The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

The capability approach is gaining momentum as a theory of corporate responsibility and business ethics at a time when the UN Guiding Principles have become a most important framework. A novel approach is now emerging that seeks to understand and specify human rights obligations of businesses within the framework provided by the capability approach. This article partially examines the triad corporate responsibility–human rights–capability approach by exploring the relationship between human rights and capabilities. Thus, it offers conceptual and practical implications for (...) a human rights perspective on corporate responsibility. The bulk of our thesis focuses on studying Nussbaum’s and Sen’s claim that human rights are entitlements to capabilities by means of a discussion of the notion of human dignity. In particular, we show the capability approach’s ability to dissipate theoretical and practical challenges posed by the notion of dignity. This article does not offer a detailed explanation of the implications of our investigation for human rights responsibilities of business. However, an outline of its potential contribution toward unfolding those obligations, conceptually and practically, is provided. (shrink)

This paper scrutinizes the tension between individuals’ rights and paternalism. I will argue that no normative account that includes rights of individuals can justify hard paternalism since the infringement of a right can only be justified with the right or interest of another person, which is never the case in hard paternalism. Justifications of hard paternalistic actions generally include a deviation from the very idea of having rights. The paper first introduces Tom Beauchamp as the most famous contemporary hard paternalist (...) by outlining his moral theory (principlism) and showing why it, as it stands, has to allow for hard paternalism. Secondly, the paper focuses on the notion of rights within principlism. I will employ traditional theories of rights to make sense of rights in principlism. Unfortunately, this attempt fails. In the third part, then, I claim that rights can only be limited with reference to the rights or interests of others. This structure is the very point of rights, it is their bite. I will argue for this claim and show its implications. The most important implication is that not only principlism, but every normative theory that includes rights of individuals, has to abolish hard paternalism. (shrink)