Business research and teaching institutions play an important role in shaping the way businesses perceive their relations to the broader society and its moral expectations. Hence, as ethical scandals recently arose in the business world, questions related to the civic responsibilities of business scholars and to the role business schools play in society have gained wider interest. In this article, I argue that these ethical shortcomings are at least partly resulting from the mainstream business model with its taken-for granted basic (...) assumptions such as specialization or the value-neutrality of business research. Redefining the roles and civic responsibilities of business scholars for business practice implies therefore a thorough analysis of these assumptions if not their redefinition. The taken-for-grantedness of the mainstream business model is questioned by the transformation of the societal context in which business activities are embedded. Its value-neutrality in turn is challenged by self-fulfilling prophecy effects, which highlight the normative influence of business schools. In order to critically discuss some basic assumptions of mainstream business theory, I propose to draw parallels with the corporate citizenship concept and the stakeholder theory. Their integrated approach of the relation between business practice and the broader society provides interesting insights for the social reembedding of business research and teaching. (shrink)

Feminists have long been aware of the pathology and the dangers of what are now termed “adaptive preferences.” Adaptive preferences are preferences formed in unconscious response to oppression. Thinkers from each wave of feminism continue to confront the problem of women's internalization of their own oppression, that is, the problem of women forming their preferences within the confining and deforming space that patriarchy provides. All preferences are, in fact, formed in response to a limited set of options, but not all (...) preferences are unconscious, pathological responses to oppression. Feminist theory therefore requires a method for distinguishing all preferences from adaptive or deformed preferences. Social contract theory provides such a tool. Social contract theory models autonomous preference-acquisition and retention at both the external level of causation and the internal level of justification. In doing so, social contract theory exposes preferences that do not meet those standards, acting as both a conceptual test that identifies adaptive preferences and as a practical tool for personal and social clarification. A social contract approach helps persons and societies to identify and to confront preferences rooted in unconscious response to oppression. (shrink)

Inequalities, ineffective governance, unclear surrogacy regulations and unethical practices make India an ideal environment for global injustice in the process of commercial surrogacy. This article aims to apply the ‘capabilities approach’ to find possibilities of global justice through human fellowship in the context of commercial surrogacy. I draw primarily on my research findings supplemented by other relevant empirical research and documentary films on surrogacy. The paper reveals inequalities and inadequate basic entitlements among surrogate mothers as a consequence of which they (...) are engaged in unjust contracts. Their limited entitlements also limit their opportunities to engage in enriching goals. It is the role of the state to provide all its citizens with basic entitlements and protect their basic human rights. Individuals in India evading their basic duty also contribute to the existing inequalities. Individual responsibilities of the medical practitioners and the intended parents are in question here as they are more inclined towards self-interest rather than commitment towards human fellowship. At the global level, the injustice in transnational commercial surrogacy practices in developing countries calls for an international declaration of women and child rights in third party reproduction with a normative vision of mutual fellowship and human dignity. (shrink)

In this paper I apply a suitably developed version of Joseph Raz’s service conception of authority to the debate over the legitimacy of state action aiming to fulfill cosmopolitan moral obligations. I aim to advance two interrelated theses. First, viewed from the perspective of Raz’s service conception of authority, citizens’ moral duties to non-compatriots are an appropriate ground for authoritative intervention by agents of the state. Second, international law based on these duties can also enjoy moral authority over government decision (...) makers. An important source of the moral force of international law is derived from the power of international law to improve officials’ ability to recognize and conform to the totality of their reasons, which contributes to their states’ legitimacy. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

Over the last decade, businesses, policymakers, and researchers alike have advocated the need for value creation through inter-organizational collaboration. Researchers have widely argued that organizations that are engaged in collaborative processes create value. Because researchers have tended to focus on the identification of organizational motivations and on key success factors for collaboration, however, both the nature and processes of value creation in inter-organizational collaboration have yet to be examined. A recent theory by Austin and Seitanidi :726–758, 2012a; Nonprofit Volunt Sect (...) Q 41:929–968, 2012b) has proposed an analytical framework for analyzing value creation in inter-organizational collaboration, based on four types of value. The purpose of this current study is to empirically test this framework, and to provide key pointers for analyzing the nature of value, particularly in relation to learning. Our detailed empirical research is based on a 6-year retrospective case study of an inter-organizational partnership within an international development project for local economic development in Guatemala. The study’s contributions are twofold. First, it provides evidence of the critical path of the creation of diverse types of values in a collaborative process; second, it links the different types of value creation with the types of learning that occur in an inter-organizational process. (shrink)

For more than three decades, business ethics has suggested and evaluated strategies for multinationals to address abject deprivations and weak regulatory institutions in developing countries. Critical appraisals, internal and external, have observed these concerns being severely constrained by the overwhelming prioritization of economic values, i.e., economism. Recent contributions to business ethics stress a re-imagination of the field wherein economic goals are downgraded and more attention given to redistribution of wealth and well-being of the weaker individuals and groups. Development ethics, a (...) lesser known field of normative enquiry, already offers nuanced justifications against economism which business ethicists can use in their current attempts to wean the field from old habits. (shrink)

What is the correct metric of distributive justice? Proponents of the capability approach claim that distributive metrics should be articulated in terms of individuals’ effective abilities to achieve important and worthwhile goals. Defenders of resourcism, by contrast, maintain that metrics should instead focus on the distribution of external resources. This debate is now more than three decades old, and it has produced a vast and still growing literature. The present paper aims to provide a fresh perspective on this protracted debate. (...) It does so by defending capability metrics while also criticizing the two most common arguments used to support them, and sympathetically reconstructing the arguments for resourcism. I ultimately argue that while sweeping defenses of the capability approach do not succeed, capability theorists can indeed vindicate the justice-relevance of certain capabilities while still accommodating what is plausible in resourcism. (shrink)

The work of prominent analytical Marxist G. A. Cohen provides a vision of socialism which has distributive justice and community at its core. While Cohen's view of distributive justice has been hugely influential, much less has been said about community. This article argues that community plays three distinct roles in Cohen's socialism. One is as an independent value, the second is as a necessary adjacent counterpart to justice, which serves both to restrict and facilitate distributive equality, and the third is (...) as a critique of the liberal contractualist view of humanity. We argue that each of these are distinct and valuable elements in Cohen's thought, each of which must be recognized to understand the range and implications of Cohen's socialism. (shrink)

Business research and teaching institutions play an important role in shaping the way businesses perceive their relations to the broader society and its moral expectations. Hence, as ethical scandals recently arose in the business world, questions related to the civic responsibilities of business scholars and to the role business schools play in society have gained wider interest. In this article, I argue that these ethical shortcomings are at least partly resulting from the mainstream business model with its taken-for granted basic (...) assumptions such as specialization or the value-neutrality of business research. Redefining the roles and civic responsibilities of business scholars for business practice implies therefore a thorough analysis of these assumptions if not their redefinition. The takenforgrantedness of the mainstream business model is questioned by the transformation of the societal context in which business activities are embedded. Its value-neutrality in turn is challenged by self-fulfilling prophecy effects, which highlight the normative influence of business schools. In order to critically discuss some basic assumptions of mainstream business theory, I propose to draw parallels with the corporate citizenship concept and the stakeholder theory. Their integrated approach of the relation between business practice and the broader society provides interesting insights for the social reembedding of business research and teaching. (shrink)

In light of recent attempts to determine the political role and status of corporations I discuss the normative implications of considering multinational corporations (MNCs) as political actors. I posit that corporations do indeed have a new political role in a connected world, in particular with respect to matters of human rights, social and environmental justice. We thus find a growing need for ethical and political knowledge to inform and guide the emerging political co-responsibility of MNCs. I draw on the rich (...) literature in cosmopolitanism to seek such guidance and discuss some of the implications that a cosmopolitan perspective implies. (shrink)

As the world is getting increasingly connected and interdependent it becomes clear that the world’s most pressing public problems such as poverty or global warming call for cross-sector solutions. The paper discusses the idea of business leaders acting as agents of world benefit, taking an active co-responsibility in generating solutions to problems. It argues that we need responsible global leaders who are aware of the pressing problems in the world, care for the needs of others, aspire to make this world (...) a better place, and act in word and deed as global and responsible citizens. The argument is structured as follows: first, in highlighting some leadership challenges we discuss why it takes a responsible, global, and ultimately cosmopolitan mindset to enhance human values on a global scale. Second, we define more specifically responsible global leadership and the (potential) role of business leaders acting as agents of world benefit. Third, drawing on latest research on cosmopolitanism, we discuss the hallmarks of contemporary cosmopolitanism. Fourth, and concluding our argument, we propose key cosmopolitan business principles to help leaders build a more inclusive world. (shrink)

Over the last decade, businesses, policymakers, and researchers alike have advocated the need for value creation through inter-organizational collaboration. Researchers have widely argued that organizations that are engaged in collaborative processes create value. Because researchers have tended to focus on the identification of organizational motivations and on key success factors for collaboration, however, both the nature and processes of value creation in inter-organizational collaboration have yet to be examined. A recent theory by Austin and Seitanidi :726–758, 2012a; Nonprofit Volunt Sect (...) Q 41:929–968, 2012b) has proposed an analytical framework for analyzing value creation in inter-organizational collaboration, based on four types of value. The purpose of this current study is to empirically test this framework, and to provide key pointers for analyzing the nature of value, particularly in relation to learning. Our detailed empirical research is based on a 6-year retrospective case study of an inter-organizational partnership within an international development project for local economic development in Guatemala. The study’s contributions are twofold. First, it provides evidence of the critical path of the creation of diverse types of values in a collaborative process; second, it links the different types of value creation with the types of learning that occur in an inter-organizational process. (shrink)

According to some philosophers of technology, technology embodies moral values in virtue of its functional properties and the intentions of its designers. But this paper shows that such an account makes the values supposedly embedded in technology epistemically opaque and that it does not allow for values to change. Therefore, to overcome these shortcomings, the paper introduces the novel Affordance Account of Value Embedding as a superior alternative. Accordingly, artefacts bear affordances, that is, artefacts make certain actions likelier given the (...) circumstances. Based on an interdisciplinary perspective that invokes recent moral anthropology, I conceptualize affordances as response-dependent properties. That is, they depend on intrinsic as well as extrinsic properties of the artefact. We have reason to value these properties. Therefore, artefacts embody values and are not value-neutral, which has practical implications for the design of new technologies. (shrink)

What is the correct metric of distributive justice? Proponents of the capability approach claim that distributive metrics should be articulated in terms of individuals’ effective abilities to achieve important and worthwhile goals. Defenders of resourcism, by contrast, maintain that metrics should instead focus on the distribution of external resources. This debate is now more than three decades old, and it has produced a vast and still growing literature. The present paper aims to provide a fresh perspective on this protracted debate. (...) It does so by defending capability metrics while also criticizing the two most common arguments used to support them, and sympathetically reconstructing the arguments for resourcism. I ultimately argue that while sweeping defenses of the capability approach do not succeed, capability theorists can indeed vindicate the justice-relevance of certain capabilities while still accommodating what is plausible in resourcism. (shrink)

In the current paper, our aim is to explore the latent power dynamics surrounding corporate social responsibility in developing countries. To do this, we synthesize an analytic framework that borrows from both cross-cultural management literature as well as feminist considerations of power. We then use the framework to examine three streams of CSR literature. Our analysis uncovers the prevalence of arguments and discussions about indigenous and power-over themes rather than more generative, endogenous, and power-to themes. The paper concludes with the (...) suggestion for more space in the CSR literature for examining the realities and potentialities of local SME CSR expressions to counterbalance the overwhelming focus on MNCs. Such counterbalancing can better lead to the recognition that power and domination are not the only important dynamics to examine in CSR research. Just as important is the need for a more nuanced consideration of the role and contributions of different actors to the continuously unfolding CSR discourse. (shrink)

NGO-based and rigorously monitored development programmes are bringing about important and positive socio-economic changes in the developing world. However, there are numerous instances of the employment of aggressive and grueling monitoring techniques which objectify the subject of development, the primary stakeholder, claiming development results as the successful achievement of goals of the donor or implementing organization. It is in this context that one can speak of an ethic of monitoring development programmes. The paper argues that such an ethic can be (...) positively based on principles like empowering people through development work without hurting their sense of self-worth, the principle of trust and partnership and, negatively, never striving to objectify any person or people for the achievement of some objective, even if this objective is in itself honourable and desirable. The paper contends that if development is freeing the subject, the central player, to exercise their capability to live their life to the fullest, then development monitoring and development work in general has to enhance freedom, autonomy and openness. (shrink)

Cet article propose une réflexion sur la protection des capacités au travail à partir de Martha Nussbaum. Sa visée est de penser les conditions institutionnelles de l’accès aux capacités, dans le cadre du travail, en mettant en évidence les points de tension entre l’approche des capacités et d’autres approches libérales, contractualiste ou utilitariste, qui structurent l’organisation du travail dans la société de marché. Libérale d’un point de vue politique dans la lignée d’Emmanuel Kant, tout en s’intéressant comme Aristote et à (...) Karl Marx à la question des seuils et des libertés substantielles, Nussbaum permet de souligner dans le même temps les tensions qui traversent le travail contemporain et les conditions d’un développement humain au travail à partir d’une liste de capacités centrales et d’un seuil d’accès aux ressources nécessaires pour les mettre en œuvre. L’article s’appuie sur cette approche des capacités et la théorie de la justice de Nussbaum pour analyser les limites du droit, souligner les logiques institutionnelles qui conditionnent l’accès aux capacités au travail, et de distinguer les responsabilités collectives vis-à-vis du développement humain au travail. (shrink)

Although measurement is widely misused in education, it is indispensable in addressing the problems of injustice in global educational opportunity. Considering how the case can be made for legitimate use of measurement in normative analysis and argument, we explore ways in which metrics have featured in the formulation of theories of justice, with particular attention to resourcist and capabilities approaches. We then consider three means of addressing global inequality and defend a reconstruction of the public sphere in which objective measures (...) of justice, deliberatively constructed, could supersede prevalent assumptions about measurement. (shrink)

Unlike other kinds of theories of justice, reparatory justice can only be negatively defined, in non-ideal contexts in which initial wrongs had already been committed. For one, what counts and what does not count as wrongdoing or as an unjust state of affairs resulted from that wrongdoing depends on the normative framework upon which a theorist relies. Furthermore, the measures undertaken for alleviating historical injustices can be assessed only from the vantage point of other, independent normative considerations. In the present (...) paper I argue that this lack of substance is a feature that, far from being problematic, is what makes reparatory justice attractive. The specific example that I put forward is that of a reparatory justice account which seeks to instantiate the desiderata of a sufficientarian theory of justice. At first, distributive justice fills the content of reparatory justice, specifying up to what level reparations in-kind or compensatory measure should go. Afterwards, reparatory justice clarifies and provides epistemic inputs for distributive justice. Reparatory justice thus becomes an epistemic source for distributive justice, in that it provides the means for assessing whether someone’s level of well-being can be traced to her choice or to a wider, historically-sensitive operationalization of her “circumstances”. (shrink)

Porter and Kramer :78–92, 2006; Harv Bus Rev 89, 62–77, 2011) introduced ‘shared value’ as a ‘new conception of capitalism,’ claiming it is a powerful driver of economic growth and reconciliation between business and society. The idea has generated strong interest in business and academia; however, its theoretical precepts have not been rigorously assessed. In this paper, we provide a systematic and thorough analysis of shared value, focusing on its ontological and epistemological properties. Our review highlights that ‘shared value’ has (...) spread into the language of multiple disciplines, but that its current conceptualization is vague, and it presents important discrepancies in the way it is defined and operationalized, such that it is more of a buzzword than a substantive concept. It also overlaps with many other concepts and lacks empirical grounding. We offer recommendations for defining and measuring the concept, take a step toward disentangling it from related concepts, and identify relevant theories and research methods that would facilitate extending the knowledge frontier on shared value. (shrink)

If global distributive justice or injustice is to exist, there must be something that is just or unjust: something to which the moral assessments at issue attach. I argue in this paper against one popular candidate for that role: the “global basic structure.” I argue that principles of distributive justice that target the global basic structure fail to satisfy a crucial “action guidance” desideratum and that this problem points to an alternative target that philosophers of global justice have yet to (...) widely acknowledge. We ought to exclusively direct our principles at subspheres of global politics: disaggregating global justice for a disaggregated world. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

Doing the best we can in the world as it is requires that appropriate account be taken of The object of this essay is to examine what amounts to feasibilitydesirability considerations.feasibilitycoming in degrees objects that the advisee controls feasibility ofought-implies-can” principle, a point of departure that frames feasibility considerations in a dismissive or otherwise inadequate way.

For both John Rawls and Martha Nussbaum, the concept of love plays a significant role in moral psychology. Rawls views the sense of justice as grounded in parental love, and continuous with love of mankind. Nussbaum’s recent defence of patriotism revives the emotio n of love as essential for political contexts. I argue that love ought to play a substantial part in the shaping of global politics, and that a moral psychology of love based merely on a combination of Rawls’s (...) and Nussbaum’s accounts fails to produce an ad equate ground for conceptualizing moral motivation with respect to addressing transnational concerns of justice. I contend that by critically synthesizing Rawls’s and Nussbaum’s conceptions of love and moral psychology with resources from Kant’s ethics, it is possible to develop a more attractive, and potentially politically effective, conception of love of human beings in the framework of political liberalism. (shrink)

According to ‘global institutionalism,’ individuals who do not share a state have duties of justice to one another, and this is explained, in part, by the institutional connections that obtain between them. In this chapter, I defend this view against two challenges. First, I consider challenges raised by ‘non-institutionalists,’ who deny that facts about global institutional interaction bear on the nature of duties of justice that arise between particular individuals. Second, I address challenges posed by ‘domestic institutionalists,’ who accept the (...) claim that facts about institutional interaction bear upon the scope of justice but deny that the right sort of interaction necessary to ground duties of justice is found in the global domain. (shrink)

Natural disasters are social disruptions triggered by physical events. Every year, hundreds of natural disasters occur and tens of thousands of people are killed as a result. I maintain that everyone would want to be provided with assistance in the aftermath a natural disaster. If a national government is not providing post disaster assistance, then we expect that some other institution has the responsibility to provide it. Unfortunately, that is not the case currently. Therefore, in this thesis I argue that (...) in some situations the international community is required to intervene on behalf of those affected by the disaster caused by a natural hazard. Natural disaster intervention is a moral requirement: because the international community has a duty to provide the goods we are entitled to as per the human right to welfare, even in natural disaster scenarios. After making my argument as to why a natural disaster intervention policy should be developed I explain the basic principles of such a policy by applying the Just War criteria to natural disaster scenarios in which a national government is unable or unwilling to provide assistance to its people. (shrink)

This essay is the first part of an analysis on the form and matter in the works of Aristotle. Within the whole analysis, I shall examine passages taken from different works of Aristotle that are relevant to the investigation on form and matter. In this essay, I shall focus exclusively on the chapter Metaphysics Zeta 3. The concepts of substance, matter, ontological subject, form, composite substance, this something and separated, which are consistently used by Aristotle within the development of the (...) mentioned chapter, will be part of my survey of the contents of the chapter. The central argument of Metaphysics Zeta 3, which maintains the equivalence between substance and the feature represented by ontological subject, and which leads, through this first equivalence and through the equivalence between matter and ontological subject, to the result that matter is (the only) substance, will be investigated step by step so that all presuppositions, entailments, and consequences of the argument itself can be clearly shown. The problems which are caused by the mentioned equivalence of substance and ontological subject will be pointed out during my look at the chapter’s contents. In particular, Aristotle cannot accept that, in spite of the ontological subject being a correct feature of substance qua substance, substance is therewith reduced to matter. Being the ontological subject does not represent the only ontological feature of substance qua substance; the ontological features too of substance qua substance that are represented by being a this something and being separated belong to the concept of substance: they can never be forgotten within a right interpretation of substance. The identification of substance only with matter can never be accepted. Only the ontological values of substance represented by the form and by the composite substance possess the ontological features “being a this something” and “being separated”. Therefore, the ontological values of substance as form and as a composite substance must always be reckoned with in a correctly interpreted ontology. Neither of these values can be forgotten within an accurate inquiry of ontology. Hence, regardless of whether matter is substance and is correctly interpreted as substance, the values of substance as form and as composite substance must belong, in Aristotle’s view, to any right ontological system whatsoever. The plurality of values for substance, which I personally advocate, finds confirmation thanks to chapter Metaphysics Zeta 3: Matter, form, and composite substance all represent values for substance, despite the differences which they have as regards their own ontological features. (shrink)

Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, and (...) its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

Este trabajo se propone defender una interpretación moderada de los argumentos de Thomas Pogge sobre justicia y pobreza globales, elaborados en su libro La pobreza en el mundo y los derechos humanos. Para esto, se analizará minuciosamente la reconstrucción que los críticos hacen de los argumentos de Pogge. Con esto, se espera poner de manifiesto que dicha reconstrucción se aleja en muchos casos de una interpretación mínimamente caritativa y malinterpreta los argumentos originales de este autor. Así, en este trabajo, se (...) defenderán una tesis principal y una subtesis. 1. Tesis principal. El deber negativo de no “cooperar en el mantenimiento de instituciones sociales injustas sin hacer una protección que compense y esfuerzos de reforma para sus víctimas” (en adelante, el “deber de no contribuir con la injusticia”) es menos exigente de lo que los críticos de Pogge afirman. Para defender esta tesis, se mostrará la relación entre el deber negativo de no contribuir con la injusticia y las obligaciones positivas de 1) proteger a las víctimas de un orden institucional injusto y de 2) trabajar para reformar los rasgos injustos de ese orden. Asimismo, se tratará de establecer cuáles son las implicancias prácticas de estas dos obligaciones positivas. 2. Subtesis. La violación del deber de no contribuir con la injusticia no convierte a los agentes morales en “violadores” de derechos humanos, tal como los críticos de Pogge sostienen, sino en “contribuyentes”. Para defender esta subtesis, se examinarán las críticas que se le formulan al autor con respecto a la falta de cumplimento del deber de no contribuir con la injusticia y se explicitarán las consecuencias del incumplimiento de este deber y de las dos obligaciones positivas mencionadas. El objetivo general de este trabajo es ofrecer una interpretación consistente de los principales argumentos de Pogge sobre justicia y pobreza globales que esclarezca los puntos incomprendidos o malinterpretados por sus críticos más importantes. Así, este trabajo constituye una contribución valiosa al campo de estudio, ya que, 1) sienta sobre bases más firmes una de las teorías filosóficas contemporáneas más citadas y ampliamente debatidas sobre justicia global y 2) facilita un verdadero intercambio de ideas entre filósofos, filósofas y otros expertos en el tema, mediante un real entendimiento de los argumentos poggeanos. (shrink)

This thesis in political philosophy considers justifications for a bias towards compatriots in the allocation of resources. I reject arguments in support of national partiality that appeal to the intrinsic value of the nation as well as those based on analogies between the nation and the family. Instead I offer an impartial defense of the existence of special duties towards conationals as fellow participants in a nation state, based on the account offered by Michael Blake. The use of political power (...) by the state gives rise to a greater degree of concern for the needs of compatriots than for the needs of foreigners. I extend Blake's argument by claiming the existence of a global basic structure, which is coercive in nature. This basic structure gives rise to a concern for distributive justice globally. (shrink)

This thesis discusses implications of framing bioethical concerns in international legal discourse. It starts from the observation that legal approaches to questions of bioethical relevance have become dominant frameworks for addressing many bioethical concerns at the international level. In particular, the UN General Assembly has long attempted to regulate human cloning processes through an international Convention. Similarly, UNESCO and the Council of Europe have both addressed a variety of bioethically relevant issues, such as the processing of human genetic data, the (...) ethics of research or organ transplantation within international legal standards. It is in the context of this strong connection between international law, international legal discourse and bioethics that this thesis seeks to analyse what exactly happens when issues of bioethical relevance are discussed within such a framework, how this affects the way bioethical issues are conceptualized, conceived of and dealt with, and, ultimately, how well-suited or successful international legal discourse is in its attempt to resolve current bioethical questions. Following the methodological approach of discourse theory, this thesis bases its analysis on the assumption that where and when international legal standards, as manifestations of an international legal discourse, serve as framework for bioethical debate that also somewhat defines how bioethically relevant issues are approached, thought of and dealt with within that framework, that it somewhat determines what methods are used to resolve such issues and that it somewhat limits the range of conceivable and viable solutions to these issue. The thesis thereby does not aim to demonise or abrogate legal approaches to bioethics and it does not understand the implications discussed in this thesis to be necessarily good or bad. To the contrary, it will be shown that legal approaches to bioethics can and have contributed to the development of the field in several important ways. Yet, this thesis also shows that it is worthwhile to closely examine implications that follow from a specific legal approach to bioethical issues as these implications are not always easily perceived. Given the important, and often dominant or near exclusive role of international law and legal discourse in the area of bioethics as well as the former's strong influence on bioethical debates as a whole, the implications of addressing questions of bioethical relevance within an international legal discourse should at least be understood and acknowledged, a contribution that this thesis aims to make. Moreover, only if these implications are understood is it possible to ask whether engaging in that type of discourse is at all a valuable enterprise and whether or not international legal standards directly addressed to questions of bioethical relevance constitute a suitable means to effectively address questions in the area of bioethics. (shrink)