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, Kant defends a position that cannot be salvaged. The essay is nonetheless important because it helps us understand his philosophy of law and, more specifically, his interpretation of the social contract. Kant considers truthfulness a strict legal duty because it is the necessary condition for the juridical state. As attested by Kants arguments against the death penalty, not even the right to life has such strict unconditional status. Within the juridical state, established by the social contract, the innate right (...) to freedom is transformed into a bundle of merely positive rights, including the right to life. Understanding the reason for the rejection of thus helps us understand the, in a sense, character of Kant’s legal philosophy. In conclusion, some suggestions are made to bring his position closer to our common moral understanding. (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)

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)

While different worries about population size are present in public debates, political philosophers often take population size as given. This paper is an attempt to formulate a Rawlsian liberal egalitarian approach to population size: does it make sense to speak of ‘too few’ or ‘too many’ people from the point of view of justice? It argues that, drawing on key features of liberal egalitarian theory, several clear constraints on demographic developments – to the extent that they are under our control (...) – can be formulated. Based on these claims, we can clarify both the grounds and content of our obligations to future generations. (shrink)

A branch of political philosophy treats human rights as the output of democratic deliberations by a certain kind of polity. This school, represented by theorists like Benhabib and Besson, do not see detailed human rights as constraints on legitimacy but rather as the specification of abstract human rights (such as the "right to have rights") in terms of obligations and the distribution of burdens. This paper argues that the position is untenable as the notion of democratic decision-making depends on sufficiently (...) clear and specified human rights standards and the political respect they guarantee. Furthermore, the form that any democratic deliberation will take must express respect and reasonableness towards both rights recipients and burden-bearers. To do so, a clear sense of human rights must exist as a threshold, as must standards of societal justice and fairness. Human rights must come first, as a background condition of democracy. (shrink)

Political realism is frequently criticised as a theoretical tradition that amounts to little more than a rationalisation of the status quo and an apology for power. This paper responds to this crit...

Political realism is frequently criticised as a theoretical tradition that amounts to little more than a rationalisation of the status quo and an apology for power. This paper responds to this criticism by defending three connected claims. First, it acknowledges the moral seriousness of rationalisation, but argues that the problem is hardly particular to political realists. Second, it argues that classical International Relations realists like EH Carr and Hans Morgenthau have a profound awareness of the corrupting effects of rationalisation and (...) see realism as an antidote to this problem. Third, it proposes that Carr and Morgenthau can help us to recognise the particular ways in which realist arguments may nonetheless rationalise existing power relations and affirm the status quo by default, if not by design. (shrink)

Innocence is a notion that can prove controversial. Claims of innocence typically support not imposing burdens on the innocent when their conduct is relevantly unobjectionable. This paper examines innocence in the context of violent conflict between states or groups. Many thinkers about the morality of such violence want to establish a principle that would protect innocent civilians. Yet the common view in just war theory does not affirm the moral innocence of civilians. Similarly, the common view that soldiers have an (...) equal right to kill does not affirm their equal moral culpability. (shrink)

The concept of the reasonable plays an important role in Rawls's political philosophy, but there has been little systematic investigation of this concept or of the way Rawls employs it. This article distinguishes several different forms of reasonableness and uses them to explore Rawls's political liberalism. The discussion focuses on the idea, found especially in the most recent versions of this theory, of a family of liberal conceptions of justice each of which is regarded by everyone in a polity as (...) reasonable, even if only barely so. The idea of such a family is central to Rawls's notion of reciprocity and the view of political cooperation associated with it. This article questions whether the concept of the reasonable can play the role that Rawls intends. (shrink)

(2010). Human Rights: The Normative Engine of Fairness and Research in Developing Countries. The American Journal of Bioethics: Vol. 10, No. 6, pp. 47-49.

African ethicists have so far not agreed on a single, precise, secular and comprehensive basic norm, an Afro-Grundnorm, which captures the core values of Ubuntu sub-Saharan African cosmopolitanism. This article constructs and proffers the ‘double-dignity’ Grundnorm that partly shares with Western stoic cosmopolitans the view that our common human ontological capacity for autonomy identifies us as members of the human species. This capacity grants our first dignity, inherent dignity. Inherent dignity only grants our universal basic (security and subsistence) rights. Our (...) duties to care of each other derive from the second dignity, acquired dignity. Acquired dignity itself derives from our second ontological capacity, our capacity for communion. Unlike inherent dignity, acquired dignity is neither universal nor automatically present in us. It is earned when we commune with others in fostering harmony as we earn ‘full personhood’. Since fostering harmony starts with nurturing communal identities and solidarities, Ubuntu entails efficiency-model moderate cosmopolitanism which permits prioritizing serving our immediate associates or compatriots not because of their special moral worthiness but because we more efficiently serve humanity at large when we do so. (shrink)

The challenges to designing and implementing ethically and politically meaningful eating policies are many and complex. This article provides a brief overview of Anne Barnhill and Matteo Bonotti’s Healthy Eating Policy and Political Philosophy: A Public Reason Approach while also critically engaging with the place of racial justice, global interconnectedness, and debates over science in thinking about ethics and politics of public health nutrition and policy. I do not aim to burden Barnhill and Bonotti with the responsibility to fully address (...) these issues, but considering the interconnection of these issues and the ever pressing effects of climate change on local and global food systems, we collectively need to turn to these difficult and pressing questions about what a just food system looks like, what concerns are centred, and who is left out. I group these engagements with Barnhill and Bonotti under three headings: racial liberalism, global food system, and contested nutrition science. I conclude with some remarks about locality. (shrink)

In recent work in political philosophy there has been much discussion of two approaches to theorizing about justice that have come to be called ‘ideal theory’ and ‘non-ideal theory’. The distinction was originally articulated by Rawls, who defended his focus on ideal theory in terms of a supposed ‘priority’ of the latter over non-ideal theory. Many critics have rejected this claim of priority and in general have questioned the usefulness of ideal theory. In diagnosing the problem with ideal theory, they (...) have frequently fingered for blame the idealization it involves. In this paper I focus on one particular, much-discussed idealization—full compliance—in order to defend it. Focusing on the assumption, I argue that Rawls’s work is not ideal in the way that it is usually thought to be, is less ideal than is widely recognized, and became less ideal over time. I also argue that critics who in effect claim that it is not realistic enough simply fail to understand Rawls’s central motivation. Finally, I defend the assumption by arguing that there is an important sense in which all theories of justice must assume full compliance. Such an assumption, I argue, is needed if we are to have a plausible basis on which to judge the normative attractiveness of a theory. (shrink)

In a recent article, Gross argues that physicians in decent societies have a civic duty to aid in the torturing of suspected terrorists during emergency conditions. The argument presupposes a communitarian society in which considerations of common good override questions of individual rights, but it is also utilitarian. In the event that there is a ticking bomb and no other alternative available for defusing it, torture must be used, and physicians must play their part. In an earlier article, Jones also (...) argues in favour of physician participation in torture, going so far as to enthusiastically endorse the allocation of research resources as well to ensure that the ability to meet emergency situations is as efficient as scientifically possible. I argue against both these views and defend the absolute prohibition against torture generally, and against any participation by physicians in particular. I show that these arguments are incompatible with liberal or decent societies, and that the institutional requirements for making torture effective would constitute an unacceptable degradation both of medical ethics and practice, as well as of political institutions in general. (shrink)

Human rights are those legal and/or moral rights that all persons have simply as persons. In the current digital age, human rights are increasingly being either fulfilled or violated in the online environment. In this article, I provide a way of conceptualizing the relationships between human rights and information technology. I do so by pointing out a number of misunderstandings of human rights evident in Vinton Cerf's recent argument that there is no human right to the Internet. I claim that (...) Cerf fails to recognize the existence of derived human rights. I argue further that we need to consider what other human rights are necessitated by the digital age. I suggest we need a Declaration of Digital Rights. As a step toward the development of such a declaration, I suggest a framework for thinking through how to ensure the human rights are satisfied in digital contexts. (shrink)

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

Are the rights, duties, and virtues of citizenship grounded exclusively in considerations of justice, or do some or all of them have other sources? This question is addressed by distinguishing three different accounts of the justification of these rights, duties, and virtues, namely, the justice account, the common-good account, and the equal-membership account. The common-good account is rejected on the grounds that it provides an implausible way of understanding what it is to act as a citizen. It is then argued (...) that the justice account and the equal-membership account provide complementary perspectives that differ in terms of the scope of the duties they ground: the latter offers an analysis of the duties that citizens proper (those with an unconditional right of residence and full political rights) owe to each other, whereas the former provides an analysis of the duties that those who are under the jurisdiction of the same state, whether fellow citizens or not, owe to each other. The article concludes by arguing that the distinction between the justice account and the equal-membership account cuts across the traditional one that is drawn between liberal and republican theories of citizenship. (shrink)

:Advocates of cosmopolitan ideals, to the extent that they engage with questions of institutional design, typically imagine replicating or refining existing, nation-state models of governance but on an international scale. This essay argues that cosmopolitan ethics need not go hand in hand with international government, and may be better served by a different approach. I explore the concept of degeneracy as a principle of institutional evaluation and design in international politics. Degeneracy is a characteristic of complex systems in which multiple (...) components of the system offer overlapping functions, and is a key component in the robustness of such systems. Non-degenerate systems, by contrast, exhibit fragility in the face of adverse conditions. When applied to systems of governance, degeneracy commends polycentricity and allows for some evaluation of the robustness of different mechanisms and forms of polycentric governance. Cosmopolitan ideals are better served by providing alternatives to existing forms of governance than by building on them. I consider some concrete policy applications of this idea, focusing on immigration and intellectual property. (shrink)

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – (...) Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders. (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)

Williams’s well-known critique of the ‘moralism’ of liberal political philosophy—its disconnect from political reality—holds special significance for the theory and practice of constitutional adjudication, where calls for ‘realism’ increasingly resound. Is constitutional discourse also guilty of moralism—as Williams himself thought—or might it succeed where political philosophy has failed? This paper reconstructs Williams’s critique of political moralism as one that decries the empty idealism of the philosophical project of abstraction: the quest for general, timeless, and universal principles drains theory of its (...) prescriptive force. It then argues that legal-constitutional reasoning, even in its most ambitious ‘forum of principle’ conception, is not a flight to abstraction but precisely a pragmatist negotiation of the concreteness-abstraction tension through acts of justification. But constitutional discourse in its current form remains moralistic in another distinct sense: it idealizes the political, thereby failing to account for the social and political pressures on courts and the proper normative significance of institutional considerations. Constitutional discourse could only offer a solution to the ailments of political philosophy if it cures its own chronic idealization. (shrink)

This paper explores how moderate communitarianism could bring about a greater sense of political morality in the practice of democracy in contemporary Africa. Moderate communitarianism is a thesis traceable to Kwame Gyekye, the Akan philosopher. This thesis is a moderation of the infl uence of the community in the Akan, an African social structure. In ensuring good political morality in the Akan, and therefore the African community, Gyekye proposes moral revolution over the enforcement of the law. I perform two main (...) tasks in this article: I reinforce the view that in a democratic framework, moderate communitarianism offers lessons on political morality, and I challenge the notion that moral revolution has greater prospects for bringing about political morality than law enforcement. (shrink)

In this article I rethink Rawls' conception of international economic justice, with a particular focus on international trade. I ground my normative argument on a different interpretation of the concepts of basic structure and of basic institution. I use the contemporary international trading system to illustrate my normative interpretation. I use the Law of Peoples to discuss the Rawlsian concept of basic structure. I contest Samuel Freeman's interpretation of this concept as one that pertains exclusively to the domestic realm. As (...) a reply, I work out an interpretation of basic institutions valid for both the national and international context. I base my understanding on the impact and the form of membership that characterize basic institutions. Both properties are compatible with an extension of the concept of a basic institution to the international domain. I then show how the World Trade Organization (WTO) system can be compared to a domestic basic institution. I analyse the decisional setting that surrounds the choice of joining the WTO. I conclude that no real alternative exists. Hence, WTO membership is not to be considered a completely free policy choice. I also state that the new system is witnessing a strong expansion of the areas subject to trade governance. Such expansion is responsible for the growing impact that international trade has on domestic institutions and hence on people. Finally, I use my analysis of contemporary international trading relations to test Rawls' position in the Law of Peoples. I conclude that although Rawls' principles for fair trade and international cooperation can regulate GATT-style international trade, they are not proficient in assessing the new characteristics of international trade. (shrink)

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. I examine (...) two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private-for-profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private-for-profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice-based account of standard of care. (shrink)

A number of phenomena have lent a new complexity to the long-standing challenge of constructing a legitimate and stable political order. I contend that both legitimacy and integration under contemporary conditions ultimately hinge upon a form of public practical reasoning that departs considerably from the ones proposed by John Rawls, Jürgen Habermas and several deliberative democrats. I argue that the generalizability test that constitutes the cornerstone of most contemporary neo-Kantian theories of public reason should be abandoned as a rule of (...) public argumentation and be replaced by a norm of civic responsiveness towards minority claims. I not only suggest that a wider variety of reasons, motives and genres of speech needs to be admitted within the purview of public reason, but more fundamentally that generalizability cannot cogently be seen as anything more (or less) than a civic virtue. The underlying point of this article is that neo-Kantian theories of public reason work with a problematic conception of practical reason. I conclude by providing reasons, against some radical and agonistic democrats, why the language of public reasoning needs to be retained and renovated. Key Words: acknowledgement • agonistic democracy • deliberative democracy • generalizability • Habermas • pluralism • practical reason • public reason • Rawls • social integration. (shrink)

In this article, I discuss the analysis of the feasibility of global justice developed by Pablo Gilabert in his recent book From Global Poverty to Global Equality: A Philosophical Exploration. Gilabert makes many valuable contributions to this topic and I agree with most of his analysis. However, I identify a distinction between strategic justification and moral justification that Gilabert neglects. I show how this distinction is useful in addressing objections to the feasibility of global justice. I also claim that Gilabert (...) makes some problematic assumptions concerning the way in which global justice is morally demanding. (shrink)

In section I, I identify several mini-theses embedded in Amartya Sen’s theory of human rights – such theses as that human rights are moral, not legal, rights, that nevertheless they are not rights that are awaiting transformation into legal rights, that an expansive doctrine of human rights can incorporate a broad swath of rights without merely mimicking the catalogues in post-Second World War declarations and covenants, and that not all the obligations generated by human rights are ‘perfect’ obligations.In section II, (...) I argue that, both because ‘freedom’ has many interpretations and because not all human freedoms, even when they are life-enhancing, are to be protected as human rights, the distinctive features of Sen’s version of a freedom-emphasizing doctrine would be clearer if the preferred interpretation of ‘freedom’ and the particular human freedoms to be protected were more explicitly identified.While Sen’s doctrine of human rights is a freedom-emphasizing doctrine, its distinctive features – vis-à-vis competing freedom-focused accounts – would be more clearly etched if it were made clearer what the sense is in which it stresses protection of important human freedoms, especially since he concedes that not all freedoms, even when they are life-enhancing for human beings, should be protected as human rights. (shrink)

As the world is getting increasingly connected and interdependent it becomes clear that the world’s most pressing public problems such as poverty or global warming call for cross-sector solutions. The paper discusses the idea of business leaders acting as agents of world benefit, taking an active co-responsibility in generating solutions to problems. It argues that we need responsible global leaders who are aware of the pressing problems in the world, care for the needs of others, aspire to make this world (...) a better place, and act in word and deed as global and responsible citizens. The argument is structured as follows: first, in highlighting some leadership challenges we discuss why it takes a responsible, global, and ultimately cosmopolitan mindset to enhance human values on a global scale. Second, we define more specifically responsible global leadership and the (potential) role of business leaders acting as agents of world benefit. Third, drawing on latest research on cosmopolitanism, we discuss the hallmarks of contemporary cosmopolitanism. Fourth, and concluding our argument, we propose key cosmopolitan business principles to help leaders build a more inclusive world. (shrink)

We live in a time of “cosmopolitan regard,” when there is widespread acknowledgement that every person has moral importance. At the same time, most of us affirm and practice particular regard for our family, friends and compatriots, despite knowing that in our contemporary world, every day, many people, in many places, are treated like nothing. Are cosmopolitan and particular regard fated to be irreconcilable features of our moral lives? Are the grounds for our moral duties to our fellow citizens fundamentally (...) different from, and potentially in conflict with, the grounds of our moral duties to others with whom we share no political association? What is required in the way of political morality by cosmopolitan regard? Does it require symmetry between our particular and universal obligations? Under what conditions may asymmetrical accounts of obligation be justified? Richard Vernon’s book makes an elegant contribution to debates in contemporary political philosophy about the moral basis .. (shrink)

In this paper, I examine to what extent can a more or less uncontroversial list of human rights ground a liberal notion of toleration that would have as its object nonliberal states. Although it is sometimes taken for granted that respect for human rights should draw the limits of toleration, I argue that the Rawlsian argument for it does not fully work. More exactly, I defend the idea that, although he tries to warrant positive toleration for non-liberal peoples, the concept (...) of human rights can provide an argument only for a negative type of toleration. According to his reasoning, positive toleration would require an argument from the 'primacy of peoples', which unfortunately is implausible. Last but not least, I raise the question regarding the grounding of human rights as a vindicating tool for toleration. Here I argue that such an argument is necessary and propose one to the effect that human rights proper can justify toleration in the same way the harm principle does. Since the harm principle can justify non-interference only, the notion of human rights can ground a negative type of toleration. (shrink)

ABSTRACT This paper focuses on poverty and inequality in the world today. First, it points out how this topic is a main concern for the IAB. Second, it proposes ‘new’ theoretical tools in order to analyze global justice and our obligations towards the needy. I present John Rawls's denial that the egalitarian principle can be applied to the global sphere, his proposed weak duty of assistance, and his consideration of endemic poverty as essentially homegrown. In opposition, I focus on Thomas (...) Pogge as representative of a cosmopolitan view who also holds a critical position towards the international systems which allow and cause poverty. I endorse the general normative proposal that defends every human being as an ultimate unit of moral concern, as well as the strategy of moving away from the charity model of bilateral aid to the realm of rights and duties. These ideas should redesign and broaden the normative and practical roles of institutions, and should also help provide a new approach on bioethical issues such as drug patenting or the imbalance in global research and neglected diseases. (shrink)

Intergenerational justice not only requires the adoption of best practices and policies; but also the prevention and repression of deleterious and morally blameworthy human behaviour which have severe impacts on the long-term health; safety and means of survival of groups of individuals. While many international crimes have indirect consequences on the well-being of present and future generations; it cannot be said that existing international criminal law is currently well-placed to directly and clearly protect intergenerational rights. As such; the development of (...) a new type of international crime; crimes against future generations; may be a promising avenue for implementing intergenerational justice. Such a crime would penalise acts or conduct that amount to serious violations of existing international law regarding economic; social and cultural rights or the environment. (shrink)

Many traditional conceptions of ethics use categories and arguments that have been developed under conditions of pre-modern societies and are not useful in the age of globalisation anymore. I argue that we need an economic ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. This conception is then elaborated further in the area of business ethics. It is illustrated in the case for banning child labour.

El artículo sostiene que la teoría liberal está tensionada por una pretensión de universalidad normativa y su implementación institucional en el contexto de los Estados nacionales. Esta tensión se expresa claramente en el caso de la inmigración con la demanda estatal de control discrecional de las fronteras. El artículo desarrolla cuatro argumentos a favor de la relevancia normativa de las fronteras, y sostiene que no son conclusivos. Correspondientemente, desde una perspectiva liberal se dispondría de menos argumentos para justificar el cierre (...) discrecional de las fronteras. (shrink)

In this paper, we provide a state-of-the-art overview of the ethical challenges that arise in the context of antimicrobial resistance, which includes an introduction to the contributions to the symposium in this issue. We begin by discussing why AMR is a distinct ethical issue, and should not be viewed purely as a technical or medical problem. In the second section, we expand on some of these arguments and argue that AMR presents us with a broad range of ethical problems that (...) must be addressed as part of a successful policy response to emerging drug resistance. In the third section, we discuss how some of these ethical challenges should be addressed, and we argue that this requires contributions from citizens, ethicists, policy makers, practitioners and industry. We conclude with an overview of steps that should be taken in moving forward and addressing the ethical problems of AMR. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the "moral (...) dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political particularity and (...) moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

This article presents the promising framework for educational decision makers developed by Brighouse, Ladd, Loeb, and Swift. The framework consists of an account of the educational goods, distributional principles and independent values at stake in education, and a method for making policy decisions on the basis of these and solid social science. I present three criticisms of this approach. The first says that the derivation of educational goods proceeds on the basis of a too narrow conception of values. I suggest (...) that this foundation should consist of an overlapping consensus, rather than flourishing. The second criticism has to do with the way that the distributive principles are characterized. I argue that BLLS’s characterization of distributive principles should be complemented with accounts of what domains of social life these principles regulate and a specification of whether the distributive principles should be understood as applying over time or at specific instances. The final criticism is that BLLS’s conception of independent values focuses solely on values that constrain the pursuit of educational goods. I claim that this part of the framework should be revised to include aspects of values that also support this pursuit. I conclude arguing that the BLLS frameworks should be further developed rather than rejected. (shrink)

Recent debates in just war theory have been concerned with the status of combatants during war. Unfortunately, however, the debate has, up to now, focused on self-defensive wars. The present article changes the focus slightly by exploring the status of combatants during military humanitarian intervention (MHI). It begins by arguing that MHI poses a number of challenges to our thinking about the status of combatants. To solve these it draws on Jeff McMahan's theory of combatant liability. On this basis, the (...) article contends that, first, combatants engaged in atrocities lack the same set of rights and liberties held by intervening combatants. Second, and more controversially, drawing on McMahan's theory as well as the notion of complicity, it suggests that the same applies to those combatants who do not perpetrate atrocities but are merely ordered to defend the target state against the intervening state. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovereign state, the nation-state, or some variant of a cosmopolis both represents the unfolding of history’s moral logic and offers us full moral personhood, agency, and maturity. Despite the received wisdom that modern political thought broke with teleology, I argue that early modern social contract theory was deeply teleological. The emergence of the normatively self-contained sovereign (...) state from the state of nature represented both decisive historical-moral progress from the medieval European non-state polities and the possibility of true moral personhood, thanks to the unity of will and judgment created by a unified authority structure. The article then argues that this overattachment to unity, both as an historical culmination and as a prerequisite to full personhood, was carried over into subsequent nationalist and cosmopolitan thought, where we see over-moralizations of historical processes, excessive claims for the teleological causal force of moral progress, and critiques of the immaturity of those persons who do not live in the recommended political form. The article closes with a sustained critique of both historical and individual-moral teleologies of these sorts. (shrink)

In this article, we offer a rebuttal to a key thesis in Chapter 5 of Engelhardt’s After God: namely, that there exists an “unbridgeable gap” between the dominant secular culture and traditional religious believers. Contra Engelhardt, we argue that it is possible to bridge the gap by employing a strategy that includes, but is not limited to, methods for cultivating understanding and respect and a sense of solidarity. Our argument proceeds in three steps. First, we elucidate Engelhardt’s thesis in light (...) of some of the key concepts he discusses elsewhere in After God. Second, in the hope of developing understanding and respect, we elucidate the history and teachings that form the consciences of traditional Christian medical professionals concerning abortion, euthanasia, and disfiguring surgeries. Third, in the hope of developing a sense of solidarity, we explain the broad scope of the dominant secular culture’s attempt to limit people’s freedom of conscience rights, showing that it includes not only traditional Christians but also members of other traditional religions, members of mainline religious groups, people with alternative conceptions of secularity, and even faithful members of the dominant secular culture. (shrink)

Questions of political identity and citizenship, raised by thecreation of the `new Europe', pose new questions that politicaltheorists need to consider. Reflection upon the circumstances ofthe new Europe could help them in their task of delineatingconceptual structures and investigating the character ofpolitical argument.Does it make sense to use concepts as `citizenship' and`identity' beyond the borders of the nation-state? What does itmean when we speak about `European Citizenship' and `EuropeanIdentity'?