Though genuine (voluntary, deliberate) consent of the governed does not occur in modern states, political legitimacy still requires something that does what consent does. Dereification of the state (recognizing that citizens continually create their state), combined with a defensible notion of moral responsibility, entails citizens' moral responsibility for their state. This implies that we may treat citizens morally as if they consented to their state, yielding a moral equivalent of consent of the governed, and a conception of political legitimacy applicable (...) to modern states thought legitimate. It implies that legitimate states have a moral right to rule, and their citizens have a prima facie moral obligation to obey the law. (shrink)

Thomas Pogge claims "that, by shaping and enforcing the social conditions that foreseeably and avoidably cause the monumental suffering of global poverty, we are harming the global poor ... or, to put it more descriptively, we are active participants in the largest, though not the gravest, crime against humanity ever committed." In other words, he claims that by upholding certain international arrangements we are violating our strong negative duties not to harm, and not just some positive duties to help. I (...) shall argue that even if Pogge were correct in claiming that certain rich states or at least the rich states collectively violate certain negative duties towards the poor and harm the poor, he is far too hasty in concluding that "we," the citizens of those states, are thus harming the global poor or violating our negative duties towards them. In fact, his conclusion can be shown to be wrong not least of all in the light of some of his own assumptions about collective responsibility, the enforceability of human rights, and terrorism. In addition, I will also argue that his view that we share responsibility for the acts of our political "representatives," who allegedly act "on our behalf," is unwarranted. (shrink)

Pogge and Wenar have recently argued that we are responsible for the persistence of the so-called ‘resource curse’. But their analyses are limited in important ways. I trace these limitations to their undue focus on the ways in which the international rules governing resource transactions undermine government accountability. To overcome the shortcomings of Pogge’s and Wenar’s analyses, I propose a normative framework organized around the social value of government responsiveness and discuss the implications of adopting this framework for future normative (...) assessment of the resource curse and our relationships to it. (shrink)

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him to shift illicitly between negative and (...) positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)

Many political philosophers hold the Feasible Alternatives Principle (FAP): justice demands that we implement some reform of international institutions P only if P is feasible and P improves upon the status quo from the standpoint of justice. The FAP implies that any argument for a moral requirement to implement P must incorporate claims whose content pertains to the causal processes that explain the current state of affairs. Yet, philosophers routinely neglect the need to attend to actual causal processes. This undermines (...) their arguments concerning moral requirements to reform international institutions. The upshot is that philosophers’ arguments must engage in causal analysis to a greater extent than is typical. -/- [Supplement: Handout available at http://db.tt/fyuVW3Xv]. (shrink)

Millions of people in the developing world lack access to curative drugs. Pogge identifies the cause of this problem as a lack of redistribution across borders. In contrast, this article shows that institutional shortcomings within developing countries are the main issue. These different explanations are the result of diverging analytic approaches to ethics: a cosmopolitan approach versus an ordonomic approach. This article compares both approaches with regard to how they conceptualize and propose to solve the problem of providing life-saving pharmaceuticals (...) to the poor in developing countries. (shrink)

Many assert that affluent countries have contributed in the past to poverty in developing countries through wars of aggression and conquest, colonialism and its legacies, the imposition of puppet leaders, and support for brutal dictators and venal elites. Thomas Pogge has recently argued that there is an additional and, arguably, even more consequential way in which the affluent continue to contribute to poverty in the developing world. He argues that when people cooperate in instituting and upholding institutional arrangements that foreseeably (...) result in more severe or more widespread poverty or human rights deficits than would foreseeably result under feasible alternative arrangements, they are contributors to these harms. Because of this, he argues, they have stringent, contribution-based (or negative) duties to address this poverty. We will call this the ‘Feasible Alternatives Thesis' (FAT), and our aim in this article is to examine it critically. (shrink)

Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can be interpreted (...) in two different ways. Unfortunately, both interpretations are problematic. Lastly, I suggest a strategy for amending this problem. (shrink)

This article argues that Thomas Pogge's important theory of global justice does not adequately appreciate the relation between interactional and institutional accounts of human rights, along with the important normative role of care and solidarity in the context of globalization. It also suggests that more attention needs to be given critically to the actions of global corporations and positively to introducing democratic accountability into the institutions of global governance. The article goes on to present an alternative approach to global justice (...) based on a more robust conception of human rights grounded in a conception of equal positive freedom, in which these rights are seen to apply beyond the coercive political institutions to which Pogge primarily confines them (e.g. to prohibiting domestic violence), and in which they can guide the development of economic, social and political forms to enable their fulfillment. (shrink)

This paper presents a reconstruction of and some constructive comments on Thomas Pogge’s conception of global justice. Using Imre Lakatos’s notion of a research program, the paper identifies Pogge’s “hard core” and “protective belt” claims regarding the scope of fundamental principles of justice, the object and structure of duties of global justice, the explanation of world poverty, and the appropriate reforms to the existing global order. The paper recommends some amendments to Pogge’s program in each of the four areas.

The topic of the paper is the justness of the so-called global redistributive wars — wars whose prime purpose would be the correction of global economic and power structures that are said to cause suffering in poor countries. My aim is to comment on Kasper Lippert-Rasmussen’s argument concerning the implications of Thomas Pogge’s theory of global poverty. Pogge has argued that affluent coun-tries uphold global institutional structures that have a significant causal role in leading to the poverty-related deaths of millions (...) of peo-ple who live in poor countries. According to Pogge, rich countries harm the citizens of poor countries. The argument by Lippert-Rasmussen is important, as it suggests that Pogge’s theory of the causes of global poverty, if correct, has a strange implication, namely, the implication that poor countries are or at least could be entitled to a military attack against rich countries. In this paper I will try to show that Lippert-Rasmussen’s argument is not fully compelling, and I will argue that it is not clear whether a global redistributive war would meet the principle of just cause. (The paper is here: http://www.kantiana.ru/upload/iblock/0ff/2014_12_01_raikka.pdf). (shrink)

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

When are international inequalities in health unjust? This discussion falls short of providing an answer because we remain unclear just what kinds of obligations states and international institutions and rule-making bodies have regarding health inequalities across countries. To arrive at a real answer, we must carry out the task of explaining the substance of international obligations for the various kinds of cooperative schemes, international agencies, and international rule-making bodies in order to specify when the internationally socially controllable factors affecting health (...) are justly distributed and regulated. (shrink)

Many advocate practices of ‘local food’ or ‘locavorism’ as a partial solution to the injustices and unsustainability of contemporary food systems. I think that there is much to be said in favor of local food movements, but these virtues are insufficient to immunize locavorism from criticism. In particular, three duties of international ethics—beneficence, repair and fairness—may provide reasons for constraining the developed world’s permissible pursuit of local food. A complete account of why (and how) the fulfillment of these duties constrains (...) locavorism will require extensive empirical evidence about the relationship between agricultural demand-led industrialization, international trade (rules), and local food practices. In this paper I can only gesture at some of this evidence and, for that reason, my policy prescriptions are merely provisional. Instead, the upshot of this paper is that advocates of locavorism ought to be attentive to the empirical-dependence of the moral permissibility of their projects. As local food ‘scales up’—and comes to be embraced as a goal of political communities—these concerns should receive even greater attention. (shrink)

En este artículo se consideran y critican algunas de las propuestas planteadas en la discusión contemporánea sobre los modelos normativos para un nuevo orden internacional. Primero, se discute la estrategia argumentativa de Rawls, en la cual se opone a la idea cosmopolita de una transformación del orden internacional a partir de las exigencias de justicia económica global. Segundo, se muestra que la propuesta de justicia global planteada por Pogge es insuficiente, porque aunque formula una propuesta redistributiva global, no plantea el (...) problema de la transformación del sistema de relaciones de poder en el orden capitalista actual. En tercer lugar es presentada la propuesta de Cristina Lafont de un modelo pluralista de los derechos humanos y considerada críticamente su perspectiva de construcción de una política que se oriente a la regulación del orden económico mundial, enmarcada en un nuevo discurso de los derechos humanos. This article is focused on the consideration and critique of some of the ideas exposed by the contemporary reflection on the normative models for a new international order. First, it discuses Rawls argumentative strategies, in which it is exposed the cosmopolitan idea of the transformation of the world order, beginning from the global economic justice requirement. Second, it demonstrates that the approach of Pogge's global justice is insufficient because although he formulates a global redistributive proposal, it does not touch the problem concerning the transformation of the relational power system within the current capitalist order. Lastly, it presents Cristina Lafont's proposal for a human rights pluralist model, and considers, critically, her perspective for a regulatory-oriented world economic politics, within the new discourse on human rights. (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)

Do we violate human rights when we cooperate with and impose a global institutional order that engenders extreme poverty? Thomas Pogge argues that by shaping and enforcing the social conditions that foreseeably and avoidably cause global poverty we are violating the negative duty not to cooperate in the imposition of a coercive institutional order that avoidably leaves human rights unfulfilled. This article argues that Pogge's argument fails to distinguish between harms caused by the global institutions themselves and harms caused by (...) the domestic policies of particular states and collective action problems for which collective responsibility cannot be assigned. The article also argues that his position relies on questionable factual and theoretical claims about the impact of global institutions on poverty, and about the benefits and harms of certain features of these institutions. Participation in, and benefit from, global institutions is unlikely to constitute a violation of our negative duties towards the poor. Key Words: justice • international regimes • institutions • human rights • trade. (shrink)

Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political agency of parents, guardians and trustees over other adult citizens. This article offers an (...) alternative to this conceptual frame of reference by making a case for the political agency of infants. Firstly, it maintains that political agency can be understood in terms of the several facets involved in political representation. Secondly, it claims that the all-affected principle can be reformulated as an ‘infant-affected-interests principle’ in light of which infants are members of the class of the represented. Thirdly, it explores the ways through which this political agency can occur without having to resort to alternative conceptions of representation. The conclusion ascertains that infant enfranchisement is highly undesirable and that there are more viable forms to promote infant political agency, such as virtual representation, infant-beneficial principles of political action and ombudspersons for infants. (shrink)

This paper analyzes an unpublished theory about the origin of global injustices that consider developing countries ethically responsible ontological units. The empirical case studies concern the relationships between multinational companies from developed states and Latin American states. These cases are analyzed based on a qualitative methodology of applied political philosophy and correspond to twelve instances of injustice judged by the Inter-American Court of Human Rights between 1980 and 2014. The article concludes that the distortions in an emerging Ethics of the (...) interdependence of the States, as the acting in bad faith of the governments of developing countries, largely explains the origins of the unfair global distribution of wealth and the economic refugees that it produces. (shrink)

Whenever fellow humans suffer due to natural catastrophes, we have a duty to help them. This duty is not only acknowledged in moral theory, but also expressed in ordinary people’s reactions to phenomena such as tsunamis, hurricanes, and earthquakes. Despite being widely acknowledged, this duty is also widely disputed: some believe it is a matter of justice, others a matter of charity. Although central to debates in international political theory, the distinction between justice and charity is hardly ever systematically drawn. (...) To fill this gap in the literature, I consider three accounts of this distinction, the ‘Agent-based’, the ‘Recipient-based’, and the ‘Mixed’ View, and argue that they are all unsatisfactory. I then offer a fourth alternative, the ‘Autonomy’ View, which successfully overcomes the difficulties affecting its rivals. I conclude by considering the implications of this view for the moral grounds of disaster relief in earthquake-stricken Haiti, New Zealand, and Japan. (shrink)

European Journal of Political Theory, Volume 21, Issue 2, Page 368-389, April 2022. Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political agency (...) of parents, guardians and trustees over other adult citizens. This article offers an alternative to this conceptual frame of reference by making a case for the political agency of infants. Firstly, it maintains that political agency can be understood in terms of the several facets involved in political representation. Secondly, it claims that the all-affected principle can be reformulated as an ‘infant-affected-interests principle’ in light of which infants are members of the class of the represented. Thirdly, it explores the ways through which this political agency can occur without having to resort to alternative conceptions of representation. The conclusion ascertains that infant enfranchisement is highly undesirable and that there are more viable forms to promote infant political agency, such as virtual representation, infant-beneficial principles of political action and ombudspersons for infants. (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)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (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)

Was heißt es, sich in unserer globalisierten Welt als eine vollverantwortliche Person zu verstehen und zu verhalten? Einerseits scheint es richtig, dass wir global verantwortlich sind, d.h. dass wir auch gegen entferntes Leid etwas tun sollten; andererseits aber ist wegen vielfacher Überforderungsproblemen unklar ist, wie man diese Verantwortung tatsächlich übernehmen können soll – was wiederum dagegen spricht, dass wir diese Verantwortung berechtigtermaßen zuschreiben können. Um einen Aspekt dieses großen Themas zu behandeln, konzentriere ich mich in diesem Aufsatz auf den Anwendungsbereich (...) von extremer Armut und argumentiere in folgenden Schritten. Zuerst spitze ich das Thema zu auf ein Problem, das Samuel Scheffler in diesem Zusammenhang konstatiert hat, nämlich einen Widerstreit zwischen dem, was Verantwortung unter den Bedingungen der Globalisierung bedeutet und dem, wie wir uns grundsätzlich als Handelnde zu verstehen gewohnt sind. Dann zeige ich erstens, dass dem Thema einer epistemischen Überforderung dabei entscheidendes Gewicht zugesprochen wird, zweitens jedoch, dass sich, genauer besehen, dieses Problem gar nicht in dieser Art stellt. Dafür schlage ich eine Analyse des Verantwortungsbegriffs vor, die es ermöglicht, Kriterien zu identifizieren, anhand derer gewisse Grenzen gezogen werden können, so dass die Zuschreibung der Verantwortung gerechtfertigt werden kann. (shrink)

Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby failing to explore the limits (...) of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

Moral duties concerning climate change mitigation are – for good reasons – conventionally construed as duties of institutional agents, usually states. Yet, in both scholarly debate and political discourse, it has occasionally been argued that the moral duties lie not only with states and institutional agents, but also with individual citizens. This argument has been made with regard to mitigation efforts, especially those reducing greenhouse gases. This paper focuses on the question of whether individuals in industrialized countries have duties to (...) reduce their individual carbon footprint. To this end it will examine three kinds of arguments that have been brought forward against individuals having such duties: the view that individual emissions cause no harm; the view that individual mitigation efforts would have no morally significant effect; and the view that lifestyle changes would be overly-demanding. The paper shows how all three arguments fail to convince. While collective endeavours may be most efficient and effective in bringing about significant changes, there are still good reasons to contribute individually to reducing emission. After all, for most people the choice is between reducing one’s individual emissions and not doing anything. The author hopes this paper shows that one should not opt for the latter. (shrink)

The familiar complaint that some ambitious proposal is infeasible naturally invites the following response: Once upon a time, the abolition of slavery and the enfranchisement of women seemed infeasible, yet these things were actually achieved. Presumably, then, many of those things that seem infeasible in our own time may well be achieved too and, thus, turn out to have been perfectly feasible after all. The Appeal to History, as we call it, is a bad argument. It is not true that (...) if some desirable state of affairs was actually achieved, then it was feasible that it was achieved. “Actual” does not imply “feasible,” as we put it. Here is our objection. “Feasible” implies “not counterfactually fluky.” But “actual” does not imply “not counterfactually fluky.” So, “actual” does not imply “feasible.” While something like the Flukiness Objection is sometimes hinted at in the context of the related literature on abilities, it has not been developed in any detail, and both premises are inadequately motivated. We offer a novel articulation of the Flukiness Objection that is both more precise and better motivated. Our conclusions have important implications, not only for the admissible use of history in normative argument, but also by potentially circumscribing the normative claims that are applicable to us. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We owe (...) duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

Thomas Pogge argues that affluent people in the developing world have contribution-based duties to help protect the poor. And it follows from Pogge's most general thesis that affluent people are contributing to most, if not all, instances of global poverty. In this article I explore two problems with Pogge's general thesis. First, I investigate a typical way in which affluent people would be contributing to global poverty according to Pogge: that affluent countries use their superior bargaining power to get poor (...) countries to accept trading schemes that are unduly favourable to the affluent. I suggest that this type of relation is best understood as exploitation, and that Pogge's general thesis is better understood as a thesis about how affluent people exploit poor people rather than about how they contribute to poverty. Second, I argue that the exploitation does not have the normative content of doing harm. Although exploiting people is often morally wrong, it is not at all clear how demanding exploitation-based duties are. (shrink)

In this article I consider Thomas Pogge’s thesis that affluent countries are violating the human rights of the global poor by contributing support to the current global institutional order. My claim is that affluent countries are not violating the human rights of the global poor in the ways suggested by Pogge. I start by defining a set of conditions that ought to obtain in order to say that a human rights violation has taken place. Then I consider two possible interpretations (...) of Pogge’s thesis and argue that none of them fulfills the conditions required to speak of a human rights violation. On my view, as long as domestic states have the capacity to fulfill the human rights of their own people, poverty constitutes a domestic human rights violation even if the international institutional order somehow contributes to creating this state of affairs. Finally, I examine what transnational duties human rights entail and claim that affluent countries must contribute to the creation of an international order providing domestic states accurate background conditions for the promotion of human rights at the domestic level. (shrink)

Vaikka suurin osa viimeaikaisesta ilmaston lämpenemisestä on ihmisten aiheuttamaa antropogeenista lämpenemistä, yksittäisten ihmisten kausaalinen vaikutus ilmastonmuutokseen on minimaalinen, jopa mitätön. Tämän takia jotkut väittävät, että on harhaanjohtavaa pitää yksilöitä vastuussa ilmastonmuutoksesta. Tällainen argumentointi perustuu perinteisiin vastuutulkintoihin ja -käsitteisiin, joissa vastuun perustana painotetaan toimijan näkökulmaa ja hänen kausaalista rooliaan: jos toimijan teot tai tekemättä jättämiset eivät vaikuta lopputulokseen, hän ei ole vastuussa siitä. Ilmastonmuutoksessa on toinenkin vastuukäsitysten kannalta ongelmallinen seikka, intentionaalisuus eli tahallisuus: ihmiskunta tai yksittäiset ihmiset eivät ole tietoisesti lähteneet muuttamaan (...) ilmastoa. Päinvastoin ilmastonmuutos on syntynyt teollistumisen ja nykyisen elämäntyylimme tahattomana – ja pitkään myös tiedostamattomana – sivuvaikutuksena. Koska omien tekojemme kausaalinen vaikutus sekä niiden tahallisuus tai tahattomuus on luonnollisesti keskiössä arvioidessamme omaa vastuutamme, mahdollinen osallisuutemme vahingon tuottamiseen jää helposti vähemmälle huomiolle. -/- Keskityn tässä artikkelissa osallisuusvastuun (complicity) käsitteeseen ja argumentoin samalla liian yksilökeskeistä ajattelua vastaan. Kollektiivinen toimijuus on otettava huomioon siinä missä yksilökeskeinenkin. Vastuunkantaja ja vastuun peruste ovat analyyttisesti erillisiä käsitteitä, ja niiden tarkastelu voi valottaa vastuukeskustelua ilmastonmuutoksesta. Vastuun peruste voi olla yksilöllinen silloinkin, kun vastuunkantaja on kollektiivinen. Lisäksi argumentoin, että vastuusta puhuttaessa ei riitä katsoa asiaa vain toimijan itsensä kannalta, vaan myös uhrin ja sivustakatsojan näkökulmat on otettava huomioon. Vasta kun vastuukäytäntöjä tarkastellaan ihmisten keskinäisten (usein monimutkaisten) verkostojen ja linkitysten kautta, voidaan saada tasapainoinen kuva vastuumme määrästä ja sen rajoista. -/- Yksilön vastuu ei poista vastuuta kollektiiveilta, kuten valtioilta, ja voimme tehokkaimmin hillitä ilmastonmuutosta esimerkiksi lainsäädännön kautta. Ennen kuin kollektiiviset ratkaisut ilmastonmuutoksen hillitsemiseksi saadaan toimimaan, vastuu palautuu kuitenkin yksilöille. Vastuun peruste on aina yksilötasolla ja sitä voidaan ainoastaan delegoida kollektiiveille. Ilmastonmuutoksen kohdalla delegointi ei ole vielä toiminut. (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)

While it is well recognized that many everyday consumer behaviors, such as purchases of sweatshop goods, come at a cost to the global poor, it has proven difficult to argue that even knowing, repeat contributors are somehow morally complicit in those outcomes. Some recent approaches contend that marginal contributions to distant harms are consequences that consumers straightforwardly should have born in mind, which would make consumers seem reckless or negligent. Critics reasonably reply that the bad luck that my innocent purchase (...) contributes distantly to harm provides insufficient grounds for moral blame; moreover, such distant and seemingly inevitable collective effects are not by themselves obvious reasons for agents to refrain from acting. Granting these criticisms, I argue that the harm that agents do through knowing contributions to distant collective harm actually builds on the morally sparse agential phenomenology of everyday purchases and decisions: contributors who knowingly disregard distant harms, rather than being reckless or negligent about consequences they should have foreseen, very directly perpetuate the moral invisibility and the lack of recognition from which the global poor generally suffer. This provides agents with clearer moral reasons to refrain from knowing participation in unstructured collective harms, and clearer reason to bear them in mind in acting. (shrink)

The climate crisis has implications for the idea of justice. The paper explores this idea to inquire whether climate change wrongs animals and, if it does, how these wrongs are constitutive of an injustice. The first question is answered in the positive to then propose an answer to the second question through an account of climate injustice articulated as a problem of distribution of ecological space. On that basis, the general conclusion of the paper is that at least some harms (...) suffered by animals are constitutive of climate distributive injustices. They are cases of wrongful appropriation of ecological space, that is, of the benefits that the Earth’s life-support systems and its physical resources provide to sentient animals. These are wrongs against animals that should be condemned, prohibited and redressed. (shrink)

Are the state’s obligations to victims of its own wrongdoing greater than to persons who have suffered from bad luck? Many people endorse an affirmative answer to this question. Call this the Difference View. This view can seem arbitrary from the perspective of the victims in question; why should a victim of bad luck, who is just as badly off through no fault of her own, be entitled to less assistance from the state than a victim of state-caused wrongful harm? (...) This paper defends a qualified version of the Difference View, the Threshold Version of the Difference View. According to this view, all disadvantaged persons, no matter what the cause of their disadvantage, must be compensated until they reach a minimum threshold of wellbeing; however, among disadvantaged persons above this threshold, full compensation is owed for those who are victims of state wrongdoing, whereas full compensation is not necessarily owed to those who are disadvantaged due to bad luck. (shrink)

ABSTRACT: BACKGROUND: The governments and citizens of the developed nations are increasingly called upon to contribute financially to health initiatives outside their borders. Although international development assistance for health has grown rapidly over the last two decades, austerity measures related to the 2008 and 2011 global financial crises may impact negatively on aid expenditures. The competition between national priorities and foreign aid commitments raises important ethical questions for donor nations. This paper aims to foster individual reflection and public debate on (...) donor responsibilities for global health. METHODS: We undertook a critical review of contemporary accounts of justice. We selected theories that: (i) articulate important and widely held moral intuitions; (ii) have had extensive impact on debates about global justice; (iii) represent diverse approaches to moral reasoning; and (iv) present distinct stances on the normative importance of national borders. Due to space limitations we limit the discussion to four frameworks. RESULTS: Consequentialist, relational, human rights, and social contract approaches were considered. Responsibilities to provide international assistance were seen as significant by all four theories and place limits on the scope of acceptable national autonomy. Among the range of potential aid foci, interventions for health enjoyed consistent prominence. The four theories concur that there are important ethical responsibilities to support initiatives to improve the health of the worst off worldwide, but offer different rationales for intervention and suggest different implicit limits on responsibilities. CONCLUSIONS: Despite significant theoretical disagreements, four influential accounts of justice offer important reasons to support many current initiatives to promote global health. Ethical argumentation can complement pragmatic reasons to support global health interventions and provide an important foundation to strengthen collective action. (shrink)

Enforcing Global Justice: War, Necessity and Rights of Armed Resistance of the World’s Poor Global justice theorists have long focused on the nature and grounds of duties of the affluent to alleviate the plight of the global poor and to realize justice worldwide. The last few years has seen a flurry of work that shifts perspective to the agency and remedial rights of the global poor. Suppose due assistance is not forthcoming. Could this give the severely deprived a just cause (...) to secure their basic rights by armed force? If so, under which conditions is it all-things-considered morally permissible for them to resort to violence? This article contrasts two possible ways of grounding and conceptualizing remedial rights of armed resistance against economic injustice. Some modern global justice-based accounts endow the global poor with limited rights to wage defensive war to force the affluent to comply with duties of global justice. The old right of necessity conditionally entitles the severely deprived to use armed force to secure access to privately-owned resources and spaces to meet urgent needs. While lethal force will on both accounts be seldom all-things-considered morally permissible in practice, my analysis reveals that the old right of necessity is, for better or worse, a more capacious ground for armed resistance than modern human rights of subsistence, as it sidesteps the issues of indeterminate and underdetermined moral liability. (shrink)