Non-technical summary: -/- When developing and deploying negative emissions technologies (NETs), little attention has been paid to where. On the one hand, one might develop NETs where they are likely to contribute most to global mitigation targets, contributing to a global climate solution. On the other hand, one might develop NETs where they can help support development on a regional basis, justified by regional demands. I defend these arguments and suggest that they reflect the values of efficiency and responding to (...) need, respectively. To the extent that these values conflict, they introduce what I call the Need-Efficiency Trade-off Effect (‘NET Effect’). -/- Technical summary: -/- Unlike other geoengineering methods, the effectiveness of negative emissions technologies (NETs) tends to be sensitive to regional siting. This paper argues that this point raises morally and legally important implications by identifying a trade-off between ‘efficiency’ and ‘need’. First, it introduces two arguments justifying NETs: one focused on contributions to global mitigation and the other focused on contributions to regional development. Second, reflecting the two arguments, the paper discusses the moral values of efficiency and need, respectively. For instance, if the strategy is to try to use NETs to maximize expected mitigation contributions to reflect efficiency, then deployment should occur in regions with the best prospects for success (e.g. Western countries). However, if the strategy is to try to use NETs to improve the chances of simultaneous development and mitigation to respond to need, then deployment should occur in regions with limited development and expected growth of demand for NETs (e.g. Asian countries). When these values conflict, I call that a Need-Efficiency Trade-off Effect (‘NET Effect’). The paper concludes by considering the NET Effect in the context of bioenergy with carbon capture and storage as well as direct air carbon capture and storage. [Open access]. (shrink)

This article brings an account of reasonable expectations to bear on the question of when unauthorized immigrants have a right to be regularized—that is, to be formally guaranteed freedom from the threat of deportation. Contrary to the current literature, which implicitly relies on a flawed understanding of reasonable expectations, this article argues that only those unauthorized immigrants who have both been tacitly permitted by the state despite lacking formal authorization and have remained long enough to develop deep social roots in (...) the state have a right to regularization. (shrink)

An increasing portion of contemporary politics revolves around a set of claims made by those (typically derisively) referred to as NIMBYs. Despite its practical significance, NIMBYism has not received significant attention in academic philosophy. I attempt a charitable but limited reconstruction of NIMBYism in terms of legitimate expectations. I argue that, despite NIMBY expectations being somewhat vague and at least moderately unjust, they may be legitimate. This does not imply that they are decisive, or entail a conclusion about their overall (...) normative force. I close by developing some tentative details in institutional design, focusing on the possibility of monetary compensation as a way of recognizing, but limiting the force of, NIMBY expectations. (shrink)

While the energy transition is needed more than ever, for some agents it brings significant losses. This article investigates whether fossil fuel owners could refer to promises to avoid having their assets stranded. It explains how authors, in the context of just transitions, have argued for the normative relevance of Rawlsian legitimate expectations, which refer to promissory entitlements. However, it argues that the normative relevance of promises towards fossil fuel owners is limited, because there are only few promises about what (...) will be permissible in the future and because these promises should be just before they can lead to entitlements. (shrink)

To avoid the disastrous effects of climate change, a rapid and drastic transition toward a low-carbon society and economy is required. This transition imposes significant transitional losses on some agents given the benefits they can no longer realize. In economic terms, it leads to the stranding of their assets. This article investigates whether fossil fuel owners could refer to their expectations about the benefits of producing their reserves to justify transitional measures such as exemptions from new rules or financial compensations. (...) It criticizes forward-looking views on the normative relevance of expectations and defends a backward-looking view, which justifies limited claims. It contends that states that are responsible for creating false expectations about regulatory stability should provide compensations to fossil fuel companies for the costs of relying on those expectations. States can be held responsible if they caused this expectation-related harm in a foreseeable and avoidable way, which is only the case if the expectation is reasonable and if they were not put under pressure by the lobbying activities of the fossil fuel industry. (shrink)

What we could call ‘relational non-interventionism’ holds that we have no general obligation to alleviate animal suffering, and that we do not typically have special obligations to alleviate wild animals’ suffering. Therefore, we do not generally have a duty to intervene in nature to alleviate wild animal suffering. However, there are a range of relationships that we may have with wild animals that do generate special obligations to aid – and the consequences of these obligations can be surprising. In this (...) paper, I argue that we have special obligations to those animals we have historically welcomed or encouraged into our spaces. This includes many wild animals. One of the consequences of this is that we may sometimes possess obligations to actively prevent rewilding – or even to dewild – for the sake of welcomed animals who thrive in human-controlled spaces. (shrink)

Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of analysis — normative principles, their theoretical antecedents, (...) and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. (shrink)

This work offers a challenge to the orthodox view that descriptive rules are non-normative and passive in their role and usage. It does so by arguing that, although lacking in normativity themselves, descriptive rules can be sources of normativity by way of the normative attitudes that can develop around them. That is, although descriptive rules typically depict how things are, they can also play a role in how things ought to be. In this way, the limited role that this type (...) of rule can play as either a basis for the development of normative reasons, or as explanatory reasons for action is identified and clarified. One desirable outcome of the analysis is a more complete view of what descriptive rules are and how they are utilized by agents. (shrink)

What we could call ‘relational non-interventionism’ holds that we have no general obligation to alleviate animal suffering, and that we do not typically have special obligations to alleviate wild animals’ suffering. Therefore, we do not usually have a duty to intervene in nature to alleviate wild animal suffering. However, there are a range of relationships that we may have with wild animals that do generate special obligations to aid—and the consequences of these obligations can be surprising. In this paper, it (...) is argued that we have special obligations to those animals we have historically welcomed or encouraged into our spaces. This includes many wild animals. One of the consequences of this is that we may sometimes possess obligations to actively prevent rewilding—or even to dewild—for the sake of welcomed animals who thrive in human-controlled spaces. (shrink)

This paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and it is plausibly (...) the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no legitimate expectations and so theories of justice provide no guidance as to who should get what in non-ideal conditions. However, this would be to render such theories more-or-less useless in practice. Through discussion of a series of vignettes, the paper offers an account of how we might think about the demands such expectations place on the systems that give rise to them even in cases where the system is unjust. (shrink)

To realize the climate transition and other large societal transitions in a fair way, expectations should be considered. However, the literature has only focused on the claims that already existing expectations bring about, without indicating which rights there are to be actively provided with expectations. This article addresses this gap by investigating the rights of private agents, individuals and companies, to be informed about future climate regulations. It argues that private agents have an interest in being informed because this enables (...) them to make and execute plans. Its value depends on how general the relevant regulations are and the costs of processing the information and responding to it. This interest grounds duties on the part of governments to provide information about the general directions of future policies because of their capacities to inform about the regulations they will introduce and their special responsibilities towards the agents over whom they exercise a right to rule. When future regulations are uncertain, they should provide information about the likelihood of the possible scenarios and the circumstances on which this depends and introduce an element of stability in future policies, which should be balanced with the value of flexibility. (shrink)