Just war theory − as advanced by Michael Walzer, among others − fails to take war seriously enough. This is because it proposes that we regulate war with systematic rules that are comparable to those of a game. Three types of claims are advanced. The first is phenomenological: that the theory's abstract nature interferes with our judgment of what is, and should be, going on. The second is meta-ethical: that the theory's rules are not, in fact, systematic after all, there (...) being inherent contradictions between them. And the third is practical: that by getting people to view war as like a game, the theory promotes its ‘aestheticization’ (play being a central mode of the aesthetic) such that those who fight are encouraged to act in dangerous ways. And war, it goes without saying, is already dangerous enough. (shrink)

In deeply divided societies (DDS) – those having experienced episodes of ethnic or religious mass violence – thousands of survivors must confront the challenge of reconstructing their public identity, split between their tragic human experience as victims and their political obligations as citizens. They are required to cooperate precisely with those who are, in their eyes, responsible for the crimes perpetrated against them. Is liberal democratic theory able to respond to such deep divisions? Is democracy, even, compatible with the reconciliation (...) that in these societies is a priority? Building on the idea that certain cultural conditions are important for securing the stability of liberal democracy, this paper presents an account of deliberative reconciliation appropriate to the context of DDS and which provides guidance in such circumstances of unmitigated pluralism. Deliberative reconciliation works with those elements of background culture that disclose some forms of civility within society. This is the culture of civility: a deliberative consensus, which enables former enemies to become part of a community of equals and to reciprocate on the basis of some shared political values, thus displaying support for liberal democratic institutions. (shrink)

How should International Political Theory (IPT) relate to public policy? Should theorists aspire for their work to be policy- relevant and, if so, in what sense? When can we legitimately criticize a theory for failing to be relevant to practice? To develop a response to these questions, I will consider two issues: (1) the extent to which international political theorists should be concerned that the norms they articulate are precise enough to entail clear practical advice under different empirical circumstances; (2) (...) whether they should provide concrete practical advice on policy choice and institutional reform. These questions are related but distinct, and we should answer each quite differently. Regarding the first, I shall argue that it counts heavily against a theory if it is not precise enough to guide policy and reform given certain empirical assumptions. On the second, I will argue that theorists should be very cautious when engaging with questions of policy and institutional design. Some principles of IPT can be criticized for being insufficiently precise, but a degree of abstraction from concrete policy recommendations is a virtue, rather than a vice, of an element of IPT. I conclude that we should aim to be precise without being concrete. To help fix ideas and anchor my argument, I will discuss these issues with reference to a principle that John Rawls has advocated in his influential work The Law of Peoples (Rawls 1999a): a duty of assistance to societies that lack the capacity to satisfy the basic needs or protect the basic rights of their people. (shrink)

This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.

Consequentialism is often criticised as being overly demanding, and this overdemandingness is seen as sufficient to reject it as a moral theory. This paper takes the plausibility and coherence of this objection – the Demandingness Objection – as a given. Our question, therefore, is how to respond to the Objection. We put forward a response that we think has not received sufficient attention in the literature: institutional consequentialism. On this view institutions take over the consequentialist burden, whereas individuals, special occasions (...) aside, are required to set up and maintain institutions. We first introduce the Objection, then explain the theory of institutional consequentialism and how it responds to the Objection. In the remainder of the paper, we defend the view against potential challenges. (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)

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 this introduction, I first present the general problematic of the special section. Our world faces several existential challenges war, and global injustice) and some would argue that the only adequate answer to these challenges is setting up a world government. I then introduce the contributions that comprise the scholarly body of the special section: Andrić on global democracy; Hahn on global political reconciliation; Pinheiro Walla on Kant and world government; Miklós & Tanyi on institutional consequentialism and world governance. Lastly, (...) I briefly describe the practical context in which the idea of the special section has arisen and in which the present contributions have taken shape. (shrink)

The modern literature on responding to global poverty is over fifty years old and has attracted the attention of some of the most prominent analytical political theorists of the age, including Brian Barry, Charles Beitz, Simon Caney, Thomas Pogge, John Rawls, and Peter Singer. Yet in spite of this extraordinary concentration of brainpower, the problem of global poverty has quite clearly not been solved or, indeed, adequately defined. We are therefore entitled to ask two questions of any new contribution to (...) this literature: first, what does it have to offer that past work does not; and second, what reason is there to think that, this time, it will truly make a difference. These questions will be posed below, but before undertaking this task it may be useful to offer an overview of the field, with particular attention to why the problem of global poverty seems so intractable. (shrink)

Elsewhere we have responded to the so-called demandingness objection to consequentialism – that consequentialism is excessively demanding and is therefore unacceptable as a moral theory – by introducing the theoretical position we call institutional consequentialism. This is a consequentialist view that, however, requires institutional systems, and not individuals, to follow the consequentialist principle. In this paper, we first introduce and explain the theory of institutional consequentialism and the main reasons that support it. In the remainder of the paper, we turn (...) to the global dimension where the first and foremost challenge is to explain how institutional consequentialism can deal with unsolved global problems such as poverty, war and climate change. In response, following the general idea of institutional consequentialism, we draw up three alternative routes: relying on existing national, transnational and supranational institutions; promoting gradual institutional reform; and advocating radical changes to the status quo. We evaluate these routes by describing normatively relevant properties of the existing global institutional system, as well as by showing what institutional consequentialism can say about alternatives to it: a world government; and multi-layered sovereignty/neo-medieval system. (shrink)

When governments create refugee policies they consider several factors. There are reasons why admitting refugees could have negative consequences. On the other hand, if the recipient societies have ideals that stress the importance of helping other people, they should act according to their values. The aim of this article is to examine the concept of human dignity and show that European states should admit and help refugees because it is in accordance with their ethical values and the international agreements they (...) have signed. This is important because when European countries hesitate to help refugees, they act not only contrary to their humane tradition, but they can harm them. The western concept of human dignity is one of the main values that stresses that each person is important—that they are equal and free. (shrink)

The core idea of this paper is that we can use the differences between democratic and undemocratic governments to illuminate ethical problems, particularly in the area of political philosophy. Democratic values, rights and institutions lie between the most abstract considerations of ethics and meta-ethics and the most particularised decisions, outcomes and contexts. Hence, this paper argues, we can use the differences between democratic and undemocratic governments, as we best understand them, to structure our theoretical investigations, to test and organise our (...) intuitions and ideas, and to explain and justify our philosophical conclusions in ways analogous to the distinction between consequentialist and deontological theories in moral philosophy, or between liberal and republican principles in political philosophy. In this way – or so I will argue – we can interpret and evaluate competing philosophical claims so that they are morally and politically attractive, as well as logically consistent. Specifically, as we will see, a democracy-centred approach to ethics can help us to distinguish liberal and democratic approaches to political morality in ways that reflect the varieties of democratic theory, and the importance of distinguishing democratic from undemocratic forms of liberalism. (shrink)

It is common practice in intergenerational justice to set fixed thresholds determining what qualifies as justice. Static definitions of how much and what to save for future generations, however, overestimate human epistemological limits and predictive capacity in regard to uncertainty in social- and ecosystems. Long-term predictions cannot account for the inherent range of contingent variables at play, especially according to contemporary theories of punctuated equilibrium. It is argued that policies deliberately testing ecological limits as currently conceived must be excluded from (...) political calculations to minimize current actions from foreclosing future life quality and options. To better reduce harms to present and future generations and support the stability of just institutions (and the stable environments they depend on) as Rawls and others demand, polities can overcompensate resource allocation to environmental sustainability. Focus on reducing environmental harms benefits both current and future generations, reconciling distributive versus intergenerational justice trade-offs. (shrink)

Does the kind of socialist ideal articulated by G. A. Cohen in Why Not Socialism? add anything substantial to the Rawlsian conception of justice? Is it an ideal that Rawlsians should want to take on board, or is it ultimately foreign to their outlook? I defend a mixed answer to these questions. On the one hand, we shouldn’t underestimate the extent to which Rawls's theory already addresses the concerns that motivate Cohen’s appeal to the socialist ideal. Within the bounds of (...) a society living up to Rawls’s two principles of justice, I maintain, there would be little room left for an ideal of social relations to do any independent work. On the other hand, Cohen’s ideal may still have an important role to play within Rawlsian theory – not within the confines of a given society but on the international stage, beyond the liberal state as we know it. This asymmetry between the domestic and the international case stems from the fact that Rawls's principles of justice apply in full strength only at the domestic l... (shrink)

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

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

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)

In the last fifteen years or so, political philosophers have been increasingly busy nurturing their latest darling, global justice (hereinafter GJ). There are many reasons why justice, the centrepiece of much political theorising since the 1970s, has spilled beyond the confines of the (nation-)state – from certain inherent features of prominent philosophical accounts of justice to the seemingly morally arbitrary nature of state borders to the perceived or assumed effects of globalisation. In any case, the previously rather scattered reflections on (...) the global dimension on justice-related topics have now moulded into a respected academic enterprise, generating a vast body of mutually interconnected research. Under the broad umbrella of GJ, a wealth of specific problems and/or issue areas have surfaced; for the purposes of the present essay, it is useful to note that the primarily normative discussion about justice in the transnational realm (i.e. what is right/wrong and what should be done about it) extends to questions of methodological, epistemological as well as ontological kind which are of wider interest to political philosophy as such. One reason for such a broadened perspective is that two of the three titles (Brooks and Brock) appeared in print four and five years ago, respectively, and Brock’s and Ypi’s volumes have already received wide critical attention from within the field. It makes therefore sense to step back and evaluate the respective contributions with the benefit of hindsight, and also perhaps more critically than has been the case with the majority of heretofore published reactions. This is facilitated by the different approaches employed in the respective books, stemming in one case (Brooks) from its genre, and from different authorial aims and modes of explication in the other two cases. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (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)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...) Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

The London suicide bombings of July 7, 2005 were partly the revolt of moral earnestness against a liberal society that, enchanted by the fantasy of rationalist anthropology, surrenders its passionate members to a degrading consumerism. The “humane” liberalism variously espoused by Jürgen Habermas, John Rawls, and Jeffrey Stout offers a dignifying alternative; but it is fragile, and each of its proponents looks for allies among certain kinds of religious believer. Stanley Hauerwas, however, counsels Christians against cooperation. On the one hand, (...) he is right to resist, insofar as liberalism illiberally excludes theology from public discourse. On the other hand, not all humane liberalism does this: Stout's, for example, is genuinely polyglot, requiring not a common secularist language but a common ethic of communicating. Such a liberal ethic and its attendant anthropology merit the support of Christians: there may be more to be said about the Kingdom of God than respect, tolerance, and fairness, but there will not be less. The Christian has good theological reasons to expect some concord with other inhabitants of secular space. Ethical distinctiveness is no measure of theological integrity; and neither theology (pace Barth) nor biblical narrative (pace Richard Hays) should be expected to do all of the ethical running. If Christians are to be thorough in their moral theology and intelligible in their public statements, then they must borrow non‐theological material, formulate abstract concepts, and engage in casuistical analysis. Nevertheless, if an anxious insistence on distinctiveness is a mistake, concern for theological integrity is not. When the moral theologian borrows ethical material from elsewhere, he should integrate it into a theological vision structured by the Christian salvation‐historical narrative, which will sometimes modify the meaning of what is incorporated. So in affirming humane, polyglot liberalism, the moral theologian will at the same time make salutary qualifications. One of these is the assertion of the need of liberal institutions to own and promote their moral and anthropological commitments. In such a confessionally liberal society, universities in general, and the Arts and Humanities in particular, would recover their vocation to form citizens in communicative virtues and to offer them a dignifying, morally serious vision of human being that could save future generations from a degrading consumerism on the one hand and violent over‐reaction on the other. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

The human right to health has been established in international law since 1976. However, philosophers have often regarded human rights doctrine as a marginal contribution to political philosophy, or have attempted to distinguish ‘human rights proper’ from ‘aspirations’, with the human right to health often considered as falling into the latter category. Here the human right to health is defended as an attractive approach to global health, and responses are offered to a series of criticisms concerning its demandingness.

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)

International organizations and bilateral donors often tie financial assistance to the undertaking of political and economic reforms–a practice known as conditionality. In recent years, the use of good governance conditionality has provoked controversy in the academic and policy worlds. So far, the issue of whether conditionality is effective in achieving compliance with good governance norms has occupied center stage in the debate. However, whether it is morally defensible to attach political conditions to financial assistance has largely been taken for granted.This (...) article explores the extent to which it is morally defensible to attach good governance conditions to aid and loans in international society. It argues that the use of conditionality should be limited for two reasons. First, there is an unavoidable tension between conditionality and rights to self-determination. Second, focusing on conditionality can obscure the fact that the rules of the international economy are no less contestable than the governance of individual states, and, in turn, are in just as great a need of reform. This leads to two main conclusions. First, the use of conditionality should now be rooted in a conception of basic rights and complemented by more equitable rules in the global economy. Second, the attempt to make good governance within states an issue of global concern must be accompanied by greater democratization of the international financial institutions. (shrink)

According to what Patten calls the "need-based" view, "we have a very strong and extensive set of duties to come to the assistance of the global poor: duties that are grounded in the neediness of the poor.".

Contrary to Singer's view, Kuper asserts that there is no "royal road" to poverty relief, but intersecting roads that may take us to a place without poverty. Drawing on the works of Rawls and Marx, Kuper examines how an effective political philosophy of this kind might be developed.

In a democratic society, the social rules are imposed by all upon each. As “recipients” of the rules, we tend to think that they should be designed to engender the best attainable distribution of goods and ills or quality of life. We are inclined to assess social institutions by how they affect their participants. But there is another, oft-neglected perspective which the topic of health equity raises with special clarity: As imposers of the rules, we are inclined to think that (...) harms we inflict through the rules have greater moral weight than like harms we merely fail to prevent or to mitigate. What matters morally is not merely how we affect people, but how we treat them through the rules we impose. While current (consequentialist and Rawlsian) theorizing is dominated by the first perspective and thus supports purely recipient-oriented moral conceptions, an adequate approach to social justice requires a balancing of both. Such balancing results in a relational conception of justice, which distinguishes various ways in which an institutional scheme may causally affect the quality of life of its participants.This essay argues that the strength of our moral reason to prevent or mitigate particular medical conditions depends not only on what one might call distributional factors, such as how badly off the people affected by these conditions are in absolute and relative terms, how costly prevention or treatment would be, and how much patients would benefit from given treatment. Rather, it depends also on relational factors, that is, on how we are related to the medical conditions they suffer. It then discusses some implications of this view for understanding responsibilities for international health outcomes. (shrink)

In recent years, there has been a proliferation of studies of international justice. This book is a valuable contribution to that trend. Tan presents his theory as a rival to Rawls’s “law of peoples”. He argues that his critique of Rawls’s work on international justice points to deep flaws in Rawls’s general account of justice and not merely to a mistaken application in a particular area. Specifically, Tan claims that the core fault of the law of peoples is its neglect (...) of individual liberty and that this neglect “stems ultimately from political liberalism’s mistaken stress on toleration as the fundamental liberal principle”. Tan argues that comprehensive liberalism is superior to political liberalism because it takes “individual autonomy to be fundamental”. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (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)

The urgent importance of dealing with the climate crisis has led some influential theorists to argue that at least some demands for justice must give way to pragmatic and strategic considerations. These theorists (Cass Sunstein, Eric Posner, and David Weisbach, all academic lawyers, and John Broome, an academic philosopher) contend that the failures of international negotiations and other efforts to change economic policies and practices have shown that moral exhortations are worse than ineffective. Although Broome's position is similar in these (...) respects to that of Sunstein, Posner and Weisbach, it differs in other important respects, including his understanding of the idea of justice, his disagreement with the policy approach (which he calls "efficiency with sacrifice") favored by the economists Nicholas Stern and William Nordhaus, and his proposal for establishing a new international financial institution, a World Climate Bank, in addition to putting a price on carbon. Elsewhere I offer a critical analysis of the position taken by Posner and Weisbach in their book, Climate Change Justice. Their arguments against allowing principles of distributive justice (narrowly understood) to constrain treaty negotiations fail to rule out the principles of John Rawls' Law of Peoples (which is a conception of the moral basis of a just international order, including states' obligations to secure basic human rights for all). Therefore their arguments against shaping climate treaties to reflect any principles of justice do not succeed in supporting their position. Here I offer a critical analysis of Broome's position. I raise and discuss objections to Broome's proposal for a WCB, and I argue that the continued relevance of these objections is contingent on how the proposal for a WCB may get developed. (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)

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 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 (Platonic) 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)

It is often assumed that people of faith should not endorse a law for religious reasons, since such an endorsement is considered to be disrespectful. Such a position is increasingly opposed by scholars who argue that such demands unjustifiably force people of faith to compromise their religious ideals. In order to defend their opposition to such demands, some scholars have invoked thought experiments as reductio arguments against the claim that endorsing laws dependent on religious reasons is necessarily disrespectful. I argue (...) that these attempts have failed, and present an alternative thought experiment that demonstrates that such a law is not necessarily disrespectful. Because I conclude that previously proposed principles cannot defend this conclusion, I defend an alternative way of accommodating this intuition; a post-secular deliberative approach based on the principle of double effect. (shrink)

Because of accelerating technological progress, humankind may be rapidly approaching a critical phase in its career. In addition to well-known threats such as nuclear holocaust, the propects of radically transforming technologies like nanotech systems and machine intelligence present us with unprecedented opportunities and risks. Our future, and whether we will have a future at all, may well be determined by how we deal with these challenges. In the case of radically transforming technologies, a better understanding of the transition dynamics from (...) a human to a "posthuman" society is needed. Of particular importance is to know where the pitfalls are: the ways in which things could go terminally wrong. While we have had long exposure to various personal, local, and endurable global hazards, this paper analyzes a recently emerging category: that of existential risks. These are threats that could case our extinction or destroy the potential of Earth - originating intelligent life. Some of these threats are relatively well known while others, including some of the gravest, have gone almost unrecognized. Existential risks have a cluster of features that make ordinary risk management ineffective. A final section of this paper discusses several ethical and policy implications. A clearer understanding of the threat picture will enable us to formulate better strategies. (shrink)