Richard Penny argues that Rawls’s commitment to self-respect puts him at odds with his endorsement of unequalizing incentives. Penny draws on G.A. Cohen’s distinction between ‘lax’ and ‘strict’ readings of the difference principle to make this point. Given this, Penny concludes that Rawls faces a dilemma: either Rawls weakens his endorsement of unequalizing incentives or weakens his commitment to self-respect. By taking the difference principle in isolation, Penny creates a false dilemma. I will argue that once we place the difference (...) principle in the context of Rawls’s theory as a whole, we find that unequalizing incentives pose no danger to the self-respect of the least advantaged. Moreover, I will argue that a strict reading of the difference principle is incompatible with the self-respect of all citizens in a well-ordered society given the fact of reasonable pluralism. My arguments reveal the importance of seeing self-respect as a threshold good, rather than a relative one. (shrink)

While most theorists agree with the claim that human beings have high and equal moral standing, there are strong disagreements about how to justify this claim. These disagreements arise because there are different ways of managing the difficulty of finding a basis for this claim, which is sufficiently substantial to do this justifying work, but not vary in degree in order to not give rise to inequality of moral considerability. The aim of this paper is to review previous attempts to (...) address this difficulty and to demonstrate why they fail and then to defend another way of dealing with this challenge by applying two views: the substance view on the human person and the natural-law account of morality. My claim is that this approach has comparative advantages because it provides a binary and a normatively significant basis of justification for equality without being implausibly inclusive. (shrink)

This paper tackles with the issue of the place of comprehensive beliefs within the public space. It tries to strike a middle path between the liberal ban on comprehensive beliefs and the anti-liberal claim that comprehensive beliefs should be given full pride of place in public deliberations. The article relies on arguments that are inspired by the pragmatist tradition. It starts locating the main cause of failures at articulating comprehensive beliefs and public reason in a central feature of liberal epistemology, (...) namely the way it conceives public reason via a preliminary distinction between public and non public beliefs. After criticizing this distinction, the article introduces a distinction between the normative practice of justification and the normative practice of adjudication as a more perspicuous way to establish the place that comprehensive beliefs should play within political forums. It then concludes showing that this approach provides a satisfying answer to the issue of the public role of comprehensive beliefs in a liberal democratic regime that is respectful of citizens’ thick identities while at the same time complying with the requirements of respect set by the liberal tradition. Keywords: public reason and religion - pragmatism - liberalism - communitarianism - normative practices. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (shrink)

Legal and political philosophers of a normative bent face an uphill struggle in keeping themes of global justice and cosmopolitan governance, at the forefront of their disciplinary debate, given the perceived urgency of confronting, at the domestic level, the populist upsurge in mature democracies and “democratizing societies” alike. In this paper, these two levels of analysis—national and transnational—mutually enrich one another through a reflection on the ground of legitimacy. In the first section, neo-perfectionist approaches to the legitimation of transnational authority (...) and public reason approaches rooted in the paradigm of “political liberalism” will be contrasted. In the second section, a non-perfectionist and normative conception of the legitimacy of transnational authorities will be derived from Rawls’s “liberal principle of legitimacy” and the difference with the application of the same principle at the domestic level will be elucidated. In the third section, on the basis of such conception, one of the most complete and influential approaches to the legitimacy of transnational authorities—i.e., the “Complex Standard of Legitimacy” expounded by A. Buchanan and R. Keohane in “The Legitimacy of Global Governance Institutions”—will be critically assessed. (shrink)

During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical (...) voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future. (shrink)

Handling Religious Diversity: The Case of "Holy/Rest Days" in Italy The accommodation of a plurality of values within the same institutional framework is one of the main challenges with which contemporary democracies have been persistently confronted. This challenge has recently gained strength even in such traditionally homogeneous countries as Italy, as a consequence of an increase in the number of residents committed to diverse religious beliefs. Against this backdrop, this paper focuses on the case of requests for the legal recognition (...) of religion-specific holy/rest days in Italy. The analysis of such a case will disclose—or so we believe—some valuable pointers as to how democratic societies could try to accommodate religious diversity in a way that is both respectful of the specificities of each religious group and compatible with the typically liberal commitment to the safeguard of individual freedom. (shrink)

In his provocative book War and Self-Defense, David Rodin criticizes attempts to justify national defense based on an analogy between the individual and the state. In doing so, he treats state personality as an analogy to the personality of the individual. Yet the state possesses the key attributes of moral personality, including a conception of the good life and a sense of justice. The state's unobservable — but nevertheless real — moral personality means that it also possessed the right to (...) defend the continued existence of that personality against an attack. Subject to the same constraints that are placed on individuals, such as necessity and proportionality, the state possesses the right to national defense based on its own personality. (shrink)

Recent scholarship has tied duties of distributive justice to the existence of coercive institutions. This body of work argues that, because the international system lacks institutions that can coerce individuals in the same manner as domestic institutions, there are no international obligations to address relative poverty and inequality. Proponents of this view use it to support the existence of a compatriot preference that requires us to meet the needs of compatriots before meeting those of the global poor. Even supposing distributive (...) justice to be linked to coercion, coercive institutions do exist at the international level. These institutions coerce states rather than individuals, but their ability to coerce gives rise to duties of economic redistribution between states. (shrink)

This paper deals with Care of the Self under globalization. The first part refers to Johann P. Arnason’s interpretation of Jan Patočka’s work on super-civilization and shows the contradictions facing people in the Modern Era. It suggests that the concept of moderateness is an adequate point of departure for handling the various contradictions of the current epoch. The second part looks at selected aspects of Confucian philosophy in which moderateness, that is, the permanent search for a “middle position” is an (...) integral part of that philosophical tradition. The critical actualisation of Confucianism as proposed for instance by Heiner Roetz is seen as an appropriate way of developing the dialogical characteristics of Confucian philosophy. In the last part it is stressed that critical theory is of relevance when identifying various forms of suffering and because of its ability to understand and critically evaluate diverse cultural and social contexts. (shrink)

Reflections on Justice under the Context of Globalization This paper deals with the need to change the way in which we consider justice in connection with globalisation. It analyses injustice in countries with developed capitalism, employing the work of Axel Honneth and Nancy Fraser. The paper highlights the importance of using "critical theory" in relation to developing an acceptable understanding of the term justice, and using "critical theory" in conjunction with Hans Herbert Kögler's "philosophical hermeneutics". In order to adequately investigate (...) contemporary human civilization it is necessary to enrich our knowledge by investigating "civilisational analysis" (Johann P. Arnason). (shrink)

International organisations are actors capable of bearing moral responsibilities and ought to be accountable for their failures in doing so. However, we should understand these responsibilities and respond to their failures in the light of fuller considerations about morality and the common good. The article argues that the international community should ensure victims are attended to, but also that defaulting institutions may themselves need rehabilitation for different kinds of international common purposes to be achievable. Further, the ways in which both (...) goals are agreed and undertaken must recognise multiple perspectives, else the possibilities for durable peaceable cooperation internationally will be damaged. Even in a world of plural views, we can find sufficient proximity on matters of ‘good’ and ‘bad’ to move toward further agreement. Drawing on Braithwaite, Rawls, and Sunstein, the article argues we should search out and build on such ‘islands of agreement’ on wrongs in international life and on mutually respectful ways of responding to them. (shrink)

The principle of absolute sovereignty may have been consigned to history, but a strong presumption against foreign intervention seems to have been left in its stead. On the dominant view, only massacre and ethnic cleansing justify armed intervention, these harms must be already occurring or imminent, and the prudential constraints on war must be satisfied. Each of these conditions has recently come under pressure. Those looking to defend the dominant view have typically done so by invoking international peace and stability, (...) or the value of communal self-determination. But the internal aspect of legitimacy has been overlooked in all of this. If a government insists on defending the human rights of foreigners, it must also be sure not to violate the rights of its own citizens in the process. I argue that the current presumption against humanitarian intervention cannot be substantially relaxed for internal reasons, or given the obligations that states owe to their own constituents. (shrink)

In a bid to boost fertility levels, Iran and Japan have recently launched their own dating apps, with more countries likely to follow. The aim of this article is to consider whether state-run dating apps are morally desirable, which is a question that has not received any scholarly attention. It finds that such apps have at least two benefits that collectively, if not individually, render their introduction to be welcomed provided certain conditions are met. These benefits are that they are (...) better placed than commercial dating apps such as Tinder, Bumble, and Badoo to (i) help people find lasting love and to (ii) protect individuals from spending too much money and/or time on online dating. Several objections are discussed and shown to be unconvincing as arguments against state-run dating apps tout court, including the objection that for states to offer their own dating apps is unduly expensive; the objection that it gives them too much power; and the objection that they should invest in creating offline opportunities for meeting potential partners instead. (shrink)

This article attempts to map the broad ethical and legal contours of global child health realities. Its interest is in international duties to reduce disparities in the health of children. Specifically, it inquires into loci of collective rights and responsibilities in this context. Clarity on the sources of this responsibility and the nature of such rights will, it is hoped, contribute to enhanced and sustained action to attenuate these inequalities. A review and critique of the current topography of global health (...) ethics is followed by an analysis of international human rights law as it pertains to global health, with a particular focus on the legal dimensions of child health outcomes. Thus grounded, the article seeks to build conceptual synergies between public health ethics and human rights paradigms to underwrite collective action on global child health disparities. (shrink)

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

Molly Farneth’s Hegel’s Social Ethics hearkens back to the tradition of Josiah Royce, which has continued in the work of Richard Bernstein and Jeffrey Stout. At the same time, it reflects the impact of three decades of interpretive work which has offered an alternative to the 19th and early 20th century reading of Hegel as a metaphysical systematizer. In this new reading he was from the beginning a social critic and political theorist who looked to lay the groundwork for post‐Enlightenment (...) vision of the social world as evolving toward one of social cooperation based on mutual recognition. Farneth has developed this reading of Hegel into one of powerful resources for democratic pluralism. (shrink)

Plausible retributivist justifications for punishment assert that the commission of a moral wrong creates a pro tanto reason to punish the person who committed it. Yet there are good case-based and theoretical reasons to believe that not all moral wrongs are the proper subjects of criminal law or that they are within the proper domain of the state. This article provides these reasons, which suggest that a plausible retributivist justification for punishment must make distinctions between state-relevant and non-state-relevant moral wrongs (...) and state-relevant and non-state-relevant desert. The article makes the case for Rawlsian public reason as a plausible method for making these distinctions. (shrink)

In From Rationality to Equality, James Sterba argues that the non-moral, and non-controversial, principle of logic, the principle that good arguments do not beg-the-question, provides a rationally conclusive response to egoism. He calls this “the principle of non-question-beggingness” and it is supposed to justify a conception of “Morality as Compromise.” Sterba’s basic idea is that principles of morality provide a non-question-begging compromise between self-interested reasons and other-regarding reasons. I will focus, first, on Sterba’s rejection of the alternative Kantian rationalist justification (...) of morality, and second, I discuss the logical principle of non-question-beggingness and I argue that Sterba is wrong to assume that there is a formal, logical requirement that a rational egoist must provide a non-question-begging defense of egoism. I argue that, like the Kantian, Sterba needs a more substantial conception of practical reason to derive his conclusion. My third focus is the problem of reasonable pluralism and public reason . The Rawlsian principle of public reason is analogous to Sterba’s principle of non-question-beggingness. Sterba recognizes that public policies should respect competing perspectives and that a public conception of justice must be justifiable to all reasonable people. The problem is that that reasonable people disagree about fundamental moral questions. Rawls calls this the fact of reasonable pluralism. I argue that an intercultural conception of justice is necessary to provide a response to reasonable pluralism and a shared basis for public reason. (shrink)

This study surveys debates on citizenship, the state, and the bases of political stability. The survey begins by presenting the primary sense of 'citizenship' as a legal status and the question of the sorts of political communities people can belong to as citizens. (Multi)nation-states are suggested as the main site of citizenship in the contemporary world, without ignoring the existence of alternative possibilities. Turning to discussions of citizen identity, the study shows that some of the discussion is motivated by a (...) perceived need for citizens to have a sense of political belonging, on the assumption that such a sense promotes political activity and has other personal and social benefits. But there are serious problems with the strategy of understanding the relevant sense of belonging in terms of identification with the nation-state. The study explores a more promising way to generate this sense of belonging. First, societies should function, to a sufficiently high degree, in accord with political principles of justice and democratic decision making. Second, there should be a general consensus on political principles among citizens, as well as high levels of engagement in democratic deliberation. (shrink)

In this article I present some implications for a concept of transitional justice through the comparison of two approaches: retributive vs. restorative theories. Notwithstanding their profound differences in perspective, both models are grounded upon a strong notion of the public sphere. Accordingly, after showing why neither of the two approaches exhausts the problems of transitional justice, I will demonstrate how a ‘complete’ justification requires a certain view of public reason based upon rights as truth-constraints of the public sphere.

Our challenge for the twenty-first century consists in showing how to construct a global ethics and in trying to discover a rational foundation for it, which may be used as guidance for action and as a norm for the criticism of specific situations. I argue that four tasks must be accomplished to construct a global ethics: Construct that global governance or that world government that makes cosmopolitan citizenship possible. Foster the joint work of bioethics, economic and business ethics, and development (...) ethics – areas of applied ethics, each one of which on its own has reached the global level. Discover a rational basis for a global ethics, which has a universal normative force, but assumes cultural differences. Develop and promote a dilaogical ethics of cordial reason, which renders one capable of compassion and care. (shrink)

Increasingly, protests occur across borders and are carried out by non-nationals. Many of these protests include elements that break the laws of their host country and are aimed at issues of global concern. Despite the increasing frequency of transnational protest, little ethical consideration has been given to it. This article provides a cosmopolitan justification for transnational disobedience on behalf of self and others. The article argues that individuals may be justified in illegally protesting in other states, and that in some (...) circumstances they may do so even when laws have been legitimately constituted by the domestic constituencies of those states. Using a cosmopolitan reading of the notion of civility and of the civil realm, the article argues that transnational protests are capable of conforming to the normative and conceptual standards necessary for them to be labelled civil disobedience. As a result, they ought to carry a privileged moral status compared with other forms of protest. The article applies the All Affected Principle to argue that a democratic deficit can provide transnational protesters and resident migrants with a right to civil disobedience even where that right is not held by members of the demos they protest within. (shrink)

This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified by (...) distributive justice. Apologies and the moral relations they engage might thus be parts of a domain of justice that is neither distributive nor dependent on distributive justice. (shrink)

What does it mean to introduce the notion of imagination in the discussion about global justice? What is gained by studying the role of imagination in thinking about global justice? Does a focus on imagination imply that we must replace existing influential principle-centred approaches such as that of John Rawls and his critics? We can distinguish between two approaches to global justice. One approach is Rawlsian and Kantian in inspiration. Discussions within this tradition typically focus on the question whether Rawls's (...) theory of justice (1971), designed for the national level, can or should be applied to the global level. Can and should Rawls's Difference Principle be globalized, as Thomas Pogge argues? Is this proposal superior to Rawls's Law of Peoples (1999)? Another approach to global justice has been developed by Martha Nussbaum in Cultivating Humanity (1997), Poetic Justice (1995), and other work. I will construct her view and critically examine it by looking at her arguments about the relation between empathy, literature, and global justice. At first sight, these two approaches seem to be opposed. The former puts an emphasis on principles, universal reason, and the moral aspects of institutions and their policies, whereas the latter is rather concerned with the relation between imagination and justice, with the particular, and with the individual moral development. But is this necessarily so? I will show that both approaches could benefit from each other's insights to strengthen their own position. Moreover, I will argue for middle way between, or an integration of the two approaches that combines principles and imagination. In this way, we can move towards a more comprehensive account of global justice. (shrink)

The idea of the "original position" is one of the most famous concepts in contemporary political philosophy. Since the first publication of A Theory of Justice in 1971, the device of the original position has become a popular theoretical method in many political theorists' writings. Unfortunately, the true meaning of the original position is far from clear both in Rawls's and Rawlsians' accounts. This has caused a lot of misunderstanding and misuse of this concept in contemporary literature. This study attempts (...) to explore the more profound connotation of the original position by sorting out its relationship with Kant's categorical imperative procedure and argues that it is more appropriate to claim that Rawls's original position device is a development of Kant's categorical imperative procedure rather than the standard version of rational choice theory or social contract tradition. I demonstrate three essential similarities between Rawls's original position and Kant's categorical imperative procedure, which embodies Kantian constructivism: justificatory individualism, the reasonable presupposes and subordinates the rational, and the combination of moral and realistic considerations. (shrink)

The modern social world is unjust. It is also complex. What does this latter fact imply about the kind of approach that should be used in ameliorating the injustice expressed in the former fact? One answer, recently put forth by Jacob Barrett, is that _ideal theory_, which he understands as being fundamentally defined by the identification and subsequent pursuit of an aspirational macro-level institutional goal, lacks a place in social reform. The reason he thinks ideal theory lacks a place has (...) to do with its inability to deal with complexity. _Pace_ Barrett, I argue that ideal theory, suitably understood, can play a valuable role in social reform in a complex world. While some ideal theorists have underappreciated the extent to which complexity considerations complicate social reform, this does not mean that there is no place for it. This paper surveys the resources ideal theory has available to cope with what I call _the challenge of complexity_. Although the coping techniques will be successful to varying degrees, I believe, in aggregate, a compelling case can be made that ideal theory can combat the challenge of complexity. Still, one may worry that even if ideal theory can adequately deal with complexity, it cannot adequately deal with ever-changing social circumstances. Call this _the dancing landscape objection_. A static ideal theory cannot overcome it, but a _dynamic ideal theory_ could. In sum, dynamic ideal theory can contribute to social reform in a complex and mutable social world. (shrink)

Many liberals and secularists believe that religious schooling should not be publicly funded or that it should simply be banned. Challenging those views, I claim that although liberal states may refuse to fund and may even ban certain illiberal separate religious schools, it is impermissible, for distinctively liberal reasons, to completely ban publicly funded religious schooling. I will however argue that providing religious instruction within common public schools is more desirable than having separate religious schools. I argue that providing religious (...) instruction within common public schools is a better way to balance the educational interests of parents, children and society than banning religious schooling altogether; authorizing it but refusing to fund it; or having publicly funded separate religious schools. (shrink)

Human rights are both a means for the ideological justification of the status quo and for its utopian subversion. In order to account for this paradox we need to consider the role that our capacity to form images plays in human rights discourses. I will first discuss how best to conceptualise the capacity to produce images, which is the focus of this paper. In order to go beyond the impasse generated by philosophical approaches to imagination as an individual faculty, and (...) by sociological approaches to the imaginary understood as a social context, I propose to use the category of the ‘imaginal’, understood simply as that which is made of images and can therefore be both the product of an individual faculty and a social context. Second, I show how the imaginal enters the three major strategies of justifications of human rights, when we think of them as ‘human’, as ‘rights’ and as ‘rational’. Finally, I will show that the imaginal is also the force that compels us to enforce human rights, to put ourselves in the shoes of others and imagine a world that is different from the one in which we are currently living. (shrink)

This paper advances a framework to conceptualize societal care-giving arrangements abstractly. It is abstract in that it brackets the meaning of our particular relationships. This framework, which I call “the arrow of care map”, is a descriptive tracking model that is a necessary component of a theory of justice, but it is not a normative prescription in itself. The basic idea of the map is then multiply specifiable to track various ascriptive identity categories as well as different categories of care (...) labor. In this way, the idea of the arrow of care map serves as a conceptual frame within which to begin to understand every human society’s care-giving arrangement. I characterize it as a component of “ideal theory” insofar as it seeks to clarify our values, without the immediate aim of formulating principles to govern a just society. The resultant partial theory of justice is one that responds to non-ideal theory’s critiques of the ideological nature of liberal contractarianism’s idealizations and abstractions while moving towards new visions of a just society. (shrink)

The aim of this paper is to offer a broad characterization of the kind of account that I believe cannot plausibly face conclusively the problem of the ethics of immigration restrictions in a non-ideal world at the level of the constitutional essentials. I argue that justice-based accounts of immigration controls fail to normatively evaluate what immigration controls do to outsiders subjected to them in non-ideal conditions, so judgments of justice by themselves tend to be overall bad for the interest of (...) immigrants. I explain this by insisting that a prior question about the legitimacy of immigration controls have been overlooked by familiar accounts. A full account of the ethics of immigration suitable for guiding constitutional essentials should be able to connect distinct kinds of justice-based evaluations in order to ask both, what legitimacy requires from territorial institutional control as well as what justice requires from immigration policy. (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

This paper argues that international citizens can retain their obligations to past states and societies, and that this obligation has implications for their state of residence. While some people remain in the same state for their entire lives, international individuals generate relationships with more than one state. The paper presents the argument that individuals are obligated to their state for at least one reason. One particularly relevant implication of this obligation is the duty to pay taxes. In regard to international (...) individuals, these considerations apply to states with which they had historic relationships as well as the state in which they currently reside. The paper offers a rough proposal as to how to calculate the relative relationship that an international individual has with their past and present states and societies. This can be used to determine what proportion of a person’s total lifetime tax revenue should be shared. Although the analysis here is presented in terms of the duty of the individual towards past states, the individual need not change their behaviour to discharge the duty. The duty impacts on current states, which should acknowledge the duty of their international resident, and make sure that this is discharged appropriately to the other relevant states. (shrink)

The compatibility between Western democracy and other cultures, and the desirability of democracy, are two important problems in democratic theory. Following an insight from John Rawls’s later philosophy, and using some key passages in Mencius, I will show the compatibility between a ‘thin’ version of liberal democracy and Confucianism. Moreover, elaborating on Mencius’s ideas of the responsibility of government for the physical and moral well-being of the people, the respectability of the government and the ruling elite, and the competence-based limited (...) political participation, I shall explore the Mencian criticisms of some ‘thick’ democratic ideas. Through the discussion in this paper, I hope to show the relevance of Confucianism to contemporary political philosophy and society. (shrink)

Integrative Social Contracts Theory is a popular framework to assist managers in making decisions on international moral dilemmas. Although the theory has been praised for its comprehensiveness and sophistication, commentators have raised concerns regarding the justification and identification of substantive hypernorms, fundamental moral principles valid across cultures. This paper introduces the deliberative test, a new method for testing the cross-cultural validity of ethical norms in ISCT. The test relies on the concept of Deliberative Capacity, arising from new developments in system-level (...) deliberative democracy research, which studies deliberation at the level of national societies and over time. Based on this recent stream of research, the deliberative test has the potential of providing better guidance for managers to decide which norms to follow in case of conflicting standards between home and host countries. (shrink)

This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...) the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...) injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to protect, what (...) they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

Dozens of countries have established Sovereign Wealth Funds (SWFs) in the last decade or so, in the majority of cases employing those funds to manage the large revenues gained from selling resources such as oil and gas on a tide of rapidly rising commodity prices. These funds have raised a series of ethical questions, including just how the money contained in such funds should eventually be spent. This article engages with that question, and specifically seeks to connect debates on SWFs (...) with debates onglobaljustice. Just how good are national claims to the great wealth contained in SWFs in the first place? Using the example of Norway's very large SWF – derived from selling North-Sea petroleum – I show that national claims are at least sometimes very weak, with the implication that the wealth in many such funds is ripe for redistribution in the interests of global justice. I conclude by offering some guidance for how the money contained in such funds could best be spent, with the goal of advancing global justice. (shrink)

To whom is egalitarian justice owed? Our fellow citizens, or all of humankind? If the latter, what form might a global brand of egalitarianism take? This paper examines some recent debates about the justification, and content, of global egalitarian justice. It provides an account of some keenly argued controversies about the scope of egalitarian justice, between those who would restrict it to the level of the state and those who would extend it more widely. It also notes the cross-cutting distinction (...) between relationists (whose views on scope are derived from a belief about which relations, practices or institutions give rise to the demands of equality) and non-relationists (who place no such importance on empirical facts about the relations between individuals). Beyond this, it sets out some of the different principles that might flow from a commitment to global egalitarianism. One of the key goals is to highlight the increasing diversity within debates on global justice, so that even those with a shared commitment to global equality may espouse different views about the justifications for equality, as well as the nature of, and proper sites for, egalitarian principles. (shrink)

Many of the foremost defenders of distributive egalitarianism hold that its scope should be limited to co-citizens. But this bracketing of distributive equality exclusively to citizens turns out to be very difficult to defend. Pressure is placed on it, for instance, when we recognize its vulnerability to ?extension arguments? which attempt to cast the net of egalitarian concern more widely. The paper rehearses those arguments and also examines some ? ultimately unsuccessful ? responses which ?citizenship egalitarians? might make. If it (...) does turn out that citizenship egalitarianism cannot be defended, then two options are open to its adherents: to modify that position substantially in order to embrace at least some global egalitarian components, or to argue for a reorganization of citizenship regimes in such a way that citizenship might properly track the subjects of egalitarian justice. Both are radical options. Finally, the paper then briefly considers one way in which an attenuated form of citizenship egalitarianism might still be defended. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking resource rights to key (...) state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking resource rights to key (...) state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

The alleged problem of the dirty hands of politicians has been much discussed since Michael Walzer’s original piece (Walzer 1974). The discussion has concerned the precise nature of the problem or sought to dissolve the apparent paradox. However there has been little discussion of the putative complicity, and thus also dirtying of hands, of a democratic public that authorizes politicians to act in its name. This article outlines the sense in which politicians do get dirty hands and the degree to (...) which a democratic public may also get dirty hands. It separates the questions of secrecy, authorisation, and wrongfulness in order to spell out the extent of public complicity. Finally it addresses the ways in which those who do and those who do not acknowledge the problem of dirty hands erroneously discount or deny the problem of complicity by an appeal to the nature of democracy, a putatively essential need for political openness or to the scope of ideal theory. (shrink)