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

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

In an interdependent world of overlapping political memberships and identities, states and democratic citizens face difficult choices in responding to large-scale migration and the related question of who ought to have access to citizenship. In an influential attempt to provide a normative framework for a more just global order, The Law of Peoples , John Rawls is curiously silent regarding what his framework would mean for the politics of migration. In this piece, I consider the complications Rawls’s inattention to these (...) issues creates for his broader vision of global justice. Yet I also attempt to show how these aspects of Rawls’s theory emerge from an underlying tension which confronts all liberal democratic conceptions of justice, both in theory and in practice. In my conclusion, I sketch an alternative rooted in the insights of agonistic pluralism, which “breaks” the Rawlsian silence and actively theorizes the democratic legitimation of political borders. (shrink)

Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (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.

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...) sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

Political and economic internationalization and globalization, the rise of sub-national self-governing regions and spheres, governance replacing government and many related processes change the role and context of the nation-state, the protector of mass democracy. The concept of representation, representation as ‘acting for,’ can help develop answers to the threat that this ‘loss of polity’ poses to equal and universal access to decision-making, i.e., the ideals behind mass democracy. Examining the reasons why the two most prominent conceptions of representation – substantive (...) and descriptive – would be valuable, I argue that we can only make an uncontroversial case for substantive representation. I show that currently popular cures for ‘loss of polity’ cannot be construed as new versions of or alternatives for mass democracy. Finally, I discuss two ideal-types of more reasonable interpretations of the ideals behind mass democracy. (shrink)

Desde su origen en el siglo V a.C., la democracia como régimen político ha mantenido cierto núcleo normativo constante, la igualdad y la libertad entre sus miembros, y fuertes discontinuidades en la organización interna de sus instituciones. Las democracias modernas son igualmente deudoras de dos tradiciones: por un lado la de la soberanía popular, sea bajo la forma de una democracia directa o bajo la forma de una constitución mixta republicana; y, por otro lado, la de los derechos subjetivos innatos. (...) La democracia resolvió los dilemas que le presentaban los intereses contrapuestos por medio de dos recursos: el de la representación -que permitía incorporarlos en un cuerpo colegiado reducido dentro del cual era posible la deliberación y el acuerdo- y el de la elección universal de los representantes y mandatarios por períodos acotados. Este esquema institucional amenaza quebrarse bajo la tensión insostenible de las exigencias domésticas de cada nación, por una parte, y las potentes constricciones provenientes de una economía globalizada, por la otra. From its very beginning during the fifth century B.C. democracy, as a politi-cal regime, has maintained a constant normative nucleus; equality and freedom among its members. But it also presents notorious discontinuities in the institu-tional internal organization. Modern democracies are equally indebted to two traditions; on the one hand popular sovereignty, under the form of either direct democracy or republican mixed constitution, and innate subjective rights on the other. Democracy resolved the dilemmas that emerged from opposed interests through two ways: representation, which enables it to incorporate them in a reduced collegiate body, within which deliberation and consensus is possible, and also through the universal election of representatives and governors by pre-established periods of time. This institutional schema is dangerously falling apart due to domestic tensions within each nation, on the one hand, and the constriction coming from the globalized economy on the other. (shrink)

Cosmopolitans like Gillian Brock, Charles Beitz, and Thomas Pogge argue that the principles of justice selected and arranged in lexical priority in Rawls’ first original position would—and should for the same reasons as in the first—also be selected in Rawls’ second original position. After all, the argument goes, what reasons other than morally arbitrary ones do we have for selecting a second set of principles? A different, though undoubtedly related, point of contention is the cosmopolitan charge that Rawls fails to (...) consider the unfavorable conditions that owe themselves to global factors. Perhaps there was a time when interconnectedness and interdependency between states was not a factor, but in the current global order, this is certainly not the case. While this paper will address other related cosmopolitan concerns mentioned in Brock’s work, it is these two points that are perhaps the two biggest threats to the Rawlsian project and, as such, it is these two points that will be the primary focus of this paper. (shrink)

In this paper I examine the ethics of benefit-sharing agreements between victims and beneficiaries of injustice in the context of trans-national bodily giving, selling, and sharing. Some obligations are the same no matter who the parties to a transaction are. Prohibitions on threats, fraud and harm apply universally and their application to transactions in unjust contexts is not disputed. I identify three sources of obligations that are affected by unjust background conditions. First, power disparities may illegitimately influence transactions in unintentional (...) ways. Second, better-off individuals have duties to ameliorate injustices. These are not specifically duties to those with whom they interact, though often it is easier and more effective to help those with whom one already interacts. Third, the power differentials created by injustice make exploitative transactions more likely. I summarize a transactional account of exploitation and argue that avoiding exploitation is usually easiest to achieve by ensuring that the more powerful party does not obtain an unfair share of the benefits from the transaction. The beneficiaries of a transaction do not have to be only those individuals directly involved in it. Indeed, in many cases it is thought that exploitation may be avoided by providing benefits to third parties. Working out when this is the case requires working out when a contribution or burden on another’s behalf can count towards the avoidance of exploitation. I argue that it counts as such in two main cases: when the people in question are already involved in relationships of reciprocation, and when the individual making the contribution identifies with the interests of the other people. (shrink)

In her political philosophy, Martha C. Nussbaum defends liberal political principles on the basis of an objective conception of the good of human beings. This paper examines whether her argument succeeds. It identifies three methods to which Nussbaum refers in order to select the central human capabilities, whose exercise is seen as constituting the human good. It asks whether these methods – the interpretation of actual ways of human self-understanding, the search for necessary anthropological features, and the idea of an (...) overlapping consensus – can yield liberal political principles. The paper concludes that it is doubtful that the first two methods will lead to this result. As to the third method, it may yield liberal principles only insofar as it relies on the notion of human dignity which is interpreted in a way that contains a strong view of equality of all human beings. In this way, universal liberal principles are not primarily based on considerations of the human good, but on a genuine moral standpoint. (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)

Can John Stuart Mill’s radicalism achieve liberal egalitarian ends? Joseph Persky’s The Political Economy of Progress is a provocative and compelling discussion of Mill’s economic thought. It is also a defense of radical political economy. Providing valuable historical context, Persky traces Mill’s intellectual journey as an outspoken proponent of laissez-faire to a cautious supporter of co-operative socialism. I propose two problems with Persky’s optimistic take on radical social reform. First, demands for substantive equality have led past radicals to endorse exclusionary (...) nationalist and eugenics policies. It pushes some contemporary radicals towards illiberal interventions into intimate social life. Second, the radical critique of capitalism relies on an account of profit that neglects the epistemic function of private-property markets. Once this is acknowledged, capitalism retains some progressive credentials against radical alternatives. (shrink)

Rawls’ realistic utopia has been subject to much criticism. The Realist claims Rawls’ realistic utopia to be too utopian. The Cosmopolitan, on the other hand, claims Rawls’ realistic utopia to be insufficiently utopian. In this essay, I argue that the criticism can be circumvented by means of clarifying an ambiguity in the concept of utopia. I argue that the Realist is not criticizing Rawls for being utopian, but unrealistic, impractical and idealistic (quixotic). The Cosmopolitan might be right in criticizing Rawls (...) for not being utopian enough. The orthodox understanding of utopia, adopted by the Cosmopolitan is, however, in itself quixotic. Drawing on Le Guin’s The Dispossessed, I propose a novel understanding of how utopia ought to be understood. Once the Rawlsian adopts this conception of utopia, it alleviates the objections raised by the Realist and the Cosmopolitan. (shrink)

In this paper, I challenge Joshua Cohen’s denial of the existence of a human right to democracy, using for that purpose arguments presented by Cohen himself in other occasions. In a first section, I explain five contradictions in which I believe Cohen incurs with respect to his previous works. In a second section, I explain two conclusions that I believe can be derived from this development: first, that the right of peoples to self-determination does not impede the existence of a (...) human right to democracy, and second, that this reasoning is not only applicable to the domestic order, but also to global decision-making. (shrink)

In a recent article Allan Buchanan and Robert Keohane defend the view that one of the necessary conditions for the legitimacy of global governance institutions such as the WTO and the IMF is that they respect basic human rights. I certainly agree that setting the minimal threshold of moral acceptability any lower would be entirely unreasonable. But, unfortunately, the view that global governance institutions have human rights obligations is far from uncontroversial. These institutions themselves go to great lengths to deny (...) such a claim. Their official stance finds strong normative support in the state-centric conception of human rights that dominates both normative debates about human rights and current human rights practice. In this article I challenge some of the normative assumptions behind the state-centric conception in order to defend a pluralist conception that ascribes human rights obligations not only to states but also to non-state actors such as global governance institutions. After briefly analyzing some of the proposals currently under discussion about how to legally entrench the obligation to respect human rights in those institutions, I will defend the feasibility of those proposals against the objection that their implementation is incompatible with the current state-system and thus it would require the creation of a world state. (shrink)

Is democracy a human right? There is a growing consensus within international legal and political practice that the answer is “Yes.” However, some philosophers doubt that we should see democracy as a human right. In this paper I respond to the most systematic challenge presented so far, which was recently offered by Joshua Cohen. His challenge is directed to the view that democracy is a human right, not to the view that democracy is part of what justice demands. It is (...) instructive because it forces us to consider important questions about the nature and justification of human rights, including the putative human right to democracy. There is a tendency to see every claim of justice as a human right, and Cohen presses us to face the risk that this slip may occur in the case of democracy. Thus my aim is not simply to refute Cohen’s arguments but to engage the questions he forcefully and helpfully puts on the table. I start in section 2 by analyzing Cohen’s account of human rights. In section 3 I defend the human right to democracy against his challenge. I conclude in section 4 by articulating some reasons for the claim that democracy is a human right that mobilize and elaborate on some of Cohen’s own key premises. (shrink)

En este trabajo me propongo analizar algunos de los argumentos de John Rawls en contra de un principio de diferencia internacional, tal como fueron presentados en Un derecho de gentes. Sostengo que estos argumentos son inconsistentes con el principio de diferencia doméstico. Si los aceptamos, entonces tendremos que afrontar el dilema de o bien tener que aceptar dicho principio distributivo en ambos ámbitos (el doméstico y el internacional) o bien tener que rechazarlo por completo. También sostengo que las posibles objeciones (...) de Rawls a esta crítica se basan en la dudosa premisa empírica de que los países son exclusivamente responsables de su propio fracaso. In this paper I will analyze John Rawls's claims against an international difference principle as presented in The Law of Peoples. I argue that these claims are inconsistent with the difference principle itself. If we accept them, then we will face the dilemma of either having to endorse this principle both in the domestic and the international domains or having to reject it completely. I also defend the view that Rawls's possible reply to this objection relies on the dubious empirical premise that countries are blameworthy for their own failure. (shrink)

Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship and Global Inequality, Cambridge, (...) Mass.: Harvard University Press, pp.1-18. © 2009 by the President and Fellows of Harvard College. Translation by Martin Provencher. (shrink)

Issues relating to diversity and pluralism continue to permeate both social and political discourse. Of particular contemporary importance and relevance are those issues raised when the demands associated with forms of pluralism clash with those of the liberal state. These forms of pluralism can be divided into two subcategories: thin and thick pluralism. Thin pluralism refers to forms of pluralism that can be accommodated by the existing liberal framework, whereas thick pluralism challenges this liberal framework. -/- This thesis is an (...) examination of four forms of political association that may be able to accommodate and support the demands of pluralism. These four models are Rawls’ political liberalism, Crowder’s value pluralism, Rorty’s post-foundational liberalism, and Mouffe’s radical democratic project. What unites these four forms of political association is their capacity to avoid the exclusionary effects of a form of liberalism that I, following Gaus, refer to as Enlightenment liberalism. As the name suggests, this conception of liberalism is anchored in the Enlightenment, and in particular with what may be considered as the Enlightenment view of reason. As such, therefore, Enlightenment liberalism is both universal and perfectionist. In this context, I argue that Enlightenment liberalism is a species of what Berlin refers to as ‘moral monism’. -/- These four forms of political association are ordered in such a way as to chart an intellectual trajectory. Rawls and Crowder are both situated firmly within the liberal tradition, whereas Rorty and Mouffe move beyond this, and embrace a form of post-foundational politics. It is in this trajectory that the second theme of this thesis emerges. This is centred on a paradox: in order to avoid the exclusionary effect of Enlightenment liberalism and embrace a form of political association that meets the demands of pluralism and diversity, the models examined still promote autonomy as the dominant virtue. (shrink)

The Indiana Religious Freedom Restoration Act and its subsequent backlash serve as a case-study to raise ethical concerns both about the characterization of contemporary western liberal democracy as a political theory and a prevailing religious extremism acting as a legislative power within governments; Developing and reflecting on these issues this study will attempt to show a need to evaluate the moral principles attributed to modern political systems and the governmental delineation of power over individuals within a society. Applying Rawlsian concepts, (...) this study will show that laws such as the RFRA are representative of weak and superficial democracies that in most cases are actually centres of power, funded by corporations and organisations in direct conflict with liberal principles. (shrink)

Recent decades have seen sustained theoretical interest in how a cosmopolitan legal order could be created in a manner consistent with the liberal human rights ideals and democratic principles it is supposed to realize. I argue that this “democratic cosmopolitan” account of the genesis of cosmopolitan law faces at least two dilemmas. Both concern the role that “learning processes” play in its explanation of how a genuine cosmopolitan legal order can emerge from a global transformation in the meaning of sovereignty (...) and citizenship. The first dilemma is the theory’s reliance on underdeveloped sociological claims about the nature of democratic political processes, while the second concerns its one-sided analysis of how global trade and interdependence might produce a kind of “cosmopolitan learning.” In light of these issues, I propose that cosmopolitan theorists think beyond democracy as an ideal that should strictly guide the creation of a cosmopolitan legal order. (shrink)

A teoria da Justiça Social sofreu uma revolução ao longo dos três últimos decénios do século xx: discussões intensas levaram à formação de um rico conjunto de concepções acerca das exigências de Justiça ao nível da Nação. O presente artigo, porém, interroga-se sobretudo sobre a questão de saber até que ponto a resposta correcta, ou, pelo menos, a mais plausível, à questão acerca do que seja uma Nação Justa pode ser directamente transposta para o nível de uma organização, prìvada ou (...) pública, de modo a igualmente se poder responder à pergunta sobre o que seja uma Empresa Justa. Mais ainda, o autor procura também saber até que ponto aquilo que se defina ser uma Empresa Justa pode ser extrapolado à escala planetária de modo a se dar igualmente resposta à pergunta sobre o que seja um Mundo Justo. The theory of Social Justice has undergone a revolution during the last three decades of the 20 th century: intense discussions led to the creation of a rich set of concepts about the requirements of Justice at the level of Nation. This paper, however, raises questions mainly about the topic of getting to know to what extent the correct answer - or at least the more plausible one - to the question about what a Just Nation is, can be directly transposed to the organizational level, be it private or public, so that one can equally answer the question about what a Just Enterprise is. Moreover, the author also seeks to know to what extent that which may be defined as a Just Enterprise can be extrapolated to a planetary scale, in order to give an answer to the question about what a Just World is. (shrink)

Hobbes, Locke, Rousseau, Kant, and Rawls set out different versions of the social contract theory. In this dissertation, these different versions are treated as iterative accounts within an on-going meta-conversation. To facilitate this conversation, a generic social contract is developed that sets out a uniform way to look at the different versions of the social contract. The generic social contract highlights specific features of the contract process for comparison by creating a set of questions that are posed to each theorist. (...) This conversation reveals a series of progressive choices regarding the values and standards incorporated into the moral and political institutions designed to bring about social order. Taken as a whole, the different versions are subsumed under a social contract paradigm that reinterprets the social contract as a diagnostic tool that goes back and forth between assessing problematic moral and political situations and the societal institutions that manage them. The social contract paradigm offers a technique of continuous inquiry that permits renegotiation of the social contract in light of progressive refinement of the demands placed upon moral and political institutions. (shrink)

This case study analyzes the Fair Trade coffee label "Café Feminino" (as well as Fair Trade more generally) from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.

Dada la polaridad entre las teorías "legitimistas" (Weber) e "ilegitimistas" (Arendt) respecto de la violencia en la arena política, en este artículo se explora el aporte de Paul Ricoeur en torno al tema. Puesto que para este autor lo político es la realización de la intención ética, primero se abordará la dimensión ética y moral de la violencia. Después se ingresará en el dominio propiamente político donde Ricoeur defiende una dialéctica "asimétrica" entre los argumentos "ilegitimistas" y "legitimistas" en la cual (...) los primeros adquieren razonabilidad dentro de un concepto "amplio" de violencia próximo al de Arendt. Por último, se abordará la dimensión temporal de la violencia presente en la memoria colectiva y en la historia. Se concluirá con un balance de los méritos y de las cuestiones parcialmente irresueltas en la obra de Ricoeur. Given the polarity between the "legitimist" (Weber) and the "illegitimist" (Arendt) theories of violence in the political field, I will explore the philosophical contributions of Paul Ricoeur to this issue. Since the political field is for the author the accomplishment of the ethical intention, I will first explore the ethical and moral dimension of violence. Secondly, I will enter in the proper political field where we will see Ricoeur defends an "asymmetrical" dialectic between the "legitimist" and "illegitimist" arguments in which the former acquire reasonability within a "broad" concept of violence akin to Arendt's. Thirdly, I will approach the temporal dimension of violence as it appears in collective memory and in history. I will conclude with an account of the merits and partially unresolved questions within Ricoeur's work. (shrink)