I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

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

The Fallibility Norm—the claim that we ought to take our fallibility into account when managing our beliefs—appears to conflict with several other compelling epistemic norms. To shed light on these apparent conflicts, I distinguish two kinds of norms: norms of perfection and norms of compensation. Roughly, norms of perfection tell us how agents ought to behave if they’re to be perfect; norms of compensation tell us how imperfect agents ought to behave in order to compensate for their imperfections. I argue (...) that the Fallibility Norm is a norm of compensation, and that thinking of it like this helps us make progress in debates surrounding disagreement, higher-order evidence, and coherence. (shrink)

This essay discusses how international political theory can become more receptive towards Islamism. The central claim is that Islamism can be interpreted as a form of communitarianism. To underpin this claim, the study relies on an analysis of how the concepts of community and person are conceived in communitarianism and Islamism. On the basis of the affinities of these conceptions between Islamism and communitarianism the essay shows that Islamism can be interpreted as a form of communitarianism. The study then concludes (...) that understanding Islamism as communitarianism produces a common space for public reasoning which would deserve more consideration from political theorists. Secondly Islamism as communitarianism reassesses the possibility of a political theory engagement with Islamist theory that can benefit the recognition of human rights norms in circumstances in which Islamism is particularly influential. (shrink)

In The Law of Peoples, John Rawls offers an idea of international public reason that governs the relationship between liberal and decent peoples. This article begins by considering the relationship between liberal peoples and the form of public reason that they would deem acceptable. It ultimately argues that there is an international public reason that is common to minimally just states that is different from what would be found in the law of peoples. The applicability and content of this version (...) of international public reason is governed by the possibility of states associating with one another in what I call an international friendship. Minimally just states would accept the importance of reasons for being attentive to how their actions can affect the just arrangements of other minimally just states. The reason of international friendship presents the possibility of competing international publics with their own form of reason. (shrink)

The secession of prosperous regions may negatively affect the redistributive scheme of an established state. As a consequence, the capacity of its welfare system to support the inhabitants of poorer regions may be significantly reduced. Some authors assert that affluent groups who opt for full political independence violate duties of solidarity. This objection to the secession of prosperous regions can be based on different views of distributive justice. Here, following a distinction that has been introduced by Allen Buchanan, ‘subject centred’ (...) and ‘justice as reciprocity’ theories are explored. It is argued that both theories fail to support the case against the secession of wealthy groups. ‘Subject centred’ theories cannot explain special duties toward compatriots, whereas ‘justice as reciprocity’ theories cannot justify restrictions on exit rights. However, this does not mean that separatists have no moral duties vis-à-vis their fellow citizens. They are obliged to dissolve the political union in a fair way, e.g., by accepting responsibility for some share of the public debts. (shrink)

Por que a teoria política normativa voltada para questões de justiça social e política deveria se ocupar de princípios no âmbito daquilo que John Rawls denominou “teoria ideal”, em contraste com a “teoria não ideal” da justiça? Será que necessitamos desenvolver e refinar uma teoria ideal da justiça para determinar o que a justiça requer nas condições não ideais com as quais no defrontamos? Será que a “teoria ideal” da justiça é capaz de orientar a ação – decisões políticas e (...) escolhas institucionais – em condições não ideais? Se a resposta para essas duas perguntas for “não”, então deveríamos acima de tudo nos empenhar em desenvolver uma teoria não ideal da justiça. Nas versões mais fortes dessa objeção, como a de Amartya Sen em The Ideia of Justice, podemos dispensar inteiramente a teoria ideal da justiça. Contra essa linha de objeção, que também é sustentada, de formas distintas, por autores como Onora O’Neill, Colin Farrelly e Charles Mills, este artigo desenvolve uma argumentação em duas etapas. Em primeiro lugar, sustenta-se que há razões para valorizar a teorização ideal que são independentes da relação que possa ter com a teoria não ideal. Em uma segunda etapa, sustenta-se que a teoria ideal da justiça, embora deixe enorme quantidade de trabalho (empírico e normativo) a ser feito, é imprescindível para determinar o que a justiça requer de nós aqui e agora. (shrink)

The notions of “ideal theory” and “nonideal theory” have become widely accepted in political philosophy. Recently, several philosophers’ have urged that ideal theory systematically produces practically irrelevant theories. Such philosophers argue that political philosophy ought move away from ideal theory in order to make the discipline more germane to the unjust real world. Call this tactic of eliminating ideal theory “Strategy.” In this paper, I argue that political philosophy would do well to abandon the ideal/nonideal distinction. Though the use of (...) INID is widespread, philosophers do not have one uniform way of drawing the distinction; of the several common ways of drawing the distinction, none is categorical. As a consequence of this ambiguity, the role that INID plays in our political philosophical theorizing has become pernicious. (shrink)

Eva Erman and Niklas Möller have recently presented a trenchant critique of my (2015) argument that ideal normative theories are uninformative for certain practical purposes. Their criticisms are largely correct. In this note, I develop the ideas behind my earlier argument in a way that circumvents their critique and explains more clearly why ideal theory is uninformative for certain purposes while leaving open the possibility that it might be informative for other purposes.

The word ‘cosmopolitan’, which derives from the Greek word kosmopolitês (‘citizen of the world’), has been used to describe a wide variety of important views in moral and socio political philosophy. The nebulous core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, do (or at least can) belong to a single community, and that this community should be cultivated. Different versions of cosmopolitanism envision this community in different ways, some focusing on (...) political institutions, others on moral norms or relationships, and still others focusing on shared markets or forms of cultural expression. The philosophical interest in cosmopolitanism lies in its challenge to commonly recognized attachments to fellow citizens, the local state, parochially shared cultures, and the like. (shrink)

This article argues that resolutions to the sorites paradox offered by epistemic and supervaluation theories fail to adequately account for vagueness. After explaining the paradox, I examine the epistemic theory defended by Timothy Williamson and discuss objections to his semantic argument for vague terms having precise boundaries. I then consider Rosanna Keefe's supervaluationist approach and explain why it fails to accommodate the problem of higher-order vagueness. I conclude by discussing how fuzzy logic may hold the key to resolving the sorites (...) paradox without positing indefensible borders to the correct application of vague terms. (shrink)

In this dissertation I examine the topics of ethics, religion, and their relationship in the work of Charles Taylor. I take Taylor's attempt to confront modern disenchantment by seeking a kind of re-enchantment as my guiding thread. Seeking re-enchantment means, first of all, defending an `engaged realist' account of strong evaluation, i.e., qualitative distinctions of value that are seen as normative for our desires. Secondly, it means overcoming self-enclosure and achieving self-transcendence, which I argue should be understood in terms of (...) transcending a `lower' mode of selfhood for a `higher' one in concern for `strong goods'. One of the main issues that Taylor raises is whether re-enchantment requires theism for its full adequacy. He advances - often as `hunches' - controversial claims regarding the significance of theism (1) for defending strong evaluative realism and (2) for motivating an ethic of universal human concern. I seek to fill out his hunches in terms of a theistic teleological perspective that is centered on the `telos of communion'. I argue that such a view is important for overcoming the problem of what Bernard Williams calls the `radical contingency' of ethical beliefs, which seems to undermine their normative authority. However, I argue that if a non-theistic view of cosmic purpose (e.g., Thomas Nagel's view) can be regarded as a viable option, then it could also help to address this problem and support a kind of re-enchantment. Taylor also advances the controversial view that (3) there is an ineradicable draw to `transcendence' in human life in connection to the quest for the meaning of life. Here he opposes certain mainstream theories of secularization that see it as a process involving the ineluctable fading away of the relevance of religion. I seek to fill out and defend Taylor's view in this matter. Besides providing a reading of Taylor's work as a whole and advancing further some of the issues he raises, I also examine his general evaluative framework based on his account of strong evaluation. In doing so I show how he provides a distinct and important perspective among contemporary moral philosophers. (shrink)

Several conflict theorists have appropriated Hegel’s ‘struggle for recognition’ to highlight the healthy dimensions of conflict and to explore ways of reaching reconciliation through mutual recognition. In so doing, some scholars attend to the interpersonal dimension of reconciliation, while others focus on the interstate dimension of reconciliation. This paper argues that both approaches miss important Hegelian insights into the modern state. Hegel understands that freedom must be situated and bounded in order to take a concrete form. He believes that concrete (...) freedom and domestic reconciliation create an atmosphere that can pressure the state to be more confrontational with other states by attaining a stronger individuality. Thus, the common concern about freedom among Hegelian states remains a ‘thin’ version of communication, vulnerable to such factors as national honor or recognition status. Hegel’s challenge urges peace-inspired scholars to explore ways of achieving concrete freedom and domestic reconciliation while simultaneously relieving interstate conflict. (shrink)

Within the literature in green political theory on global environmental threats one can often find dissatisfaction with liberal theories of justice. This is true even though liberal cosmopolitans regularly point to global environmental problems as one reason for expanding the scope of justice beyond the territorial limits of the state. One of the causes for scepticism towards liberal approaches is that many of the most notable anti-cosmopolitan theories are also advanced by liberals. In this paper, I first explain why one (...) of the strongest expressions of liberal anti-cosmopolitanism cannot simply be dismissed because it may fail to support desired environmental ends. The political conception of justice represents one of the most important challenges to cosmopolitanism generally and is thus a serious challenge to viewing global environmental problems in terms of cosmopolitan justice. Second, I will show through the case of anthropogenic global warming that the political conception of justice under current conditions does have clear cosmopolitan implications despite its proponents' claims. (shrink)

In this thesis, the framework within which long-term goals are set and subsequently achieved or approached is analyzed. Sustainable development and climate change are areas in which goals have tobe set despite uncertainties. The analysis is divided into the normative motivations for setting such goals, what forms of goals could be set given the empirical and normative uncertainties, and how tomanage doubts regarding achievability or values after a goal has been set. Paper I discusses a set of questions that moral (...) theories intended to guide goal-setting should respond to. It is often claimed that existent normative theories provide only modest guidance regarding climate change, and consequently have to be revised or supplemented. Two such suggested revisions or supplements are analyzed in order to determine whether they provide such guidance. Paper II applies the deep ecological framework to survey the extent to which it can be utilized to discuss issues concerning the management of climate change. It is suggested that the deep ecological framework can provide guidance by establishing a normative framework and an analysis of how the overarching values and principles can be specified to be relevant for actions. Paper III is focused on normative political theory, and explicates the two dimensions of empirical and normative uncertainty. By applying recent discussions in normative political theory on ideal/non-ideal theory, political realism, and the relation between normative demands and empirical constraints,strategies for managing the proposed goals are suggested. Paper IV suggests a form of goal that incorporates uncertainties. Cautious utopias allow greater uncertainty than realistic goals,but not to the same extent as utopian goals. Such goals have a performance-enhancing function. A definition and quality criteria for such goals are proposed. Paper V considers whether a goal that is becoming all the more unlikely to be achievable should be reconsidered. The paper focuses on the two degrees Celsius target, and asks whether it could still be a sensible goal to aspire to. By applying the principle that ‘ought’ implies ‘can’, the role of such obligations is investigated. Paper VI surveys how to treat circumstances in which an already set goal should be reconsidered and possibly revised, and what would evoke doubt in the belief upon which those goals have been set.Two situations are analyzed: a problematic or surprising event occurs, upsetting confidence in one’s relevant beliefs, or respectable but dissenting views are voiced concerning one’s means and/or values. It is suggested that the validity of doubt has to be considered, in addition to the level in a goal-means hierarchy towards which doubt is raised. (shrink)

The general aim of this licentiate thesis is to analyze the framework in which long-term goals are set and subsequently achieved. It is often claimed that goals should be realistic, meaning that they should be adjusted to known abilities. This thesis will argue that this might be very difficult in areas related to sustainable development and climate change adaptation, and that goals that are, to an acceptable degree, unrealistic, can have important functions. Essay I discusses long-term goal setting. When there (...) is a great temporal discrepancy between the point in time of setting and achieving a goal, many uncertainties have to be considered. The surrounding world and the agent’s abilities and values might change. This is an ontological uncertainty. We often form beliefs regarding how abilities and values might change, but this belief is always uncertain. This is an epistemological uncertainty. A form of goal called cautiously utopian goals is proposed, which incorporate such uncertainties, but enables goal setting with long time-frames. Essay II discusses the issue of goals intended to reduce great risks. We cannot expect an agent to do something that lies beyond this agent’s abilities, as exemplified in the principle ‘ought implies can’. Adjusting goals to what we currently, with a high degree of certainty know could be done is difficult. If not including an estimation of how abilities can change, important performance-enhancing functions of goals might be lost. It is argued that very ambitious goals should be set. This is partly due to the great magnitude and likelihood of unwanted consequences and partly due to the difficulty of delineating what lies in agents’ capacity to manage complex risks. Essay III discusses a decision-facilitating tool Sustainability Analysis to be used by Swedish municipal planners. One sub-part of the tool, Goal Conflict Analysis, can be used to identify how the consequences of a planned adaptation measure will affect other long-term municipal goals. Identified goal conflicts can then be used in order to determine whether the conflicts are acceptable, or whether a different adaptation measure should be worked out. The paper discusses a workshop in a Swedish municipality in which the tool has been tested. (shrink)

Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception of normative (...) stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply. (shrink)

In one of his most famous works, World Poverty and Human Rights: Responsabilities and Reforms, Thomas Pogge founded a theory which has become a reference point for researchers addressing the topic of global justice. The global resources dividends theory has at its core the debate around global justice and, in particular, the debate on how the citizens of rich countries should assume moral responsibility in relation to citizens of other countries, that could be characterized by extreme poverty. Pogge addresses and (...) brings to the forefront of contemporary philosophy the increasingly larger social cleavages, a global community deeply differentiated into two categories of people: citizens of developed countries experiencing an unprecedented abundance and citizens of burdened countries, with people that are fighting hunger, the most severe illnesses and other shortcomings. Due to this context, a rigorous analysis on global moral responsibility and the GRD as a possible alternative is required. (shrink)

This paper analyzes areas of convergence in the works of Amartya Sen and Slavoj Žižek in their criticisms of the multiculturalist approach to non-violence. First, Žižek’s characterization of the liberal discourse of guilt and fear is presented. Then, Sen’s key ideas on multiculturalism, tolerance, and rational critique are explicated. Next, a synthesis of Sen and Žižek’s notions of universality, freedom, and rationality, as well as of their critical conceptions of globalization and anti-globalization are discussed. Subsequently, Sen and Žižek’s divergences on (...) overcoming violence are examined. Lastly, from integrating Sen and Žižek’s thoughts, key theses are provided on the paradoxical character of the multiculturalist approach to non-violence and on how despite their divergences, both Sen and Žižek propose radical systematic changes and an alternative approach to non-violence characterized by the universals of rationality and genuine freedom. (shrink)

According to ‘global institutionalism,’ individuals who do not share a state have duties of justice to one another, and this is explained, in part, by the institutional connections that obtain between them. In this chapter, I defend this view against two challenges. First, I consider challenges raised by ‘non-institutionalists,’ who deny that facts about global institutional interaction bear on the nature of duties of justice that arise between particular individuals. Second, I address challenges posed by ‘domestic institutionalists,’ who accept the (...) claim that facts about institutional interaction bear upon the scope of justice but deny that the right sort of interaction necessary to ground duties of justice is found in the global domain. (shrink)

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

The political theory of migration has largely occurred within a paradigm of methodological nationalism and this has led to the neglect of morally salient agents and causes. This article draws on research from the social sciences on the transnationalism, globalization and migration systems theory to show how methodological nationalist assumptions have affected the views of political theorists on membership, culture and distributive justice. In particular, it is contended that methodological nationalism has prevented political theorists of migration from addressing the roles (...) of non-state agents and of transnational economic, social and political structures. These agents and structures contribute to the asymmetrical distribution of goods and opportunities and thus have important implications for debates about migration and distributive justice. (shrink)

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (shrink)

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)