The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

Most bioethicists who address questions to which global justice matters have not considered the significance of the disputes over the correct theory of global justice. Consequently, the significance of the differences between theories of global justice for bioethics has been obscured. In this paper, I consider when and how these differences are important. I argue that certain bioethical problems can be resolved without addressing disagreements about global justice. People with very different views about global justice can converge on the existence (...) of a duty to aid the very badly off — those in absolute poverty — wherever they may be. However, despite agreement on extreme cases, there should be disagreement over the extent of international obligations to those who are only relatively poor. Consequently, different theories of justice will diverge in their implications for a number of important problems in contemporary bioethics. I close by sketching in more detail two contemporary bioethical issues —concerning pharmaceutical patents and the health worker brain drain —and show how responses to them might be developed by cosmopolitan and statist liberals. (shrink)

This article discusses the various dimensions of East Central Europe's closure with the communist past, and then assesses the impact of transitional justice measures in the closure with communism. Special attention is paid to the so called 'lustration', which in the view of the author performs important functions in transitions to democratic regimes, related to the reconstruction of a moral and rational community, and to the closure with the communist past. The article shows that the failures and controversies surrounding 'lustration' (...) were due to its radical potential of reconstruction of a moral–rational democratic community, and also to specific socio–political factors of the post–communist ECE. What specific features of ECE post–communist transitions and of lustration conducted to the recurrence of debates related to the communist past is a question that has not been addressed heretofore, despite a fairly well–developed literature on post–communist administrative justice. (shrink)

Many anticosmopolitan Rawlsians argue that since the primary subject of justice is society's basic structure, and since there is no global basic structure, the scope of justice is domestic. This paper challenges the anticosmopolitan basic structure argument by distinguishing three interpretations of what Rawls meant by the basic structure and its relation to justice, corresponding to the cooperation, pervasive impact, and coercion theories of distributive justice. On the cooperation theory, it is true that there is no global basic structure, but (...) the basic structure turns out to be only an instrumental condition for realizing justice, and not an existence condition that must be met before demands of justice arise. On the pervasive impact and coercion theories, the basic structure is indeed an existence condition, but there exists a global basic structure. The upshot is that on any plausible interpretation of Rawls's account of the basic structure, Rawlsian justice is global in scope. (shrink)

The role of state in the contemporary global system is greatly shaped by its inner or domestic strength that include economic resilience, socio-political harmony and a stable constitutional political order. These attributes cannot be achieved by a state unless it assigns the highest priority to human and societal development and promotion of egalitarian socio-economic arrangements that provide equal opportunities to all citizens irrespective of ethnicity, language, religion, caste, region or gender. The focus is on transforming human resources into human capital (...) through education, learning of technology and skills, and health care. There is now a greater emphasis on good governance and a fair and transparent political management and delivery of basic services to the society. This covers policy making and implementation regarding a host of key issues. It is also important to ensure that the fruits of economic growth are fairly distributed in the society. The state must work towards removing socio-economic inequities and disparities among people and regions. This paper examines the major factors responsible for the growing emphasis in state policy on human and social development as well as the historical evolution of this change. It is argued that the political developments in the 1990s and later contributed most in creating a global awareness about human and societal developments. These include, inter alia, the end of the Cold War, the collapse of some states, the rise of religious and cultural extremism and terrorism and the efforts of the various organs and agencies of the United Nations to promote human development and social stability. The paper also identifies the major obstacles in the developing countries, especially in Pakistan, to socio-economic development and distributive justice. (shrink)

This article provides an explanatory account of a central class of moral rights; their normative grounding, the conditions for their possession and forfeiture, and their moral stringency. It argues that interpersonal rights against harm and rights to assistance are best understood as arising from reciprocity relations between moral agents. The account has significant advantages compared with rivals such as the interest theory of rights. By explaining the differential enforceability of rights against harm and rights to assistance, the reciprocity theory helps (...) to refute an argument made by Cecile Fabre that the poor may have a justification for engaging in war against the affluent to compel them to fulfil their duties of assistance to the poor. (shrink)

Political philosophers often formulate the problem of distributive justice as the problem of how the government ought to distribute different types of goods—for example, income or health care—to its citizens. They therefore presuppose that the government is a unitary agent that governs its citizens directly. However, although a number of governments are unitary in this way, many are federations, exhibiting a division of sovereignty between two or more levels of government having independent grounds of authority. In contrast to unitary states, (...) therefore, within a federation, two or more levels of government directly govern their citizens and are directly accountable to them. Because of the way in which different levels of government in a federation can separately affect the distribution of goods in society, federations face resource allocation problems that are far more complex than those of unitary states. In addition to determining what a just distribution of goods is, federations must also determine (1) whether distributive justice is a shared responsibility amongst different levels of government, and, if so, (2) how this shared responsibility should be allocated between them. (shrink)

This paper argues first that Armstrong is led to see natural resources primarily as objects of consumption. But many natural resources are better seen as objects of enjoyment, where one person’s access to a resource need not prevent others from enjoying equal access, or as objects of production, where granting control of a resource to one person may produce collateral benefits to others. Second, Armstrong’s approach to resource distribution, which requires that everyone must have equal access to welfare, conceals an (...) ambiguity as to whether this means equal opportunity for welfare, or simply equal welfare – the underlying issue being how far individuals should be held responsible for the use they make of the resources they are allocated. Third, when Armstrong attacks arguments that appeal to ‘improvement’ as a basis for claims to natural resources, he treats them as making comparative desert claims: if country A makes a claim to the improved resources on its territory, it must show that their comparative value accurately reflects the productive deserts of its members compared to those of countries B. But in fact, A needs only to make the much weaker claim that its members have done more than others to enhance the value of its resources. Overall, Armstrong’s welfarist approach fails to appreciate the dynamic advantages of allocating resources to those best able to use them productively. (shrink)

While we generally take it for granted that governments should provide social welfare and other benefits to their citizens, justification of these services depends on special moral requirements people owe to their compatriots, as opposed to inhabitants of other countries, who may be far more needy. While widely discussed defenses of compatriot preferences can be seen to be flawed, the latter may be justified through a public goods argument. Security and other public goods are not only necessary for acceptable lives (...) but are provided through the cooperative activity of compatriots, coordinated and enforced by the state. Because the necessary public goods require general cooperation throughout society, all individuals who are required to comply should have rights to participate in decisions about the form in which they are provided. Because these political rights must be substantive rather than merely formal, they justify requirements of distributive justice and so compatriot preferences. (shrink)

Democratic politics might be defined as the agonistic struggle of different parties, groups or individuals over resources, recognition and influence under reciprocal and inclusive conditions. It is based on an unconditional orientation to equality as well as freedom of all those involved to consent to - or dissent from - the norms, policies and practices that are established in the process of public dialogue. This article reconstructs the general agent-based capabilities required for a democratically defined public sphere under conditions of (...) globalization. Making capabilities central is intended to correct a certain over-emphasis regarding institutional macro-structures in the discourse on globalization and cosmopolitanism. After setting the stage with a critical analysis of Martha Nussbaum’s concept of capabilities, the analysis proceeds in two major steps. In the first part, a notion of hermeneutic agency is introduced that avoids a Foucauldian reduction of agency to power structures, while thoroughly situating agency in a symbolically mediated social context. The symbolic mediation of agency is, in the second part, taken as a ground of potentiality for reflexive capabilities that, once actualized and enacted, allow for a normatively satisfying process of public deliberation. The aim of the analysis is to relate a normative model of value-orientation to the linguistically grounded empirical resources of social agents. The core argument lays out as basic capabilities (1) to be able to normatively orient oneself at contextually defined yet universally open postconventional commitments, (2) to be able to engage in an interpretive and dialogical perspective-taking vis-a-vis differently situated agents and backgrounds, and (3) to be able to critically distance oneself from one’s taken-for-granted assumptions and background structures via a power-alert social reflexivity. (shrink)

John Rawls famously holds that the basic structure is the 'primary subject of justice.'1 By this, he means that his two principles of justice apply only to a society's major political and social institutions, including chiefly the constitution, the economic and legal systems, and (more contentiously) the family structure.2 This thesis — call it the basic structure restriction — entails that the celebrated difference principle has a narrower scope than one might have expected. It doesn't apply directly to choices that (...) individuals make within the basic structure. Individuals can live up to the demands of justice simply by obeying whatever rules are set by, and by doing what is necessary to sustain, the basic .. (shrink)

Among the tasks of modern political philosophy is to develop a favored conception of the relations among modern citizens, among people who can know little or nothing of one another individually and yet are deeply reciprocally dependent. One might think of this as developing a favored conception of civic friendship. In this essay I sketch two candidate conceptions. The first derives from the Kantian tradition, the second from the 1844 Marx. I present the two conceptions and then describe similarities and (...) differences. My approach is both taxonomic and programmatic. My taxonomic goal is to provide an initial sketch of the conceptual territory. My programmatic goal is to provide reasons to think that the conception derived from Marx is both appealing and feasible. (shrink)

English Abstract: Through the presentation of the history of social justice in global constitutional discourse, this article aims to demonstrate that, although in Colombia there is not a constitutionalized purpose or principle of social justice, as in other countries, the modern notion of distributive justice, also called social justice today, is implicit in the Constitution of 1991 because it enshrined as mandatory rules the three main elements of its meaning at the time of its promulgation: the principle of social rule (...) of law, the principle of human dignity and the right to a material equality. Thus, in Colombia social justice must not be understood in the Aristotelian sense of distributive justice but in accordance with these three elements, and can only be achieved if they are fulfilled. -/- Spanish Abstract: Mediante la presentación de la historia de la justicia social en el discurso constitucional global, este artículo pretende demostrar que, a pesar de no existir en Colombia, como en otros países, un valor o principio constitucional de justicia social, la noción moderna de justicia distributiva, también llamada hoy justicia social, se encuentra implícita en la Constitución de 1991 porque esta consagró como normas obligatorias los tres elementos principales de su significado en el tiempo en el que fue promulgada: el principio de Estado Social de Derecho, el principio de dignidad humana y el derecho a una igualdad material. Así pues, la justicia social debe entenderse en Colombia a partir de esos tres elementos, no según el sentido aristotélico de justicia distributiva, y sólo puede ser alcanzada si ellos se cumplen. (shrink)

In this thesis, I argue that David Hume’s political philosophy is centrally focused on the prospect of social reform. The conception of justice and politics he develops out of his theories of virtue and moral psychology stresses the pervasive effects of institutions on individuals’ abilities to live decent lives and provides criteria for determining the relative success of such institutions. While Hume’s political philosophy has been interpreted as justifying a society’s status quo, I demonstrate that the principles of merit, need, (...) and equality—commonly considered core principles of social justice—each play a vital role in his view of what constitutes a healthy, stable society. In particular, I contend that Hume’s emphasis on institutions guaranteeing equal protection of basic rights, the role of the common good in the moral justification of political institutions, and the material and social circumstances of equality that make the institution of justice possible, suggest that social reform is a central concern of his theory of justice and politics. (shrink)