Una de las cuestiones que debería preocupar más a la teoría de la justicia global es la enorme desigualdad de salud que hay en el mundo. En este artículo, se repasan las causas de la desigualdad global de salud y los argumentos éticos a favor y en contra de la necesidad de tratar dicha desigualdad desde la perspectiva de la justicia global. Tras rechazar los argumentos en contra tanto del libertarismo de derechas como del estatalismo, y tras exponer las críticas (...) tanto al lenguaje de los derechos humanos como a la propuesta poggeana de reducir los deberes de la justicia global a deberes morales negativos, defiendo la necesidad de partir de un criterio de justicia global suficientista y basado en los deberes morales positivos para afrontar la gravedad y la urgencia moral que suponen las desigualdades globales de salud. (shrink)

The Cosmopolitan idea of the World Government is quite rarely proposed in theory of international relations. Kant already claimed that this idea oscillates between anarchy and brute despotism. This is the reason why he described this standpoint as naive. The author tries to show that alternative theories, such as realism, Kantian and Rawlsian versions of statism and the conception of multilayered scheme of sovereignty, lead to more serious problems. The first one is rejected for the reason of the 'prisoner's dilemma' (...) it implies. It is also argued that the Kantian version of statism is either inconsistent, or allows for totalitarian states if they have peaceful international politics. Many liberals reject Rawls's position because of his tolerant attitude towards 'decent peoples'. On the other hand, the conception of multilayered scheme of sovereignty is dismissed because of the non-existence of a unified decision-making procedure in global politics. At the end of the paper, the author defends Classical Cosmopolitanism theory from Kant's objections and indicates the main obstacles to its realization. Kosmopolitska ideja o svetskoj vladi je redje zastupana teza u teoriji medjunarodnih odnosa. Jos je Kant uputio takvoj ideji prigovor da vodi ili u anarhiju ili u bezdusni despotizam. Zbog toga je takav kosmopolitizam nazivao naivnim. Autor zeli da ukaze na ozbiljnije nedostatke alternativnih teorija poput realizma, Kantove i Rolsove verzije drzavizma, kao i viseslojne sheme suvereniteta. Jedan od osnovnih problema realizma kao tradicionalne teorije jeste slucaj zatvorenikove dileme. Kantova verzija drzavizma je ili nekonzistentna, ili dozvoljava postojanje totalitarnih rezima sa miroljubivom spoljnom politikom. S druge strane, Rolsovo tolerisanje pristojnih naroda predstavlja znacajan ustupak realizmu. Ideji multifunkcionalizma nedostaje jedinstveni princip odlucivanja na globalnom planu. Na kraju teksta autor pokusava da pokaze kako ideja klasicnog kosmopolitizma moze da izadje na kraj sa Kantovim prigovorima, kao i da ukaze na glavnu prepreku za ostvarenje takve ideje. (shrink)

This article examines two potential Rawlsian arguments, namely the moral dualism argument and the educative effect of institutions argument as regards the extension of the primary subject of justice to personal conduct. The article makes two claims. First, while moral dualism is a logical step to make, it suffers from a potential conflict between the principles that apply to institutions and those that govern personal conduct. Second, despite the attractive features of the educative effect of institutions argument, an explanative gap (...) has to be filled in order to account for how and why individuals comply to just institutions. In the end, the article concludes that extending Rawls’s theory of justice to include personal conduct may be difficult to sustain. (shrink)

A central feature of experimental development economics is the use of randomized controlled trials (RCTs) to evaluate the effectiveness of prospective socioeconomic interventions. The use of RCTs in development economics raises a host of ethical issues which are just beginning to be explored. In this article, I address one ethical issue in particular: the routine use of the status quo as a control when designing and conducting a development RCT. Drawing on the literature on the principle of standard care in (...) medical research ethics, as well as considerations of distributive justice in non-ideal circumstances, I argue that the practice of using the status quo as a control is ethically justifiable. However, I add an important qualification based on the natural duty of rescue to address the concern that my account is overly permissive. (shrink)

Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as general solutions. The main reasons concern how best to realize all human rights for all. Conflicts among human rights are more defensibly addressed by checking whether the conflict has been correctly diagnosed: Do human rights as (...) a whole get due priority? Have feasibility considerations inherent in human rights been considered, and the possibility of bringing in additional dutybearers? If a conflict among human rights is genuine, formal principles for priority setting are of some help. Sometimes, it is clear that these should be “upgraded” to substantive principles and sometimes that they should not. Many cases, however, are as yet unclear and will need further investigation. (shrink)

The concept of freedom as non-domination that is associated with neo-republican theory provides a guiding ideal in the global, not just the domestic arena, and does so even on the assumption that there will continue to be many distinct states. It argues for a world in which states do not dominate members of their own people and, considered as a corporate body, no people is dominated by other agencies: not by other states and not, for example, by any international agency (...) or multi-national corporation. This ideal is not only attractive in the abstract, it also supports a concrete range of sensible, if often radical international policies. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international (...) and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

Se presenta una versión de la teoría crítica de la justicia que se estructura en el programa de fundamentación de la ética del discurso, tomando el principio de responsabilidad, introducido por K. O. Apel, como guía normativa para la intervención en las sociedades reales. Esta guía que se especifica en la condición de sujetos de diálogo, permite identificar y desarrollar los elementos constitutivos de la teoría. Las capacidades, como métrica de justicia, y un principio suficientarista, que trabaja conjuntamente con el (...) de diferencia, son elementos que pretenden asegurar la condición de sujetos de diálogo. The article presents a version of the critical theory of justice structured on the basis of the grounding program for discourse ethics, taking the principle of responsibility introduced by K. O. Apel, as a normative guide for intervention in real-world societies. This guide, which is specified in the condition of subjects of dialogue, makes it possible to identify and develop the theory’s constitutive elements. Capacities, as a metric of justice, and a sufficientarian principle that works jointly with that of difference are the elements that aim to ensure the condition of subjects of dialogue. Apresenta-se uma versão da teoria da crítica da justiça que se estrutura no programa de fundamentação da ética do discurso, tomando o princípio de responsabilidade, introduzido por K. O. Apel, como guia normativo para a intervenção nas sociedades reais. Esse guia, que se especifica na condição de sujeitos de diálogo, permite identificar e desenvolver os elementos constitutivos da teoria. As capacidades, como métrica de justiça, e um princípio suficientarista, que trabalha conjuntamente com o de diferença, são elementos que pretendem garantir a condição de sujeitos de diálogo. (shrink)

Cosmopolitanism and statism represent the two dominant liberal theoretical standpoints in the current debate on global distributive justice. In this paper, I will develop a feminist argument that recommends that statist approaches be rejected. This argument has its roots in the feminist critique of liberal theories of social justice. In Justice, Gender, and the Family Susan Moller Okin argues that many liberal egalitarian theories of justice are inadequate because they assume a strict division between public and private spheres. I will (...) argue that this inadequacy is replicated in statist approaches to global justice. To demonstrate this, I will show how an analogue of Okin's critique of Rawls's A Theory of Justice can be extended to his The Law of Peoples. I will conclude that statist theories inevitably assume a strong divide between public and private spheres and that by doing so they allow for situations marked by gross injustice which anyone concerned with the welfare of the world's most vulnerable should find unacceptable. (shrink)

The paper questions the scientific rather than ideological problem of an eventual biological successor of the mankind. The concept of superhumans is usually linked to Nietzsche or to Heidegger’s criticism or even to the ideology of Nazism. However, the superhuman can be also viewed as that biological species who will originate from humans eventually in the course of evolution.While the society is reached a natural limitation of globalism, technics depends on the amount of utilized energy, and the mind is restricted (...) by its carrier, i.e. by the brain, it is language which seems to be the frontier of any future development of humans or superhumans. Language is a symbolization of the world and thus doubling in an ideal or virtual world fruitful for creativity and the modeling of the former. Consequently, the gap between the material and the ideal world is both produced by and productive for language. (shrink)

The debate over the nature of egalitarianism has come to dominate political philosophy. As ever more sophisticated attempts are made to describe the principles of an egalitarian distribution or to specify the good or goods that should be distributed equally, little is said about the fundamental basis of equality. In virtue of what should people be regarded as equal? Egalitarians have tended to dismiss this question of fundamental equality. In the first part of the paper I will examine some of (...) these strategies of marginalisation and assess whether the issue of fundamental equality matters. Jeremy Waldron has criticised this strategy of avoidance in his recent book God, Locke and equality. He argues that Locke’s turn to a theistic grounding for fundamental equality provides a better approach to the problem than the approach taken by contemporary liberals such as John Rawls. I will examine Waldron’s critique of Rawls and show that it is wanting. I will conclude by suggesting that Rawls’s approach to the issue has a bearing on the way in which equality should be understood as a political value. This argument for the primacy of a political conception of egalitarianism has a bearing on the interconnection between core liberal values and the idea of the state that has been emphasised by Rawls, Dworkin and Nagel. (shrink)

Many educational theoretical approaches to cosmopolitanism tend towards an unconditional appreciation of mobility, diversity and rootlessness. The recent interest of educational philosophy in the rhizome, de-territorialization and diversity contributes to this understanding of cosmopolitanism as movement across a borderless and imperfect world. Without downplaying such insights, this article displaces and de-temporalizes them. It takes the form of a parody of the rhizome to view those insights from a different perspective and make them strike a different pedagogical note.

This article discusses various arguments for and against treating equality as a fundamental norm in law and political philosophy, combining prior arguments to the effect that equality is essentially an empty idea with arguments that treat it as a non‐empty but mistaken value that should be rejected. After concluding that most of the arguments for treating equality as a fundamental value fall victim to one or both of these arguments, it considers more closely arguments made by philosophers such as Ronald (...) Dworkin and Thomas Nagel that base a duty of promoting equality on the fact that governments impose a legal order on persons without their consent. It concludes that these arguments are mistaken: if the legal order imposed by government is justified then imposing it is not wrongful and generates no duty of equal treatment, while if that order is not justified no requirement of equality of treatment would cure the lack of justification. It concludes that equality should not be a value in law or political theory, but in some cases other considerations may justify particular rules that are sometimes mistakenly thought to be based on equality. (shrink)

Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions and restrictions (...) on mobility. On the contrary, open borders claim an unrestricted and unconditional (not unqualified) freedom of movement, limited only by public health considerations, serious threats to national security or democratic institutions, but not by an aspiration for maximizing global redistributive utility. The main point is that not only would freedom of movement be instrumentalized, losing its presumptive moral force, but ultimately open borders as a remedy of global justice are an oxymoron. The article concludes with an alternative defence of freedom of international movement. (shrink)

Wary of quick statist dismissal of their proposals, cosmopolitans have been careful not to associate themselves with a world state. I argue that this caution is mistaken: cosmopolitans should see the vision of a world state as strategically valuable in exposing weaknesses in statist accounts, particularly of the Rawlsian variety. This strategic value follows if the only cogent arguments against a world state belong to non-ideal theory which assumes non-compliance, rather than to ideal theory with its core assumption of full (...) compliance. If our only convincing reasons to reject a world state are non-ideal, then any liberal theory revolving around separate states must itself be considered a non-ideal theory. As a non-ideal theory, a statist law of peoples cannot be presented as an end-state, but is rather a transitional stage. Yet once seen as a transitional theory, the statist “realistic utopia” can no longer dodge the cosmopolitan charge that it is neither sufficiently realistic nor sufficiently utopian. (shrink)

I present a new challenge to the Rawlsian insistence on ideal theory as a compass orienting concrete policy choices. My challenge, focusing on global politics, consists of three claims. First, I contend that our global ideal can become more ambitious over time. Second, I argue that Rawlsian ideal theory’s level of ambition might change because of concrete policy choices, responding to moral failures which can be identified and resolved without ideal theory. Third, I argue that we currently face such potentially (...) transformative choices. I conclude that these choices are analytically prior to, rather than derivative from, global ideal theory. (shrink)

What counts as global ‘harm’? This article explores this question through critical engagement with Thomas Pogge’s conception of negative duties not to harm. My purpose here is to show that while Pogge is right to orient global moral claims around negative duties not to harm, he is mistaken in departing from the standard understanding of these duties. Pogge ties negative duties to global institutions, but I argue that truly negative duties cannot apply to such institutions. In order to retain the (...) global force of negative duties, we need to dissociate these duties from global institutions: each society’s negative duty to stop harming specific other societies ought to be seen as independent of global institutional change. In order to establish this thesis, I criticize both the features and the derivation of Pogge’s variant of negative duties. I conclude that one must see global negative duties as applying to the relations between specific sovereign societies as unitary agents rather than to global institutions. I then show how this view of negative duties can yield significant global reform, based on Pogge’s own accusations concerning democracies’ conferral of trading privileges upon dictators who embezzle state resources. After presenting the normative, empirical, and strategic advantages of such reform, I anticipate Poggean objections. (shrink)

This article asks how global tax reform relates to other emerging proposals for global economic reform. Specifically, I will try to contribute to the philosophical understanding of this relationship, by comparing global tax reform with a reform seeking to end dictators’ trading privileges in their peoples’ natural resources. Through this comparison, I intend to establish two main claims. At a concrete, practical level, I hope to show that reform of dictators’ resource privilege will be easier to initiate than legal reform (...) against global tax avoidance. Yet the heart of this essay is dedicated to supporting this claim through an argument at a more abstract, methodological level, which intends to make a broader contribution. This argument focuses on a key obstacle facing global taxation reforms, in the form of collective action problems. My key conceptual contribution lies in an attempt to distinguish between two forms of collective action situations, arguing that only one of them involves moral collective action problems, while in the other these problems dissolve. I seek to show that this fortunate case obtains for reform of dictators’ resource privilege, but not for global tax reform. (shrink)

When discussing whether or not our elected governments should intervene to end genocide, war crimes, ethnic cleansing, and crimes against humanity in other countries, the humanitarian intervention debate has largely been assuming that liberal democracies bear no responsibility for the injustice at hand: someone else is committing shameful acts; we are merely considering whether or not we have a positive duty to do something about it. Here I argue that there are important instances in which this dominant third party perspective (...) (TPP) is empirically false and normatively misguided. Much before our positive ?responsibility to protect? potential victims from mass atrocities, we violate our negative duty not to harm these victims. Employing work by Thomas Pogge and Leif Wenar, I argue that this harm currently comes about as our elected governments either buy, or allow our corporations to buy, the world's most precious resources from brutal dictators and warlords, who dominate some of the states that are at the heart of intervention discussions. In these cases, democracies' most immediate duty is not intervention but rather humanitarian disintervention: boycotting severely oppressive regimes, and in particular stopping to recognizing these regimes ? whether dictators or civil warriors ? as possessing legitimate authority to sell their peoples' resources. I begin with a brief survey of the intervention literature, followed by the foundations for the disintervention alternative. I then elaborate the conceptual and practical advantages of disintervention, concluding with thoughts on the reasons for TPP's lasting dominance. (shrink)

This article start from two opposing intuitions in the environmental duties debate. On the one hand, if our lifestyle causes environmental harm, then we have a duty to reduce that impact through lifestyle changes. On the other hand, many people share the intuition that environmental duties cannot demand to alter our lifestyle radically for environmental reasons. These two intuitions underlie the current dualism in the environmental duties debate: those arguing for lifestyle changes and those arguing that our duties are limited (...) to promoting just environmental institutions. The paper has two goals: first, to grasp the underlying reasons for the two intuitions, and, second, to provide a proposal that integrates both intuitions. The paper consists of two main parts. The first part examines the ‘our-duties-should-be-limited’ intuition. Two interpretations are discussed, one under the title ‘what I do make no difference’, dealing with causality and collective action, and one under the title ‘my duty cannot be to change my lifestyle completely’, which discusses demandingness, fairness and value conflict. The second part shows how the ‘lifestyle-matters’ intuition can still play an important role. This part consists of two sections, one on ‘how to make a difference’, which deals with the idea of a cooperative ethos, and the other with ‘why lifestyle matters’, discussing expressive rationality and integrity. These ideas allow giving an important place to lifestyle duties, while avoiding the possible counterproductive effect of a private duties account. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

This paper examines different mechanisms for adjudicating disagreement about distributive justice. It begins with a case where individuals have deeply conflicting convictions about distributive justice and must make a social choice regarding the distribution of goods. Four mechanisms of social choice are considered: social contract formation, Borda count vote, simple plurality vote, and minimax bargaining. I develop an agent-based model which examines which mechanisms lead to the greatest degree of satisfying justice-based preferences over the course iterated social choices. Agents are (...) ascribed two kinds of motivations: they wish to realize justice and to receive a greater package of goods. Each agent seeks to realize her ideal distribution, and the failure to do so leaves agents “disappointed,” resulting in their trading off the pursuit of gains in justice in favor of gains in self-interest. Mechanisms are assessed using the metric of how many agents remain interested in justice over the course of iterated adjudication. The mechanisms are also examined under some non-ideal conditions, such as the presence of power asymmetries or strategic behavior. Several significant results are addressed: social contract formation and simple plurality voting are robust under the conditions considered, bargaining is a highly ineffective means of adjudicating distributive disagreement, and lastly allowing for concessions in justice for gains in self-interest proves to be a crucial mechanism for ensuring the stability of resolutions. (shrink)

Research Articles Christopher W. Morris, Social Philosophy and Policy, FirstView Article.

This essay examines the central claim of Caney's book, viz., that there is no reason to treat the global sphere differently from the domestic sphere. It suggests that there is much that is valuable in having relatively autonomous, differentiated political communities, which both versions of Caney's scope argument ignore. This insight is explored via a critical assessment of both versions of Caney's scope argument; version 1, which is focused on civil and political rights (and argues that that they should be (...) universalized) and version 2, which applies to theories of distributive justice (particularly Caney's global equality of opportunity principle). (shrink)

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)

La visión imperante en el derecho internacional actual concibe los derechos humanos como normas relativas al trato que los Estados brindan a su propia población. Esta posición, que se conoce como la “perspectiva estatista” sobre los derechos humanos, es actualmente resistida por varios autores. En este artículo intentaré defender la perspectiva estatista contra una serie de críticas recientemente formuladas por Cristina Lafont en Isegoría y en otras importantes revistas especializadas. En particular, trataré de probar que, contrariamente a lo que Lafont (...) argumenta, esta perspectiva captura adecuadamente la razón de ser de la práctica contemporánea de los derechos humanos y dispone de recursos para resguardar los intereses de los seres humanos de las nuevas amenazas surgidas en un mundo globalizado. (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)

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...) is allowed to operate. This conflict might be resolved either by adopting a cosmopolitan theory of justice (which leaves no room for national responsibility) or by adopting a ‘political’ theory of justice (which denies that questions of distributive justice can arise beyond the walls of the sovereign state). Since neither resolution is satisfactory, the chapter defends the idea of national responsibility and proposes a new theory of global justice, whose main elements are the protection of basic human rights worldwide, and fair terms of interaction between independent political communities. (shrink)

Michael Walzer has argued that `distributive justice presupposes a bounded world', but what counts as a relevant boundary? The article criticizes two arguments holding that boundaries should not count at all: a negative argument that there is no relevant difference between human relationships within and across state borders and a positive argument that principles of justice must, as a matter of logic, be universal in scope. It then examines three rival accounts of the bounded scope of distributive justice : the (...) cooperative practice view, the political coercion view, and the common identity view. Although each has plausible arguments to support it, none turns out to give necessary and sufficient conditions for principles of distributive justice to apply. Importantly, however, the idea of social justice has emerged within political units that to a large extent combine the three features in question. To the extent that this overlap breaks down, we will need to develop new theories of transnational justice. (shrink)

A review essay of Gillian Brock Global Justice: A Cosmopolitan Account (Oxford University Press, 2009).

This paper develops an account of how economic and political institutions can limit the applicability of principles of justice even in non-relational cosmopolitan conceptions. It shows that fundamental principles of justice underdetermine fair distributive shares as well as justice -based requirements. It argues that institutions partially constitute the content of justice by determining distributive shares and by resolving indeterminacies about justice -based requirements resulting from strategic interaction and disagreement. In the absence of existing institutions principles of justice might not be (...) applicable for assessing distributions or guiding individual action and institutional design. Hence, accepting a specific cosmopolitan conception of justice is insufficient to settle global distributive questions. (shrink)

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

Cosmopolitan critics attack the scope-limitation of justice of egalitarian liberal theorists to states. They treat justice as the production of a given set of outcomes for people regardless of location or relationship. However, in doing so they either ignore the relevant agent towards whom principles of justice are addressed or see the question of agency as a practical, derivative question, of a secondary character. This paper argues that a principle of justice without a clearly justified agent is not a genuine (...) principle at all. This is what writers like Rawls mean by the "subject" of justice (analogous to the grammatical subject of a sentence, i.e.,the agent). We should reflect on agents and why they would or would not justifiably carry certain burdens for others and what kind of benefits or goods they are able to secure. The answers to those questions explain why the idea of cosmopolitan global justice is incomplete, either requiring a global basic structural agency or not applying because no relevant agent is present that can create cooperative arrangements between individual persons across the globe. Other moral principles will still apply globally, but they will be distinct from those that apply to basic-structural agencies. This account is not a practice dependence account, as it bases the distinctness of moral and political principles on purely moral and value-based considerations. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

The position that I seek to defend in this article is that the epistemological hegemony that is presently one of the defining characters of the relationship between Africa and the global North is a form of injustice which makes the talk of ‘global justice’ illusory. In arguing thus, I submit that denying the indigenous people of Africa an epistemology that is comparable to epistemologies from other geopolitical centres translates to questioning their humanity which is a form of injustice. I thus (...) proceed to argue that, as a precondition to an authentic discourse on the possibility of ‘global justice’; epistemic injustice must first be challenged and rejected. In so doing, I am defending the position that the acceptance and respect for the diversity of the peoples of this world and their epistemologies is imperative if genuine justice at global level is to be realised. (shrink)

Are the rights, duties, and virtues of citizenship grounded exclusively in considerations of justice, or do some or all of them have other sources? This question is addressed by distinguishing three different accounts of the justification of these rights, duties, and virtues, namely, the justice account, the common-good account, and the equal-membership account. The common-good account is rejected on the grounds that it provides an implausible way of understanding what it is to act as a citizen. It is then argued (...) that the justice account and the equal-membership account provide complementary perspectives that differ in terms of the scope of the duties they ground: the latter offers an analysis of the duties that citizens proper (those with an unconditional right of residence and full political rights) owe to each other, whereas the former provides an analysis of the duties that those who are under the jurisdiction of the same state, whether fellow citizens or not, owe to each other. The article concludes by arguing that the distinction between the justice account and the equal-membership account cuts across the traditional one that is drawn between liberal and republican theories of citizenship. (shrink)

This article develops the argument that non-cosmopolitan considerations of justice justify relief of sovereign debt for highly indebted poor states. In particular, the article claims that considerations of national determination warrant some debt-forgiveness in the backdrop of unfair terms of global interaction. In a context of inequality, poor countries cannot generally afford to disregard the costs of ignoring the interests of the wealthiest states. Patterns of unbalanced interaction undermine national self-determination by limiting the poor countries' effective capacity to choose between (...) different policies to achieve development and other worthy goals. In concrete, this article suggests that unequal terms of interaction constrain national self-determination by making of sovereign debt an 'escape mechanism' in the absence of rival alternatives to palliate the effects of underdevelopment and related afflictions, despite the causes of sovereign debt being partly domestic, possibly. Thus, this paper views national self-determination as dependent on the availability of acceptable (non-unbearably burdensome) policy options on the part of states. (shrink)