This paper discusses the role of religious speech in the public square and the common school. It argues for more openness to political theology than many liberals are willing to grant and for an educational strategy of engagement over one of avoidance. The paper argues that the exclusion of religious debate from the public square has dysfunctional consequences. It discusses Rawls’s more recent views on public reason and claims that, while they are not altogether adequate, they are consistent with engagement. (...) The outcome of these arguments is applied to three ‘hot button’ issues in US education: creationism, an issue of gay rights, and teaching the Bible in schools. (shrink)

Two recent collections of papers—Social Equality: On What It Means to Be Equals, edited by Carina Fourie, Fabian Schuppert, and Ivo Wallimann-Helmer and The Equal Society: Essays on Equality in Theory and Practice, edited by George Hull —demonstrate well the wide diversity of perspectives on egalitarianism within political theory today. But there are unifying themes amidst all this diversity. In particular, these collections make plain the extent to which contemporary egalitarianism in all forms is indebted to Rawls. This debt is (...) reflected, for example, in the luck egalitarianism/social egalitarian debate which plays a central role in both books. It is also reflected in the concern so many contemporary egalitarians have for respect and its social basis. But while egalitarianism today owes much to Rawls, this does not mean that Rawls has nothing left to contribute to the conversation. This essay will argue that a return to Rawls can help contemporary egalitarians avoid taking their debates in certain unproductive directions. (shrink)

This article defends an account of collective hope that arises through solidarity in the pursuit of justice. I begin by reviewing recent literature on the nature of hope. I then explore the relationship between hope and solidarity to demonstrate the ways in which solidarity can give rise to hope. I suggest that the hope born of solidarity is collective when it is shared by at least some others, when it is caused or strengthened by activity in a collective action setting, (...) and when the reciprocal hopeful expressions of individual group members result in an emotional atmosphere of hope that extends across the group. In the context of social movements, collective hope emerges alongside the collective intentions and actions of the solidarity group; namely, in the pursuit of a form of social justice that inspires the movement. I then suggest that the object of collective hope born of solidarity is the guiding ideal of justice and reflect on what it might mean to hope well for justice. (shrink)

In recent years, insurance companies have begun tracking their customers’ behaviors and price premiums accordingly. Based on the Market-Failures Approach as well as the Justice-Failures Approach, I provide an ethical analysis of the use of tracking technologies in the insurance industry. I focus on the use of telematics in car insurance and on the use of fitness tracking in life insurance. The use of tracking has some important benefits to policyholders and insurers alike: it reduces moral hazard and fraud, increases (...) actuarial fairness, and incentivizes safe behavior. These benefits, however, are outweighed by significant moral objections. First, the use of tracking technologies significantly undermines the fairness of the interaction between insurance companies and policyholders. Specifically, the use of tracking eliminates information asymmetries, but in such a way that favors insurers exclusively. Furthermore, tracked behaviors and the ability to choose to behave safely are highly correlated with other variables such as income. Therefore, tracking-based insurance relies on and exacerbates existing inequalities and injustices, which undermines the benefits that tracking is supposed to introduce. (shrink)

This paper discusses obligations of international distributive justice-specifically, obligations rich countries have to transfer resources to poor countries. It argues that the major seven OECD countries each have an obligation to transfer at least one percent of their GDP to developing countries. -/- The strategy of the paper is to defend this position without having to resolve the many debates that attend questions of international distributive justice. In this respect, it belongs to the neglected category of nonideal theory. The key (...) to the strategy is to show that a significant amount of good would be accomplished by a one percent transfer, despite the fact that one percent is quite a small amount. -/- To make this showing, the paper takes health as a fundamental measure of individual well-being and examines the improvement in life expectancy that would likely result from devoting the one percent transfer to the major determinants of health. It adduces data indicating that substantial progress towards raising life expectancy in developing countries to the global average of 64.5 years can be expected from expenditures of $125 per capita, divided between health care, education, and basic nutrition and income support. A one percent transfer from the major seven is enough to cover expenditures on that scale for the poorest fifth of the world's population. (shrink)

To date, climate justice has been modeled on global justice, giving rise to such notions as ecological space, ecological debt and carbon debt. I worry that global justice fails to compel compliance and ignores hydrological systems’ role in cooling atmospheric temperatures. I thus opt to tie climate justice to hydrological justice, a form of global environmental justice that requires transparency and kinship, and proves more coercive since both burdens and targets are local. To demonstrate this view, I first distinguish global (...) justice from global environmental justice. I next show the limits of Simon Caney’s forward-looking approach to global justice, which commits diverse parties to just burdens to reach just targets in order to facilitate climate justice. I conclude by noting that modeling climate justice on hydrological justice proves compatible with the goals of the Katowice Climate Package, passed in 2018. (shrink)

Nicole Hassoun has recently defended the view that the relatively affluent members of the world’s population are, prima facie, obligated to ensure that the global institutional system enables all people to meet their basic needs. This paper is a critical discussion of Hassoun’s argument in favor of this view. Hassoun’s argument is first presented. In sections three and four, I try to bring out a number of formal and informal problems with the argument. Section five discusses a number of possible (...) replies to the worries raised in section four. The conclusion of the paper is that Hassoun’s argument should be rejected. There are two independent and individually sufficient reasons for this conclusion: the argument is invalid and contains at least one false premise. (shrink)

Much of the debate over the justice of immigration restrictions focuses on their impact on would-be migrants. Restrictionists often focus on potentially harmful effects of immigration on residents of receiving countries. This article cuts across this long-standing debate by outlining ways in which immigration restrictions inflict harm on natives, specifically by undermining their economic liberty. It covers both the libertarian “negative” view of economic freedom and the “positive” version advanced by left-liberals. Section 1 focuses on “negative” economic freedom. It shows (...) that migration restrictions massively restrict the negative economic liberty of natives. Section 2 takes up “positive” theories of economic freedom; here, too, there are massive effects. Finally, section 3 describes how to address potentially harmful side effects of migration that might undermine economic liberty. (shrink)

In this paper, I try to pin down the essence of conservative political theory. I then show that no-one really believes this theory, because all of us embrace progressive values and principles under the right circumstances. This doesn't mean that there aren't such things as conservative political reasons, and I offer an account of such reasons here. But in my view no-one really thinks that such reasons are the sole or even the primary political reasons.

This paper discusses the establishment of a governance framework to secure the development and deployment of “good AI”, and describes the quest for a morally objective compass to steer it. Asserting that human rights can provide such compass, this paper first examines what a human rights-based approach to AI governance entails, and sets out the promise it propagates. Subsequently, it examines the pitfalls associated with human rights, particularly focusing on the criticism that these rights may be too Western, too individualistic, (...) too narrow in scope and too abstract to form the basis of sound AI governance. After rebutting these reproaches, a plea is made to move beyond the calls for a human rights-based approach, and start taking the necessary steps to attain its realisation. It is argued that, without elucidating the applicability and enforceability of human rights in the context of AI; adopting legal rules that concretise those rights where appropriate; enhancing existing enforcement mechanisms and securing an underlying societal infrastructure that enables human rights in the first place, any human rights-based governance framework for AI risks falling short of its purpose. (shrink)

The emerging interdisciplinary body of cosmopolitanism research has established a promising field of theoretical endeavour by bringing into focus questions concerning globalization, nationalism, population movements, cultural values and identity. Yet, despite its potential importance, what characterizes recent cosmopolitanism research is an idealist sentiment that considerably marginalizes the significance of the structures of nation-state and citizenship, while leaving unspecified the empirical sociological dimensions of cosmopolitanism itself. Our critique aims at making cosmopolitanism a more productive analytical tool. We argue for a cosmopolitanism (...) that consists of conceptually and empirically identifiable values and outlooks. While there has been some progress made in this direction in the recent literature on cosmopolitanism, most writing still considers cosmopolitanism as something so delicate that it cannot be measured. Furthermore, in order to appreciate the full currency of the concept, we argue that researchers must not only agree on some common determinants of cosmopolitanism and cosmopolitan dispositions, but also ground their analyses of cosmopolitanism in the context of enduring nation-state structures. (shrink)

The argument from background justice is that conformity to Lockean principles of justice in agreements and transactions does not preclude the development of inequalities that undermine the freedom and fairness of those very transactions, and that, therefore, special principles are needed to regulate society's “basic structure.” Rawls offers this argument as his “first kind of reason” for taking the basic structure to be the primary subject of justice. Here I explore the background justice argument and its implications for questions about (...) the scope of distributive justice. As it turns out, the background justice argument can offer no independent support for conclusions about the scope of distributive justice. For the special principles that it justifies inherit their scope from conclusions that must be established or assumed in advance. These prior conclusions are precisely what is at issue in debates about global justice. (shrink)

ABSTRACT:The major aim of this article is to show that John Rawls’s theory of justice cannot be applied effectively to questions of business ethics and corporate governance. I begin with a reading of Rawls that emphasizes both the critical and pragmatic nature of his theory. In the second section I look more closely at the notion of society’s “basic structure” and its place within Rawls’s theory. In the third section, I argue that “the corporation” cannot be understood as part of (...) this basic structure and is not, therefore, a subject of justice for Rawls or his interpreters. Finally, I show that Rawls’s inability to speak to the corporation is a weakness, regardless of one’s particular view on the corporation. I conclude by considering what Rawls’s theory helps us to understand about the problems involved in integrating corporate governance, business ethics, and political philosophy. (shrink)

This paper offers the concept of “justice failure,” as a counterpart to the familiar idea of market failure, in order to better understand managers’ ethical obligations. This paper takes the “market failures approach” to business ethics as its point of departure. The success of the MFA, I argue, lies in its close proximity with economic theory, particularly in the idea that, within a larger scheme of social cooperation, markets ought to pursue efficiency and leave the pursuit of equality to the (...) welfare state. As a result, the core ethical responsibility of business actors is to avoid profiting off of market failure. After reviewing this approach I challenge its emphasis on efficiency. I argue that just as we note the suboptimal efficiency of actual markets, we should also take seriously the suboptimal equality of actual welfare states. Taking this idea seriously results in a whole other set of ethical responsibilities for businesses to take into account; in addition to market imperfections and regulatory lacunae, managers should also avoid profiting from, and exacerbating, structural inequalities and injustices. I offer an outline of the kinds of injustices and inequalities that would have bearing on business ethics, and the kinds of ethical responsibilities that this approach suggests that business actors should take into account. (shrink)

Theories of political authority divide naturally into those that locate the source of states' authority in the history of states' interactions with their subjects and those that locate it in structural (or functional) features of states (such as the justice of their basic institutions). This paper argues that purely structuralist theories of political authority (such as those defended by Kant, Rawls, and contemporary “democratic Kantians”) must fail because of their inability to solve the boundary problem—namely, the problem of locating the (...) boundaries between different states' domains of authority in the natural or intuitive places. (shrink)

The COVID-19 Vaccines Global Access Facility represents an unprecedented global collaboration facilitating the development and distribution of vaccines for COVID-19. COVAX pools and channels funds from state and non-state actors to promising vaccine candidates, and has started to distribute successful candidates to participating states. The WHO, one of the leaders of COVAX, recognised vaccine doses would initially be scarce, and therefore, prepared a two-staged allocation mechanism they considered fair. In the first stage, vaccine doses are distributed equally among participating countries, (...) while in the second stage vaccine doses will be allocated according to a country’s need. Ethicists have questioned whether this is the fairest distribution—they argue a country’s need should be taken into account from the start and correspondingly, have proposed a framework that treats individuals with equal moral concern, aims to minimise harm and gives priority to the worst-off. In this paper, we seek to explore these concerns by comparing COVAX’s allocation mechanism to a targeted allocation based on need. We consider which distribution would more likely maximise well-being and align with principles of equity. We conclude that although in theory, a targeted distribution in proportion to a country’s need would be more morally justifiable, when political realities are taken into account, an equal distribution seems more likely to avert a greater number of deaths and reduce disparities. (shrink)

The publication of the Report of the International Bioethics Committee of Unesco on Social responsibility and health provides an opportunity to reshape the conceptual framework of the right to health care and its practical implications. The traditional distinctions between negative and positive, civil-political and economic-social, legal and moral rights are to be questioned and probably overcome if the goal is to pursue ‘the highest attainable standard of health’ as a fundamental human right, that should as such be guaranteed to every (...) human being. What we are called upon to, is the commitment not to exclude now and forever anyone from having access to the ‘excellence’ of scientific and medical progress. Therefore, the addressees of this ‘responsibility’ cannot be just the governments and the states within the limits of their ‘jurisdiction’. The challenge is to tackle at the same time the social and global determinants of health. (shrink)

Can one give an account of a perfectly just society without invoking principles governing our responses to injustice? My claim is that addressing this question puts us in a position to reveal ambiguities and problems with the way in which Rawls draws the ideal/nonideal theory distinction that have so far gone unnoticed. In the first part of my paper, I demonstrate that Rawls’s original definition of the ideal/nonideal theory distinction is ambiguous as it is composed of two different conceptual distinctions, (...) before clarifying the distinctions involved, paying particular attention to the unfamiliar distinction between primary and secondary principles. I then show that we can best account for what Rawls is actually doing at the level of ideal and nonideal theory by invoking this distinction between primary and secondary principles. This result sets the stage for my argument in the second part. I first explain why Rawls does not have access to an understanding of the strict compliance condition that can account for the irrelevance of secondary principles for a complete account of the principles regulating a perfectly just basic structure. I then point out that there is a tension between what Rawls claims to be doing at the level of ideal theory and what he is actually doing at the level of ideal theory. On this basis, I argue that Rawls’s ideal conceptions of justice are incomplete because they do not encompass secondary principles. The Conclusion unpacks the contributions this article makes to the ideal/nonideal theory debate. (shrink)

This paper explores the usefulness of the 'ethical matrix', proposed by Ben Mepham, as a tool in technology assessment, specifically in food ethics. We consider what the matrix is, how it might be useful as a tool in ethical decision-making, and what drawbacks might be associated with it. We suggest that it is helpful for fact-finding in ethical debates relating to food ethics; but that it is much less helpful in terms of weighing the different ethical problems that it uncovers. (...) Despite this drawback, we maintain that, with some modifications, the ethical matrix can be a useful tool in debates in food ethics. We argue that useful modifications might be to include future generations amongst the stakeholders in the matrix, and to substitute the principle of solidarity for the principle of justice. (shrink)

In a number of recent and forthcoming articles and papers, I have argued that while utopia can be dangerous, utopian visions are absolutely essential, that we must choose utopia. Today, I want to try to give you the essence of that argument while also relating it to some new issues. Let me summarize my argument:1.Hope/desire for a better life in this life is a central aspect of the human experience.2.That hope/desire has often been distorted by ideology and religion.3.That hope/desire has (...) often been captured to serve the economic and political ends of the powerful.4.When that hope/desire is distorted or captured, it can become dangerous.5.That danger usually comes about because the hope/desire is warped so that the better life is only for a select few or in-group, thus creating an out-group, an other, who can be neglected, harmed, even killed to achieve the end. Such groups have included members of other religions, indigenous peoples, other ethnic groups, ideologies, and so forth. The boundaries of the other have often been changed to include some formerly in the in-group.6.Even so, that hope/desire for a better life is the only effective means of overcoming such distortion/capture. (shrink)

European Journal of Philosophy, Volume 30, Issue 2, Page 488-502, June 2022.

Interdisciplinary work on the nature of borders and society has enriched and complicated our understanding of democracy, community, distributive justice, and migration. It reveals the cognitive bias of methodological nationalism, which has distorted normative political thought on these topics, uncritically and often unconsciously adapting and reifying state‐centered conceptions of territory, space, and community. Under methodological nationalism, state territories demarcate the boundaries of the political; society is conceived as composed of immobile, culturally homogenous citizens, each belonging to one and only one (...) state; and the distribution of goods is analyzed according to a stark opposition between the domestic and the international. This article describes how methodological nationalism has shaped central debates in political philosophy and introduces recent work that helps dispel this bias. (shrink)

What are the respective roles and responsibilities of global, national, and local communities as well as individuals themselves to address health deprivations and avert health threats? This article offers the beginnings of a theory of global health justice, arguing for universal ethical norms (general duty) with shared global and domestic responsibility (specific duties) for health. It offers a global minimalist view I call ‘ provincial globalism ’ as a mean between nationalism and cosmopolitanism, in which a provincial consensus must accompany (...) a global consensus on health morality. This minimalist account asserts global and national duties to promote human flourishing and, more specifically, individuals’ central health capabilities. In this view, justice requires prioritizing responsibilities through shared health governance to reduce shortfall inequalities in central health capabilities — a general duty to reduce premature mortality and escapable morbidity. It examines the difficulties presented by the philosophical principles of connectedness, causality, remediation, partiality, and capacity in the allocation of responsibility for global health. It offers a theory of responsibility allocation based on a functional, health agency centered and homeostatic balanced understanding of the analytical components required to solve global health problems and parcels out roles and responsibilities at the global, national, local, and individual levels accordingly. Allocations of responsibility rest on the effectiveness and special obligations of different actors, respecting self-determination by groups and individuals and seeking voluntary commitments . This view understands that the remedy for global health problems must be sustainable to take nations and the global health community to a new global health equilibrium that remedies current problems and prepares for new health threats to come. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

Must a society aim indefinitely for continued economic growth? Proponents of economic growth advance three central challenges to the idea that a society, having attained high levels of income and wealth, may justly cease to pursue further economic growth: if environmentally sustainable and the gains fairly distributed, first, continued economic growth could make everyone within a society and globally, and especially the worst off, progressively better off; second, the pursuit of economic growth spurs ongoing innovation, which enhances people’s opportunities and (...) protects a society against future risks; and third, continued economic growth fosters attitudes of openness, tolerance, and generosity, which are essential to the functioning of a liberal democratic society. This article grants these challenges’ normative foundations, to show that, even if one accepts their underlying premises as requirements of justice, a society may still justly cease to aim for economic growth, so long as it continues to aim for and realize gains on other dimensions. I argue that, while continued economic growth might instrumentally serve valuable ends, it is not necessary for their realization, as a society can achieve these ends through other means. (shrink)

(2010). International Research and Positive Obligations: Are They “Transaction Specific”? The American Journal of Bioethics: Vol. 10, No. 6, pp. 49-51.

The following paper investigates the possibility of an account of cosmopolitan thought inspired by Hegel's treatment of Kant's ethical theory and his associated social concept of recognition. Cosmopolitanism requires the agent to recognize themself as a global agent participating in a shared community, but conventional political strategies do not possess the resources to satisfy this demand for self-understanding. Such a self-understanding is enabled by the objective freedom of a common shared humanity grounded in rational self-determination. The paper shows that it (...) is possible to extrapolate Hegel's outline of the state in the Philosophy of Right to describe a global community coherent with such a subject. (shrink)

In his multi-faceted attack on Rawls’s account of justice, G.A. Cohen has argued that the notion of basic structure is necessarily insensitive to the importance of informal social norms to social justice. The paper argues that the most plausible account of the basic structure is not blind to informal social norms in any meaningful sense. Whereas informal, non-legally coercive institutions are not part of the basic structure as such, their careful consideration is necessary for the assessment of whether the basic (...) structure itself is indeed just. This claim is based on an account of what it means for normative principle to apply to institutions, which I expound in detail throughout the paper. Principles apply to institutions, I argue, not in that they restrain their conduct, but in that they indicate which social conditions they should bring about. (shrink)

Should the EU be a federal union or an intergovernmental forum? Recently, demoicrats have been arguing that there exists a third alternative. The EU should be conceived as a demoicracy, namely a ‘Union of peoples who govern together, but not as one’. The demoi of Europe recognise that they affect one another’s democratic health, and hence establish a union to guarantee their freedom qua demoi – which most demoicrats cash out as non-domination. This is more than intergovernmentalism, because the demoi (...) govern together on these matters. However, if the union aims at protecting the freedom of the different European demoi, it cannot do so by replacing them with a ‘superdemos’, as federalists want. This paper argues that demoicracy does possess distinctive normative features; it claims, however, that an institutional choice between intergovernmentalism and federalism is necessary. Depending on how we interpret what the non-domination of demoi requires, demoicracy will either ground a specific way of practicing intergovernmentalism or a specific form of federalism. It cannot, however, ground an institutional model which is genuinely alternative to both. (shrink)

Under conditions of high capital mobility, states are pressurised into various forms of tax competition to attract or retain capital and investors. When this occurs, the capacity of domestic institutions autonomously to generate fiscal policies is constrained. What exactly, if anything, is unjust about this phenomenon? This paper argues that tax competition puts particular pressure on internationalists, who must acknowledge that its occurrence makes our obligations of global justice more demanding, and that such obligations require supranational institutions in order to (...) be discharged. However, to the extent that tax competition is unjust from an internationalist point of view, this is due to the specific harm it does to states. Thus, the paper makes three contributions to the literature: it shows that tax competition has an impact on the demandingness of internationalist obligations of justice; discharging such obligations commits internationalists to accept a higher level of supranational institutionalization than is currently acknowledged; yet both the specific content of such obligations, and the kind of supranational regulation that is needed to discharge them, differ from those which cosmopolitans support. In sum, there are some cosmopolitan bullets which internationalists must bite, and others which they should continue to resist. (shrink)

In this article I argue for two closely related conclusions: one concerned more narrowly with the internal consistency of G. A. Cohen's theorizing about justice and the unique rhetoric in which it is couched, the other connected to a more sweeping set of recommendations about how theorizing on justice is most promisingly undertaken. First, drawing on a famous insight of G. E. Moore, I argue that although the purity of Cohenian justice provides Cohen a platform from which to put some (...) extremely challenging criticisms to Rawls and Rawlsian liberals, at the same time it generates a sort of self-referential paradox for many of the theses about the concept of justice to which Cohen himself is committed. I go on to conclude, using Rawls's theory of justice as a model, that it would serve political philosophy well to conceive of justice with less purity than Cohen conceives of it. (shrink)

Can global justice simply be seen as social justice writ large? According to Miller it cannot. Seen from the viewpoint of justice there are fundamental differences between the national and international sphere. Just like Nagel he strongly rejects monism. Yet unlike Nagel, Miller does not confine duties of justice to sovereign states. Different forms of human association require different principles of justice. Strangely enough, however, Miller does not replace Nagel’s dualism with a multi‐level ethical position, but with a split‐level one. (...) In this article we argue that – contrary to Miller’s own claims – his contextualist view of justice contains the necessary tools for accepting the importance of multiple contexts of justice beyond the nation‐state. Even if one is committed to seeing nation‐states as the privileged sites of social justice, there is no reason not to recognize substantial amounts of social justice above the nation‐state level. (shrink)

John Rawls’s case for a duty of assistance is partially premised on the assumption that liberal societies have an interest in assisting burdened societies to become well-ordered: Not only are well-...

In his recent book, National responsibility and global justice, David Miller conceptualizes and justifies a model of national responsibility. His conceptualization proceeds in two steps: he starts by developing two models of collective responsibility, the like?minded group model and the cooperative practice model. He then proceeds to discuss national responsibility, a species of collective responsibility, and argues that nations have features such that the two models of collective responsibility also apply to them. In this article I focus on the question (...) whether Miller?s like?minded group model and the cooperative practice model are plausible and convincing models of collective responsibility. I will argue that the like?minded model does not provide a plausible conceptualization of collective responsibility, while the collective practice model provides a good model for collective responsibility but is not particularly helpful in conceptualizing national responsibility. (shrink)

This article shows that the theory of justice and liberty developed by Axel Honneth in Freedom´s Right, has a wider range and depth than those theories of justice and de­mocracy developed in contemporary liberalism by Rawls and Habermas. Nevertheless, its normative model of recognition has a serious limitation, which consists in circum­scribing the reach of its conception of freedom to the most developed western societies. This limitation affects the proposal in a negative way; it produces an important loss of its (...) critical potential and determines that its normative and reconstructive approach of freedom’s history may be insufficient in front of other critical visions of society. First, the author does a presentation of the tension between the negative and positive dimensions of freedom. Then, he reconstructs the way in which Honneth exposes the historical process of the fight for freedom and thus structures a definition of this fight, which includes three dimensions of freedom: juridical, moral and social. Finally, the author develops some critical considerations dealing with Honneth’s recognition model, as it does not acknowledge other historical experiences of the fight for freedom. (shrink)

John Rawls claims that “benevolent absolutisms” honor human rights without honoring political participation rights. Critics argue that he is mistaken. One objection appeals to the instrumental value of political participation rights. This objection holds that without political participation rights, individuals cannot secure the content of their rights against encroachment. Given this, individuals without political participation rights cannot be said to have rights at all. Here, I evaluate this instrumental objection. I identify three ways of relating political participation rights to human (...) rights and show that one makes sense of Rawls’s claim. I then defend this view from instrumental objections. This has implications beyond the realm of Rawls scholarship. Many societies are not democratic and are not democratizing. We must determine whether any of these societies can secure at least the content of human rights and, if so, what shape their social and political institutions must take to do so. (shrink)

This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this essay suggests, (...) go astray on subtle questions of interpretation: Freeman overemphasizes reciprocity, Pogge miscasts Rawls as a consequentialist, and Audard exaggerates the Kantian aspect of Rawls’s core, continuing commitment to “doctrinal autonomy.”. (shrink)

The use of organs obtained from executed prisoners in China has recently been condemned by every major transplant organization. The government of the People's Republic of China has also recently made it illegal to provide transplant organs from executed prisoners to foreigners transplant tourists. Nevertheless, the extreme shortage of transplant organs in the U.S. continues to make organ transplantation in China an appealing option for some patients with end-stage disease. Their choice of traveling to China for an organ leaves U.S. (...) transplant programs with decisions about how to respond to the needs of patients who return after transplantation. By discussing two cases that raised this dilemma, we argue for upholding medicine's commitments to traditional principles of beneficence and nonjudgmental regard in sorting out the policies that a transplant program should adopt. We also explain how position statements that aim for the high ground of moral purity fail to give appropriate weight to the needs and suffering of present and future patients in the U.S. and in China. (shrink)