The notion that if democracy is to flourish in East Asia it must be realized in ways that are compatible with East Asian’s Confucian norms or values is a staple conviction of Confucian scholarship. I suggest two reasons why it is unlikely and even undesirable for such a Confucianized democracy to emerge. First, 19th- and 20th-century modernization swept away or weakened the institutions which had transmitted Confucian practices in the past, undermining claims that there is an enduring Confucian communitarian or (...) cultural heritage today that democratic institutions have to adapt themselves to—or that a Confucian cultural spirit can be revived. Second, 20th-century East Asian statist regimes rationalized Confucianism for national ideologies meant to bind their citizens’ loyalties to developmentalist goals. Memories of this now delegitimized, statist Confucianism have contributed to the further marginalization of Confucian norms, and to their dissociation from democratic values, in today’s pluralistic democracies in East Asia. This essay argues that a Confucian conviction politics developed within the frame of East Asia’s actually existing liberal democracies provides a better course for advocates of Confucianism in democratic politics. (shrink)

The article explores the fundamental difference between two aspects of justice: international and global. It is then argued that for the sake of global justice, the difference can be overcome by taking a closer look at the basic human right of self-preservation in relation to moral agency, human well-being and social/distributive justice at both global and national levels. In an endeavour to attain global justice, the article defends an absolute moral right to a human minimum.

The article explores the fundamental difference between two aspects of justice: international and global. It is then argued that for the sake of global justice, the difference can be overcome by taking a closer look at the basic human right of self-preservation in relation to moral agency, human well-being and social/distributive justice at both global and national levels. In an endeavour to attain global justice, the article defends an absolute moral right to a human minimum.

In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of human rights that Miller’s account generates is, however, minimal (...) when compared to those found in human rights documents, such as the Universal Declaration of Human Rights and the European Convention on Human Rights. This article argues that contrary to what Miller claims, his account is ‘sectarian’, since it relies on reasons that some non-liberals should find objectionable given their divergent values. It goes on to question whether ‘sectarianism’, as Miller defines it, is, in any case, a problem for human rights theory. The article concludes that Miller provides us with no reason to abandon commitment to a more extensive list of human rights. (shrink)

Many economists have argued convincingly that automated systems employing present-day artificial intelligence have already caused massive technological displacement, which has led to stagnant real wages, fewer middle- income jobs, and increased economic inequality in developed countries like Canada and the United States. To address this problem various individuals have proposed measures to increase workers’ living standards, including the adoption of a universal basic income, increased public investment in education, increased minimum wages, increased worker control of firms, and investment in a (...) Green New Deal that will provide substantial employment in transitioning to green energy, buildings, and agriculture. In this paper I argue that both left-wing and right-wing positions in political philosophy, such as John Rawls’s Justice as Fairness and Robert Nozick’s Entitlement Theory, are committed to the conclusion that we should take political action to counteract the effects of technological displacement by undertaking such measures to increase workers’ living standards. (shrink)

Since Rawls's Political Liberalism is by now the subject of a wide and deep philosophical literature, much of it excellent in quality, it would be foolhardy to attempt to say something about each of the major issues of the work, or to sort through debates that can easily be located elsewhere. I have therefore decided to focus on a small number of issues where there is at least some chance that a fresh approach may yield some new understanding of the (...) text: Rawls's distinction between “reasonable” and “unreasonable” comprehensive doctrines; the psychological underpinnings of political liberalism; and the possibility that political liberalism might be extended beyond the small group of modern Western societies that Rawls's historical remarks suggest as its primary focus. I also include a discussion of the much-debated issue of civility and public reason, which could hardly be avoided given its prominence in the book's reception. This paper should therefore be read not as a comprehensive account of the work but as one person's attempt to grapple, very incompletely and imperfectly, with a book that is as great as any philosophy has seen on this topic of great human urgency. (shrink)

Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a (...) rejection of Christian (or any other monotheistic) ethics, no matter how otherwise universal. Yet this essay argues that Jewish ethics that prescribes norms for all humans, and that is knowable by all humans, actually constitutes a wider moral universe than does Kantian ethics, because it can include non-rational human objects and even non-human objects altogether. This essay also argues that a totally egalitarian moral universe, encompassing all human relations, becomes an infinite, totalizing universe, which can easily become the ideological justification (ratio essendi) of a totalitarian regime. (shrink)

Open Access: This essay argues that Claudia Card numbers among important contributors to nonideal ethical theory, and it advocates for the worth of NET. Following philosophers including Lisa Tessman and Charles Mills, the essay contends that it is important for ethical theory, and for feminist purposes, to carry forward the interrelationship that Mills identifies between nonideal theory and feminist ethics. Card's ethical theorizing assists in understanding that interrelationship. Card's philosophical work includes basic elements of NET indicated by Tessman, Mills, and (...) others, and further offers two important and neglected elements to other nonideal ethical theorists: her rejection of the “administrative point of view,” and her focus on “intolerable harms” as forms of “extreme moral stress” and obstacles to excellent ethical lives. The essay concludes that Card's insights are helpful to philosophers in developing nonideal ethical theory as a distinctive contribution to, and as a subset of, nonideal theory. (shrink)

ABSTRACT:Like most egalitarian political philosophers, John Rawls believes that a just society will rely on markets and business firms for much of its economic activity—despite acknowledging that market systems will tend to create very unequal distributions of goods, opportunities, power, and status. Rawls himself remains one of the few contemporary political philosophers to explore at any length the way an egalitarian theory of justice might deal with fundamental options in political economy. This article examines his arguments and conclusions on these (...) topics. It argues that contemporary Rawlsians will reach different conclusions if they take more seriously than Rawls himself did: (1) the implications, for the political culture and the democratic regulatory state, of large firms competing in adversarial markets characterized by the inevitable “fact of market failure,” and (2) the relevance of ownership and governance relationships involving different kinds of business firms. And with respect to the second point, Rawlsians and other egalitarians have much to learn from contemporary economic, legal, and sociological theories of the firm, and the role of these theories in the structure of and rationale for corporate law. This is the kind of social theory that Rawls believes is relevant to the justification and application of theories of justice, but he himself did not appeal to it in his writings on political economy. Contemporary egalitarians can and should appeal to it now, and in doing so correct errors and omissions in Rawls’s analysis. But taking seriously the two points mentioned above will also force egalitarians who support efficient markets to face difficult dilemmas or compromises of their own. (shrink)

Open Access: What if it doesn’t get better? Against more hopeful and optimistic views that it is not just ideal but possible to put an end to what John Rawls calls “the great evils of human history,” I aver that when it comes to evils caused by human beings, the situation is hopeless. We are better off with the heavy knowledge that evils recur than we are with idealizations of progress, perfection, and completeness; an appropriate ethic for living with such (...) heavy knowledge, which I call an ‘Imperfectionist Ethic,’ could include resisting evils, improving the lives of victims, and even enjoying ourselves. Better conceptions of the objects of hope, and the good life, inform a praxis-centered, nonideal ethic, supportive of sustained moral motivation, resilience, and even cheer. I connect elements of stoic and pessimistic philosophy in order to outline some normative recommendations for living with evils. A praxis-centered ethic would helpfully adjust our expectations from changing an uncontrollable future, to developing better skills for living in a world that exceeds our control. (shrink)

Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions and restrictions (...) on mobility. On the contrary, open borders claim an unrestricted and unconditional (not unqualified) freedom of movement, limited only by public health considerations, serious threats to national security or democratic institutions, but not by an aspiration for maximizing global redistributive utility. The main point is that not only would freedom of movement be instrumentalized, losing its presumptive moral force, but ultimately open borders as a remedy of global justice are an oxymoron. The article concludes with an alternative defence of freedom of international movement. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social contract would not (...) include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

I present a new challenge to the Rawlsian insistence on ideal theory as a compass orienting concrete policy choices. My challenge, focusing on global politics, consists of three claims. First, I contend that our global ideal can become more ambitious over time. Second, I argue that Rawlsian ideal theory’s level of ambition might change because of concrete policy choices, responding to moral failures which can be identified and resolved without ideal theory. Third, I argue that we currently face such potentially (...) transformative choices. I conclude that these choices are analytically prior to, rather than derivative from, global ideal theory. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

In The Law of Peoples Rawls claims that liberal well-ordered societies (LWOSs) should regard certain non-liberal societies, decent hierarchical societies (DHSs), as equal members of a just international order, a ‘Society of Peoples.’ Rawls maintains, however, that while the ‘basic structures’ (the main political and economic institutions) of LWOSs are fair systems of social cooperation, the basic structures of DHSs are only ‘decent’ systems of social cooperation. I explain why the basic structures of DHSs cannot be fair systems of social (...) cooperation. In doing so, I refute a recent defense of DHSs advanced by Samuel Freeman. I then argue that because the basic structures of DHSs cannot be fair systems of social cooperation, Rawls is not justified in holding that LWOSs should refrain always from offering economic incentives to DHSs in order to encourage them to liberalize their political institutions. The ultimate aim of the foreign policies of LWOSs should be a world in which liberal democratic rights are respected by all societies. (shrink)

We formulate a distinctly 'political liberal' conception of mutual respect, which we call 'civic respect', appropriate for governing the public political relations of citizens in pluralist democratic societies. A political liberal account of education should aim at ensuring that students, as future citizens, learn to interact with other citizens on the basis of civic respect. While children should be required to attend educational institutions that will inculcate in them the skills and concepts necessary for them to be free and equal (...) citizens, parents should be granted as much freedom as is compatible with the requirements of civic respect to raise their children in accordance with their respective 'comprehensive doctrines' (systems of beliefs and values, including religious doctrines). We consider an objection to our position drawn from the account of upbringing recently advanced by Matthew Clayton, namely, that the conception of civic respect that we advance rests on an implausible view about the limited scope of the requirements of political justice. We develop an account of the 'basic structure of society' as the appropriate subject of political justice that can overcome this objection. (shrink)

The current philosophical debate on just international trade has moved away from purely idealistic theorizing into the direction of non-ideal theory. At the same time most philosophical thought on just trade is still rather idealistic and the main argument of the paper is that some philosophical reasoning about international trade justice should be more realistic. The paper develops in three steps. In a first step I will give a short overview over normative questions that arise with respect to international trade. (...) I will then highlight a proposal brought forward by Leif Wenar, because he is aware of the realist challenge and tries to counter it. In a second step I will discuss why it is important to integrate a realist perspective into philosophical considerations of international trade justice. Trade agreements are embedded in political contexts that influence the normative perspective one should take on trade justice. This leads to the third part of the article, where I will explore how a realist approach can go along with more idealistic perspectives, which leads to a weakly realist perspective on trade justice. (shrink)

In this article, I argue that the fact of reasonable pluralism (FRP) – a famous Rawlsian assumption about the intellectual demographics of liberal democracies – is not as self-evident as is sometimes thought. The problem with the FRP is that in Political Liberalism Rawls is treating the freedoms and burdens story as being sufficient – in itself – to explain the demographics of reasonable pluralism. The inadequacy of the freedoms and burdens story is an indication that the FRP is empirically (...) underdetermined as a way of glossing the belief demographics of liberal democracies. And it is a reason to wonder whether pluralism is as permanent as Rawls thinks. But worldview disagreements are not necessarily so incorrigible. In response to the FRP, it can be asserted that there is nothing that is inherent in the idea of a liberal democracy to preclude the choice by the citizens of a common worldview. (shrink)

In this article, I argue that the fact of reasonable pluralism (FRP) – a famous Rawlsian assumption about the intellectual demographics of liberal democracies – is not as self-evident as is sometimes thought. The problem with the FRP is that in Political Liberalism Rawls is treating the freedoms and burdens story as being sufficient – in itself – to explain the demographics of reasonable pluralism. The inadequacy of the freedoms and burdens story is an indication that the FRP is empirically (...) underdetermined as a way of glossing the belief demographics of liberal democracies. And it is a reason to wonder whether pluralism is as permanent as Rawls thinks. But worldview disagreements are not necessarily so incorrigible. In response to the FRP, it can be asserted that there is nothing that is inherent in the idea of a liberal democracy to preclude the choice by the citizens of a common worldview. (shrink)

This article begins with a detailed analysis of how the choice situation of a social contract for international business ethics can be constructed and justified. A choice situation is developed by analyzing conceptions of the multinational firm and the domain of international business. The result is a hypothetical negotiation between two fictional characters, J. Duncan Grey and Elizabeth Redd, who respectively represent the interests of businesses and communities seeking to engage in international trade. The negotiators agree on ethical principles governing (...) wages, the environment, and compliance social and cultural norms. These principles are then shown to rest in wide reflective equilibrium with considered moral judgments on international business ethics, which are drawn from international agreements, such as the UN Declaration on Human Rights, and voluntary business initiatives, such as the Global Sullivan Principles and the UN Global Compact. (shrink)

Many advocate practices of ‘local food’ or ‘locavorism’ as a partial solution to the injustices and unsustainability of contemporary food systems. I think that there is much to be said in favor of local food movements, but these virtues are insufficient to immunize locavorism from criticism. In particular, three duties of international ethics—beneficence, repair and fairness—may provide reasons for constraining the developed world’s permissible pursuit of local food. A complete account of why (and how) the fulfillment of these duties constrains (...) locavorism will require extensive empirical evidence about the relationship between agricultural demand-led industrialization, international trade (rules), and local food practices. In this paper I can only gesture at some of this evidence and, for that reason, my policy prescriptions are merely provisional. Instead, the upshot of this paper is that advocates of locavorism ought to be attentive to the empirical-dependence of the moral permissibility of their projects. As local food ‘scales up’—and comes to be embraced as a goal of political communities—these concerns should receive even greater attention. (shrink)

Based on a turn to the rational human subject in Descartes, Kant and Feuerbach, this paper critically examines four efforts at shaping sustainability discourse: the definition of sustainability in Our common future; stewardship Christian theology; forms of partisan justice; and GDP as measure of economic growth. These efforts made certain advances, but because they share the underlying anthropocentric bias of Western philosophy, they fail to step out of the current sustainability paradigm. The paper closes with two suggestions of how to (...) de-centre the human subject and to build a network-view of all species. (shrink)

John Rawls produced two versions of the law of peoples: an article, published in 1993, and a book, published in 1999. Both versions defend basic human rights as a minimum requirement of a just law of peoples. However, in an apparent effort to strengthen his defense of this requirement, the argument changed. This paper examines the apparent difficulties that forced the changes and maintains that they still do not succeed in justifying basic human rights. The source of the difficulty, I (...) argue, is Rawls’s reluctance to impose liberal values on nonliberal societies, and the imposition of such values, I suggest, is unavoidable if basic human rights are to be justified. Hence, if our best attempts to justify basic human rights ultimately show that appeals to liberal values are unavoidable, then we should regard such appeals as no more of an imposition than the expectation that all societies must protect basic human rights. Even more significantly, if such appeals justify liberal freedoms that go beyond basic human rights, then arguments in support of basic human rights would also justify international efforts to advance further liberal reforms within nonliberal societies. (shrink)

Institutionalized practices of collective justification are central for theorizing international fairness. Institutions matter because they play a significant part in the construal of fairness claims through the provision of internal standards for moral assessment. Conceptions of international fairness must spell out how collective justification works by addressing the jurisprudential and institutional issues at stake in the specification of the moral grounds for compliance with international institutions on the one hand and international civil disobedience on the other. Theoretical models of institutions (...) that do not pay attention to collective justification are inadequate on fairness grounds. More specifically, mainstream neoliberal institutionalist accounts of international regimes are deeply problematic when used in the normative evaluation of international institutions, as they offer the wrong benchmark for moral assessment, given their roots in a brand of exchange theory that is blind to the distribution of burdens and benefits from cooperation. (shrink)

Nanoparticles have multifaceted advantages in drug administration as vaccine delivery and hence hold promises for improving protection of farmed fish against diseases caused by pathogens. However, there are concerns that the benefits associated with distribution of nanoparticles may also be accompanied with risks to the environment and health. The complexity of the natural and social systems involved implies that the information acquired in quantified risk assessments may be inadequate for evidence-based decisions. One controversial strategy for dealing with this kind of (...) uncertainty is the precautionary principle. A few years ago, an UNESCO expert group suggested a new approach for implementation of the principle. Here we compare the UNESCO principle with earlier versions and explore the advantages and disadvantages by employing the UNESCO version to the use of PLGA nanoparticles for delivery of vaccines in aquaculture. Finally, we discuss whether a combined scientific and ethical analysis that involves the concept of responsibility will enable approaches that can provide a supplement to the precautionary principle as basis for decision-making in areas of scientific uncertainty, such as the application of nanoparticles in the vaccination of farmed fish. (shrink)

Until now, it has mostly been assumed that the kind of health the human right to health is concerned with is clearly understood and universal. Here, I question this assumption and offer an explicitly political and pluralistic account of health that is designed to help guide international and cross-cultural interventions on behalf of health. In order to be a useful mechanism of accountability, the human right to health needs an enforceable minimum standard of health by which to judge situations and (...) to determine if a violation of rights has occurred, but due to its international nature, it also needs to admit a large degree of cultural flexibility. With the account of health that I provide, I hope to clarify what makes up that minimum standard in a way that avoids unjustified parochial bias, while not being so permissive as to undermine the political force of a universal human right. (shrink)

La teoría republicana moderna de la concepción revolucionaria de la soberanía popular tuvo un eslabón fundamental en la filosofía política de John Locke, quien elaboró un argumento en favor de la libertad natural y de la autonomía de juicio de los individuos, y en contra de la sujeción natural y la alienación de la libertad política. Concibe la autoridad política como un poder político fiduciario instituido para el fin del bien público. Cuando los gobernantes actúan para fines distintos de los (...) encomendados, arbitrariamente o por su interés propio, la confianza se pierde y el ejercicio del poder político regresa a las manos del pueblo libre. Modern republican theory of the revolutionary conception of popular sovereignty had a fundamental link in the political philosophy of John Locke, who elaborated an argument in favour of the natural freedom and autonomy of judgment of individuals, and against the natural subjection and alienation of political freedom. He conceives of political authority as a fiduciary political power instituted for the end of public good. When the trustees act for ends other than those entrusted, arbitrarily or for his own interest, trust is forfeited and the exercise of political power returns to the hands of the free people. (shrink)

I explore the moral implications of four possible futures: a broken future where our affluent way of life is no longer available; a virtual future where human beings spend their entire lives in Nozick's experience machine; a digital future where humans have been replaced by unconscious digital beings; and a theological future where the existence of God has been proved. These futures affect our current ethical thinking in surprising ways. They raise the importance of intergenerational ethics, alter the balance between (...) competing moral theories, and push morality in a more objective direction. (shrink)

Any workable ideal of deliberative democracy that includes elections will need modern democracy's ever-present ally, parties. Since the primary function of parties is to win office rather than to reflect on public questions, parties are potential problems for the deliberative enterprise. They are more at home in aggregative models of democracy than in deliberative models. While deliberative democracy will need its moments of aggregation—and therefore, must have parties—partisans as they actually arise in the political world possess traits that undermine the (...) deliberative ideal. If partisans of partisanship are to be unembarrassed by (or are to correct) these defects, even workable ideals of deliberative democracy need to stand at some distance from the partisan imperative. (shrink)

Eradicating poverty is one of the prime goals included in the Sustainable Development Goals set by the United Nations in its Post-2015 Development Agenda. Clearly, this is a mission set for the world to achieve but do humans have a moral obligation to fulfill it? In other words, is there a moral obligation on the part of the affluent of the world to help the needy poor? Drawing on the relation between a moral obligation and a moral right, one view (...) is that if there is a moral obligation to help the needy poor of the world, then we can say that those afflicted by severe poverty have a moral right (human right) to be free from poverty. But being an example of a socioeconomic right, it is writ with problems leading some philosophers to doubt that there is such a right. On the other hand, many attempts have been made to justify such a right. The paper looks at some attempts that have been made to justify the existence of such a right on the metaethical principles of justice, humanity and the concepts of karma and dharmic duty. It further delves into the nature of the moral obligation to eradicate poverty where this philosophical exercise provides the vision and the insight into the extent and scope of the mission. Lastly, the paper suggests how in view of the complex theoretical issues involved, one can attempt to generate the conviction that there is a human moral obligation to eradicate poverty. (shrink)

Aunque el uso no problematizado en el lenguaje ordinario de los términos "consenso" y "consentimiento" sugiere que debe haber alguna comprensión compartida de su significado, no hay un acuerdo generalizado sobre el uso de estos conceptos entre los filósofos políticos. De hecho, el significado filosófico de estos conceptos sigue siendo elusivo y controvertido; tal vez precisamente a causa de su amplitud y centralidad. Teniendo en cuenta los numerosos intentos de explicar satisfactoriamente consenso y consentimiento -que con el tiempo se han (...) vuelto más sofisticados-, este artículo recoge algunos usos filosóficos fundamentales de estos dos multifacéticos conceptos y sugiere una estrategia para bosquejar un mapa que parece un rompecabezas cuyas piezas están moldeadas de tal forma que se necesita un enfoque multidisciplinario para poder identificar adecuadamente sus significados e implicaciones. Although the unproblematic use of the terms "consensus" and "consent" in ordinary language suggests that there must be some shared understanding of their meaning, there is no widespread assent on the use of these concepts among political philosophers. In fact, the philosophical meaning of these concepts remains elusive and controversial, perhaps exactly because of their extension and centrality. Taking note of the numerous attempts to provide a satisfactory account of "consensus" and "consent" - that have become increasingly sophisticated in time - this article recollects some fundamental philosophical uses of the two many-faceted concepts, and suggests a strategy for delineating a map that looks like a puzzle, whose pieces are shaped in such a way that we need a multidisciplinary approach in order to adequately identify their meanings and implications. (shrink)

Journal of Social Philosophy, EarlyView.

In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting unauthorized disclosures. Accordingly, there are two potential targets for prosecution: the leakers and the press. In practice, however, only the leakers are prosecuted: Snowden is facing a threat of 30 years’ imprisonment; no charges have been made against The Guardian. If both leaking and publishing leaks violate the law, why prosecute only the leakers and (...) not the press? I consider and reject two arguments. The first claims that the press has special moral claims by virtue of its rights or its role. The second argument states that the leakers commit a greater wrong than the press. I conclude that the current prosecution practice is inconsistent: prosecutors should either prosecute both or neither. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...) is allowed to operate. This conflict might be resolved either by adopting a cosmopolitan theory of justice (which leaves no room for national responsibility) or by adopting a ‘political’ theory of justice (which denies that questions of distributive justice can arise beyond the walls of the sovereign state). Since neither resolution is satisfactory, the chapter defends the idea of national responsibility and proposes a new theory of global justice, whose main elements are the protection of basic human rights worldwide, and fair terms of interaction between independent political communities. (shrink)

In the philosophy of liberalism, freedom of speech is one of the fundamental rights of the individual, one that is guaranteed by the constitution of a liberal democratic state. Contemporary Western democracies are based on the political culture in which human rights, including the right to free speech, play an important role. This right, however, can be violated by demagogic propaganda both in totalitarian regimes and in democracies. The propaganda mechanism, reaching into the sphere of community values and concepts, presently (...) operates also through the Internet, in which expressions of anger and hatred are disseminated and can lead to the destruction of democracy. I will argue that, in today’s world, restrictions on the freedom of speech through legal norms are necessary, because the threat comes not only in the form of censorship, but also the manipulation techniques used by politicians in democratic regimes. Advances in modern technology can be of service to dictatorship when the media and the Internet are used for propaganda or surveillance purposes, but they also provide a support to freedom and democracy when they serve as the means of the transmission of reliable information, initiating public discussions. As such, they establish a framework for rational debates and peaceful activities that contribute to the maintenance of the democratic political culture. The basic elements of this culture, i.e. legal rules, pluralist media, and education systems are all necessary for the defence of its core value, namely the freedom of speech. (shrink)

(2006). The Normative Justification of Traditional Chinese Authoritarianism. Critical Review of International Social and Political Philosophy: Vol. 9, No. 3, pp. 379-397.

With her new book, The Conceptual Foundations of Transitional Justice, Colleen Murphy has advanced novel, comprehensive and sophisticated philosophical accounts of both what severely conflict-ridden societies should be aiming for and how they should pursue it. Ultimately grounded on a prizing of rational agency, Murphy maintains that these societies, roughly, ought to strive for a stable and legitimate democratic polity committed to not repeating gross historical injustice and do so in ways that do right by victims. In this article, I (...) argue, contra Murphy, that achieving democratic rights to political participation should not be considered an essential aim of transitional justice, and that, in contrast, doing right by victims should be considered an essential aim of it, not merely an appropriate means to achieving other aims. In addition, I highlight an issue downplayed in Murphy’s book, namely, the need to make trade-offs amongst the aims of transitional justice, which becomes particularly pressing upon accepting that doing right by victims is one of them. (shrink)

It is hardly surprising that the two greatest Kantian philosophers of the twentieth century's second half would, at some point of time, reflect and comment on one of the most famous writings of the Königsberg sage, namely on Perpetual Peace: A Philosophical Sketch. Of course, in recent decades, and especially around the celebration of the 200th anniversary of its publication, many commentary articles and books have been published on Kant's little essay, but it makes a difference when Jürgen Habermas and (...) John Rawls make an effort to get to an appropriate understanding of Kant's text in the present-day world. Here I will describe some of the main features of their understanding of Kant's peace proposal. I will first briefly recall the main scheme of Kant's essay, anticipating the writings of Habermas and Rawls by employing their new vocabularies and schemes in describing Kant's position. The main purpose of my outline of Kant's essay is to investigate how much of Kant's proposal has remained alive in Habermas and Rawls. (shrink)

Los límites al discurso del odio se han explorado más en el ámbito jurídico, pues existen en la actualidad límites legales y jurisprudenciales como forma de evitar estos discursos en sociedad; no obstante, no es común referirse a límites desde la propia sociedad. Por tanto, el objetivo de este trabajo es explorar un límite al discurso del odio, primero, desde la perspectiva de la filosofía política y, segundo, desde una dimensión social, concretamente, a través de la razón pública y su (...) inherente deber de civilidad. (shrink)

States combine the routine refusal of citizenship to migrants with policies that grant newborns of citizens (or residents) full membership of society without questions asked. This paper asks what, if anything, can justify this differential treatment of the two types of newcomers. It explores arguments for differential treatment based on the differential environmental impact, different impact on the (political) culture of the society in question and differences between the positions of the newcomers themselves. I conclude that, although some justification for (...) differential treatment exists, the case for it is weaker than one may expect and the grounds on which it can be justified are surprising and problematic. (shrink)

In the lexicon of rights, the concept ofhumanrights can play a wide variety of roles. Human rights can be defined as substantive natural rights that transcend politics and culture or as the rights that underlie political and cultural differences. They can be defined narrowly as rights that could be asserted against enemies in war or, more broadly, as the aspirational goals to which governments are held accountable by their citizens and the world. Despite their lack of recognition in covenant and (...) positive law through much of the twentieth century, human rights are increasingly asserted on the basis of such recognition. To some, human rights are simply the sine qua non (procedural? biological?) for asserting other rights, whatever these may be. In this paper I do not choose among these uses of the concept of human rights by propounding a single definition; neither do I defend or criticize human rights in general. (shrink)