devise them as
|
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|
|
universally dispersed entitlements of justice. In this understanding,
|
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|
|
claims to health do not go beyond the basic forms of moral obligation,
|
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|
|
and thus require no special obligation. They are neither supererogatory
|
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|
|
nor are they based in some special form of communality. This idea is
|
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|
|
reflected as a right to health, which - even though more has to be said
|
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|
|
about its peculiar object - is widely regarded as a fundamental human
|
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|
|
right. While the borders of nation-states inevitably set a frame for the
|
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|
|
political implementation of moral demands to health, the justification
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|
|
of these demands does not depend on the reference to this contingent
|
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|
|
frame. The reference to a `human right'' to health suggests that moral
|
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|
|
claims to health are not morally based in membership, or citizenship,
|
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|
|
but in the status of moral persons. There are two conceptual advantages
|
|
|
|
to conceiving of claims to health in terms of justice, rather than
|
|
|
|
solidarity. First, based on the distinction between communal and
|
|
|
|
universal forms of obligation, solidarity remains available as a
|
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|
|
powerful reference to a specific form of communal obligation that
|
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|
|
obliges members of specific groups like unions, civil rights movements,
|
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|
|
political associations, cultural collectives, etc. toward each other
|
|
|
|
beyond neutral morality. Second, the moral significance of
|
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|
|
health-related claims is reflected in the fact that they are not
|
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|
|
inferred from a commonality complementing the fundamental demands of
|
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|
|
morality, but they are situated at the center of social morality.
|
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|
|
Condemning the absence of sufficient health services by bemoaning a lack
|
|
|
|
of solidarity may not be misconceived entirely, but it does not address
|
|
|
|
the gravity of the moral offense entailed in violating or neglecting
|
|
|
|
demands of justice. The rights-based argument for universal health care
|
|
|
|
can be approached in different ways. It can be interpreted as stemming
|
|
|
|
from a right to a specific health status, as a right to a range of
|
|
|
|
health care services, or as the right to the opportunity to participate
|
|
|
|
in an adequate system of health protection. While these distinctions are
|
|
|
|
of importance when it comes to evaluating health systems, the point in
|
|
|
|
the context of the present analysis is that there is a vindication of
|
|
|
|
moral claims to the provision of health care that is independent of
|
|
|
|
considerations of solidarity, because these claims are independent of a
|
|
|
|
normatively relevant solidum. In theories of justice, health is widely
|
|
|
|
understood as a universally valued good that is worthy of protection,
|
|
|
|
and whose importance generates strong obligations for society,
|
|
|
|
obligations to corresponding rights. However, the reference to a right
|
|
|
|
to health, if understood as a right to be healthy, arguably contains a
|
|
|
|
mistake about the possible objects of moral entitlements.
|
|
|
|
The crucial issue is that the adequate object corresponding to a right
|
|
|
|
cannot be a status, but it must be an action, or a set of rules or an
|
|
|
|
institution. While societies do have an impact on population health
|
|
|
|
through measures of environmental awareness, workplace safety,
|
|
|
|
education, etc., health is something that cannot be unconditionally owed
|
|
|
|
to a person. The right to a certain health status at any rate poses an
|
|
|
|
unreasonable, or even an unrealizable demand. This problem leads to the
|
|
|
|
assumption that there is no right to health, but only to health-related
|
|
|
|
resources and services like vaccines and vaccinations, X-rays,
|
|
|
|
counseling, appendectomies, etc. Accordingly, legal interpretations of
|
|
|
|
the right to health acknowledge that it `must be understood as a right
|
|
|
|
to the enjoyment of a variety of facilities, goods, services, and
|
|
|
|
conditions necessary for the realization of the highest attainable
|
|
|
|
standard of health''. This further criterion regarding the range of
|
|
|
|
health services by reference to their adequacy to achieve the `highest
|
|
|
|
attainable standard'' of health is particularly instructive, because it
|
|
|
|
shows that the mere reference to a right to health care is incomplete.
|
|
|
|
The modified reference to a health status that is not absolute but
|
|
|
|
relative to specific personal and social conditions serves the purpose
|
|
|
|
of delineating a reasonable, but possibly comprehensive, standard of
|
|
|
|
what can be reasonably required in the promotion of health. The reason
|
|
|
|
not to understand the right to health by reference to a fixed catalogue
|
|
|
|
of health services is that the legitimate requirements on health systems
|
|
|
|
depend on the available resources. The right to health as a right to the
|
|
|
|
highest attainable standard of health can thus be understood as a right
|
|
|
|
to the opportunity to achieve a standard of health that is realizable
|
|
|
|
under the prevailing social circumstances. The point that is crucial to
|
|
|
|
the present inquiry is that these justifications of the provision of
|
|
|
|
public health care may - or even should - forgo references to a form of
|
|
|
|
solidarity that is based on significant commonalities. Basic health care
|
|
|
|
can be argued to be a demand of justice, and should not be translated to
|
|
|
|
a demand of solidarity, as this shift of terminology has moral
|
|
|
|
implications. There is a justified demand for universal health care that
|
|
|
|
does not appeal to our specific commonality as beings that are
|
|
|
|
vulnerable to disease and injury or to our membership in specific
|
|
|
|
communities, but that is simply based on the fundamental intrinsic and
|
|
|
|
instrumental importance of health. As the main topic of the present
|
|
|
|
inquiry is moral terminology, my primary aim is not to substantiate the
|
|
|
|
material commitments regarding health-related moral claims that have
|
|
|
|
been incurred along the way but to specify the role of solidarity in the
|
|
|
|
justification of public health care. An admittedly surprising result is
|
|
|
|
that the foundation of moral claims to health via health rights may be
|
|
|
|
subsumed under the Habermasian conception of solidarity. However, my
|
|
|
|
disagreement with Habermas does not concern his substantiation of
|
|
|
|
universal claims to positive measures of assistance but the choice of
|
|
|
|
terminology relative to the functions of moral theory. Thus, my concern
|
|
|
|
regarding the universalization of the term solidarity, and its
|
|
|
|
subsequent suitability to communal obligations, remains.
|
|
|
|
The problem of the universal notion of solidarity in this context
|
|
|
|
consists of the dilemma of either providing an insufficient
|
|
|
|
substantiation of fundamental health-related moral claims or of diluting
|
|
|
|
a notion of communal relatedness that is relevant in other situations.
|
|
|
|
Two more points should be made in order to better grasp the potential
|
|
|
|
role of references to a moral notion of solidarity. The previous
|
|
|
|
characterization of solidarity indicates that philosophical conceptions
|
|
|
|
of solidarity remain relative in at least three regards. First, the
|
|
|
|
field of obligations associated with solidarity depends on normative
|
|
|
|
background assumptions incurred in philosophical accounts of morality.
|
|
|
|
Relations of partial solidarity do not necessarily replace or outweigh
|
|
|
|
universal forms of moral obligation. They constitute merely one
|
|
|
|
dimension in a complex fabric of interpersonal moral relations. If
|
|
|
|
solidarity is conceived of as a type of a special duty, i.e. as a form
|
|
|
|
of obligation that exceeds the demands of neutral morality, then the
|
|
|
|
potential range of obligations of solidarity depends upon what is
|
|
|
|
included in the sphere of general moral obligation, and what is not.
|
|
|
|
This points to a second relativity of solidarity as a moral notion. As
|
|
|
|
indicated before, the moral force of obligations of solidarity depends
|
|
|
|
on the moral legitimacy of the commonalities generating solidarity
|
|
|
|
relations. On the one hand, moral obligations stemming from solidarity
|
|
|
|
can be overridden by demands of justice, but, on the other hand, they
|
|
|
|
also have to meet an internal criterion of moral adequacy. The partisan
|
|
|
|
conception of solidarity does not imply that any form of commonality can
|
|
|
|
be invoked to establish a special obligation toward the members of a
|
|
|
|
group. From a sociological perspective, the cohesion within the mafia or
|
|
|
|
among White supremacists may be described as solidarity, but in virtue
|
|
|
|
of the repulsiveness of their ideological foundation, these relations do
|
|
|
|
not have to be accounted for as morally binding because the immoral
|
|
|
|
content of a common conviction can operate as a defeating reason to the
|
|
|
|
moral validity of its role as an identificatory commonality. In this
|
|
|
|
sense, solidarity is normatively dependent without being reducible to
|
|
|
|
neutral morality. Finally, the importance of relations of solidarity is
|
|
|
|
dependent on the social environment in which they arise. This may, in
|
|
|
|
part, explain the current social reversion to the vocabulary of
|
|
|
|
solidarity. Within just societies, solidarity provides a reference point
|
|
|
|
in the self-location of individuals within identificatory communities.
|
|
|
|
This function is important to the generation and embedding of individual
|
|
|
|
personalities. However, under non-ideal circumstances, solidarity may
|
|
|
|
assume a core function in the enforcement of basic moral claims, and in
|
|
|
|
the compensation of the shortfalls of social institutions. Two reasons
|
|
|
|
appear to be pressing for conceptual clarity when making reference to
|
|
|
|
solidarity. First, there is a danger of underrating the moral weight of
|
|
|
|
claims to health care. In the understanding defended above, solidarity
|
|
|
|
is imprinted with the idea that its obligations are special insofar as
|
|
|
|
they go beyond what persons owe one another as moral subjects.
|
|
|
|
Overstretching this notion opens the possibility of understanding the
|
|
|
|
inadequate provision of health care as something that is regrettable,
|
|
|
|
but that is outside the domain of justice. Solidarity marks those
|
|
|
|
obligations that stem from their relatedness as members of morally
|
|
|
|
significant communities.
|
|
|
|
The obligation to provide a social system of protection against the
|
|
|
|
harms caused by disease and injury extends to persons irrespective of
|
|
|
|
their class, heritage, or belonging. Meeting this basic demand does not
|
|
|
|
mark the solidarity of a society, but its decency. It is not something
|
|
|
|
that must be justified by reference to an additional condition like a
|
|
|
|
morally significant commonality. Second, relations of solidarity provide
|
|
|
|
extremely important normative and motivational resources of social
|
|
|
|
engagement. The preceding argument does not imply that solidarity is
|
|
|
|
dispensable when it comes to analyzing and posing moral demands and
|
|
|
|
corresponding obligations that are related to health. Beyond this,
|
|
|
|
solidarity as a social relation and the obligations that it generates
|
|
|
|
can be argued to be particularly relevant in times of crisis. Solidarity
|
|
|
|
is less likely to be invoked in societies that manage to avoid the
|
|
|
|
emergence of grave inequalities, discrimination, or injustice, than in
|
|
|
|
societies that are unwilling or unable to provide adequate frameworks
|
|
|
|
for just cooperation. The normative and motivational force of the ties
|
|
|
|
invoked by solidarity is particularly relevant when basic moral demands
|
|
|
|
are not met, and all non-ideal societies are in need of these kinds of
|
|
|
|
solidarities. When Greece was hit by economic crisis and austerity, food
|
|
|
|
solidarity centers, social kitchens, and solidarity clinics emerged
|
|
|
|
throughout the country to countervail the gaps left after the retreat of
|
|
|
|
government from the provision of welfare. In this manner, local
|
|
|
|
solidarities may prove crucial in mitigation the effects of social
|
|
|
|
regression. Similarly, the civil society in the United States may be
|
|
|
|
forced revert to these mechanisms of social protection when those with
|
|
|
|
no or low income and those vulnerable to disease and infirmity - i.e.
|
|
|
|
the poor and the poor-risks - are effectively deprived of access to
|
|
|
|
health care through market expansion and government retreat. The call
|
|
|
|
for the emergence of solidarity in these contexts, however, should be
|
|
|
|
strictly distinguished from the indignation about the absence of
|
|
|
|
justice. It is in these contexts that a precise notion of solidarity is
|
|
|
|
required so that it can unfold its full normative potential and the
|
|
|
|
motivational force of union''s inspiration. The main concern of the
|
|
|
|
previous argument is that a notion of universal solidarity is employed
|
|
|
|
at the cost of the ability to give expression to a different moral idea
|
|
|
|
of a wide but nonetheless thick communality. Ralph Chaplin considered
|
|
|
|
solidarity to be able to summon a power greater than hoarded gold and
|
|
|
|
greater than the might of armies, and it seems like the power of
|
|
|
|
establishing this form of communality is one of the reasons for the
|
|
|
|
ubiquity of references to solidarity. The actual relations of solidarity
|
|
|
|
may not vanish due to a lack of vocabulary to refer to them, but their
|
|
|
|
potential to generate moral action may decrease as a result of our
|
|
|
|
inability to discern them. The author declares no conflict of interest.
|
|
|
|
See e.g. Stjerno, S. (2005). Solidarity in Europe. The history of an
|
|
|
|
idea. Cambridge, UK: Cambridge University Press. A topography of the
|
|
|
|
term is offered in Bayertz, K. (1999). Four uses of ``solidarity{''''}. In
|
|
|
|
K. Bayertz (Ed.), Solidarity (pp. 3-28). Dordrecht, The Netherlands:
|
|
|
|
Kluwer Academic.See e.g. ter Meulen, R., Arts, W., \& Muffels, R.
|
|
|
|
(Eds.). (2001). Solidarity in health and social care in Europe.
|
|
|
|
Dordrecht, The Netherlands: Kluwer Academic.
|
|
|
|
The famous first lines run as follows: `When the union''s inspiration
|
|
|
|
through the workers'' blood shall run, there can be no power greater
|
|
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anywhere beneath the sun. Yet what force on earth is weaker than the
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feeble strength of one, for the union makes us strong''. Chaplin, of
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course, does not just refer to a principle of unity or union, but to the
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union as a form of political organization. However, union - qua relation
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of unity - is a defining principle of the type of organizations - like
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trade unions or cooperatives - that Chaplin praises.A similar argument
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can be found in Butler, S. (2012). A dialectic of cooperation and
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competition: Solidarity and universal health care provision. Bioethics,
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26, 351-360. Butler understands solidarity as one of the four tiers of
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social competition and cooperation. His conclusion is that `whatever
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justifications might exist for universal health care provision, none of
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them are properly referred to as being based in solidarity'' (ibid: p.
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351). Another defense of a partisan conception of solidarity is advanced
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in Heyd, D. (2015). Solidarity:A local, partial and reflective emotion.
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Diametros, 43, 55-64.For the distinction between prescriptive and
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descriptive notions of solidarity in bioethics, see Prainsack, B., \&
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Buyx, A. (2012). Solidarity in contemporary bioethics - Towards a new
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approach. Bioethics, 26, 343-350. See also Kolers, A. (2016). A moral
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theory of solidarity. Oxford, UK: Oxford University Press, p. 28.This
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implies that solidarity''s role in moral philosophy amounts to more than
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that of a `shaping sensibility''. See Jennings, B., \& Dawson, A. (2015).
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Solidarity in the moral imagination of bioethics. Hastings Center
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Report, 45, 31-38.On this dilemma, see Prainsack \& Buyx, op. cit. note
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5, p. 344.This does not only mean that solidarity must be
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distinguishable from other norms, but it also excludes accounts of
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solidarity that consider it a mere instrument in the pursuit of
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superordinate objects like justice or non-discrimination. While some
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forms of solidarity may be embedded in struggles for justice, this does
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not warrant the strong claim that `justice implicates solidarity'', as
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suggested in Jennings \& Dawson, op. cit. note 6, p. 38. If solidarity
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was merely instrumental to justice, there would be nothing wrong with
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breaches of solidarity, as long as they promote - or are intended to
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promote - overall justice.For a discussion of Wiggins, see Nagel, T.
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(2010). Wiggins on human solidarity. In T. Nagel (Ed.), Secular
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philosophy and the religious temperament: Essays 2002-2008 (pp.
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147-152). New York, NY: Oxford University Press. See also Derpmann, S.
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(2014). Solidarity, moral recognition, and communality. In A. Laitinen
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\& A. Pessi (Eds.), Solidarity: Theory and practice (pp. 105-125).
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Lanham, MD: Lexington Books.Wiggins, D. (2009). Solidarity and the root
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of the ethical. Tijdschrift voor Filosofie, 71, 239-269.Habermas, J.
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(1990). Justice and solidarity: On the discussion concerning stage 6. In
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T. E. Wren (Ed.), The moral domain (pp. 224-251). Cambridge, MA: MIT
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Press, p. 244. A critical reflection of the universality entailed in
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Habermas'' account can be found in Wildt, A. (1999). Solidarity: Its
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history and contemporary definition. In K. Bayertz (Ed.), Solidarity
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(pp. 209-220). Dordrecht, The Netherlands: Kluwer Academic, p.
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216.Regarding the extension of solidarity in Habermas'' conception, see
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Rehg, W. (1994). Insight and solidarity.
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A study in the discourse ethics of Jurgen Habermas. Berkeley, CA:
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University of California Press, pp. 107-111. Rehg does not reject this
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account, but he criticizes that Habermas does not sufficiently
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distinguish moral solidarity from more concrete lifeworld solidarities.
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Beyond this, I argue that the admission of a notion of moral, i.e.
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universal solidarity undermines the crucial structure of `lifeworld
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solidarities'' as essentially partial.Wildt, op. cit. note 11, p.
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218.Both Axel Honneth and Rainer Forst observe that the point of
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solidarity is lost in Habermas''s conception due to the absence of an
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element of `particularism''. See Honneth, A. (2007). Disrespect. The
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normative foundations of critical theory (pp. 99-128). Cambridge, UK:
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Polity Press and Forst, R. (2002). Contexts of justice. Political
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philosophy beyond liberalism and communitarianism (p. 304, note 21).
|
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Berkeley, CA: University of California Press.Richard Rorty places this
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morally significant `we'' at the heart of his conception of solidarity:
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`The force of ``us{''''} is typically contrastive in the sense that it
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contrasts with a ``they{''''}, which is also made up of human beings''. See
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Rorty, R. (1989). Contingency, irony, and solidarity. New York, NY:
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Cambridge University Press. A distinction of different meanings of this
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`we'' can be found in Dean, J. (1995). Reflective solidarity.
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Constellations, 2, 114-140, 124 ff.This is why Heyd rejects ter Meulen''s
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notion of a `humanitarian solidarity'' based `on identification with the
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values of humanity and responsibility for the other''. See Heyd, op. cit.
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note 4, p. 57.For the limits to universal solidarity and the relation
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between local, national, and cosmopolitan solidarities, see Derpmann, S.
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(2009). Solidarity and cosmopolitanism. Ethical Theory and Moral
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Practice, 12, 303-315.Ronald Dworkin defines these obligations as `{[}
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horizontal ellipsis ] the special responsibilities social practice
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attaches to membership in some biological or social group, like the
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responsibilities of family or friends or neighbors''. See Dworkin, R.
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(1986). Law''s empire. Cambridge, MA: Harvard University Press, p. 196. A
|
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similar terminology is given by Scheffler, S. (2001). Boundaries and
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allegiances: Problems of justice and responsibility in liberal thought.
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New York, NY: Oxford University Press, pp. 48-49.See Heyd, op. cit. note
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4, p. 59. In a similar manner, Jodi Dean defends a `reflective''
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understanding of solidarity. See Dean, op. cit. note 15. Avery Kolers
|
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highlights this aspect as well, as he understands solidarity - as
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distinguished from loyalty - to be primarily based on a reason, not on a
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prior connection to a group. See Kolers, op. cit. note 5, p. 44
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ff.Problematic examples may be those where the common commitment itself
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is exclusionary. While anyone may join the cause of suffragettes and
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suffragists, tax resisters, guerrilla gardeners, or dadaists, specific
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groups are excluded in the very content of the ideologies that unite
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White supremacists, sexists, etc.WHO. (2016). Fact sheet: Universal
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health coverage (UHC). Retrieved from
|
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http://www.who.int/mediacentre/factsheets/fs395/en/. Accessed on March
|
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6, 2018.See e.g. Borner, S. (2013). Belonging, solidarity and expansion
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in social policy. Basingstoke, Hampshire, UK: Palgrave Macmillan, p. 35
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ff. and Weale, A. (1990). Equality, social solidarity, and the welfare
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state. Ethics, 100, 473-488.
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In many cases, this form of insurance solidarity, however, is far from
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being universal. If individuals are granted the opportunity to opt out
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of insurance schemes that host high-cost risks, thereby reducing their
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own fees as well as the socially available funds for redistribution,
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there is no solidarity in a comprehensive sense but rather solidarity
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within coexisting social groups.For a systematic account of solidarity
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with regard to its relation to health care, see Jaeggi, R. (2011).
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Solidarity and indifference. In R. ter Meulen, W. Arts, \& R. Muffels
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|
(Eds.), Solidarity in health and social care in Europe (pp. 287-308).
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Dordrecht, The Netherlands: Kluwer Academic.There is a general problem
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concerning the term `universal'' in this context, as the universalism of
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moral theory is contradicted by the localism of its implementation in
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national health systems. Even though quite a number of moral demands are
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spelled out in universal terms, the moral claim to health is primarily
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implemented through the rights of citizens or residents of nation
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states. Thus, one could object that all existing health systems are
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partial toward the members of specific societies, and that they may be
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regarded to be morally based in national solidarity. The recognition of
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a universal demand to health is not exhausted in the protection and
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promotion of health of citizens of a particular state but would require
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the consideration of any moral subject. I will widely bypass this
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fundamental complexity that affects all theories of political justice
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and focus on universal health-related moral claims within given
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societies. The following section reconstructs the normative foundation
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of health systems by reference to a universal right to health as it is
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formulated in UN conventions, while its implementation is de facto
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translated to the fragmented responsibilities of nation states.This
|
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argument is also made by Heyd, op. cit. note 4, pp. 62-63.For
|
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|
institutional formulations - and interpretations of this right, see
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|
Committee on Economic, Social and Cultural Rights. (2000). Substantive
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issues arising in the implementation of the international covenant on
|
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|
economic, social and cultural rights. General comment No. 14. ``The
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|
right to the highest attainable standard of health.{''''} Retrieved from
|
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|
http://www.refworld.org/docid/4538838d0.html. Accessed on March 6,
|
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|
2018.On this argument, see Hessler, K., \& Buchanan, A. (2002).
|
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Specifying the content of the human right to health care. In R. Rhodes,
|
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|
M. Battin, \& A. Silvers (Eds.), Medicine and social justice: Essays on
|
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|
the distribution of health (pp. 84-101). New York, NY: Oxford University
|
|
|
|
Press.See CESCR, op. cit. note 27, art. 12, sec 9.Daniels recognizes the
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|
need for this extension of his initial account. See Daniels, N. (2008).
|
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|
Just health. New York, NY: Cambridge University Press, pp. 2-3. On this
|
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|
topic, see also Wolff, J. (2012). The human right to health. New York,
|
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|
NY: W. W. Norton \& Company, pp. 13-34. INTRODUCTION: FORGING
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`SOLIDARITY'' SOLIDARITY AS A MORAL IDEA Solidarity as a relation sui
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generis Solidarity as a form of communal obligation THE MORALS OF HEALTH
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CARE Solidarity and universal health care Health and human rights
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SOLIDARITY AND HEALTH POLICY The relationality of solidarity The
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importance of telling solidarity and justice apart CONFLICT OF INTEREST
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Footnotes Solidarity is commonly invoked in the justification of public
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health care.
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This is understandable, as calls for and appeals to solidarity are
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effective in the mobilization of unison action and the willingness to
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incur sacrifices for others. However, the reference to solidarity as a
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moral notion requires caution, as there is no agreement on the meaning
|
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|
of solidarity. The article argues that the reference to solidarity as a
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|
normative notion is relevant to health-related moral claims, but that it
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|
does not provide a convincing foundation of claims to universal health
|
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|
|
care. References to universal solidarity obliterate an important
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|
distinction between those moral demands that are founded on principles
|
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|
|
like justice, recognition, or humanity, and those demands that stem from
|
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|
partisan relations in communities. While there is no `separate essence''
|
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|
|
of solidarity that could be referred to in order to argue for the
|
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|
|
conceptual necessity of solidarity''s partiality, some features may
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|
reasonably be stipulated as being essential to solidarity with a view to
|
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|
its systematic function within moral philosophy. The normative and
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|
|
motivational force of the ties invoked by solidarity is particularly
|
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relevant when basic moral demands are not met, and societies are in need
|
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of significant forms of communal relatedness.'
|
|
affiliation: 'Derpmann, S (Corresponding Author), Westfalische Wilhelms Univ, Philosoph
|
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Seminar, Dompl 23, D-48143 Munster, Germany.
|
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|
Derpmann, Simon, Univ Munster, Dept Philosophy, Munster, Germany.'
|
|
author: Derpmann, Simon
|
|
author-email: simon.derpmann@wwu.de
|
|
author_list:
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|
- family: Derpmann
|
|
given: Simon
|
|
da: '2023-09-28'
|
|
doi: 10.1111/bioe.12444
|
|
eissn: 1467-8519
|
|
files: []
|
|
issn: 0269-9702
|
|
journal: BIOETHICS
|
|
keywords: 'health care; justice; partiality; solidarity; universality; welfare
|
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|
state'
|
|
language: English
|
|
month: NOV
|
|
number: 9, SI
|
|
number-of-cited-references: '29'
|
|
orcid-numbers: Derpmann, Simon/0000-0002-5851-1298
|
|
pages: 569-576
|
|
papis_id: 9bddfadad70bb519bf38fac55fb46af3
|
|
ref: Derpmann2018unionsinspiration
|
|
researcherid-numbers: 'Baldissera, Annalisa/AHD-6334-2022
|
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|
|
Fazli, Ghazal/AAE-8320-2022
|
|
|
|
'
|
|
times-cited: '3'
|
|
title: 'Union''s inspiration: Universal health care and the essential partiality of
|
|
solidarity'
|
|
type: article
|
|
unique-id: WOS:000450332600005
|
|
usage-count-last-180-days: '28'
|
|
usage-count-since-2013: '333'
|
|
volume: '32'
|
|
web-of-science-categories: Ethics; Medical Ethics; Social Issues; Social Sciences,
|
|
Biomedical
|
|
year: '2018'
|