This paper raises two objections to the freedom of movement argument from the perspective of nonideal philosophy: the argument cannot provide a means for establishing admissions priorities when all prospective immigrants cannot be admitted and it ignores alternative grounds for moral claims to admission in the context of histories of injustice. I develop an alternative admissions-guiding principle that assigns strong moral claims to admission to certain prospective immigrants based on a global extension of the no-harm principle. It claims that a (...) society must admit prospective immigrants if admission is necessary either to prevent that society from harming those immigrants or to compensate immigrants whom it has already harmed. States must fulfill these duties before they may legitimately use immigrant admissions policy in service of other national goals, including the advancement of economic interests. (shrink)

Was heißt es, sich in unserer globalisierten Welt als eine vollverantwortliche Person zu verstehen und zu verhalten? Einerseits scheint es richtig, dass wir global verantwortlich sind, d.h. dass wir auch gegen entferntes Leid etwas tun sollten; andererseits aber ist wegen vielfacher Überforderungsproblemen unklar ist, wie man diese Verantwortung tatsächlich übernehmen können soll – was wiederum dagegen spricht, dass wir diese Verantwortung berechtigtermaßen zuschreiben können. Um einen Aspekt dieses großen Themas zu behandeln, konzentriere ich mich in diesem Aufsatz auf den Anwendungsbereich (...) von extremer Armut und argumentiere in folgenden Schritten. Zuerst spitze ich das Thema zu auf ein Problem, das Samuel Scheffler in diesem Zusammenhang konstatiert hat, nämlich einen Widerstreit zwischen dem, was Verantwortung unter den Bedingungen der Globalisierung bedeutet und dem, wie wir uns grundsätzlich als Handelnde zu verstehen gewohnt sind. Dann zeige ich erstens, dass dem Thema einer epistemischen Überforderung dabei entscheidendes Gewicht zugesprochen wird, zweitens jedoch, dass sich, genauer besehen, dieses Problem gar nicht in dieser Art stellt. Dafür schlage ich eine Analyse des Verantwortungsbegriffs vor, die es ermöglicht, Kriterien zu identifizieren, anhand derer gewisse Grenzen gezogen werden können, so dass die Zuschreibung der Verantwortung gerechtfertigt werden kann. (shrink)

: When suggesting that we—the affluent in the developed world—are legitimate targets of defensive force due to our contribution to global poverty one is likely to be countered by one of two strategies. The first denies that we contribute to global poverty. The second seems to affirm that we contribute, and even that we have stringent contribution-based duties to address this poverty, but denies that such contribution makes forcible resistance permissible. Those in this second group employ several argumentative strategies. In (...) this paper I investigate these strategies for denying the force-related implication of contribution to poverty. I do not argue for political violence or for the permissibility of targeting the affluent, I merely investigate a conditional: if contribution to global poverty generates stringent duties to address it, then this contribution implies permission on the part of the victims to defend themselves with force, or for third parties to use force on their behalf. (shrink)

A range of developing countries and international advocacy organizations have argued that wealthy countries, as a result of their greater historical contribution to human-induced climate change, owe a ?climate debt? to poor countries. Critics of this argument have claimed that it is incoherent or morally objectionable. In this essay we clarify the concept of climate debt and assess its value for conceptualizing responsibilities associated with global climate change and for guiding international climate negotiations. We conclude that the idea of a (...) climate debt can be coherently formulated, and that while some understandings of the idea of climate debt could lead to morally objectionable conclusions, other accounts would not. However, we argue that climate debt nevertheless provides an unhelpful frame for advancing global justice through international climate negotiations ? the only existing means of resolving political conflict over the collective action problems posed by human-induced climate change ? due to its retrospective and potentially adversarial emphasis, and to problems of measurement. (shrink)

It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...) citizen an equal share of the costs. Proportional distribution is compatible with the principle of fairness. And yet, both in the literature and in political praxis we find many supporters for the equal sharing of the costs of unjust policies in democracies. How can equal distribution be defended on normative grounds? This article develops a defense that is grounded in citizens’ associative obligations. I argue that, at least in some democracies, one of the intrinsic values of the civic bond revolves around the joint formation and execution of worthy political goals. This social good generates the political associative obligation to accept an equal distribution of the costs of unjust policies. (shrink)

Abstract: In this brief article, I claim that the Contribution Principle invoked by Christian Barry as a key principle for determining who owes what to the global destitute is mistaken as a definitive principle and unjustified as a provisional principle for dealing with global poverty. This principle assumes that merely causing, or contributing to the cause of, a state of affairs may be sufficient to have a special responsibility to bear the costs that this state of affairs entails. I argue (...) that an agent will only have such a special responsibility if he or she has caused a state of affairs (for example, acute destitution) by violating a duty not to do so. Therefore, the Contribution Principle is mistaken. Finally, I tackle two possible responses to my argument. The first claims that states have a duty not to undertake actions that may cause, or contribute to the cause of, acute deprivations. The second claims that although the Contribution Principle may be mistaken as a definitive principle for dealing with global destitution, it is nonetheless correct as a provisional principle. (shrink)

This article considers two prominent, competing approaches to defining the scope of business responsibility for human rights. The first approach advocates extension of business responsibility beyond the boundaries of the enterprise to encompass broader ' spheres of influence'. The second approach advocates a business ' responsibility to respect* human rights (but not a ' positive* duty to protect, promote or fulfil rights).Building on a critical evaluation of these competing accounts of business responsibility, this article outlines a modified account, referred to (...) as a framework of ' spheres of responsibility*. On such an account, business responsibility for human rights outcomes is conceptualised not only in relation to direct ' harms' imposed by business, but also in relation to corporate influence over broader relationships and institutions that shape and constrain the substantive realisation of human rights. (shrink)

This paper offers an analysis of how normative theories on global poverty make assumptions regarding the geography of global poverty and global power constellations. I follow some recent global developments relevant to these assumptions, and ask whether normative theorizing should react to these developments. I argue that while accounts of global justice are not explicitly committed to any particular empirical ideas, the global justice discourse reflects the specific socioeconomic and geopolitical context in which it emerged, and that this context is (...) currently giving way to a somewhat different reality. I suggest some preliminary starting points for a normative theory which would reflect the contemporary conditions more accurately. These starting points include shifting the focus of theorizing from relations between rich and poor countries to inequalities on various levels, and the notion of a complex institutional site of global justice. (shrink)

Department of Philosophy and Center for Health Policy, Research and Ethics, George Mason University, 4400 University Avenue, MS 2D7, Fairfax, VA 22030, USA. Tel.: +1 703 993 1724; Fax: +1 5703 993 1555; Email: leckenwi{at}gmu.edu ' + u + '@' + d + ' '//--> . Abstract Here I consider the migration of health workers and propose a conception of transnational justice that can best address the concerns it raises, including the perpetuation of global health inequities. My focus will be (...) on nurses and direct care workers (DCWs), also called paraprofessionals—the vast majority of whom are women—coming from the global South to the United States. In the first part of the paper I will identify the factors behind this flow of what I will hereafter call ‘care workers’. From there, I will describe a conception of transnational justice that seems especially promising and explore selected policy options. Finally, I will conclude by offering specific prescriptions for action on the part of a wide range of agents, including institutions as well as individuals. CiteULike Connotea Del.icio.us What's this? (shrink)

Libertarianism and the shareholder model of corporate responsibility have long been thought of as natural bedfellows. In a recent contribution to the Journal of Business Ethics, Brian Schaefer goes so far as to suggest that a proponent of shareholder theory cannot coherendy and consistently embrace any moral position other than philosophical libertarianism. The view that managers have a fiduciary obligation to advance the interests of shareholders exclusively is depicted as fundamentally incompatible with the acknowledgement of natural positive duties – duties (...) to aid others that have not been acquired by some prior commitment or transaction. I argue that Schaefer is mistaken. Positive duties are incompatible with the shareholder model only if we must contribute to their fulfilment in the corporate context; only if we have some reason to think that it is not possible or not permissible to discharge these obligations entirely in our private lives or through our various other roles and capacities. But we have no good reason to accept this. I argue that individuals are presumptively free to decide how and when to discharge their positive duties, and that buying shares does not cause this presumption to lapse. Hence a non-libertarian moral theory can be held without incoherence by a proponent of the shareholder model. (shrink)

The article presents a novel normative model of shared responsibility for remedying unjust labor conditions and protecting workers’ rights in global supply chains. While existing literature on labor governance in the globalized economy tends to focus on empirical and conceptual investigations, the article contributes to the emerging scholarship by proposing moral justifications for labor governance schemes that go beyond voluntary private regulations and include public enforcement mechanisms. Drawing on normative theories of justice and on empirical-legal research, our Labor Model of (...) Shared Responsibility introduces three main claims: First, that responsibility for protecting and promoting labor standards in global supply chains should be shared by all private and institutional actors involved (whether directly or indirectly) in the production and distribution processes. Second, we offer a normative model for allocating responsibility among the various actors, based on five principles: connectedness, contribution, benefit, capacity, and power. Last, we demonstrate how the normative model could be implemented through various national and international institutional mechanisms. (shrink)

The article presents a novel normative model of shared responsibility for remedying unjust labor conditions and protecting workers’ rights in global supply chains. While existing literature on labor governance in the globalized economy tends to focus on empirical and conceptual investigations, the article contributes to the emerging scholarship by proposing moral justifications for labor governance schemes that go beyond voluntary private regulations and include public enforcement mechanisms. Drawing on normative theories of justice and on empirical-legal research, our Labor Model of (...) Shared Responsibility introduces three main claims: First, that responsibility for protecting and promoting labor standards in global supply chains should be shared by all private and institutional actors involved (whether directly or indirectly) in the production and distribution processes. Second, we offer a normative model for allocating responsibility among the various actors, based on five principles: connectedness, contribution, benefit, capacity, and power. Last, we demonstrate how the normative model could be implemented through various national and international institutional mechanisms. (shrink)

Individuals have various kinds of obligations: keep promises, don’t cause harm, return benefits received from injustices, be partial to loved ones, help the needy and so on. How does this work for group agents? There are two questions here. The first is whether groups can bear the same kinds of obligations as individuals. The second is whether groups’ pro tanto obligations plug into what they all-things-considered ought to do to the same degree that individuals’ pro tanto obligations plug into what (...) they all-things-considered ought to do. We argue for parity on both counts. (shrink)

People with disabilities suffer from pervasive inequalities in employment, education, transportation, housing, and health care compared to those who are not disabled. Moreover, people with disabilities are often subject to unjustified stigma and pity. In this paper, I will explain why these disadvantages violate relational egalitarian principles of justice. As I will show, my argument can account for both kinds of inequality that disabled people face.

This essay addresses the questions of whether and how much responsibility for extreme poverty should be assigned to global and domestic institutional orders. The main focus is on whether the global order brings about the existing levels of extreme poverty or merely allows them. By examining Thomas Pogge's recent contribution on this topic, I argue that although he builds a plausible case for the claim that the global order brings about, and not merely fails to prevent, extreme poverty, the moral (...) and empirical complexity of the situation leaves room for doubting his conclusions. I conclude, however, that it is enough that there be a reasonable chance—though not conclusive evidence—that the global order brings about the existing extreme poverty to reduce considerably the moral weight of its privileged participants' appeal to cost when justifying their not taking steps to alleviate extreme poverty. (shrink)

Among the defining characteristics of moral cosmopolitanism are the convictions that personal relations, membership in social or political organizations like local communities or nation-states are insignificant for agents when determining their scope of moral concern. The moral scope is unlimited and the moral duties reach globally. Following up observations made by Onora O’Neill and others, it is argued that Singer’s model needs a complementary tool to allocate duties.That tool can be found by supplementing the agent centered perspective of the model (...) with a regard for the social and institutional circles encompassing right holders. Instead of focusing on the duty holder, I suggest that the cosmopolitan’s “ultimate unit of moral concern” – here, the claimholder is regarded central.Thus, Singer’s cosmological model is kept, but in a rights-based methodological approach for allocating duties. Methodologically, what needs to be investigated is whether the scope of legitimate moral claims expands from the agent for the same reasons that the circle of moral concern expands from Singer’s agent. (shrink)

Application of egalitarian and prioritarian accounts of health resource allocation in low‐income countries have both been criticized for implying distribution outcomes that allow decreasing/undermining health gains and for tolerating unacceptable standards of health care and health status that result from such allocation schemes. Insufficient health care and severe deprivation of health resources are difficult to accept even when justified by aggregative efficiency or legitimized by fair deliberative process in pursuing equality and priority oriented outcomes. I affirm the sufficientarian argument that, (...) given extreme scarcity of public health resources in low‐income countries, neither health status equality between populations nor priority for the worse off is normatively adequate. Nevertheless, the threshold norm alone need not be the sole consideration when a country's total health budget is extremely scarce. Threshold considerations are necessary in developing a theory of fair distribution of health resources that is sensitive to the lexically prior norm of sufficiency. Based on the intuition that shares must not be taken away from those who barely achieve a minimal level of health, I argue that assessments based on standards of minimal physical/mental health must be developed to evaluate the sufficiency of the total resources of health systems in low‐income countries prior to pursuing equality, priority, and efficiency based resource allocation. I also begin to examine how threshold sensitive health resource assessment could be used in the Philippines. (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

Which of the two dominant arguments for duties to alleviate global poverty, supposing their premises were generally accepted, would be more likely to produce their desired outcome? I take Pogge's argument for obligations grounded in principles of justice, a "contribution" argument, and Campbell's argument for obligations grounded in principles of humanity, an "assistance" argument, to be prototypical. Were people to accept the premises of Campbell's argument, how likely would they be to support governmental reform in policies for international aid, or (...) to make individual contributions to international aid organizations? And I ask the same question, mutatis mutandis, for Pogge's argument. (shrink)

Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come from (...) individuals having passed on certain individual duties? There are complications: states can discharge their duties by contracting fulfilment out to non-members; states seem able to dissolve the duties of non-members; and some of states' duties are not derived in this way. We demonstrate that these complicate, but do not undermine, the general account and its application to states. And the application has an interesting upshot: by asking which individuals robustly participate in this process of duty transfer-and-transformation with a given state, we can begin to get a grip on who counts as a member of that state. (shrink)

This paper presents a reconstruction of and some constructive comments on Thomas Pogge’s conception of global justice. Using Imre Lakatos’s notion of a research program, the paper identifies Pogge’s “hard core” and “protective belt” claims regarding the scope of fundamental principles of justice, the object and structure of duties of global justice, the explanation of world poverty, and the appropriate reforms to the existing global order. The paper recommends some amendments to Pogge’s program in each of the four areas.

This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...) us some reason to resist this temptation - though this reason is interestingly inconclusive. (shrink)

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...) living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups. (shrink)