Nussbaum’s moral cosmopolitanism informs her capability-based theory of justice, which she uses in order to develop a distinctive model of cosmopolitan democratic education. I characterize Nussbaum’s educational model as a ‘statist model,’ however, because it regards cosmopolitan democratic education as necessary for realizing democratic arrangements at the domestic level. The socio-cultural diversity of virtually every nation, Nussbaum argues, renders it mandatory to educate citizens in a cosmopolitan fashion. Citizens must develop empathy and sympathy towards all co-citizens of their domestic polities (...) and cope effectively with socio-cultural diversity. I criticize Nussbaum’s statist model, because it neglects that due to the ways in which international institutions already constrain national decision-making, citizens will not fully enjoy the human freedom of co-determining the political choices that affect their lives unless international affairs are further democratized. Therefore I suggest ext... (shrink)

Pluralistic theories of global distributive justice aim at justifying a plurality of principles for various subglobal contexts of distributive justice. Helena de Bres has recently proposed the class of disaggregated pluralistic theories, according to which we should refrain from defending principles that apply to the shared background conditions of such subglobal contexts. This article argues that if one does not justify how these background conditions should be regulated by principles of a just global basic structure, then the realization of the (...) principles that are justified for the subglobal contexts of distributive justice can erode and undermine justice over time. For example, the realization of justice in international trade might undermine climate justice, at least if climate justice requires increasing tariffs but justice in international trade calls for reducing tariffs. Principles of a just global basic structure would have to ensure that such justice-eroding spillover effects from one to another context of justice do not occur. Finally, the article responds critically to de Bres’ objections that an account of a just global basic structure is too idealistic, not action guiding, and superfluous. (shrink)

In this paper, we examine diverse political philosophical conceptualisations of justice and interrogate how these contested understandings are drawn upon in the burgeoning food justice scholarship. We suggest that three interconnected dimensions of justice—plurality, the spatial–temporal and the more-than-human—deserve further analytical attention and propose the notion of the ‘justice multiple’ to bring together a multiplicity of framings and situated practices of (food) justice. Given the lack of critical engagement food justice has received as both a concept and social movement in (...) the context of the United Kingdom (UK), we draw upon empirical research with practitioners and activists involved with heterogenous food movements working at the local, regional and national level and apply the justice multiple concept to the interview data. We highlight the diverse ways that justice is discussed in terms of access, fairness, empowerment, rights and dignity that reflect established organisational discursive framings and the fragmented nature of food system advocacy and activism. Based on this insight, we argue that a plurivocal, relational conceptualisation of socioecological justice can help enhance the multiple politics of food justice, pluralise UK food movement praxis and nurture avenues for broader coalition-building across the food system. (shrink)

ABSTRACTThis paper explores the international implications of liberal theories which extend justice to sentient animals. In particular, it asks whether they imply that coercive military intervention in a state by external agents to prevent, halt or minimise violations of basic animal rights can be justified. In so doing, it employs Simon Caney's theory of humanitarian intervention and applies it to non-human animals. It argues that while humane intervention can be justified in principle using Caney's assumptions, justifying any particular intervention on (...) behalf of animals is much more difficult – and in present circumstances impossible. If these claims are correct, a number of important conclusions follow. First, all states lack legitimacy because of the horrors that they inflict upon animals. As a result of this, all states are prima facie liable to intervention by external agents. To remedy this situation, all states have the responsibility to massively transform their relationsh... (shrink)

I develop the foundation for cosmopolitan care, an underexplored variety of moral cosmopolitanism. I begin by offering a characterization of contemporary cosmopolitanism from the justice tradition. Rather than discussing the political, economic or cultural aspects of cosmopolitanism, I instead address its moral dimensions. I then employ a feminist philosophical perspective to provide a critical evaluation of the moral foundations of cosmopolitan justice, with an eye toward demonstrating the need for an alternative account of moral cosmopolitanism as cosmopolitan care. After providing (...) an explanation of how care ethics in connection with Kantian ethics generates a duty to care, I consider one main feature of cosmopolitan care, namely the theory of obligation it endorses. In developing this account, I place special emphasis on the practical ramifications of the theory by using it to analyze gender violence in conflict zones. (shrink)

Many agents have failed to comply with their responsibilities to take the action needed to avoid dangerous anthropogenic climate change. This pervasive noncompliance raises two questions of nonideal political theory. First, it raises the question of what agents should do when others do not discharge their climate responsibilities. (the Responsibility Question) In this paper I put forward four principles that we need to employ to answer the Responsibility Question (Sections II-V). I then illustrate my account, by outlining four kinds of (...) action that should be undertaken (Section VI). Pervasive noncompliance also raises a second question: Given the lack of progress in combating climate change, should existing governance structures be maintained or changed (and if they should be changed, in what ways)? (the Governance Question). The paper briefly outlines a methodology for addressing this question and outlines what a nonideal response to the existing institutional structures would be (Section VII). It does so with reference to the Paris Agreement, and in particular the creation of a "global stocktake" (Article 14, Paris Agreement) and the "facilitative dialogue" (paragraph 20 of the ‘Adoption of the Paris Agreement’). The aim, then, is to set out an account of a nonideal theory of climate justice. (shrink)

Cap-and-trade systems for greenhouse gas emissions are an important part of the climate change policies of the EU, Japan, New Zealand, among others, as well as China and Australia. However, concerns have been raised on a variety of ethical grounds about the use of markets to reduce emissions. For example, some people worry that emissions trading allows the wealthy to evade their responsibilities. Others are concerned that it puts a price on the natural environment. Concerns have also been raised about (...) the distributional justice of emissions trading. Finally, some commentators have questioned the actual effectiveness of emissions trading in reducing emissions. This paper considers these three categories of objections – ethics, justice and effectiveness – through the lens of moral philosophy and economics. It is concluded that only the objections based on distributional justice can be sustained. This points to reform of the carbon market system, rather than its elimination. (shrink)

A conception of global citizenship should not be viewed as separate from, or synonymous with, the cosmopolitan moral orientation, but as a primary component of it. Global citizenship is fundamentally concerned with individual moral requirements in the global frame. Such requirements, framed here as belonging to the category of individual cosmopolitanism, offer guidelines on right action in the context of global human community. They are complementary to the principles of moral cosmopolitanism — those to be used in assessing the justice (...) of global institutions and practices — that have been emphasised by cosmopolitan political theorists. Considering principles of individual and moral cosmopolitanism together can help to provide greater clarity concerning individual duties in the absence of fully global institutions, as well as clarity on individual obligations of justice in relation to emerging and still-developing trans-state institutions. (shrink)

Interviews, field observations and other qualitative methods are being increasingly used to inform the construction of arguments in normative political theory. This article works to demonstrate the strong salience of some kinds of qualitative material for cosmopolitan arguments to extend distributive boundaries. The incorporation of interviews and related qualitative material can make the moral claims of excluded others more vivid and possibly more difficult to dismiss by advocates of strong priority to compatriots in distributions. Further, it may help to promote (...) the kind of perspective taking that has been associated with actually motivating a willingness to provide aid by individuals. Illustrative findings are presented from field work conducted for a normative project on global citizenship, including interviews with unauthorized immigrants and the analysis of artefacts left behind on heavily used migrant trails. (shrink)

Opponents of cosmopolitanism often dismiss the position on the grounds that cosmopolitan proposals are completely unrealistic and that they fly in the face of our human nature. We have deep psychological needs that are satisfied by national identification and so all cosmopolitan projects are doomed, or so it is argued. In this essay we examine the psychological grounds claimed to support the importance of nationalism to our wellbeing. We argue that the alleged human needs that nationalism is said to satisfy (...) are: (i) either more complex than initially one might think or (ii) do not necessarily provide very strong grounds for the theses advocated by nationalists or (iii) can be well met in alternate ways than through national identification. Moreover, commitment to cosmopolitanism is not antithetical to meeting these needs: rather, more cosmopolitan worldviews can do quite well in meeting the needs of interest. Moreover, we argue that since nationalism is a fluid and socially constructed phenomenon, quite open to the influence of other factors, the current evidence suggests that central aspects of cosmopolitanism are quite feasible and realistic. (shrink)

How are we to navigate between duties to compatriots and duties to non-compatriots? Within the literature there are two important kinds of accounts that are thought to offer contrasting positions on these issues, namely, cosmopolitanism and statism. We discuss these two rival accounts. I then outline my position on global justice and how to accommodate insights from both the cosmopolitan and statist traditions within it. Having outlined my ideal theory account of what global justice requires, I discuss the far more (...) pressing question of what our remedial responsibilities are in our decidely non-ideal world: what does the developed world owe to the developing world and what are our responsibilities to non-compatriots, given our situation here and now? I argue that we have considerable responsibilities and I sketch some of the supporting grounds for this view. Finally, I consider how the general account of global justice and remedial responsibilities developed here applies to the case of responsibilities for migrants’ and refugees’ healthcare. (shrink)

In this critical discussion of Simon Caney's global political theory, I focus on two broad areas. In the first area, I consider Caney's suggestions concerning global equality of opportunity and note several problems with how we might develop these ideas. Some of the problems concern aggregation, while others point to difficulties with what equality of opportunity means in a culturally plural world, where different societies might value, construct, and rank goods in different ways. In the second broad area of criticism (...) I argue that Caney has been unfair to contractarians and I rally to their defense. (shrink)

In this article, we survey some current debates among cosmopolitans and their critics. We begin by surveying some distinctions typically drawn among kinds of cosmopolitanisms, before canvassing some of the diverse varieties of cosmopolitan justice, exploring positions on the content of cosmopolitan duties of justice, and a prominent debate between cosmopolitans and defenders of statist accounts of global justice. We then explore some common concerns about cosmopolitanism – such as whether cosmopolitan commitments are necessarily in tension with other affiliations people (...) typically have and how we should deal with issues concerning a perceived lack of authority in the global domain – and whether these can be addressed. We also look briefly at how the concern with feasibility has led some to take up the challenge of devising public policy that is cosmopolitan in outlook, before offering some concluding remarks on future directions in these debates. (shrink)

This paper examines the nexus between climate change and trade governance from a normative perspective. Only little research attention has been paid to assessing the interactions between empirical and normative approaches to climate change in the context of potential trade measures. To this end, the paper focuses on currently discussed border carbon adjustment measures. The paper assesses these trade measures from a normative perspective: it explores whether they are compatible or in conflict with development ethics on the one hand and (...) with climate ethics on the other. The paper finds that border adjustment measures are both a potential threat to development, as well as to a workable climate agreement. It argues that they are therefore both in conflict with development as well as climate ethics concerns. From a development ethics perspective, border adjustment measures are objectionable for two reasons. First, they hurt developing countries and above all the ones that are vulnerable in terms of relying only on few export goods. Second, border adjustment measures restrict market access for developing countries and thereby undermine the potential of trade to foster development. From a climate ethics perspective, border adjustment measures are objectionable for three reasons. First, border adjustment measures amount to unilaterally changing whatever global burden-sharing deal has been agreed to—thereby undermining procedural justice. Second, border adjustment measures disregard the consumption-dimension: it might be questioned whether it is fair to focus exclusively on making producers pay for emissions rather than also holding those responsible that import and consume the goods that incorporate these emissions. Third, even if border adjustment measures and countries with low emissions are exempted from border adjustment measures, they still burden countries that bear no historic responsibility for current high levels of greenhouse gases in the atmosphere, thereby undermining distributive justice by being in conflict with the polluter pays principle. (shrink)

Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...) a similar position. In this article I explain the practical and theoretical drawbacks of Posner & Weisbach's welfarist perspective and propose an alternative. I show that their arguments fail to rule out John Rawls' non-utilitarian, political conception of international justice and human rights, the Law of Peoples. On this basis I develop a conception of climate justice that highlights implications of some of Rawls' principles and adds a principle for determining fair shares of climate -treaty-related benefits and burdens. I propose this conception as a moral framework for negotiating a treaty that would promote human welfare consistently with requirements of justice, and I argue that a treaty proposal satisfying these requirements could best satisfy Posner & Weisbach's own feasibility criteria. (shrink)

James Turner Johnson has played a pivotal role in bringing just war thinking to the fore in international relations. This has brought with it increased interest in the relationship between the just war tradition and the laws of war. Whilst Johnson maintains that the legal rules relating to the conduct of war correspond with the requirements of jus in bello, he is more critical of the legal regime relating to recourse to force and has occasionally argued in favour of the (...) superiority of just war thinking to international law in this area. This article discusses Johnson's thinking on the relationship between ethics and law on recourse to force. It begins by outlining Johnson's approach before suggesting that it is overly critical of the post-1945 order. The paper concludes by calling for reconciliation between law and ethics. (shrink)

Cosmopolitans typically argue that the realization of cosmopolitan ideals requires the creation of global political institutions of some kind. While the precise nature of the necessary institutions is widely discussed, the problem of the transition to such an order has received less attention. In this paper, we address what we take to be a crucial aspect of the problem of transition: we argue that it involves a moral coordination problem because there are several morally equivalent paths to reform the existing (...) order, but suitably placed and properly motivated political agents need to converge on a single route for the transition to be successful. It is, however, unclear how such a convergence can take place since the duty to create global institutions does not single out any coordination point. We draw on the so-called theory of hegemonic stability to address this problem and conceptualize what we call the hegemonic transition. From an explanatory point of view, we rely on the theory’s insights to explain how a hegemon may contribute to the creation of a rules-based international order by providing salient coordination points and accordingly, enabling coordination among states. From the normative point of view, we identify necessary conditions for the hegemonic transition to be morally permissible. To the extent that these conditions obtain, other states have pro tanto moral reasons to follow the salient coordination point provided by the leading state. (shrink)

This paper presents a rival proposal to that presented by Dietsch and Rixen to ensure international background justice. It explains the notion of background justice and how this is challenged by the lack of international co-operation on taxation policy. It then presents the principles which Dietsch and Rixen propose in order to respond to this concern: the principle of membership and the principle of constraint. The paper proposes alternative principles of relationship and counter-incentive, which are argued to be superior means (...) to achieve the aim of global background justice. This is because the alternative principles do not interfere with the right of states to set the tax-rates that they desire. The counter-incentive approach instead rewards the states who set higher taxes and provides them with revenues from taxpayers who have left either to seek lower taxes elsewhere or for any of a number of other reasons. (shrink)

This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...) human rights, which are moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights -- that they are normative entitlements prior to and independent of substantive theories of justice -- is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed -- and much greater agreement about international justice should be reached -- before anything more than a very minimal list of international human rights can be justified. (shrink)

To whom is egalitarian justice owed? Our fellow citizens, or all of humankind? If the latter, what form might a global brand of egalitarianism take? This paper examines some recent debates about the justification, and content, of global egalitarian justice. It provides an account of some keenly argued controversies about the scope of egalitarian justice, between those who would restrict it to the level of the state and those who would extend it more widely. It also notes the cross-cutting distinction (...) between relationists (whose views on scope are derived from a belief about which relations, practices or institutions give rise to the demands of equality) and non-relationists (who place no such importance on empirical facts about the relations between individuals). Beyond this, it sets out some of the different principles that might flow from a commitment to global egalitarianism. One of the key goals is to highlight the increasing diversity within debates on global justice, so that even those with a shared commitment to global equality may espouse different views about the justifications for equality, as well as the nature of, and proper sites for, egalitarian principles. (shrink)

Many of the foremost defenders of distributive egalitarianism hold that its scope should be limited to co-citizens. But this bracketing of distributive equality exclusively to citizens turns out to be very difficult to defend. Pressure is placed on it, for instance, when we recognize its vulnerability to ?extension arguments? which attempt to cast the net of egalitarian concern more widely. The paper rehearses those arguments and also examines some ? ultimately unsuccessful ? responses which ?citizenship egalitarians? might make. If it (...) does turn out that citizenship egalitarianism cannot be defended, then two options are open to its adherents: to modify that position substantially in order to embrace at least some global egalitarian components, or to argue for a reorganization of citizenship regimes in such a way that citizenship might properly track the subjects of egalitarian justice. Both are radical options. Finally, the paper then briefly considers one way in which an attenuated form of citizenship egalitarianism might still be defended. (shrink)

The concept of transnationalism, despite a variety of earlier uses, has recently been used to describe the sociological phenomenon of cross-border migrants considering more than one place ‘home’. This can be in terms of identity and belonging, cultural expression, family and other social ties, visits, financial flows, organising working life in more than one nation-state or transnational political projects. In this paper I discuss the theory and practice of transnationalism to assess the practical, explanatory and normative strength of the concept. (...) I then introduce three different forms of cosmopolitan approaches and assess whether transnational migrants' practices contribute to a cosmopolitan outlook and active global citizenship. I show that the extent to which transnationalism contributes to various forms of global citizenship varies according to the different conceptualisations of transnationalism and cosmopolitanism. In conclusion I draw out the implications of these differences for the future protection of the rights of migrants. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

In der vorliegenden Arbeit wird eine normative Analyse und Verteidigung der Erbschaftssteuer unternommen. Zunächst wird eine egalitaristische Argumentation für die Steuer entfaltet. Aufgrund ihrer progressiven Struktur ist die Erbschaftssteuer ein geeignetes Instrument, um der wachsenden ökonomischen Ungleichheit entgegenzuwirken und letztlich verschiedene egalitäre Ideale (politische Gleichheit, Chancengleicheit etc.) zu befördern. Anschließend wird untersucht, wie aus normativer Perspektive zu beurteilen ist, dass der Erblasser bei Erhebung der Steuer nicht mehr lebt. Die restliche Arbeit besteht in einer Auseinandersetzung mit den wichtigsten Einwänden gegen (...) die Erbschaftssteuer. So wird oft behauptet, diese verletze die natürlichen Eigentumsrechte des Erblassers bzw. des Erben und sie ignoriere zudem die Verdienstansprüche des Erblassers. Schließlich sei die Steuer aus diversen "familien-basierten" Erwägungen abzulehnen. Nicht nur werden diese Einwände erfolgreich zurückgewiesen; ferner wird gezeigt, dass einige der, diesen Argumenten zugrundeliegenden, Prinzipien selbst zur Verteidigung einer egalitären Erbschaftssteuer (also einer Erbschaftssteuer, die aus egalitären Prinzipien folgt) herangezogen werden können. (shrink)

Many nongovernmental forms of business regulation aim at reducing ethical violations in commerce. We argue that such nongovernmental ethics standards, while often laudable, raise their own ethical challenges. In particular, when such standards place burdens upon vulnerable market participants (often, though not always, SMEs), they do so without the backing of traditional legitimate political authority. We argue that this constitutes a structural analogy to wars of humanitarian intervention. Moreover, we show that, while some harms imposed by such standards are desirable, (...) others are best thought of as a form of collateral damage. We thus look at the well-developed literature on just war theory for inspiration and find that the principles of jus ad bellum and jus in bello contain many insights that can be fruitfully adapted to the case of nongovernmental standard-setting. Consequently, we propose the Ius ad Normam—a set of principles that should guide would-be standard-setters in assessing whether imposing those burdens is ethically justifiable in particular cases. We also discuss how powerful multinational businesses often act simultaneously as standard-takers and standard-setters and explore the normative implications of this dual role. (shrink)

In this article we defend a moral conception of cosmopolitanism and its relevance for moral education. Our moral conception of cosmopolitanism presumes that persons possess an inherent dignity in the Kantian sense and therefore they should be recognised as ends‐in‐themselves. We argue that cosmopolitan ideals can inspire moral educators to awaken and cultivate in their pupils an orientation and inclination to struggle against injustice. Moral cosmopolitanism, in other words, should more explicitly inform the work that moral educators do. Real‐world constraints (...) on moral action and the need to prioritise one’s sometimes conflicting responsibilities will often qualify cosmopolitan justice as supererogatory. This fact does not absolve persons from aspiring to see themselves as having the moral obligation to help others in need, while recognising that their factual obligations are more modest in being bound by what they are actually able to do. (shrink)

The recent Covid-19 pandemic has brought a broad range of ethical problems to the forefront, raising fundamental questions about the role of government in response to such outbreaks, the scarcity and allocation of health care resources, the unequal distribution of health risks and economic impacts, and the extent to which individual freedom can be restricted. In this clear introduction to the topic Iwao Hirose explores these ethical questions and analyzes the central issues in the ethics of pandemic response and preparedness (...) such as: The general nature of pandemics and the ethics of preparedness Ethical questions about general goals of pandemic response and preparedness The distribution of scarce resources, e.g., ventilators, hospital beds, antiviral drugs and vaccines Restrictions on individual freedom Ethical questions in the wake of pandemics, including contact-tracing, vaccine passports and socioeconomic inequalities. With the use of real-life examples and a clear philosophical approach, The Ethics of Pandemics is a much-needed introduction to some of the most important ethical issues surrounding pandemics. It is essential reading for students of ethics, bioethics, and political philosophy and will also be of interest to those working in related areas such as public policy, public health, health law, nursing and life sciences. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

The foundations of research ethics are riven with fault lines emanating from a fear that if research is too closely connected to weighty social purposes an imperative to advance the common good through research will justify abrogating the rights and welfare of study participants. The result is an impoverished conception of the nature of research, an incomplete focus on actors who bear important moral responsibilities, and a system of ethics and oversight highly attuned to the dangers of research but largely (...) silent about threats of ineffective, inefficient, and inequitable medical practices and health systems. -/- In For the Common Good: Philosophical Foundations of Research Ethics, Alex John London defends a conception of the common good that grounds a moral imperative with two requirements. The first is to promote research that generates the information necessary to enable key social institutions to effectively, efficiently, and equitably safeguard the basic interests of individuals. The second is to ensure that research is organized as a voluntary scheme of social cooperation that respects its various contributors' moral claims to be treated as free and equal. Connecting research to the goals of a just social order grounds a framework for assessing and managing research risk that reconciles these requirements and justifies key oversight practices in non-paternalistic terms. Reconceiving research ethics as resolving coordination problems and providing credible assurance that these requirements are being met expands the issues and actors that fall within the purview of the field and provides the foundation for a more unified and coherent approach to domestic and international research. -/- This is an open access title available under the terms of a CC BY-NC-ND 4.0 license. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. (shrink)

Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...) for justice as 'participatory parity', in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. (shrink)

In this paper, I critically analyze Andrea Sangiovanni’s approach to international justice in the EU that he labels Reciprocity-based Internationalism (RBI). I aim to show that the type of reciprocity RBI operates with is not a morally attractive ground for distributive justice because it cannot cope with the case of member states’ inability to reciprocate the production of collective goods at the EU level. I illustrate this with the case of disability. I contrast RBI’s understanding of reciprocity with Christie Hartley’s (...) ‘relationship model’. I argue that the relationship model of reciprocity should characterize the EU, whose two core normative features are fraternity and equal status. The advantage of the relationship model is that it calls for a stronger type of solidarity than RBI does. That not only entails the willingness to support those worse-off members that cannot productively reciprocate other member states’ efforts at the EU level but also calls for a higher redistribution rate within the EU. In the paper, I make three comparisons between RBI’s ‘productive reciprocity’ and the relationship model. The first concerns non-EU-integration-related disadvantages; the second concerns membership cases, such as accession to federations and supranational unions, while the third comparison examines EU-integration-related disadvantages. I argue that the relationship model is a better alternative to RBI in both integration-related and non-integration-related disadvantages. Also, the relationship model can justify accession cases where previous historical ties are relevant, which are outside of the purview of RBI. (shrink)

The contributors to this issue offer applied critical and normative perspectives on central, yet overlooked, ethical aspects of migration management with a certain cosmopolitan lance in some capacity. However, cosmopolitanism might mean different things for transnational migration. It can refer to “political cosmopolitanism” that provides the reasons for why there should be certain global institutions governing migration. It can also refer to “moral cosmopolitanism” that simply represents a moral concern for individual rights and interests first and foremost. Cosmopolitanism can also (...) work as a lens that is based on a scepticism towards using the nation-state as the ultimate unit or locus of analysis. These perspectives are not mutually exclusive, and the contributions in this special issue accommodate a form of cosmopolitan outlook or stance to some extent in their discussion on migration management practices. (shrink)

Is it possible to justify territorial rights? Provided a justification for territorial rights can be found, does it ground claims toparticularterritories? And provided a claim to particular territories can be justified, what kind of claim is it? Is it a claim to jurisdiction? A claim to control resources? A claim to control the movement of people across borders? In this paper I review some prominent accounts seeking to answer these questions. After outlining their main features, I focus on some difficulties (...) they encounter, in particular with regard to the justification of exclusion. (shrink)

Although ethical and justice arguments operate in two distinct levels—justice being a more specific concept—they can easily be conflated. A robust justification of ecological justice requires starting at the roots of justice, rather than merely giving, for example, an argument for why certain non-human beings have moral standing of some kind. Thus, I propose that a theory of ecological justice can benefit from a four-step justification for the inclusion of non-human beings into the community of justice, starting with Hume’s circumstances (...) of justice. I will further argue that the resulting theory of ecological justice should be biocentric—meaning that all living beings should be included into the community of justice, as they constitute a ‘community of fate’. (shrink)

Many political philosophers hold the Feasible Alternatives Principle (FAP): justice demands that we implement some reform of international institutions P only if P is feasible and P improves upon the status quo from the standpoint of justice. The FAP implies that any argument for a moral requirement to implement P must incorporate claims whose content pertains to the causal processes that explain the current state of affairs. Yet, philosophers routinely neglect the need to attend to actual causal processes. This undermines (...) their arguments concerning moral requirements to reform international institutions. The upshot is that philosophers’ arguments must engage in causal analysis to a greater extent than is typical. -/- [Supplement: Handout available at http://db.tt/fyuVW3Xv]. (shrink)

This paper develops a novel competition criterion for evaluating institutional schemes. Roughly, this criterion says that one institutional scheme is normatively superior to another to the extent that the former would engender more widespread political competition than the latter. I show that this criterion should be endorsed by both global egalitarians and their statist rivals, as it follows from their common commitment to the moral equality of all persons. I illustrate the normative import of the competition criterion by exploring its (...) potential implications for the scope of egalitarian principles of distributive justice. In particular, I highlight the challenges it raises for global egalitarians' efforts to justify extending the scope of egalitarian justice beyond the state. (shrink)

It is now being recognized across the spectrum of bioethics, and particularly in genetics and population ethics, that to focus on the individual person, and thereby neglect communities and the goods which accrue to them, is to fail to see all the ethically significant features of a range of ethical issues. This article argues that more work needs to be done in order for bioethics to respect not only goods (such as rights and interests) of communities per se, but also (...) to recognize the difference between different types of communities and their goods. The diversity of communities and the types of communal goods which accrue to them is first outlined. Following this, a basic distinction between two such types: aggregative and corporate community goods, is explained and defended, and it is then argued argue that this distinction is necessary to understand and address what and whom is ethically at stake in any situation. This is illustrated with the example of UK Biobank, the conclusion being that if current and future individual are to be respected then communal goods of both types must be recognized and respected in an effective bioethics. (shrink)

Our aim in this paper is to suggest that most current theories of global justice fail to adequately recognise the importance of global public goods. Broadly speaking, this failing can be attributed at least in part to the complexity of the global context, the individualistic focus of most theories of justice, and the localised nature of the theoretical foundations of most theories of global justice. We argue ? using examples (particularly that of protecting antibiotic efficacy) ? that any truly effective (...) theory of global justice must recognise the importance of global public goods. Global public goods confer significant benefits to individuals yet can only be effectively promoted and preserved through collective action and the restriction of individual choice; something which most theories of justice are structurally unequipped to sufficiently promote. (shrink)

This paper reflects on Lawrence Gostin’s Global Health Law. In so doing seeks to contribute to the debate about how global health justice is best conceived and achieved. Gostin’s vision of global health is one which is communal and in which health is directly connected to other justice concerns. Hence the need for health-in-all policies, and the importance of focusing on basic and communal health goods rather than high-tech and individual ones. This paper asks whether this broadly communal vision of (...) global health justice is best served by making the right to health central to the project. It explores a number of reasons why rights-talk might be problematic in the context of health justice; namely, structurally, rights are individual and state-centric and politically, they are oppositional and better suited to single-issue campaigns. The paper argues that stripping rights of their individualist assumptions is difficult, and perhaps impossible, and hence alternative approaches, such as those Gostin endorses based on global public goods and health security, might deliver much, perhaps most, global health goods, while avoiding the problems of rights-talk. (shrink)

This paper defends the pertinence of global justice in the contemporary world. It accepts, for the sake of argument, Nagel's view that matters of justice arise only when political authority is asserted or exercised and, connectedly, his rejection of the cosmopolitan thesis. However, it challenges his conclusion that considerations of justice do not apply beyond the state. It argues that on any plausible account of the relationship between authority and justice international institutions, such as the World Trade Organisation, are now (...) authoritative in the right way to justify their evaluation from the point of view of justice. (shrink)