Let me start by saying that I have a deep appreciation for the development rights framework offered by Paul Baer and his colleagues at EcoEquity and the Stockholm Environmental Institute (Baer, Ath...

A key objection to naturalistic versions of moral realism is that the (meta)semantics to which they are committed yields incorrect semantic verdicts about so-called Moral Twin Earth cases. Recently, it has been proposed that the Moral Twin Earth challenge can be answered by adopting a neo-Aristotelian semantics for moral expressions. In this paper, I argue that this proposal fails. First, however attractive the central claims of neo-Aristotelianism are, they do not for us have the status of analytic constraints on the (...) use of ethical expressions, as they must if they are to block Moral Twin Earth counterexamples. Second, even when the neo-Aristotelian’s claims are taken as non-negotiable analytic constraints, the semantics faces a dilemma: if characteristic human functioning is understood in an ethically neutral way, the semantics yields an incorrect intension for ‘good human.’ If human functioning is understood in an ethically partisan way, the semantics fails to avoid problematic Moral Twin Earth counterexamples. (shrink)

In this paper, I argue that health plays a special role in the promotion of well-being within the capabilities approach framework. I do this by first presenting a scenario involving two individuals, both of whom lack access to only one capability. The first cannot secure the capability of bodily health due to an unhealthy lifestyle, whilst the second lacks access to bodily integrity due to a life of celibacy. Second, I explore these scenarios by assessing the nature of disadvantage suffered (...) in both instances. I suggest that corrosive disadvantage (or the type of disadvantage that adversely impacts one’s ability to secure other valuable things) is what leads us to conclude that health is of special moral importance in the promotion of justice and the endorsing of well-being. (shrink)

This article explores the possible convergence between the capabilities approach and utilitarianism to specify CSR. It defends the idea that this key issue is related to the anthropological perspective that underpins both theories and demonstrates that a relational conception of individual freedoms and rights present in both traditions gives adequate criteria for CSR toward the company's stakeholders. I therefore defend "relational capability" as a means of providing a common paradigm, a shared vision of a core component of human development. This (...) could further lead to a set of indicators aimed at assessing corporate social performance as the maximization of the relational capability of people impacted by the activities of companies. In particular, I suggest a way of evaluating the contribution of extractive companies to the communities close to their industrial sites in extremely poor areas, not from the viewpoint of material resources and growth, but from the viewpoint of the quality of the social environment and empowerment. (shrink)

Over the last two decades there has been a proliferation of partnerships between business and government, multilateral bodies, and/or social actors such as NGOs and local community organizations engaged in promoting development. While proponents hail these partnerships as an important new approach to engaging business, critics argue that they are not only generally ineffective but also serve to legitimate a neo-liberal, global economic order which inhibits development. In order to understand and evaluate the role of such partnerships, it is necessary (...) to appreciate their diversity with respect to not only the activities that they engage in, but also the degree to which they are subject to social control. This paper distinguishes four different types of business partnerships, based upon differing degrees of social control: conventional business; corporate social responsibility; corporate accountability; and social economy. Each type of partnership is described, their basic forms are noted, and the conditions and prospects for them contributing to development are examined. By way of conclusion, an analysis is offered of how the different types of business partnerships relate to different conceptions of development and function as policy paradigms to promote different globalization agendas. (shrink)

Technologies and human values both have important bearing on human life and conditions. Unfortunately, the dialogue between them has remained inadequate, at best. While the discourse on human values recognizes various kinds and layers of values, including values that are universally relevant across societies and cultures, research on the interface between values and technology has predominantly focused on technology’s interactions with society-specific values. This article is an attempt to broaden the scope of this research by specifically taking the case of (...) cremation technologies. Numerous societal, religious and universal values interplay with each other in matters related to death and the dead. Unlike other technologies, an individual can ‘use’ cremation technology only once, that too with limited control over his/her choice. Our empirical research finds that a complex interaction of multiple layers of values shapes the form and trajectory of cremation technology. Tracking the debate on the adoption of... (shrink)

Rorty has been criticized for his pragmatic rationality by different thinkers like Stout, Steven carter. Here in this article our main focus is Novoa's criticism of Rorty's solution to the challenges of evidentialism (Novoa in Rorty’s Demands on Religious Belief: Looking for a Pragmatic Rationality. Retrieved October 20, 2019, from Researchgate. https://www.researchgate.net/publication/321729830_rorty's_demands_on_religious_belief_looking_for_a _pragmatic_rationality, 2017). Novoa feels that religion needs not be conversation stopper as long as it does not compromise on capabilities (Novoa, 2017). This is what he calls pragmatic rationality. He (...) takes pragmatic rationality based on capabilities. So in this article we argue against Novoa saying that capabilities are not clearly defined and hence the criteria set forth by Novoa have to be revised. The criteria set forth by him are too general, for instance world relationships, etc. The reasons for revising the criteria are too general, no unanimity in what are capabilities and even the specified capabilities are not precise. (shrink)

This article argues for the need to set priorities to Sustainable Development Goals. It proposes to assign primary focus on goals that, along with being ends in themselves, operate also as means for achieving other objectives – and are therefore of instrumental value also. Education is briefly analyzed as an example of one such goal. In addition, this article addresses population growth, an issue that is not explicitly mentioned in the SDGs but that is arguably relevant for sustainable development. Here (...) too, it is suggested that education can play an important role. (shrink)

Political egalitarianism is at the core of most normative conceptions of democratic legitimacy. It finds its minimal expression in the “one person one vote” formula. In the literature on deliberative democracy, political equality is typically interpreted in a more demanding sense, but different interpretations of what political equality requires can be identified. In this paper I shall argue that the attempt to specify political equality in deliberative democracy is affected by a dilemma. I shall illustrate the political egalitarian’s dilemma by (...) a hypothetical choice between two informational bases for political equality: Rawlsian primary goods and Amartya Sen’s capability approach. The political egalitarian’s dilemma reveals a clash between the requirement of ensuring equal possibilities to participate in the democratic process and the requirement of subjecting substantive judgments to deliberative evaluation. As such, the dilemma is a variant of the procedure vs. substance dilemma that is well-known in democratic theory. While it has sometimes been argued that deliberative democracy solves the tension between procedure and substance, the political egalitarian’s dilemma shows that this tension continues within deliberative democracy. (shrink)

According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...) be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees. (shrink)

International human rights law that protects freedom of the press provides a cross-culturally reliable foundation from which to launch a consideration of universal principles in journalism ethics. After examining certain assumptions made by the international law about individuals and about the kind of journalism the law intends to protect, in this article I propose that truthtelling, independence, and freedom with responsibility are universal ethical principles international law envisions for journalists. These principles would undoubtedly be applied differentially in different cultures, but (...) I conclude that the culturally specific ways journalists analyze ethical dilemmas can arise from a common concern for the 3 principles. (shrink)

The capability approach assigns a central role to the contexts within which social interactions take place, which make individual liberty achievable. However, an auxiliary concept is necessary to explain the contexts of collective action more accurately. In this paper I shall present Taylor’s concept of irreducibly social goods as a supplement to the capability approach. I shall also introduce the concept of hermeneutics as a strategy suitable for evaluating which capabilities are to be considered valid, as an alternative to aggregative (...) methodologies. This conceptual development at the core of the capability approach demands to be framed by a normative criterion that enables us to distinguish between emancipatory and conservative contexts of social action; for that purpose I make use of the subject idealization that Honneth and Anderson present. (shrink)

In this commentary, I discuss three aspects of Monique Deveaux’s account. First, the method of Grounded Normative Theorizing she adopts to engage directly with the contexts and views of those experiencing poverty fits within a range of proposals to enhance the methodology of moral and political philosophy, and I would call on all philosophers working in this space to further develop these innovative methodologies. Second, Deveaux extends the capabilities approach by focusing on the group-based character of poverty and making the (...) case for building the collective capabilities of poor-led social movements. While I do not substantially disagree with this argument (in practice), I argue that we should be careful to avoid normative collectivism (as a theoretical assumption). Finally, Deveaux discusses political solidarity with people experiencing poverty. I argue that this should be based on esteeming each other’s various contributions in more diverse ways than only in narrow economic terms. Treating people in poverty and poor-led social movements as agents of justice, as Deveaux advocates, is a significant step in this endeavour. (shrink)

In this article, the authors examine whether and how robot caregivers can contribute to the welfare of children with various cognitive and physical impairments by expanding recreational opportunities for these children. The capabilities approach is used as a basis for informing the relevant discussion. Though important in its own right, having the opportunity to play is essential to the development of other capabilities central to human flourishing. Drawing from empirical studies, the authors show that the use of various types of (...) robots has already helped some children with impairments. Recognizing the potential ethical pitfalls of robot caregiver intervention, however, the authors examine these concerns and conclude that an appropriately designed robot caregiver has the potential to contribute positively to the development of the capability to play while also enhancing the ability of human caregivers to understand and interact with care recipients. (shrink)

As we near a time when robots may serve a vital function by becoming caregivers, it is important to examine the ethical implications of this development. By applying the capabilities approach as a guide to both the design and use of robot caregivers, we hope that this will maximize opportunities to preserve or expand freedom for care recipients. We think the use of the capabilities approach will be especially valuable for improving the ability of impaired persons to interface more effectively (...) with their physical and social environments. (shrink)

This paper reviews Aristotle’s problematic relationship with modern economic theory. It argues that in terms of value and income distribution theory, Aristotle should probably be seen as a precursor to neither classical nor neoclassical economic thought. Indeed, there are strong arguments to be made that Aristotle’s views are completely at odds with all modern economic theory, since, among other things, he was not necessarily concerned with flexible market prices, opposed the use of money to acquire more money, and did not (...) think that the unintended consequences of human activity were generally beneficial. The paper argues however, that this interpretation goes too far. The Benthamite neoclassical theory of choice can be seen as a dumbing down of Aristotle’s theory, applicable to animals, not humans. Adam Smith and Karl Marx were deeply influenced by Aristotle’s work and both started their main economic works with Aristotle: Smith ultimately rejecting, and Marx ultimately developing Aristotle’s views of the use of money to acquire more money. Possibilities for the future development of a new Aristotelian Economics are explored. (shrink)

An interdisciplinary theoretical framework is proposed for analysing justice in global working conditions. In addition to gender and race as popular criteria to identify disadvantaged groups in organizations, in multinational corporations (MNCs) local employees (i.e. host country nationals (HCNs) working in foreign subsidiaries) deserve special attention. Their working conditions are often substantially worse than those of expatriates (i.e. parent country nationals temporarily assigned to a foreign subsidiary). Although a number of reasons have been put forward to justify such inequalities—usually with (...) efficiency goals in mind—recent studies have used equity theory to question the extent to which they are perceived as fair by HCNs. However, since perceptual equity theory has limitations, this study develops an alternative and non-perceptual framework for analysing such inequalities. Employment discrimination theory and elements of Rawls’s ‘Theory of Justice’ are the theoretical pillars of this framework. This article discusses the advantages of this approach for MNCs and identifies some expatriation practices that are fair according to our non-perceptual justice standards, whilst also reasonably (if not highly) efficient. (shrink)

Since Rawls's Political Liberalism is by now the subject of a wide and deep philosophical literature, much of it excellent in quality, it would be foolhardy to attempt to say something about each of the major issues of the work, or to sort through debates that can easily be located elsewhere. I have therefore decided to focus on a small number of issues where there is at least some chance that a fresh approach may yield some new understanding of the (...) text: Rawls's distinction between “reasonable” and “unreasonable” comprehensive doctrines; the psychological underpinnings of political liberalism; and the possibility that political liberalism might be extended beyond the small group of modern Western societies that Rawls's historical remarks suggest as its primary focus. I also include a discussion of the much-debated issue of civility and public reason, which could hardly be avoided given its prominence in the book's reception. This paper should therefore be read not as a comprehensive account of the work but as one person's attempt to grapple, very incompletely and imperfectly, with a book that is as great as any philosophy has seen on this topic of great human urgency. (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)

The capability approach, originated by Amartya Sen is among the most comprehensive and influential accounts of justice that applies to issues of health and health care. However, although health is always presumed as an important capability in Sen’s works, he never manages to fully explain why health is distinctively valuable. This paper provides an explanation. It does this by firstly laying out the general capability-based argument for health justice. It then discusses two recent attempts to justify why health is distinctively (...) valuable from within a capability framework – these are Sridhar Venkatapuram’s conception of health as the central human meta-capability and, respectively, Norman Daniels’ embrace of the capability metric in his use of Rawls’ principle of fair equality of opportunity. The paper argues that none of these accounts succeed in providing a plausible justification of the value of health. Finally, the paper suggests an alternative more complex justification, closely tied to different but central element of the capability view, that captures the core intuitions of both Venkatapuram and Daniels’ accounts but without being vulnerable to the objections raised against each of them. This, the paper concludes, provides a promising ground on which the capability view on health justice should be founded. (shrink)

In this paper, I ask what is wrong with sufficiency. I formulate a generic sufficiency principle in relation to which I discuss possible problems for sufficientarianism. I argue against the arbitrariness–concern, that sufficiency theory need only to identify a possible space for determining a plausible threshold, and I argue against the high–low threshold dilemma concern, that multiple-threshold views can solve this dilemma. I then distinguish between currency-pluralist and currency-monist multiple-threshold views and test them against two different versions of the widely (...) shared ‘ignorance of inequality objection’ to sufficientarianism—a benefit-driven and a burden-driven version. I argue that currency-pluralist sufficiency views are better capable of responding to the former than currency-monist views. However, I show that no existing sufficiency view can provide a plausible response to the burden-driven version. Hence, I conclude that the problem of unequal distribution of burdens above the thresholds represents an overlooked threat to the sufficiency view, in any version. (shrink)

Many consider play a natural part of childhood, and although there is disagreement in the literature on what essentially defines “play” in childhood, philosophical theories of play tend to support this initial consideration. But is childhood play also something we owe each other within a framework of educational justice? This is a question yet to be addressed. In this paper, I answer this question affirmatively. I take off from a generic account of educational justice and argue that childhood play should (...) be considered a central entitlement of this account. I then argue in line with the capability approach that if we ought to protect childhood play, it should be children’s capability for play rather than the functioning of play that needs protection. I end by offering an account of the capability for childhood play. (shrink)

In recent works, Shlomi Segall suggests and defends a luck egalitarian approach to justice in health. Concurring with G. A. Cohen’s mature position he defends the idea that people should be compensated for “brute luck”, i.e. the outcome of actions that it would be unreasonable to expect them to avoid. In his defense of the luck egalitarian approach he seeks to rebut the criticism raised by Norman Daniels that luck egalitarianism is in some way too narrow and in another too (...) wide to uphold justice in health and health care distribution. He points out that a pluralistic outline of luck egalitarianism taking into account the moral requirement of meeting everyone’s basic needs can avoid this line of criticism. In this article I argue against the application of such pluralistic luck egalitarianism in matters of health distribution. First of all, Segall has not shown that luck egalitarianism handles well health distributions above a threshold of basic needs. Secondly, his way of avoiding Elizabeth Anderson’s abandonment objection is theoretically problematic. Finally, I argue that luck egalitarianism in general fails to acknowledge the moral foundation of health and health care as a basic human entitlement. Thus I conclude that luck egalitarianism fails to take health needs seriously and that it cannot therefore uphold justice in health. (shrink)

This article claims that the protection of children’s capability for play is a central social-political goal. It provides the following three-premise argument in defense of this claim: we have strong and wide-ranging normative reasons to be concerned with clusters of social deficiency; particular fertile functionings play a key role for tackling clusters of social deficiency; and finally the capability for childhood play is a crucial, ontogenetic prerequisite for the development of those particular fertile functionings. Thus, in so far as we (...) consider it a central political goal to tackle social deficiency, we should be concerned with protection of childhood play capability. This conclusion raises new insights on the importance – for global development policy as well as for welfare states’ aim to secure social justice – of protecting children’s capability to engage in playful activities. (shrink)

Much research has studied the importance of play for children’s development. However, questions of its political importance and our public institutions’ duties to protect it have been largely neglected. This article argues that childhood play is politically important due to having both intrinsic and instrumental value, and it suggests that the duty to protect the capability for play in childhood falls especially on the public health system. If this argument succeeds, it follows that we have stronger duties toward our children (...) than we currently believe. (shrink)

While philosophers have been debating for decades on whether different entities—including severely disabled human beings, embryos, animals, objects of nature, and even works of art—can legitimately be considered as having moral status, this question has gained a new dimension in the wake of artificial intelligence (AI). One of the more imminent concerns in the context of AI is that of the moral rights and status of social robots, such as robotic caregivers and artificial companions, that are built to interact with (...) human beings. In recent years, some approaches to moral consideration have been proposed that would include social robots as proper objects of moral concern, even though it seems unlikely that these machines are conscious beings. In the present paper, I argue against these approaches by advocating the “consciousness criterion,” which proposes phenomenal consciousness as a necessary condition for accrediting moral status. First, I explain why it is generally supposed that consciousness underlies the morally relevant properties (such as sentience) and then, I respond to some of the common objections against this view. Then, I examine three inclusive alternative approaches to moral consideration that could accommodate social robots and point out why they are ultimately implausible. Finally, I conclude that social robots should not be regarded as proper objects of moral concern unless and until they become capable of having conscious experience. While that does not entail that they should be excluded from our moral reasoning and decision-making altogether, it does suggest that humans do not owe direct moral duties to them. (shrink)

The idea of empowerment has gained a significant role in the discourse of poverty. I outline a restricted conception of empowerment inspired by Kant’s idea of rightful honour. According to this conception, empowerment consists in enabling individuals to assert their own human rights (juridical empowerment). I apply this conception to impoverished persons and argue that it is crucial to their self-respect, their so-called ‘power-[from-]within,’ and their political agency, and has a teleological primacy regarding our efforts to reduce poverty. I also (...) defend the idea that there is a moral right to this form of empowerment and a corresponding duty to empower the impoverished as rights-asserters. Juridical empowerment will be compatible with a pluralism of substantive accounts of the moral wrongs of poverty and with broader conceptions of empowerment. (shrink)

ABSTRACTThis article provides a Global South perspective on marginalised migrant youth and higher educational aspirations, with a specific focus on South Africa. We use data from a case study in Johannesburg to illustrate how marginalised migrant youth experience particular forms of disadvantage in their endeavours to realise their educational aspirations. Yet, educational opportunities and the achievement of educational aspirations may enhance dimensions important for individual wellbeing. Through education, marginalised migrant youth become better positioned to pursue what they have reason to (...) value, including escaping poverty in both their home and host countries. Using the human development and capability lens, the paper also presents what the disadvantages experienced by marginalised migrant youth may mean for human development. We argue that constrained educational aspirations can result in corrosive disadvantage and ultimately systemic poverty. We conclude the paper by highlighting how the capability approach could be used to inform social and educational policies in contexts of marginalisation. (shrink)

People who have not experienced diseases and health conditions tend to judge them to be worse than they are reported to be by people who have experienced them. This phenomenon, known as the disability paradox, presents a challenge for health policy, and in particular, healthcare resource distribution. This divergence between patient and public preferences is most plausibly explained as a result of hedonic adaptation, a widespread phenomenon in which people tend to adapt fairly quickly to the state they are in, (...) good or bad, and adjust their baseline utility accordingly.If patient utilities can be shown to be inappropriate for use in public policy decision making, the disability paradox fades away. This paper offers a critique of one such attempt: the idea that adaptation leads to adaptive preferences. I argue that none of the main accounts of adaptive preferences in fact characterise adapted patient preferences as irrational. Adapted preferences should not, therefore, be treated as synonymous with adaptive preferences. I suggest that much patient adaptation should be understood as a form of the ubiquitous human ability to respond to environmental change. Consequently, we ought not to discount patient preferences. (shrink)

The capability approach constitutes a significant contribution to social theory but its potential is diminished by its insufficient treatment of the social construction of meaning. Social meanings enable people to make value judgements about what they will do and be, and also to evaluate how satisfied they are about what they are able to achieve. From this viewpoint, a person’s state of wellbeing must be understood as being socially and psychologically co-constituted in specific social and cultural contexts. In this light, (...) the telos of ‘living well’ which is at the heart of Sen’s version of the capability approach is inadequate and must be modified to a telos of ‘living well together’ which includes consideration of the social structures and institutions which enable people to pursue individual freedoms in relation to others. The policy significance of the capability approach can be further strengthened by paying greater consideration to the political economy of policy decision-making processes and the ways in which conflicts and distributions of power are institutionalized. (shrink)

I argue that some instances of constitutional religious establishment can be consistent with an expressivist interpretation of democratic legitimacy. Whether official religious endorsements disparage or exclude religious minorities depends on a number of contextual considerations, including the philosophical content of the religion in question, the attitudes of the majority, and the underlying purpose of the official status of the religious doctrine.

It is often argued that it does not matter morally whether biomedical interventions treat or prevent diseases or enhance nondisease traits; what matters is whether and how much they promote well-being. Therapy and enhancement both promote well-being, the argument goes, so they are not morally distinct but instead continuous. I provide three reasons why this argument should be rejected when it is applied to choices concerning the genetic makeup of future people. First, it rests on too simple a conception of (...) the badness of disease. Second, it wrongly assumes that disease avoidance and enhancement can proceed with similar accuracy. Third, it overlooks that disease avoidance tends to be more urgent than enhancement from the point of view of distributive justice. Although none of these reasons establishes a firm therapy-enhancement distinction, they show that a continuum model is not an attractive alternative. (shrink)

The value of health states is often understood to depend on their impact on the goodness of people's lives. As such, prominent health states metrics are grounded in particular conceptions of wellbeing – e.g. hedonism or preference satisfaction. In this paper, I consider how liberals committed to the public justification requirement – the requirement that public officials choose laws and policies that are justifiable to their citizens – should evaluate health states. Since the public justification requirement prohibits public officials from (...) appealing to controversial conceptions of the good life, liberals committed to this principle face a significant puzzle. (shrink)

Tras abordar el análisis del pluralismo de valores y proponer una interpretación de los derechos humanos como valores plurales, la autora se centra en un caso jurisprudencial de conflicto de derechos fundamentales que pone de manifiesto el tipo de problemas jurídicos y morales que el pluralismo presenta. Finalmente, se examinan el multiculturalismo y el cosmopolitismo como modelos filosófico-políticos para la comprensión de las sociedades plurales.

Social science research, whether observational or interventional, is confronted with situations where the dignity of participants and respect for cultural practices can be seriously affected. The aim of this article is twofold. Firstly, we will reflect on the ethical challenges facing social science research with special consideration of research in contexts of vulnerability. Secondly, we will propose the Kantian sense of respect as a normative framework to guide social science research.

El artículo analiza cómo se relaciona la premisa normativa de la dignidad humana con la evaluación del fenómeno migratorio. Para aquello, da cuenta de una concepción de dignidad humana que no recurre a presupuestos naturalistas ni supraempíricos, y presenta tres alternativas diferentes para otorgarle contenido normativo en base a un umbral suficientarista. Desde estas perspectivas, se sostiene que el trato corriente que se da a los refugiados, a los desplazados medioambientales y a los inmigrantes económicos, amenaza su dignidad y debe, (...) por tanto, dar paso a otros modos de hacer frente al fenómeno migratorio. (shrink)

El artículo sostiene que la teoría liberal está tensionada por una pretensión de universalidad normativa y su implementación institucional en el contexto de los Estados nacionales. Esta tensión se expresa claramente en el caso de la inmigración con la demanda estatal de control discrecional de las fronteras. El artículo desarrolla cuatro argumentos a favor de la relevancia normativa de las fronteras, y sostiene que no son conclusivos. Correspondientemente, desde una perspectiva liberal se dispondría de menos argumentos para justificar el cierre (...) discrecional de las fronteras. (shrink)

O artigo apresenta algumas estratégias recorrentes para justificar os direitos culturais (tais como comunidade justificativa, o valor da diversidade, as teorias do reconhecimento da diferença cultural, o valor da autonomia, a justificação de igualdade) e as examina criticamente à luz de seus próprios méritos, a partir da perspectiva do liberalismo enquanto doutrina política. De acordo com o artigo, todas essas justificativas são fadadas ao fracasso.

The obligations set by the individual right to health are likely to conflict, at least if states are its addressee, with the obligations set by the collective rights to self‐determination that certain sub‐state communities have (or should be recognized). In this paper, I argue that conceiving of the right to health and of collective rights to self‐determination as both aiming at the promotion of individual agency might help us alleviate this particular problem. To do so, I first explain how we (...) can conceive of the right to health and of collective rights to self‐determination as protecting crucial aspects of individuals' agency. It is because both health and the capacity to participate in particular collectives are important ways in which our agency is enabled. I then argue that this conception of the purpose of those rights offers a principle to guide our practical deliberation when the protection of health and the protection of collective self‐determination seem to conflict. Finally, I specify how I think this principle might guide us when it comes to understanding the obligations that the right to health sets for the state towards members of selfdetermining sub‐state communities, both in terms of the provision of healthcare goods and services and the provision of the underlying determinants of health. (shrink)

?Power, not pity? is a demand articulated by the Poor People's Economic Human Rights Campaign in the United States. The article discusses the ways in which some poverty activists are deploying an ethical discourse of human rights as a way of thinking about, talking about and mobilising against poverty and as a way of articulating concrete demands. They are staking a claim to power and to recognition as well as redistribution. It concludes that as an ethical discourse human rights performs (...) an important symbolic and mobilising function but that its effectiveness as a political tool in combating poverty is yet to be proven. (shrink)

The paper intends to initiate a discussion on the politico-liberal concept of judgment. It is argued that whilst political liberalism (PL) – presented as an account of political objectivity – already appeals to judgment, this conception is an unsatisfactory one. This critical assessment is supported by the juxtaposition of PL with an Arendtian understanding of political objectivity which offers a more robust account of judgment. In the conclusion, the possibility of applying the Arendtian solution to PL is outlined.