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En este trabajo desarrollo un modelo normativo sobre la obligación de continuidad de tratamiento beneficioso hacia los sujetos de investigación desde la perspectiva de la justicia social o distributiva, inspirado en la teoría de la justicia de John Rawls. Llamo a esto, el modelo de reciprocidad democrática. La idea original del modelo de reciprocidad democrática es defender que la obligación de continuidad de tratamiento beneficioso tiene como derecho correlativo el derecho a la salud. Así, dentro del marco rawlsiano, argumento que (...) |
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Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...) |
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On the shared-ends account of close friendship, proper care for a friend as an agent requires seeing yourself as having important reasons to accommodate and promote the friend’s valuable ends for her own sake. However, that friends share ends doesn't inoculate them against disagreements about how to pursue those ends. This paper defends the claim that, in certain circumstances of reasonable disagreement, proper care for a friend as a practical and moral agent sometimes requires allowing her judgment to decide what (...) |
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Allen Buchanan argues that it doesn’t matter whether a state has authority in the sense of being able to create binding obligations for its citizens, so long as it is morally justified in wielding political power. In this paper, I look at this issue from a slightly different angle. I argue that it matters a great deal whether citizens relate to their state in an obligatory fashion. This is for two reasons. First, a fully morally justified state must be an (...) |
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This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...) |
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According to the special-obligations challenge to the justice argument for more open borders, immigration restrictions to wealthier polities are justified because of special obligations owed to disadvantaged compatriots negatively impacted by the immigration of low-skilled foreign workers. We refute the special-obligations challenge by refuting its empirical premise and draw out the normative implications of the empirical evidence for border policies. We show that immigration to wealthier polities has negligible impact on domestic wages and that only previous cohorts of immigrants are (...) |
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In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. The practice is widely condemned by courts, which strenuously attempt to prevent it. Nevertheless, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing (...) |
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It is often argued that if one holds a liberal political philosophy about individual rights against the state and the community, then one cannot consistently say that a state that violates those principles is owed the right of noninterference. How could the rights of the collective trump the rights of individuals in a liberal view? I believe that this debate calls for more reflection, on the relation between liberalism and individualism. I will sketch a conception of liberalism in which there (...) |
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The traditional problem of evil sets theists the task of reconciling two things: God and evil. I argue that theists face the more difficult task of reconciling God and evils that God is specially obligated to prevent. Because of His authority, God's obligation to curtail evil goes far beyond our Samaritan duty to prevent evil when doing so isn't overly hard. Authorities owe their subjects a positive obligation to prevent certain evils; we have a right against our authorities that they (...) |
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Daniel Kofman | : La littérature philosophique récente concernant les droits juridictionnels suppose qu’on puisse les justifier par une « théorie des droits territoriaux », sans faire appel à une théorie de l’autodétermination. Or les principes d’autodétermination des peuples devraient déterminer les principes des frontières juridictionnelles, et non le contraire. Les « droits territoriaux » sont essentiellement des droits de gouvernance, lesquels découlent eux-mêmes des principes d’autodétermination. Pour défendre ces thèses, je critique les arguments de Brilmayer, Simmons, et Stilz. | (...) |
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This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...) |
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Abstract:This paper is a preliminary attempt to better understand the concept of legitimacy in stakeholder theory. The normative component of stakeholder theory plays a central role in the concept of legitimacy. Though the elaboration of legitimacy contained herein applies generally to all “normative cores” this paper relies on Phillips’s principle of stakeholder fairness and therefore begins with a brief description of this work. This is followed by a discussion of the importance of legitimacy to stakeholder theory as well as the (...) |
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Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and successfully) (...) |
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A democratic society cannot flourish if its citizens merely pursue their own narrow interests. If it is to do more than survive, at least a substantial proportion of its citizens must fulfill responsibilities that go beyond simply avoiding the violation of others' rights and occasionally casting a vote. The vitality and success of a democracy requires that many citizens — ideally all of them — contribute something to their communities and participate responsibly in the political process. The disposition to do (...) |
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Numerous grounds have been offered for the view that healthcare workers have a duty to treat, including expressed consent, implied consent, special training, reciprocity (also called the social contract view), and professional oaths and codes. Quite often, however, these grounds are simply asserted without being adequately defended or without the defenses being critically evaluated. This essay aims to help remedy that problem by providing a critical examination of the strengths and weaknesses of each of these five grounds for asserting that (...) |
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The sovereignty of the people, it is widely said, is the foundation of modern democracy. The truth of this claim depends on the plausibility of attributing sovereignty to “the people” in the first place, and I shall express skepticism about this possibility. I shall suggest as well that the notion of popular sovereignty is complex, and that appeals to the notion may be best understood as expressing several different ideas and ideals. This essay distinguishes many of these and suggests that (...) |
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Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...) |
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Many find it plausible that for a given beneficiary, Y, benefactor, R, and action, ϕ, Y’s being grateful to R for ϕ-ing implies Y’s being grateful that R ϕ-ed. According to some philosophers who hold this view, all instances of gratitude to, or “prepositional gratitude,” are also instances of gratitude that, or “propositional gratitude.” These philosophers believe there is a single unified concept of gratitude, a phenomenon that is essentially gratitude that, and whose manifestations sometimes have additional features that make (...) |
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The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...) |
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Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the principle of (...) |
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A very common but untested assumption is that potential children would consent to be exposed to the harms of existence in order to experience its benefits. And so, would-be parents might appeal to the following view: Procreation is all-things-considered permissible, as it is morally acceptable for one to knowingly harm an unconsenting patient if one has good reasons for assuming her hypothetical consent—and procreators can indeed reasonably rely on some notion of hypothetical consent. I argue that this view is in (...) |
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Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) |
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Thomas Hobbes has recently been cast as one of the forefathers of political realism. This article evaluates his place in the realist tradition by focusing on three key themes: the priority of legit... |
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In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. Though the practice is widely condemned by courts, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing unjust harms to others, jurors are (...) |
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Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal of open borders is (...) |
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In this paper, I explain the demands of filial obligations from act and rule consequentialism. More specifically, I defend a rule-consequentialist explanation of filial obligations, and identify a few factors in relation to the determination of filial demands; they include the costs of internalization of filial obligations, and the proportions of the young and the old generations in a population pyramid. I believe that in a society with an aging population, we may accept a strong view of filial obligation. Towards (...) |
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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 (...) |
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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 (...) |
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The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements stemming (...) |
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This article aims to provide some insight into the nature and content of the theory of associative political obligation. It does this by first locating the view in the wider debate on political obligation, analyzing the view in terms of four central elements that are shared by many of its versions, and then discussing important criticisms that have been made of each of these, as well as some rejoinders by defenders of the theory. |
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I argue that obligations of an important type inhere in what I call 'joint commitments'. I propose a joint commitment account of everyday agreements. This could explain why some philosophers believe that we know of the obligating nature of agreements a priori. I compare and contrast obligations of joint commitment with obligations in the relatively narrow sense recommended by H. L. A. Hart, a recommendation that has been influential. Some central contexts in which Hart takes there to be obligations in (...) |
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The dominant conventionalist view explains the wrong of breaking a promise as failing to do our fair share in supporting the practice of promise-keeping. Yet, this account fails to explain any unique moral standing that a promisee has to demand that the promisor keep the promise. In this paper, I provide a conventionalist response to this problem. In any cooperative practice, participants stand as both beneficiary and contributor. As a beneficiary, they are morally required to follow the rules of the (...) |
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Many maintain that if a beneficiary has a right to a benefit provided by his benefactor, then the former cannot owe the latter gratitude for that benefit. In this paper I argue against that view. I provide examples in which benefactors provide others with benefits to which they have a right even though most others are denying them that right. These benefactors are moral standouts; they do what is right when most similarly situated agents fail to do so. I then (...) |
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En el Critón de Platón se recurre a un interesante argumento utilitarista para justificar la obligación política de los ciudadanos. El argumento sostiene que la violación de las leyes lleva a la destrucción de cualquier sistema jurídico y acarrea resultados perjudiciales para los miembros de la comunidad. En este trabajo realizaremos un análisis crítico del argumento bajo los postulados de tres corrientes utilitaristas: el utilitarismo de acto, la generalización utilitarista y el utilitarismo de regla. Veremos cómo esta clase de argumentación (...) |
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Microfinance aims to better the livelihoods of the bottom of the pyramid by providing them with financial services. However, recent studies show that microfinance can have adverse effects, leading clients into over-indebtedness. This dissertation argues that microfinance clients are by default vulnerable and offers ways to rethink microfinance as client-centered, presuming a responsibility for client protection. Part I discusses the vulnerability of clients and the centrality of their protection. Part II analyzes the causes and consequences of overindebtedness and suggests state (...) |
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The present paper focuses on the complex relation between ethics andpolitics in Plato’s Crito. While the issue is presented from a contemporaryperspective, the problems of civil disobedience and politicalobligation are the present study’s primarily concern. The issue of civildisobedience concerns moral reasons for breaking the law, whereasthe concept of political obligation refers to a moral duty to obey the law.When disagreeing with the view that Socrates in the dialogue arguesfor an unconditional obedience to the state, the article builds on theApology. (...) |
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Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's ‘liberty condition’: that, after the social contract, each ‘nevertheless obeys only himself and remains as free as before’. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the ‘legitimacy’ of social arrangements. I (...) |
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Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) |
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Though questions of political obligation have long been central to liberal political theory, discussion has generally focused on voluntaristic aspects of the individual's relationship to the state, as opposed to other factors through which the state is able to ground compliance with its laws. The individual has been conceptualized as naturally without political ties, whether or not formally in a state of nature, and questions of political obligation have centered on accounting for political bonds.Footnotes* For helpful comments on and discussion (...) |
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ABSTRACT:We discuss workers’ dignity in hierarchical organizations. First, we explain why a conflict exists between high-ranking individuals’ authority and low-ranking individuals’ dignity. Then, we ask whether there is any justification that reconciles hierarchical authority with the dignity of workers. We advance a communitarian justification for hierarchical authority, drawing upon Confucianism, which provides that workers can justifiably accept hierarchical authority when it enables a certain type of social functioning critical for the good life of workers and other involved parties. The Confucian (...) |
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When individuals receive benefits as a result of the burdens assumed by other people, they are expected to make a return in similar form. To do otherwise is considered as a failure to treat those other people with appropriate respect. It is this which justifies the expectation that individuals share in the labour that is necessary to preserve just institutions and productive practices that characterise complex schemes of social cooperation. In this paper, I argue that where benefits do not meet (...) |
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Which role can physical proximity play in our thinking about the foundations of political community in a world where, due to political, economic and technological developments, we seem to live side by side with virtually everyone globally? This article interrogates this question in conversation with Kant’s political thought, where proximity makes a prominent appearance both as a foundation of statehood and of cosmopolitan community. I argue that, as a scalar criterion, the idea of proximity cannot serve as a particularisation principle (...) |
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