States combine the routine refusal of citizenship to migrants with policies that grant newborns of citizens (or residents) full membership of society without questions asked. This paper asks what, if anything, can justify this differential treatment of the two types of newcomers. It explores arguments for differential treatment based on the differential environmental impact, different impact on the (political) culture of the society in question and differences between the positions of the newcomers themselves. I conclude that, although some justification for (...) differential treatment exists, the case for it is weaker than one may expect and the grounds on which it can be justified are surprising and problematic. (shrink)

Should involuntarily childless people have the same opportunities to access parenthood as those who are not involuntarily childless? In the context of assisted reproductive technologies, affirmative answers to this question are often cashed out in terms of positive rights, including rights to third-party reproduction. In this paper, we critically explore the scope and extent to which any such right would hold up morally. Ultimately, we argue for a departure away from positive parental rights. Instead, we argue that the state has (...) an imperfect duty to benefit involuntarily childless people in relation to their parental aspirations. (shrink)

In this paper I analyse how procreative freedom poses a challenge for rule-consequentialism. First, I reconstruct the rule-consequentialist case for procreative freedom. Second, I argue that population scenarios resulting from very low fertility pose a problem for rule-consequentialism since such scenarios cannot secure population growth or even avoid human extinction in the long run. Third, I argue that population scenarios resulting from excessive procreation also pose a problem for rule-consequentialism since they are incompatible with the promotion of optimific consequences in (...) various ways. Were the rule-consequentialist to avoid these types of scenarios, the challenge would consist in doing so while retaining the liberal approach to individual rights and freedoms that made rule-consequentialism an advantageous competitor against moral theories like act-consequentialism. These population scenarios raise more general questions about how rule-consequentialism ought to conceptualise the application of universal rules in the long-term, intergenerational context. This is an important place for inquiry given that rule-consequentialism is originally conceived as a forward-looking theory. (shrink)

Most of us believe that it would be unjust to act with indifference about the plight of future generations. Zipper arguments in intergenerational justice aim to show that we have duties of justice regarding future generations, regardless of whether we have duties of justice to future generations. By doing so, such arguments circumvent the foundational challenges that come with theorising duties to remote future generations, which result from the non-existence, non-identity and non-contemporaneity of future generations. I argue that zipper arguments (...) face several significant challenges. The ought-implies-can challenge points out that because prior generations determine what later generations can transfer, they determine how much they ought to transfer. In addition, both intentional and non-intentional non-compliance can break the chain of duties towards future generations on which zipper arguments rely. Some versions are surprisingly resilient especially in real-world circumstances. This paper does not show that zipper arguments inevitably fail, but all ways forward come at significant theoretical costs. Unless the challenges posed here are met (or shown as irrelevant), theorists of justice cannot side-track the foundational challenges that come with doing intergenerational justice. (shrink)