This article offers a critical analysis of David Miller’s proposal that liberal immigration policies should be conceptualized in terms of a quasi-contract between receiving nations and immigrant groups, designed to ensure both that cultural diversity does not undermine trust among citizens and that immigrants are treated fairly. This proposal fails to address sufficiently two related concerns. Firstly, an open-ended, quasi-contractual requirement for cultural integration leaves immigrant groups exposed to arbitrary critique as insufficiently integrated and unworthy of trust as citizens. Secondly, (...) the focus on national culture instead of citizenship obfuscates the close link between political membership and political trustworthiness. An examination of two models of interpersonal trust, affective and cognitive,shows that there is no room for the mid-way position associated with a quasi-contract. The effect of grounding political trust in a shared national culture instead of democratic institutions is to normalize the domination of immigrants and citizens alike. (shrink)

Journal of Social Philosophy, EarlyView.

This paper addresses the justice of national self-determination claims and defends a right to self-determination rendered as both a primary right, meaning that it does not require grievances or injustices, and a prima facie right, meaning that it is defeasible by the presence of injustices or the prospect of baneful consequences. The paper’s distinct contribution lies in the ground of this right, arguing that autonomy is not alone sufficient and that a better grounding can be found in a common civic (...) life, understood as a species of the basic good of interpersonal harmony. This basic good, and the norm of self-determination that protects it, rest on the foundation of natural law. The paper manifests the collection’s focus on liberty and security by exploring the claims for liberty proffered by a group desiring collective political autonomy, claims that bear upon the security of the group’s members, the security and liberty of minorities and of people liable to be subjected to illiberal practices, and the security of all who would experience war and violence in conflicts over self-determination. (shrink)

The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy recommendations. In this article, I take issue with this conception of realism. I begin by surveying the way in (...) which it exemplifies what certain political theorists have recently called ‘problem-solving’ realism – a species of realism which they reject as incoherent. These theorists demonstrate that what counts as a ‘feasible’ solution is far harder to establish than most problem-solving realists would have us believe. Applying this general critique to the specific domain of immigration ethics turns out to radically undermine the notion of realism that prevails in this sphere of applied ethics. I conclude that we should therefore revise our conception of what constitutes a genuinely realist approach to the problem of immigration. (shrink)

Journal of Social Philosophy, EarlyView.

Egalitarian theories assume, without defending it, the view that the costs of children should be shared between non-parents and parents. This standard position is called into question by the Parental Provision view. Drawing on the familiar idea that people should be held responsible for the consequences of their choices, the Parental Provision view holds that under certain conditions egalitarian justice requires parents to pay for the full costs of their children, as it would be unfair for non-parents to bear the (...) negative externalities of others’ choices to have children. This article examines closely the Parental Provision view and argues that various possible justifications for it are unsuccessful. In so doing, it brings to light respects in which the choice to have and rear children is special and may not be treated as being on a par with other choices for which we think people should be held responsible. (shrink)

Does Confucianism have anything to contribute to the idea and practice of citizenship? Many critics would argue that it does not, on the grounds that it is inhospitable to values such as individuality, individual rights, equality and democracy. However, these grounds have to be severely qualified. Furthermore, there is no single conception of citizenship, even though the liberal conception stands out as, probably, the most influential one. Recently in the debate on citizenship, many commentators have been highly critical of the (...) liberal conception, precisely for its uncompromising emphasis on individuality and individual rights, which tends to produce a political practice that fails to bring about equality and democratic values. Confucianism has much to contribute to the critique of the liberal conception of citizenship, as well as to the construction of a more viable conception, one that has a better chance to cope with the effects of globalisation. (shrink)

In this article, I argue that the fact of reasonable pluralism (FRP) – a famous Rawlsian assumption about the intellectual demographics of liberal democracies – is not as self-evident as is sometimes thought. The problem with the FRP is that in Political Liberalism Rawls is treating the freedoms and burdens story as being sufficient – in itself – to explain the demographics of reasonable pluralism. The inadequacy of the freedoms and burdens story is an indication that the FRP is empirically (...) underdetermined as a way of glossing the belief demographics of liberal democracies. And it is a reason to wonder whether pluralism is as permanent as Rawls thinks. But worldview disagreements are not necessarily so incorrigible. In response to the FRP, it can be asserted that there is nothing that is inherent in the idea of a liberal democracy to preclude the choice by the citizens of a common worldview. (shrink)

In this article, I argue that the fact of reasonable pluralism (FRP) – a famous Rawlsian assumption about the intellectual demographics of liberal democracies – is not as self-evident as is sometimes thought. The problem with the FRP is that in Political Liberalism Rawls is treating the freedoms and burdens story as being sufficient – in itself – to explain the demographics of reasonable pluralism. The inadequacy of the freedoms and burdens story is an indication that the FRP is empirically (...) underdetermined as a way of glossing the belief demographics of liberal democracies. And it is a reason to wonder whether pluralism is as permanent as Rawls thinks. But worldview disagreements are not necessarily so incorrigible. In response to the FRP, it can be asserted that there is nothing that is inherent in the idea of a liberal democracy to preclude the choice by the citizens of a common worldview. (shrink)

This essay criticizes David Held's proposal of cosmopolitan democracy. Held argues that cosmopolitan realities are emerging, which help to open up the possibility of a cosmopolitan democracy. However, the author argues that Held tends to exaggerate cosmopolitan realities. What Held sees as cosmopolitan realities are international realities rather than cosmopolitan, and what he calls 'transnational civil society' is in fact the product of nation-states. Held endorses 'the institutionalization of cosmopolitan principles', which implies two different institutionalizations, though Held does not explicitly (...) recognize this difference: the global and national institutionalization. However, the global institutionalization of cosmopolitan principles would not only fail to work but also cause undesirable consequences, in particular, global cultural homogenization, while the national one does not deserve the name of cosmopolitanism. Instead of introducing a cosmopolitan democracy, the author proposes that we should utilize and enhance the capacities of nation-states and develop the existing international order so as to cope with global problems. (shrink)

Medical migration appears to be an increasing global phenomenon, with complex contributing factors. Although it is acknowledged that such movements are inevitable, given the current globalized economy, the movement of health professionals from their country of training raises questions about equity of access and quality of care. Concerns arise if migration occurs from low- and middle-income countries to high-income countries. The actions of HICs receiving medical practitioners from LMICs are examined through the global justice theories of John Rawls and Immanuel (...) Kant. These theories were initially proposed by Pogge and Tan and, in this work, are extended to the issue of medical migration. Global justice theories propose that instead of looking at health needs and workforce issues within their national boundaries, HICs should be guided by principles of justice relevant to the needs of health systems on a global scale. Issues of individual justice are also considered within the framework of rights and social responsibilities of individual medical practitioners. Local and international policy changes are suggested based on both global justice theories and the ideals of individual justice. (shrink)

Recent conflicts both within Europe and between Europe and the United States suggest that Europe's current political arrangements need to be adjusted. F.A. Hayek and Jürgen Habermas argued, albeit on very different grounds, for European political integration. Their arguments ultimately are not persuasive, but a “United States of Europe” can be justified—on the basis of its contribution to European security.

Associative duties—duties inherent to some of our relationships—are most commonly discussed in terms of intimate associations such as of families, friends, or lovers. In this essay I ask whether impersonal associations such as state or nation can also give rise to genuinely associative duties, i.e., duties of patriotism or nationalism. I distinguish between the two in terms of their objects: the object of patriotism is an institutionalized political community, whereas the object of nationalism is a group of people who share (...) a common identity, often grounded in a belief in shared history, and an aspiration for collective self-government together. I explore three arguments for the thesis that a special concern for one’s polity and fellow-citizens, or one’s nation and co-nationals, is an associative duty: from reciprocity, from collective self-determination, and from the well-being of compatriots or co-nationals. I argue that the relationship among compatriots is a more plausible contender for generating associative duties than the relationship among co-nationals, although even in this case there are questions whether these are genuinely associative duties, or simply special duties. Although the relationship among co-nationals is a less plausible contender for associative duties, the well-being argument does apply to the relationship among both co-nationals and compatriots. I also suggest that there is a certain privileging of the status quo in the way that associative duties arguments work, because they tend to operate from existing relations and associations. (shrink)

The nation is usually taken to be an expression, and ?nationalism? a defence, of culture. But we may have sanguinary national conflict (as in Northern Ireland or the former Yugoslavia) where cultural difference is small; and we may have minimal conflict (as in Switzerland or Belgium) where cultural difference is great. This essay proposes a shift, away from seeing nations as grounded in culture, to seeing them as grounded in ?identity? ? often forged by historical forces having nothing to do (...) with culture per se. This essay rejects a cultural argument for liberal nationalism (associated with the work of Raz, Miller and Kymlicka among others) precisely because it confounds national identity with common culture. Since nations diverge despite a common culture, ?common culture? cannot explain them. Identity is more fundamental. It persists where culture changes. (shrink)

The associative argument for political obligation has taken an important place in the debate on political obligation. Proponents of this view argue that an obligation to obey the government arises out of ties of affiliation among individuals who share the same citizenship. According to them, relationships between compatriots constitute basic reasons for action in the same way in which relationships between family members or friends do. As critics point out, this account of the normative force of relationships has counterintuitive implications: (...) if relationships between people sharing the same citizenship make up basic reasons for action, then relationships between people sharing other attributes, for example, relationships between racists or sexists form basic reasons for action too. In this essay, I pursue a modified version of the associative approach that is not vulnerable to this objection. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

Ethical theories normally make room both for global duties to human beings everywhere and special duties to those we are attached to in some way. Such a split-level view requires us to specify the kind of attachment that can ground special duties, and to explain the comparative force of the two kinds of duties in cases of conflict. Special duties are generated within groups that are intrinsically valuable and not inherently unjust, where the duties can be shown to be integral (...) to relationships within the group. Since nations can be shown to meet these conditions, acknowledging special obligations towards compatriots is justified. However for such partiality to be reasonable, it must be balanced against recognition of duties of global justice. These duties include duties to respect human rights and duties of fairness towards non-nationals. Weighing such duties against domestic duties of social justice is not a simple task, and the outcome should depend on the precise specification of the duty at stake. In particular, the duty to respect human rights fragments into four sub-duties whose force when set against local duties is markedly different. (shrink)

The concept of solidarity has been receiving growing attention from scholars in a wide range of disciplines. While this trend coincides with widespread unsuccessful attempts to achieve solidarity in the real world, the failure of solidarity as such remains a relatively unexplored topic. In the case of the so-called European Union refugee crisis, the fact that EU member states failed to fulfil their commitment to solidarity is now regarded as established wisdom. But as we try to come to terms with (...) failing solidarity in the EU we are faced with a number of important questions: are all instances of failing solidarity equally morally reprehensible? Are some motivations for resorting to unsolidaristic measures more valid than others? What claims have an effective countervailing force against the commitment to act in solidarity? (shrink)

How should patriotism be handled in schools? We argue that schools cannot afford to ignore the topic, but nor are they justified in either promoting or discouraging patriotic feeling in students. The only defensible policy is for schools to adopt a stance of neutrality and teach the topic as a controversial issue. We go on to show that there is general support among British teachers and students for school neutrality on patriotism and that the currently preferred classroom practice is to (...) address patriotic ideas in the context of open discussion. We conclude with some discussion of the extensive and often hostile coverage of our research in the British press. (shrink)

In this article I argue that while an attachment to one's country is both natural and even partially justifiable, cultivating loyal patriotism in schools is untenable insofar as it conflicts with the legitimate aims of education. These aims include the epistemological competence necessary for ascertaining important truths germane to the various disciplines; the cultivation of critical thinking skills ; and developing the capacity for economic self‐reliance. I argue that loyal patriotism may result in a myopic understanding of history, an unhealthy (...) attitude of superiority relative to other cultures, and a coerced sense of attachment to one's homeland. (shrink)

Traditional liberalism's blindness to cultural concerns has often come under fire, while so‐called “liberal multiculturalism” has made it its business to take a good look at the place of culture within liberal law. According to them, cultural minorities should be recognized. In my opinion, however, their proposals, in fact, almost entirely preclude the possibility that cultural minorities would receive recognition within liberal society. In what follows, I explain my view of these matters and, above all, argue for a more vital (...) understanding of cultural minorities. This will entail presenting a comprehensive view of minority rights within liberal society. (shrink)

As an Israeli writing at the turn of the twenty-first century, I have become accustomed to hearing the word ‘settlement’ used by liberals almost invariably as a derogatory term. The Jewish settlements to the west of the Jordan river, now populated by close to a quarter of a million Jews, are often said to be a central obstacle to peace in the Middle East, as well as being immoral in and of themselves. Consistent liberals realize that this attitude poses a (...) problem for the endorsement of the Zionist effort altogether, since settlement has been a central tenet of this doctrine from the start and the main practical tool for achieving its goals within contested territories. It was also the primary apparatus for achieving Western control over North America, Australia, and New Zealand, wholly at the expense of the aboriginal inhabitants of those places. This, too, is the source of a great deal of contemporary liberal breast-beating. (shrink)

The best arguments for a nation-state’s right to exclude unwanted outsiders actually condemn nation-level regimes of restriction. Two argumentative steps lead to this conclusion. The first points out that the best arguments for exclusion generalize: if they show that nation-states have the right to exclude, they perform the same service for a great many towns, cities, subnational states, and provinces. The second step constructs a dilemma. The right to exclude is important enough to justify the suffering of would-be immigrants, or (...) it is not. If it is, the right to exclude is very important indeed–would-be immigrants often suffer grievously. But nation-level regimes would then be a serious moral problem: they would deprive a great many municipalities of a right that matters a great deal. Turning to the dilemma’s second horn, if the right to exclude is not important enough to justify the suffering of would-be immigrants, nation-level regimes are straightforwardly immoral. Either way, we arrive at this paper’s central thesis: the best arguments for a nation-states right to exclude actually condemn nation-level regimes of exclusion. (shrink)

Según cuentan algunos de sus colegas y discípulos, al momento de su temprana muerte, en 1993, Carlos Nino estaba comenzando a estudiar la posibilidad de trasladar sus teorías al plano internacional. En este trabajo pretendo retomar al menos un aspecto de aquel proyecto, preguntándome cómo hubiera trasladado Nino su teoría de la democracia al plano global. En otras palabras, intentaré especular respecto de cómo podrían insertarse las ideas nineanas en la discusión actual en materia de democracia global. Mi hipótesis es (...) que, por un lado, Nino habría reclamado la creación de nuevas instancias de participación popular en los procesos de creación e implementación del derecho internacional; pero a la vez, por otro lado, habría defendido el núcleo duro de la “constitución histórica” del derecho internacional, basada en un sistema interestatal y descentralizado. According to some of his colleagues and disciples, when Carlos Nino died, in 1993, he was beginning to work on a project trying to extrapolate his theories to the international realm. In this paper, I pick up at least an aspect of that project, and I analyze how Nino would have extrapolated his theory of democracy to the global arena. In other words, I speculate regarding how could Nino’s ideas be inserted into the current debates on global democracy. My hypothesis is that, on the one hand, Nino would have demanded new instances of popular participation in the processes of creation and implementation of international law, and on the other hand, that he would have somehow defended the “historical constitution” of the international community, based on an decentralized, inter-state system. (shrink)

The article makes two substantive contributions to the existing literature on the ethics of international assistance and global justice. First, it builds what we take to be a widely held set of propositions about international assistance into a consistent view, and articulates a strong case against its desirability. Second, it sketches a more attractive alternative. To do so the article uses Sen’s idea of agent-oriented development as a starting point while at the same time providing a generalization of Sen’s account (...) and a justificatory framework that does not rely on the capability approach. (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)

Arguments from stability for liberal nationalism rely on considerations about conditions for the feasibility or stability of liberal political ideals and factual claims about the circumstances under which these conditions are fulfilled in order to argue for nationalist conclusions. Such reliance on factual claims has been criticised by among others G. A. Cohen in other contexts as ideological reifications of social reality. In order to assess whether arguments from stability within liberal nationalism, especially as formulated by David Miller, are vulnerable (...) to a comparable critique, the rationale for their reliance on factual claims is discussed on the basis of a number of concerns in John Rawls’s political liberalism. The concern with stability in liberal nationalism differs from stability in Rawls’s work, mainly because of the stronger non-ideal or ‘realist’ focus of the former. In so far as the ‘realism’ of arguments from stability for liberal nationalism is recognized, they are not vulnerable to the reification charge. But if the arguments are construed as realist, this at the same time makes for other tensions within liberal nationalism. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovere...

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovereign state, the nation-state, or some variant of a cosmopolis both represents the unfolding of history’s moral logic and offers us full moral personhood, agency, and maturity. Despite the received wisdom that modern political thought broke with teleology, I argue that early modern social contract theory was deeply teleological. The emergence of the normatively self-contained sovereign (...) state from the state of nature represented both decisive historical-moral progress from the medieval European non-state polities and the possibility of true moral personhood, thanks to the unity of will and judgment created by a unified authority structure. The article then argues that this overattachment to unity, both as an historical culmination and as a prerequisite to full personhood, was carried over into subsequent nationalist and cosmopolitan thought, where we see over-moralizations of historical processes, excessive claims for the teleological causal force of moral progress, and critiques of the immaturity of those persons who do not live in the recommended political form. The article closes with a sustained critique of both historical and individual-moral teleologies of these sorts. (shrink)

Solidarity is crucial for realizing justice, securing public goods, and reducing domination. Yet there have been few theoretical studies of its threats and vulnerabilities. In this paper I fill this lacuna, outlining four approaches to what undermines solidarity and considering their implications for contemporary political theory. I begin by reviewing the empirical literature on solidarity, noting that its focus on diversity and individuation has yielded inconclusive results. I then develop four alternative threats to solidarity by drawing from the history of (...) political thought, social theory, and religious studies: interpersonal dependence (Jean-Jacques Rousseau); radical evil (Immanuel Kant); self-dissolution (Émile Durkheim); and moral spectatorship (Emmanuel Levinas). Taking these threats into account, I conclude, should significantly impact our normative theorizing about solidarity. In particular, it should encourage a research agenda that attends to solidarity’s affective, esthetic, and non-rational sources. (shrink)

In 2005 the member states of the United Nations recognized a “responsibility to protect” (“R2P”) victims of mass atrocities such as genocide, war crimes, and crimes against humanity. They acknowledged a special role for the U.N. Security Council in responding to these atrocities, including potentially authorizing military action using its extensive powers under Chapter VII of the U.N. Charter. However, the Council has very rarely been able to agree on appropriate action, and the five permanent Council members (“P5”), most notably (...) China and Russia, have often vetoed or threatened to veto Council resolutions authorizing R2P action. The article argues that the veto poses a major impediment to the Council acting on its R2P responsibilities, and that to resolve it, the P5, and all U.N. member states, need to agree on a common ethical approach. The article proposes such an approach based on ethical concepts that are widely endorsed by states, especially in the U.N. Charter and the Universal Declaration of Human Rights, and explores its implications for legal and ethical controversies relating to the role of the Council, its obligations under R2P, and proposed reforms of the veto. (shrink)

Trust is a central element of any well-functioning democracy, and the fact that it is widely reported to be on the wane is a worrisome phenomenon of contemporary politics. It is therefore critical that political and social philosophers focus on efforts by which to rebuild trust relations. I argue that a shared public culture is up to the task of trust-building, for three reasons. First, a shared public culture gives citizens an insight into the motivations that inspire fellow citizens to (...) action. Second, a shared public culture serves to generate both positive and negative sanctions, an understanding of which helps citizens to predict how their fellow citizens will behave. Third, a shared public culture generates a sense that we belong together. There are, of course, many communities that can reasonably be interpreted as having a shared public culture, even though they are characterized by low levels of trust. This observation leads me to suggest two features that a shared public culture must have in order to facilitate the emergence of trust relations: citizens must be willing to cooperate and they must be willing to submit to common institutions that will be responsible for coordinating this large-scale cooperation. If these conditions are fulfilled, a shared public culture will serve as a reliable source of trust relations. (shrink)

This article examines Swedish, Danish and Norwegian governments’ participation in the European Return Platform for Unaccompanied Minors project and its failed attempts to deport unaccompanied minors to Afghanistan. It argues that ERPUM is an interesting and urgent case of a “deportation corridor”, and suggests that this framework can benefit from analysis through normative and applied ethics and in particular discussions of feasibility constraints. It therefore identifies and critically assesses two nationalistic arguments for deportation common in Nordic politics, based on appeals (...) credibility and humanitarianism. Considering the growth of nationalistic immigration policies in Nordic states, the article turns the usual discussions of feasibility on its head by showing that not only cosmopolitan, but also nationalistic ethics must face up to charges of lacking realism. More specifically, it argues that the case of ERPUM illustrates how nationalistic deportation ethics can rely on inconsistent normative and erroneous empirical assumptions, which can be criticized for their arbitrariness, ideological grounding and lacking feasibility. (shrink)

Questions of political identity and citizenship, raised by thecreation of the `new Europe', pose new questions that politicaltheorists need to consider. Reflection upon the circumstances ofthe new Europe could help them in their task of delineatingconceptual structures and investigating the character ofpolitical argument.Does it make sense to use concepts as `citizenship' and`identity' beyond the borders of the nation-state? What does itmean when we speak about `European Citizenship' and `EuropeanIdentity'?It is argued that the pluralism that has led theorists tooffer a conception (...) of citizenship based upon principles of right,rather that the common good, applies even more strongly at thelevel of the European political order. Developing a contractariantheory of federation, an account of the basis of a Europeancitizenship will be offered in which federalism emerges out of anoverlapping consensus of European citizens on the terms of theirpolitical association.`European Citizenship' and `European Identity' are discussedin the context of the so-called `European Union', and not in thewider context of Europe `as a whole', or for that matter on aneven broader `cosmopolitan' scale. However, the gist of the articleis that arguments for concepts of `citizenship' and `identity'that go beyond borders of nation-states and that are applied tothe `European Union', could have implications for an even widerapplication.Finally, and in conclusion, the (empirical) context will beelaborated in which the normative concept of shared liberalcitizenship identity should be realized on a pan-national,European level. (shrink)

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses from supporters of (...) national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (shrink)

This article assesses Richard Vernon's attempted reconciliation of compatriot preference with global justice by analyzing the iteration proviso (IP), which says that a group of people can legitimately set out to confer special advantages upon each other if others, outside that group, are free to do the same in their own case. Part I outlines how duties to outsiders are typically characterized in two leading accounts of global justice — moral universalism and associativism. The IP is motivated by Vernon's desire (...) to transcend the binary opposition between, and the limitations of, these two views. Part II sketches the version of contractualism that Vernon deploys to surmount these limitations and explains the role of the IP therein. Part III elucidates two different interpretations of the IP and shows that neither seems plausible. (shrink)

The Asher’s Bakery case raises questions around discrimination against political causes and freedom of religious conscience. Using the Asher’s case, this essay builds on Kasper Lippert-Rasmussen’s work to develop a theory of discrimination which accounts for discrimination of political causes. The essay explores the normative implications of this account including the rights members of salient political causes, and discusses various objections; in particular, how discrimination claims should be balanced against freedom of religious conscience in a liberal society and how religion’s (...) ‘specialness’ can be defended. By offering a critique of the Asher’s case, the essay aims to provide a framework for dealing with similar cases where claims of discrimination from political groups meet claims of religious discrimination. (shrink)