In this article, we articulate and defend a contextual approach to political theory. According to what we shall call ‘iterative contextualism’, context has two important roles to play in determining what is required by justice. First, it is through the exploration and evaluation of multiple contexts that general principles are devised, revised and refined. Second, significant weight should be given to the norms to be found in specific contexts because the people affected by those norms strongly identify with them. Having (...) said this, the application of general principles to particular contexts may still result in recommendations which deviate to some degree from the prevailing norms. In this case, we shall argue that although justice requires something other than what local norms say, what is required is likely to be intimated by the relevant context. Thus, whilst considerations of identification act as significant constraints on iterative contextualists’ thinking, the idea of intimations provides them with an important resource. (shrink)

In this article, I investigate how we may include investigations of actual context in the investigation of moral problems in philosophy. The article has three main parts. The focus of the first is a survey of the dominant view of how to incorporate context into moral philosophy and to exemplify this view, I investigate examples from influential introductions to moral philosophy, identifying what I call the assumption of abstraction. In the second part I present three traditions which attribute a more (...) prominent place to context in philosophical work and which therefore offer resources for thinking about context: moral contextualism, particularism and contextualism in political philosophy. Unconvinced that these resources are sufficient for an understanding of how actual context may be of importance in philosophy, I in the third part turn to a systematic investigation of three suggestions for how to incorporate actual context onto philosophy: the application approach, the bottom-up approach and the contextual approach. Furthermore, I argue that the third and most radical approach develops a superior understanding of how to include context in moral philosophy, reflecting the impossibility of making normatively neutral investigations of context in moral philosophy. (shrink)

In the wake of a steady flow of child migrants attempting to cross borders and states’ efforts to restrict immigration, various public controversies have arisen about the rights of asylum-seeking children. The ‘moral gap’ between the outcome of democratically enacted laws and the aim of controlling immigration, on the one hand, and public calls to protect the universal rights of asylum seeking children, on the other, have created a political challenge for Western democracies. This thesis sets out to examine two (...) particular settings in which norms about the rights of asylum-seeking children and immigration control have been established and contested over the years: the Swedish Migration Court of Appeal and Sweden’s largest morning paper, Dagens Nyheter. It combines empirically oriented analysis with theoretical enquiry, and it brings the issue of the rights of asylumseeking children into dialogue with the contemporary political-philosophical debate about membership, rights and borders. (shrink)

The ‘Other’ can be near to us, or far from us. We are in-relation with both. Given that, we explore whether, from a moral philosophical perspective, the ‘near-other’ is in tension with the ‘far-other’. We argue that we find our relationship with the near-other through a transcendent metaphysical empathy derived from the noumenon, which is manifest in the phenomenon as compassion and justice. We then argue that perceived differences in the phenomenon mean that we do not reliably transfer this empathy (...) for the near-other, to the far-other. Further, empathic and constructive dialogue is made more difficult because of our proclivity to actively engage in ‘othering’ those not-like-us. Properly, moral decision-making is positioned in a space cognizant of the other. Near-otherness makes consensus in the decision-making process easier, while far-otherness makes consensus more difficult. In our post-modern, multicultural and multifaith era, we need to be alert to the other’s perspective, to find a way to have a meaningful dialogue and thus achieve consensus in our moral decision-making. (shrink)

According to ‘global institutionalism,’ individuals who do not share a state have duties of justice to one another, and this is explained, in part, by the institutional connections that obtain between them. In this chapter, I defend this view against two challenges. First, I consider challenges raised by ‘non-institutionalists,’ who deny that facts about global institutional interaction bear on the nature of duties of justice that arise between particular individuals. Second, I address challenges posed by ‘domestic institutionalists,’ who accept the (...) claim that facts about institutional interaction bear upon the scope of justice but deny that the right sort of interaction necessary to ground duties of justice is found in the global domain. (shrink)

Distinguishing between reasonable partiality and reasonable impartiality makes a difference in resolving the serious clashes between 'priority for compatriots' versus cosmopolitan global duties. Defenders of a priority for compatriots have to acknowledge two strong moral constraints: states have to fulfil all their special, domestic and trans-domestic duties, and associative duties are limited by distributive constraints resulting from the moral duty to fight poverty and gross global inequalities. In the recent global context, I see four main problems for liberal-nationalist defenders of (...) priority for compatriots: Reasonable particularists often forget that associative duties for compatriots compete with many sub-national and trans-domestic associative duties. They tend to forget that associative national duties compete with other, strong special obligations regarding not only citizens and residents inside nation-states but also trans-domestic obligations across state borders. They do not properly discuss the problem of unallocated duties in addressing global poverty and insecurity. The design of supra-national and global 'mediating' institutions, and the crafting of policies to remedy the misallocation of duties and to coordinate the required state activities is an urgent task neglected by liberal nationalists. In the recent context, reasonable partiality's bias towards partiality is most unwelcome and morally dubious. Reasonable impartiality's bias towards cosmopolitanism helps to stimulate a drastic shift in obligations and stimulates productive trans-national institutional design. (shrink)

Distinguishing between reasonable partiality and reasonable impartiality makes a difference in resolving the serious clashes between priority for compatriots versus cosmopolitan global duties. Defenders of a priority for compatriots have to acknowledge two strong moral constraints: states have to fulfil all their special, domestic and trans-domestic duties, and associative duties are limited by distributive constraints resulting from the moral duty to fight poverty and gross global inequalities. In the recent global context, I see four main problems for liberal-nationalist defenders of (...) priority for compatriots: (i) Reasonable particularists often forget that associative duties for compatriots compete with many sub-national and trans-domestic associative duties. (ii) They tend to forget that associative national duties compete with other, strong special (contractual, reparative) obligations regarding not only citizens and residents inside nation-states but also trans-domestic obligations across state borders. (iii) They do not properly discuss the problem of unallocated duties in addressing global poverty and insecurity. (iv) The design of supra-national and global mediating institutions, and the crafting of policies to remedy the misallocation of duties and to coordinate the required state activities is an urgent task neglected by liberal nationalists. In the recent context, reasonable partialitys bias towards partiality is most unwelcome and morally dubious. Reasonable impartialitys bias towards cosmopolitanism helps to stimulate a drastic shift in obligations and stimulates productive trans-national institutional design. (shrink)