The main difficulty utilitarians have faced is the problem of reconciling the dictates of utility with what seem clearly to be moral duties, but based on considerations of Justice. John Stuart Mill addressed this problem in his essay,Utilitarianism,and the result has not served to silence the critics of utilitarianism on this score. In part, this is due to the fact that Mill's position in the chapter on Justice is not entirely clear, nor is it entirely convincing where it is clear. (...) Still, I do not think Mill's views on Justice have been given their due. In this essay, I shall try to show that Mill anticipated recently defended principles that rely on appeal to a notion of fairness or fair play, and that these can be given a utilitarian foundation. (shrink)

Does the receipt of benefits from some common resource create an obligation to contribute toward its maintenance? If so, what is the basis of this obligation? I consider whether individual contributions to climate change can be impugned as wrongful free riding upon the stability of the planet's climate system, when persons enjoy its benefits but refuse to bear their share of its maintenance costs. Two main arguments will be advanced: the first urges further modification of H.L.A. Hart’s “principle of fairness” (...) as the basis for demanding that would-be free riders pay their fair share in the context of climate change, while the second claims that remedial action on climate change is better captured through collective action analysis than through harm principles that seek to connect individual actions to bad environmental outcomes. (shrink)

If common law is to run parallel to the morality of promissory obligation, it must require the breaching seller to keep his promise, not simply to pay off the buyer. However, in the event of promise-breaking, common law orders the defendant to compensate the claimant for the loss that flows from the breach of the duty to perform. The following questions then arise: why does English law not order the defendant to do the very thing that the substantive duty requires (...) him to do? Why does it not adopt specific performance as the primary remedy? Is it because English law runs against the morality of promise? The answer is ‘no’. A number of justifications have been put forward to explain the common law’s reluctance to award specific performance despite its undoubted acceptance as the appropriate moral response to promise-breaking. This article will explain each and show which is more persuasive. (shrink)

While Hegel’s political philosophy has been attacked on the left by republican democrats and on the right by feudalist reactionaries, his apologists see him as a liberal reformer, a moderate who theorized about the development of a free-market society within the bounds of a stabilizing constitutional state. This centrist view has gained ascendancy since the end of the Second World War, enshrining Hegel within the liberal tradition. In this book, Renato Cristi argues that, like the Prussian liberal reformers of his (...) time, Hegel was committed to expand the scope of a free economy and concurrently to ensure that the social practice of subjective freedom did not endanger political stability and order. Aware that a system of mutual advantage failed to integrate the members of civil society and that profound social disharmonies were ineradicable, Hegel adopted the views of the French liberal _doctrinaires_, who sought to realize the principles of the French Revolution by supporting Louis XVIII’s sovereign assertion of the monarchical principle. Not surprisingly, Hegel hailed the French _Charte_ of June 1814 as a beacon of freedom. Endorsement of the monarchical principle was meant to prevent the atomized individuals of civil society from gaining control of the state through appeals to popular sovereignty. This challenges most conventional interpretations of Hegel’s theory of the state and draws it closer to the conservative-authoritarian end of the political spectrum than is usual. (shrink)

Christopher Wellman is the strongest proponent of the natural-duty theory of political obligations and argues that his version of the theory can satisfy the key requirement of ; namely, justifying to members of a state the system of political obligations they share in. Critics argue that natural-duty theories like Wellman's actually require well-ordered states and/or their members to dedicate resources to providing the goods associated with political order to needy outsiders. The implication is that natural-duty approaches weaken the particularity requirement (...) and cannot justify to citizens the systems of political obligation they share in. I argue that the critics’ diagnosis of natural-duty approaches is correct, whereas the proposed implication is false. I maintain that 1) only natural-duty approaches can justify political obligations, and that 2) weakening the particularity requirement contributes to the theory's ability to justify a range-limited system of political obligations among compatriots. (shrink)

In section I, I identify several mini-theses embedded in Amartya Sen’s theory of human rights – such theses as that human rights are moral, not legal, rights, that nevertheless they are not rights that are awaiting transformation into legal rights, that an expansive doctrine of human rights can incorporate a broad swath of rights without merely mimicking the catalogues in post-Second World War declarations and covenants, and that not all the obligations generated by human rights are ‘perfect’ obligations.In section II, (...) I argue that, both because ‘freedom’ has many interpretations and because not all human freedoms, even when they are life-enhancing, are to be protected as human rights, the distinctive features of Sen’s version of a freedom-emphasizing doctrine would be clearer if the preferred interpretation of ‘freedom’ and the particular human freedoms to be protected were more explicitly identified.While Sen’s doctrine of human rights is a freedom-emphasizing doctrine, its distinctive features – vis-à-vis competing freedom-focused accounts – would be more clearly etched if it were made clearer what the sense is in which it stresses protection of important human freedoms, especially since he concedes that not all freedoms, even when they are life-enhancing for human beings, should be protected as human rights. (shrink)

One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning political matters. Despite this agreement about the general nature (...) of what is being searched for, a broad division has arisen between political obligation theorists - there are some who take political obligations to actually exist and there are some who take there to be no general political obligation. While there is debate within the camp defending political obligation about what it is that generates the obligations, the common core of all "defender theories" is the fundamental idea that one has a moral requirement to support and obey the political institutions of one's country. Despite utilitarianism's status as one of the major ethical theories, historically, it has largely been dismissed by theorists concerned with political obligation. Within the contemporary debate it is generally accepted that utilitarianism cannot adequately accommodate a robust theory of political obligation. The overarching objective of this dissertation is to challenge this general dismissal of a utilitarian account and to build upon the two accounts which have been developed in offering a robust utilitarian theory of political obligation which can be considered a competitor to the other contemporary theories. However, as this utilitarian account of political obligation develops, the possibility will also emerge for a non-antagonistic relationship between the utilitarian theory on offer and the contemporary political obligation debate. The moral reasons posited by the traditional theories of political obligation can be included in and accommodated by my utilitarian account. The utilitarian account of political obligation can accept that there are many types of reasons explaining why broad expectations concerning individual and group behavior are created, and each type of reason can be understood as supporting the utilitarian claim that there are moral reasons for following the laws and supporting legitimate political authorities. Taken all together, my arguments will take the form of a three tiered response to the prevailing opinion that any utilitarian attempt to account for political obligations is doomed. The first tier contends that the utilitarian can consistently claim that there are moral reasons to follow the law. This is not a particularly strong claim, but it is one which has been denied by the vast majority of political theorists. The second tier of my argument addresses this apparent issue by contending that even the traditional deontological accounts of political obligation are not offering more than this. Lastly, it is contended that, given the contingent features of humans, the strength of the utilitarian political obligations is comparable to other accounts' analyses of the obligations. (shrink)

Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four-year-olds and adults evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations—whether the target belonged to the agent or another person, and whether that other person approved of the (...) action. Moreover, these manipulations influenced judgments for owned objects and body parts in the same way: When the other person approved of the action, participants' judgments were positive regardless of who the target belonged to. In contrast, when that person disapproved, judgments depended on who the target belonged to. These findings show that young children grasp the importance of approval or consent for ownership rights and bodily rights, and likewise suggest that people's notions of ownership rights are related to their appreciation of bodily rights. (shrink)

If one believes that vegetarianism is morally obligatory, there are numerous ways to argue for that conclusion. In this paper, classic utilitarian and rights-based attempts to ground this obligation are considered, as well as Cora Diamond’s reframing of the debate in terms of the proper way to view other animals. After discussion of these three ways to ground the obligation and their problems, an attitude-based approach inspired by Diamond’s view is advanced. It is argued that such a view, by focusing (...) moral attention on the attitudes of agents as opposed to the actions they undertake, captures the important insights of all three views, while offering a better grounding for the obligation. This view is superior in that it succeeds in explaining the wrongness of a problem case, without committing one to rights or to a troublingly subjective understanding of moral concepts. (shrink)

Traditional accounts of the fair play principle suggest that, under appropriate conditions, those who benefit from the cooperative labor of others acquire an obligation of repayment. However, these accounts have had little to say about the nature of such obligations within morally or legally problematic cooperative schemes, taking the matter to be either straightforward or unimportant. It is neither. The question of what sorts of fair play obligations obtain for those who benefit from illicit cooperative activity is a matter of (...) great complexity and consequence with implications for, inter alia, global economic justice. In this essay, I explore the nature of this obligation within illicit cooperative schemes, specifically those with so-called negative externalities, or deleterious effects on non-members of the scheme. I conclude that the willing beneficiaries of such schemes acquire a fair-play obligation to recognize and respond to their culpability. This reconceptualization of the fair play principle opens up new avenues for exploring the obligations of those who benefit from acts of collective wrongdoing. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

In contemporary philosophy about justice, a contrast between empirical and transcendental approaches can be identified. Hillel Steiner represents an empirical approach: he argues for building an account of justice-as-rights out of the minimal inductive material of psychological linguistic and moral intuitions. From this opening, he ultimately concludes that persons have original rights to self-ownership and to an initially equal share of natural resources. Emmanuel Levinas represents a transcendental approach: he argues that justice arises from a transcendent ethical relation of responsibility-for-the-Other. (...) This relation underpins all subjective cognition, and makes rationality, reasoning, and rights possible.Analysis of each of these positions reveals certain problems. On the one hand, Steiner’s argument contains a number of latent methodological, conceptual, and structural presuppositions. These include the pretheoretical concepts of “person”, “equality”, and “consistency”. These presuppositions prefigure and condition the conclusions which Steiner reaches. On the other hand, Levinas fails to provide a convincing account of how the self comes to be an object of my own deliberations about morality and justice. This amounts to an annihilation of the subject which undermines his argument for the subject as a site of responsible action. As Steiner identifies, justice encompasses equal moral agents. Levinas’s hyperbolic description of the ethical relation’s asymmetry must therefore be revised.Nevertheless, what remains is the strength of Levinas’s argument for the priority of the ethical relation over thematization, rationality, and consciousness. The hidden presuppositions supporting Steiner’s work are evidence of Levinas’s plausibility in this respect. Steiner’s account of justice-as-rights requires a prior ethical relation in which we recognise one another as separate persons, each possessing an ethical status of their own; an attitude of justice motivates Steiner’s description of justice. This attitude is evident in language, which is communication before it is thought. In that individual rights can be conceived only on the basis of a relation of responsibility, rights are primordially the rights of the Other. (shrink)

The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions.Other nonconventionalist accounts make problematic concessions to the conventionalist's core instincts, (...) including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer.I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

Drawing on earlier work of the author that is both clarified and amplified here, this article explores the question: what is it for two or more people to intend to do something in the future? In short, what is it for people to share an intention? It argues for three criteria of adequacy for an account of shared intention (the disjunction, concurrence, and obligation criteria) and offers an account that satisfies them. According to this account, in technical terms explained in (...) the paper, people share an intention when and only when they are jointly committed to intend as a body to do such-and-such in the future. This account is compared and contrasted with the common approach that treats shared intention as a matter of the correlative personal intentions, with particular reference to the work of Michael Bratman. (shrink)

This research is divided into two sections. In the first section a deep analysis of the theory of natural law designed by Germain Grisez and John Finnis, known as New Natural Law Theory, is developed, while the second section underlines some criticisms to the thesis supported by the two authors. More in details, the first section highlights the features of the New Classical Theory: on the one hand the elements belonging to the Thomistic tradition, on the other those belonging the (...) analytic area. Moreover the most important theoretical elements of this new philosophical theory are analyzed: the basic goods and the basic requirements of practical reasonableness. The basic goods are essential to build an integral human fulfillment. Instead, the basic requirements of practical reasonableness assess the action criteria, while respecting the natural law. Finally the section includes an highlight on the practical reason and the first principle of morality: “In voluntarily acting for human goods and avoiding what is opposed to them, one ought to choose and otherwise will those and only those possibilities whose willing is compatible with a will toward integral human fulfillment”. The second part of the first section examines in details the laws defined and established by the Governament. The following topics are covered: the Rule of Law, the qualities of a good law, the relationship between human law and natural law, the unjust laws, the link between public authority and people consensus, the principles of justice and freedom, the interaction immoral acts and punishment (main argument of the book “Making Men Moral” by Robert P. George). Within this second section, the Thomistic thesis is used to arise some criticism to the Finnis and Grisez’s ideas, being the main focus on: the foundation of natural law (metaphysics for Aquinas, empirical for Grisez and Finnis), the rejection of the ultimate end, the dynamic of moral action, the pre-morality of the basic goods, basic requirements of practical reasonableness, first principle of practical reason, the moral relevance of intention in actions, the principles of autonomy and self-determination. In the second half the lex humana, according to The Aquinas, is analysed and details are given as far as the purpose and nature of ius positivum, the human law content and validity as it is given by the natural law, the weaknesses of both laws (lex naturalis and lex humana), with the goal of making a comprehensive comparisons between the two. The research deals also with the concept of “common good”, as the set of conditions that is useful to live virtuously and the set of values that produces social cohesion. Finally the complex issue of unjust laws and “imperfect” laws are discussed. (shrink)

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)

Au regard du vieux débat sur la « fuite des cerveaux », le devoir de promouvoir le développement des pays pauvres semblait incompatible avec le droit humain à l’émigration. A l’encontre de cette idée, Jagdish Bhagwati a proposé dans les années 70 une mesure qui permettait au personnel qualifié de quitter les pays pauvres, tout en taxant leur revenu au bénéfice de leurs pays d’origine. Cet article discute (et rejette) trois justifications possibles de la taxe Bhagwati. Il conclut qu’une telle (...) mesure ne peut être défendue ni comme une compensation pour ce que le pays aurait gagné si les diplômés n’avaient pas émigré, ni comme une obligation de réciprocité basée sur l’investissement dans l’éducation, ni comme une mesure de diminution de l’inégalité entre les opportunités des migrants et de ceux qui restent au pays. Si la mobilité géographique va de pair avec la mobilité sociale, taxer les migrants revient à taxer la mobilité sociale, plutôt que les hauts revenus eux-mêmes. (shrink)

El artículo defiende la tesis de que el liberalismo igualitario nos lleva a una teoría de justicia global y, como parte de ésta, a un derecho de inmigración. Así, el peso de la prueba contra la justicia global y la inmigración se desplaza hacia aquéllos que las desean limitar. Un argumento corriente es que las obligaciones especiales hacia nuestros conciudadanos tienen prioridad sobre las obligaciones generales de justicia. El artículo examina argumentos particularistas y reduccionistas a favor de estas obligaciones especiales, (...) y sostiene que éstos no justifican la restricción de la justicia hacia nuestros conciudadanos y tampoco la discrecionalidad total de los estados en el control de sus fronteras. (shrink)

Cultural pluralism is both a fact and a norm. It is a fact that our world, and indeed our society, are marked by a large diversity of cultures delineated in terms of race, class, gender, ethnicity, religion, ideology, and other partly interpenetrating variables. This fact raises the normative question of whether, or to what extent, such diversities should be recognized or even encouraged in policies concerning government, law, education, employment, the family, immigration, and other important areas of social concern.

Coercion and the State: A review of B Sharon Byrd and Joachim Hruschka, Kant's Doctrine of Right: A Commentary by Helga Varden.

The nature of basic equality (what it is that makes us all equals) can have implications not only for the question of the currency of egalitarian justice but also for that of its . The latter question is raised by G. A. Cohen in his critique of John Rawls's theory of justice. In this paper I argue that Rawlsian liberals might provide an answer to Cohen's critique by establishing two distinct kinds of basic equality, thus providing a of basic equality. (...) A first kind of basic equality gains moral relevance in the context of respectful relations between individuals, and establishes egalitarian duties between them. A second kind of basic equality gains moral relevance in the context of respectful relations between the state and individual citizens, and establishes egalitarian duties of the state toward citizens. The strength of Cohen's critique depends, in part, on the fact that Rawls identified only one kind of basic equality while at the same time wishing to defend a dualist account of individual and state duties. (shrink)

Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...) therefore repair the harm they have done. Deterring cheapest cost-avoiders from committing future harms no more justifies imposing liability in tort than deterring future crime justifies hanging the innocent. This is a powerful critique of the economic theory of tort, but it overshoots the mark. As an account of tort law, corrective justice puts the cart before the horse Tort is a law of wrongs, not just a law of redress for wrongs. Repairing harm wrongly done is the next best way of complying with an obligation not to do harm wrongly in the first place. Rights and remedies form a unity in which rights have priority. Corrective justice is thus an essential but subordinate aspect of tort. This paper develops this line of criticism of corrective-justice theory and offers an alternative account of tort that places primary norms of harm avoidance and respect for rights at its center. On this conception, tort isa law of wrongs, but its distinctiveness lies in the content and character of the wrongs with which it is concerned. At its core, tort is concerned with protecting essential conditions of individual agency. (shrink)

This article, while disclosing the conception of rights, their relation to law and their nature, presents the constructive criticism and motivated support of legal personalism, i. e. the original theory presented by prof. A. Vaišvila. This article presents the criticism of terms “positive law” and “natural law”. It emphasizes that the term “natural rights,” while historically very important and common, is rarely used of late. The primary reason for its fall from favor seems to be that it was used in (...) too many different ways and therefore ceased to be useful. So, the author, while defending the indispensable relation between law and morals, offers the term “good morals” instead of “natural law” and also offers to refuse the usage of terms “positive law” and “natural law”. This article represents the view that morality is the source of law. The author accepts a position asserting that the terms “human rights”, “natural rights” and “fundamental moral rights” are synonymous. However, some institutional rights (for example, social rights) flow from statutes, but not morals. (shrink)

The existence of the obligation to follow rules in sport is widely accepted, but there are only a few studies that provide accounts that justify it. Building upon Wolff's challenge to traditional political theories, this study proposes a theory that limits the level of normativity to which participants in sport contests are bound in an effort to maximize their autonomy. Instead of constructing a unitary theory of obligations to follow sport rules, a pluralistic account is offered, one that allows for (...) multiple sources of normativity, thus augmenting the freedom of communities to play games according to their values. (shrink)

In light of the many recent criticisms of Henry Shue's philosophy, this article provides a defense of Shue's philosophical argument for basic rights. The author demonstrates that the latest criticisms made by Thomas Pogge, Michael Payne, and Andrew Cohen misconstrue Shue's position, and therefore fail to overturn the soundness of Shue's argument. Against those who contend that basic rights demand too much, both logically and morally, the author argues that basic rights serve as the minimal threshold for human dignity and (...) the foundation for all other rights. Consequentially, the overall moral landscape is skewed if basic rights are absent. (shrink)

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...) which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists. (shrink)

What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues foundational to such (...) a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as “emergent” goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, and how can environmental human rights be included in justice distributions? (shrink)

In this paper I put forward an ethical argument for the provision of extensive patient choice by the British National Health Service. I base this argument on traditional liberal rights to freedom of choice, on a welfare right to health care, and on a view of health as values-based. I argue that choice, to be ethically sustainable on this basis, must be values-based and rational. I also consider whether the British taxpayer may be persuadable with regard to the moral acceptability (...) of patient choice, making use of Rawls’ theory of political liberalism in this context. I identify issues that present problems in terms of public acceptance of choice, and also identify a boundary issue with regard to public health choices as against individual choices. (shrink)

El autor presenta en este texto diversos aspectos de su propuesta de teoría general de los derechos. Esta teoría toma a los legales como modelo de los derechos en general. Se plantea como primer objetivo la necesidad de esclarecer el discurso de los derechos, tanto por razones teóricas como prácticas, esto es, para detallar el alcance práctico de cada derecho. Este objetivo podría lograrse con la aplicación de categorías fundamentales que analizó W. N. Hohfeld al lenguaje de los derechos. También (...) se pone de manifiesto la naturaleza contenciosa de los derechos así como la complejidad de su estructura interna. Todos esos aspectos se reproducen en el caso de los derechos morales, cuyos singulares problemas de fundamentación también son abordados. El texto se cierra con algunas consideraciones relativas a los posibles titulares de los derechos y a una categoría singular de derechos: los derechos humanos. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is a perfect (...) moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument fails for similar reasons.