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The Law of Peoples

Critical Inquiry 20 (1):36-68 (1993)

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  1. A sufficiently political orthodox conception of human rights.Violetta Igneski - 2014 - Journal of Global Ethics 10 (2):167-182.
    The traditional conception of human rights, or the orthodox conception (OC), has, over the last few years, been vigorously challenged by the political conception (PC) of human rights. I have two main aims in this paper: the first is to articulate and evaluate the main points of disagreement between the OC and the PC in order to provide a clearer picture of what is at stake in the debate. The second is to argue that the OC has the resources to (...)
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  • Disability as a test of justice in a globalising world.Matti Häyry & Simo Vehmas - 2015 - Journal of Global Ethics 11 (1):90-98.
    This paper shows how most modern theories of justice could require or at least condone international aid aimed at alleviating the ill effects of disability. Seen from the general viewpoint of liberal egalitarianism, this is moderately encouraging, since according to the creed people in bad positions should be aided, and disability tends to put people in such positions. The actual responses of many theories, including John Rawls's famous view of justice, remain, however, unclear. Communitarian, liberal egalitarian, and luck egalitarian thinkers (...)
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  • How should citizens’ collective liability for state action be grounded?Robert Huseby - 2017 - Journal of Global Ethics 13 (3):366-379.
    ABSTRACTThis paper assesses one type of justification for collective liability – the democratic authorization account – according to which citizens can be held liable for what their state does, because they collectively authorize the state’s actions. I argue that the democratic authorization view, properly understood, has an implausibly narrow scope, which risks leaving many victims of injustice without compensation. Hence, I propose a subsidiary account that is wider in scope, and which applies to most cases of state-inflicted harm. This view (...)
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  • Duties and responsibilities towards the poor.Robert Huseby - 2008 - Res Publica 14 (1):1-18.
    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 (...)
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  • The Limits of Reallocative and Algorithmic Policing.Luke William Hunt - 2022 - Criminal Justice Ethics 41 (1):1-24.
    Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...)
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  • Policing, Brutality, and the Demands of Justice.Luke William Hunt - 2021 - Criminal Justice Ethics 40 (1):40-55.
    Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...)
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  • Legal Speech and Implicit Content in the Law.Luke William Hunt - 2016 - Ratio Juris 29 (1):3-22.
    Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...)
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  • Looking back, looking forward: Progress, hope, and history.Jakob Huber - 2021 - Constellations 28 (1):126-139.
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  • Philosophers, Activists, and Radicals: A Story of Human Rights and Other Scandals. [REVIEW]Joseph Hoover & Marta Iñiguez De Heredia - 2011 - Human Rights Review 12 (2):191-220.
    Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is an attempt to understand and theorize human (...)
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  • Luck Egalitarianism and the Rights of Immigrants.Nils Holtug - 2017 - Ratio Juris 30 (2):127-143.
    This article considers the implications of luck egalitarianism for a range of issues relating to international, South-North migration. More specifically, the implications of luck egalitarianism for the question of whether receiving societies are justified in extending to immigrants a less comprehensive set of rights than that enjoyed by other members of society are considered. First, are voluntary migrants responsible for their migration in such a way that receiving societies are justified in extending to them a less comprehensive set of rights (...)
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  • Equality, priority and global justice.Nils Holtug - 2009 - Journal of Global Ethics 5 (3):173 – 179.
    Derek Parfit has argued that prioritarianism “naturally” has global scope, i.e. naturally applies to everyone, irrespective of his or her particular national, state or other communal affiliation. In that respect, it differs from e.g. egalitarianism. In this article, I critically assess Parfit's argument. In particular, I argue that it is difficult to draw conclusions about the scope of prioritarianism simply from an inspection of its structure. I also make some suggestions as to what it would take to argue that prioritarianism (...)
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  • Climate Refugees, Demandingness and Kagan’s Conditional.Nils Holtug - 2021 - Res Publica 28 (1):33-47.
    In the years to come, a great number of people are going to be displaced due to climate change. Climate refugees are going to migrate to find somewhere more hospitable to live. In light of this, many countries are likely to try to prevent the influx of climate refugees, and more specifically argue that they cannot reasonably be required to take in large numbers of refugees as this is simply too demanding. This objection—the demandingness objection to taking in climate refugees—is (...)
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  • Cohen’s community: Beyond the liberal state?Louis-Philippe Hodgson - 2018 - Politics, Philosophy and Economics 17 (1):23-50.
    Does the kind of socialist ideal articulated by G. A. Cohen in Why Not Socialism? add anything substantial to the Rawlsian conception of justice? Is it an ideal that Rawlsians should want to take on board, or is it ultimately foreign to their outlook? I defend a mixed answer to these questions. On the one hand, we shouldn’t underestimate the extent to which Rawls's theory already addresses the concerns that motivate Cohen’s appeal to the socialist ideal. Within the bounds of (...)
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  • Civil association across borders: Law, morality and responsibility in the post-Brexit Era.Ronnie Hjorth - 2018 - Journal of International Political Theory 14 (3):299-313.
    Michael Oakeshott’s distinction between ‘civil association’ and ‘enterprise association’ has inspired international society theorists to conceive of international society as not just a ‘purposive association’ constructed by states to satisfy their interests but also as a ‘practical association’ providing formal and pragmatic rules that are not instrumental to particular goals of state policy. While this article is supportive of the Oakeshottian turn in international society theory, it suggests that somewhat different conclusions can be drawn from it. The article sketches out (...)
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  • Capability and Deliberation.Geoffrey Hinchliffe - 2009 - Studies in Philosophy and Education 28 (5):403-413.
    This paper explores the role of deliberation in the context of the capability approach to human well-being from the standpoint of the individual doing the reflecting. The concept of a ‘strong evaluator’ is used develop a concept of the agent of capability. The role of values is discussed in the process of deliberating, particularly the nature of and difference between prudential values and intrinsic values. Some consideration is given to the limits and constraints on deliberation and finally a brief example (...)
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  • Cultural Politics, Political Innovation, and the Work of Human Rights.David R. Hiley - 2011 - Contemporary Pragmatism 8 (1):47-60.
    In his final collection of philosophical papers, Richard Rorty continued his attack on the traditional conception of philosophy by arguing that many of our debates should be thought of as matters of cultural politics rather than about ontology or truth. Consistent with that view, Rorty had argued that we come to see debates about human rights not as an attempt to ground rights in human nature but rather as attempts to expand our moral imagination. I extend this claim to an (...)
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  • The agents of justice.Colin Hickey, Tim Meijers, Ingrid Robeyns & Dick Timmer - 2021 - Philosophy Compass 16.
    The complexities of how justice comes to be realized, and by which agents, is a relatively neglected element in contemporary theories of justice. This has left several crucial questions about agency and justice undertheorized, such as why some particular agents are responsible for realizing justice, how their contribution towards realizing justice should be understood, and what role agents such as activists and community leaders play in realizing justice. We aim to contribute towards a better understanding of the landscape of these (...)
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  • Inequality, Justice, and the Myth of Unsituated Market Exchange.Douglas A. Hicks - 2019 - Journal of Religious Ethics 47 (2):337-354.
    This article examines inequality from a framework of justice that attends to the socially situated nature of market activity, including exchange. I argue that accounts of unsituated exchange—accounts of market exchange that abstract from social situations, such as philosopher Robert Nozick’s influential libertarian account of justice—overlook various factors that contribute to growing economic inequality in contemporary society. Analyses of market exchange must incorporate the role of “third parties” who play a role in shaping and/or who are affected by economic transactions. (...)
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  • 12 Ausblick: Die Vereinten Nationen im Lichte Kants.Otfried Höffe - 2023 - In Immanuel Kant: Zum ewigen Frieden. De Gruyter. pp. 179-198.
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  • Too liberal for global governance? International legal human rights system and indigenous peoples’ right to self-determination.Ranjoo Seodu Herr - 2017 - Journal of International Political Theory 13 (2):196-214.
    This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...)
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  • Global reserve currencies from the perspective of structural global justice: distribution and domination.Lisa Herzog - 2021 - Critical Review of International Social and Political Philosophy 24 (7):931-953.
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  • Global reserve currencies from the perspective of structural global justice: distribution and domination.Lisa Herzog - 2021 - Critical Review of International Social and Political Philosophy 24 (7):931-953.
    This paper discusses global reserve currencies from the perspective of structural global justice. Drawing on notions of structural justice and background justice, it suggests that the structures of global finance, by creating positions of privilege and disadvantage, can lead to injustices both with regard to distributive outcomes and with regard to domination. While the role of the dollar and Euro as global reserve currencies are not the only factors that contribute to these structural injustices, they need to be taken into (...)
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  • Confucian Democracy and Equality.Ranjoo Seodu Herr - 2010 - Asian Philosophy 20 (3):261-282.
    “Confucian democracy” is considered oxymoronic because Confucianism is viewed as lacking an idea of equality among persons necessary for democracy. Against this widespread opinion, this article argues that Confucianism presupposes a uniquely Confucian idea of equality and that therefore a Confucian conception of democracy distinct from liberal democracy is not only conceptually possible but also morally justifiable. This article engages philosophical traditions of East and West by, first, reconstructing the prevailing position based on Joshua Cohen’s political liberalism; second, articulating a (...)
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  • Confucian democracy as popular sovereignty.Ranjoo Seodu Herr - 2019 - Asian Philosophy 29 (3):201-220.
    ABSTRACTIs Confucian democracy philosophically justifiable? In recent decades, prominent Confucian theorists have answered this question in the negative, arguing that the political system that is c...
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  • Rawlsian and Deleuzian Versions of the Imaginary Domain: A Comparison.Laura Hengehold - 2013 - Journal of Speculative Philosophy 27 (3):308-321.
    In The Imaginary Domain, Drucilla Cornell argues that law would best help women by guaranteeing "minimum conditions for individuation" for all citizens (1995, 4). Cornell believes that, as a guiding idea for law and economic institutions, the liberal social contract has not so much denied women equal protection as a group as it has arbitrarily given a negative meaning to sexual difference—including but not limited to female embodiment. In Deleuzian terms, this contract is a generative Idea encoding a discourse in (...)
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  • Transitional justice as a philosophical and practical challenge: critical notes on Colleen Murphy’s new theory of the ‘conceptual foundations of transitional justice’.Sirkku K. Hellsten - 2018 - Journal of Global Ethics 14 (2):169-180.
    I examine some of the main philosophical, conceptual and normative issues in Colleen Murphy’s recent book The Conceptual Foundations of Transitional Justice (2017). I am sceptical whether we need yet another theory of justice to fit particular ‘transitional circumstances’, as Murphy argues. Instead, before presenting an alternative normative, ‘moral’ theory, we need to re-examine the very concept of transitional justice. I examine particularly the following. Firstly, what we really mean by ‘transitional justice’ in various contexts; and I argue that transitional (...)
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  • Prolegomena to a critical theory of the global order.David Held & Pietro Maffettone - 2019 - Ethics and Global Politics 12 (3):1668198.
    We start from, and expand on, a basic insight in negative dialectic, namely, that our main concern should be with the absolute worst in political life. We then consider how this might have an impact on the way we understand the role and grounds of moral equality. Subsequently, we move on to explain the importance of decency in political morality. Finally, we take a closer look to basic data about global poverty and inequality and what these might tell us in (...)
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  • Realizing Honneth: Redistribution, recognition, and global justice.Volker Heins - 2008 - Journal of Global Ethics 4 (2):141 – 153.
    The purpose of this article is to explore the potential contribution of Axel Honneth's critical theory of recognition to empirical and normative debates on global justice. I first present, very briefly, an overview of recent theories of global distributive justice. I argue that theorists of distributive justice do not pay enough attention to sources of self-respect and conditions for identity formation, and that they are blind toward the danger of harming people's sense of self even by well-intentioned redistributive policies. Honneth's (...)
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  • Of persons and peoples: Internationalizing the critical theory of recognition.Volker Heins - 2010 - Contemporary Political Theory 9 (2):149-170.
    Although Axel Honneth's critical theory of recognition continues to resonate among political theorists, its relationship to the debate on political and moral cosmopolitanism remains unclear. The paper aims to fill this gap by defining a few guideposts to a ‘recognition-theoretical’ conception of the international. My argument is that Honneth's theory oscillates between a liberal-cosmopolitan model of the global spread of human rights and an alternative model that is closer to the anti-cosmopolitanism of the late Rawls. Both models reflect certain assumptions (...)
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  • The Human Right to Health: A Defense.Nicole Hassoun - 2019 - Journal of Social Philosophy 51 (2):158-179.
    Journal of Social Philosophy, EarlyView.
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  • Implementing climate equity: The case of europe.Paul G. Harris - 2008 - Journal of Global Ethics 4 (2):121 – 140.
    For over two decades, international environmental equity - the fair and just sharing of the burdens associated with environmental changes - has been the subject of much debate by philosophers, activists and diplomats concerned about climate change. It has been manifested in many international environmental agreements, notably the Framework Convention on Climate Change and the Kyoto Protocol. The question arises as to whether it is being put into practice in this context. Are the requirements of international environmental equity merely words (...)
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  • Imagining ethical globalization: The contributions of a care ethic.Professor Olena Hankivsky - 2006 - Journal of Global Ethics 2 (1):91-110.
    Approaches to global ethics have drawn on a number of diverse theoretical traditions, such as Kantianism and utilitarianism. While emerging frameworks contribute to a growing awareness of and interest in ethics within a global society, the values that they prioritize are not adequate for realizing a just, equitable and fair system of global governance. This article considers the possibilities of an alternative ethic—a feminist ethic of care—and explores how it can bear on present circumstances, including global inequity and injustice. This (...)
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  • The Imperial Paradox in Liberal International Theory.Ian Hall - 2008 - Journal of International Political Theory 4 (1):146-156.
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  • Human Rights, Legitimacy, Political Judgement.Edward Hall & Dimitrios Tsarapatsanis - 2020 - Res Publica 27 (2):171-185.
    This paper grapples with Bernard Williams’s prima vista enigmatic assertion that ‘[w]hether it is a matter of good philosophical sense to treat a practice as a violation of human rights, and whether it is politically good sense, cannot ultimately constitute two separate questions’. Though Williams’s approach to thinking about human rights has a number of affinities with other ‘political’ and ‘minimalist’ understandings, we highlight its distinctive features and argue that it has significant implications for our understanding of human rights along (...)
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  • Rawls and Religion: Between the Decency and Justice of Reasonable Religious Regimes.Hamid Hadji Haidar - 2006 - Politics and Ethics Review 2 (1):62-78.
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  • Political reconciliation at the level of global governance.Henning Hahn - 2017 - Journal of Global Ethics 13 (3):298-311.
    ABSTRACTThis article applies the idea of political reconciliation to current debates on the role and legitimacy of global governance. My underlying thesis is that the idea of reconciliation fits better with the non-ideal circumstances of global injustice. To this end, I will first of all develop a three-tiered model of political reconciliation and introduce the related concept of restorative justice. I will then look at some of the most obvious forms of international and global injustice – historical injustice, economic exploitation, (...)
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  • Justifying Feasibility Constraints on Human Rights.Henning Hahn - 2012 - Ethical Theory and Moral Practice 15 (2):143-157.
    It is a crucial question whether practicalities should have an impact in developing an applicable theory of human rights—and if, how (far) such constraints can be justified. In the course of the non-ideal turn of today’s political philosophy, any entitlements (and social entitlements in particular) stand under the proviso of practical feasibility. It would, after all, be unreasonable to demand something which is, under the given political and economic circumstances, unachievable. Thus, many theorist—particularly those belonging to the liberal camp—begin to (...)
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  • Reasonable bounds on rationality.Igor Grossmann & Richard P. Eibach - 2020 - Mind and Society 20 (1):59-67.
    Previous theory and research on bounded rationality has emphasized how limited cognitive resources constrain people from making utility maximizing choices. This paper expands the concept of bounded rationality to consider how people’s rationality may be constrained by their internalization of a qualitatively distinct standard for sound judgment, which is commonly labeled reasonableness. In contrast to rationality, the standard of reasonableness provides guidance for making choices in situations that involve balancing incommensurable values and interests or reconciling conflicting points-of-view. We review recent (...)
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  • Stability and the sense of justice.Colin Grey - 2018 - Philosophy and Social Criticism 44 (9):927-949.
    In A Theory of Justice, John Rawls’s first argument for the inherent stability of a well-ordered society seeks to establish that citizens of such a society would come to share the same or similar senses of justice. In his late work, Rawls significantly revised his second argument for stability, but he repeatedly pronounced himself satisfied with the first. However, the pluralism that so drastically reoriented Rawls’s mature theory also creates destabilizing forces absent in Theory. These destabilizing forces suggest that a (...)
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  • Individuals as authors of human rights: not only addressees.Benjamin Gregg - 2010 - Theory and Society 39 (6):631-650.
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  • Against the anticosmopolitan basic structure argument: the systemic concept of distributive justice and economic divisions of labor.Edward Andrew Greetis - 2022 - Critical Review of International Social and Political Philosophy 25 (4):551-571.
    I examine the main anticosmopolitan Rawslian argument, the ‘basic structure argument.’ It holds that distributive justice only applies to existing basic structures, there are only state basic structures, so distributive justice only applies among compatriots. Proponents of the argument face three challenges: 1) they must explain what type of basic structure relation makes distributive justice relevant only among compatriots, 2) they must explain why distributive justice (as opposed to allocative or retributive) is the relevant regulative concept for basic structures, and (...)
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  • Anti-Imperialism: Generating Universal Human Rights out of Local Norms.Benjamin Gregg - 2010 - Ratio Juris 23 (3):289-310.
    To counter possibilities for human rights as cultural imperialism, (1) I develop a notion of human rights as culturally particular and valid only locally. But they are an increasingly generalizable particularism. (2) Because the incommensurability of different cultures does not entail an uncritical tolerance of just about anything, but rather allows for an objectivating stance toward other communities or cultures, locally valid human rights have a critical capacity. (3) Locally valid human rights promote a community's self-representation and thus allow for (...)
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  • Meysam Badamchi, Post-Islamist Political Theory: Iranian Intellectuals and Political Liberalism in Dialogue. [REVIEW]Kevin W. Gray - 2020 - Critical Research on Religion 8 (3):327-331.
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  • Is the debate on ‘global justice’ a global one? Some considerations in view of modern philosophy in Africa.Anke Graness - 2015 - Journal of Global Ethics 11 (1):126-140.
    At present, the debate on global justice, a debate which is at the core of global ethics, is largely being conducted by European and American scholars from different disciplines without taking into account views and concepts from other regions of the world, particularly, from the Global South. The lack of a truly intercultural, interreligious, and international exchange of ideas provokes doubts whether the concepts of global justice introduced so far are able to transcend regional and cultural horizons. The article introduces (...)
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  • Human Rights in Bioethics–Theoretical and Applied.John-Stewart Gordon - 2012 - Ethical Theory and Moral Practice 15 (3):283 - 294.
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  • Democracy in Political Corporate Social Responsibility: A Dynamic, Multilevel Account.Jennifer Goodman & Jukka Mäkinen - 2023 - Business and Society 62 (2):250-284.
    Political corporate social responsibility (PCSR) calls for firms to implement and engage in deliberative democracy processes and structures, addressing governance gaps where governments are unwilling or unable to do so. However, an underlying assumption that the implementation of PCSR will enrich democratic processes in society has been exposed and challenged. In this conceptual article, we explore this challenge by developing a framework to reveal the dynamics of firms’ deliberative democratic processes and structures (meso level), and those at nation state (macro (...)
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  • Fair trade: global problems and individual responsibilities.Sarah C. Goff - 2018 - Critical Review of International Social and Political Philosophy 21 (4):521-543.
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  • Freedom and Justice in Trade Governance.Sarah C. Goff - 2020 - Ethics and International Affairs 34 (3):401-412.
    Two recent books consider the future of trade governance.Consent and Tradeproposes reforms to trade agreements so that states can consent more freely to their terms.On Trade Justicedefends reforms to the World Trade Organization, arguing that multilateralism is the foundation for a “new global deal” on trade. Each book describes trade's distinctive features and proposes a principle to regulate both trade and trade governance.Consent and Tradedefends a principle of respect for state consent in trade agreements.On Trade Justiceoffers a theory of trade (...)
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  • World Governance.Jovan Babić (ed.) - 2013, Paperback - Newcastle upon Tyne: Cambridge Scholars Press.
    In the age of globalization, and increased interdependence in the world that we face today, there is a question we may have to raise: Do we need and could we attain a world government, capable of insuring the peace and facilitating worldwide well-being in a just and efficient manner? In the twenty chapters of this book, some of the most prominent living philosophers give their consideration to this question in a provocative and engaging way. Their essays are not only of (...)
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  • On the ambivalent politics of human rights.Ayten Gündoğdu - 2018 - Journal of International Political Theory 14 (3):367-380.
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