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The Law of Peoples

Philosophical Quarterly 51 (203):246-253 (2001)

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  1. Principles of Public Reason in the UNFCCC: Rethinking the Equity Framework.Idil Boran - 2017 - Science and Engineering Ethics 23 (5):1253-1271.
    Since 2011, the focus of international negotiations under the UNFCCC has been on producing a new climate agreement to be adopted in 2015. This phase of negotiations is known as the Durban Platform for Enhanced Action. The goal has been to update the global effort on climate for long-term cooperation. In this period, various changes have been contemplated on the design of the architecture of the global climate effort. Whereas previously, the negotiation process consisted of setting mandated targets exclusively for (...)
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  • Race, ideology, and ideal theory.James Boettcher - 2009 - Metaphilosophy 40 (2):237-259.
    Abstract: Philosophers who have addressed the problems of enduring racial injustice have been suspicious of the role played by ideal theory in ethics and political philosophy generally, and in contemporary liberal political philosophy in particular. The theoretical marginalization of race in the work of Rawls has led some to charge that ideal theory is at the very least unhelpful in understanding one of the most significant forms of contemporary injustice, and is at worst ideological in the pejorative sense. To explore (...)
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  • Just open borders? Examining Joseph Carens' open borders argument in the light of a case study of recent somali migrants to the uk.T. Bloom - 2009 - Journal of Global Ethics 5 (3):231 – 243.
    This essay examines Joseph Carens' open borders argument in the light of a case study of recent Somali migrants to the UK. It argues that, although arguments for significantly more open borders are compelling, they must take into account existing domestic injustice in receiving states as well as existing global injustice.
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  • Global Common Resources and the Just Distribution of Emission Shares.Megan Blomfield - 2012 - Journal of Political Philosophy 21 (3):283-304.
    A currently popular proposal for fairly distributing emission quotas is the equal shares view, which holds that that emission quotas should be distributed to all human beings globally on an equal per capita basis. In this paper I aim to show that a number of arguments in favour of equal shares are based on a misleading analysis of climate change as a global commons problem. I argue that a correct understanding of the way in which climate change results from the (...)
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  • On emergencies and emigration: how (not) to justify compulsory medical service.Michael Blake - 2017 - Journal of Medical Ethics 43 (8):566-567.
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  • Distributive Justice, State Coercion, and Autonomy.Michael Blake - 2001 - Philosophy and Public Affairs 30 (3):257-296.
    Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.
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  • Editorial introduction: where is business ethics?Armin Beverungen & Peter Case - 2011 - Business Ethics, the Environment and Responsibility 20 (3):229-232.
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  • On the Right to Justification and Discursive Respect.Thomas M. Besch - 2015 - Dialogue 54 (4):703-726.
    Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...)
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  • The Rights of States, the Rule of Law, and Coercion: Reflections on Pauline Kleingeld's Kant and Cosmopolitanism.Alyssa R. Bernstein - 2014 - Kantian Review 19 (2):233-249.
    Pauline Kleingeld argues that according to Kant it would be wrong to coerce a state into an international federation, due to the wrongness of paternalism. Although I agree that Kant opposes the waging of war as a means to peace, I disagree with Kleingeld's account of the reasons why he would oppose coercing a state into a federation. Since she does not address the broader question of the permissibility of interstate coercion, she does not properly address the narrower question of (...)
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  • No Justice in Climate Policy? Broome versus Posner, Weisbach, and Gardiner.Alyssa R. Bernstein - 2016 - Midwest Studies in Philosophy 40 (1):172-188.
    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 (...)
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  • Justice for People on the Move, by Gillian Brock.Christopher Bertram - 2021 - Mind 132 (528):1167-1175.
    Philosophical argument about migration justice, as with any such argument about applied policy, faces difficult methodological choices. On the one hand we can s.
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  • Incomplete Ideal Theory.Amy Berg - 2019 - Social Theory and Practice 45 (4):501-524.
    What is the best way to make sustained societal progress over time? Non-ideal theory done on its own faces the problem of second best, but ideal theory seems unable to cope with disagreement about how to make progress. If ideal theory gives up its claims to completeness, then we can use the method of incompletely theorized agreements to make progress over time.
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  • Is Global Poverty a Philosophical Problem?Sylvia Berryman - 2019 - Metaphilosophy 50 (4):405-420.
    Peter Singer’s groundbreaking call to action in 1972, “Famine, Affluence, and Morality,” drew philosophical attention to the topic of famine and the associated suffering or preventable death of many throughout the world. Yet despite the volume of philosophical work Singer’s paper inspired, it would still be easy to suppose that global poverty is not a problem for philosophers to take seriously in itself but is rather a particularly stark illustration or instance of a more general problem, whether in ethics or (...)
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  • Do Rawls's theories of justice fit together? A reply to Pogge.Jeffrey Bercuson - 2012 - Journal of Global Ethics 8 (2-3):251-267.
    In my reply to Pogge's critique of Rawls's international relations theory, I will try to show two things: (1) that Pogge's account of the public criterion of domestic social justice endorsed by Rawls is a partial one and (2) that this leads him to wrongly postulate a significant asymmetry between Rawls's domestic and international theories of justice. In the end, I hope to show that the domestic and international accounts are characterized by a significant degree of symmetry ? that both (...)
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  • Competing methods of territorial control, migration and justice.Christopher Bertram - 2014 - Critical Review of International Social and Political Philosophy 17 (1):129-143.
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  • Climate Change and Justice: A Non-Welfarist Treaty Negotiation Framework.Alyssa R. Bernstein - 2015 - Ethics, Policy and Environment 18 (2):123-145.
    Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...)
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  • Bright Lines in Juvenile Justice.Amy Berg - 2021 - Journal of Political Philosophy 29 (3):330-352.
    Journal of Political Philosophy, EarlyView.
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  • The Rights of Others: Aliens, Residents, and Citizens.Amy Allen - 2007 - Hypatia 22 (2):200-204.
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  • The End of the 1951 Refugee Convention? Dilemmas of Sovereignty, Territoriality, and Human Rights.Seyla Benhabib - 2020 - Jus Cogens 2 (1):75-100.
    The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...)
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  • Liberal democracy and political Islam: The search for common ground.Mostapha Benhenda - 2011 - Politics, Philosophy and Economics 10 (1):88-115.
    We seek to establish a dialogue between democratic and Islamic normative political theories. To that aim, we show that the conception of democracy underlying a prominent Islamic political model is procedural. We distinguish proceduralism from a liberal conception of democracy. Then, we explain how bringing together Islamic political theory and democracy alters the meaning of the latter. In other words, we show that democracy within Islam often means democracy within Islamic limits.
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  • Care ethics and dependence— rethinking jus post bellum.Sigal Ben-Porath - 2008 - Hypatia 23 (2):pp. 61-71.
    In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.
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  • Care Ethics and Dependence— Rethinking Jus Post Bellum.Sigal Ben-Porath - 2008 - Hypatia 23 (2):61-71.
    In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.
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  • Care Ethics and Dependence—Rethinking Jus Post Bellum.Sigal Ben-Porath - 2008 - Hypatia 23 (2):61-71.
    In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.
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  • The Interdependence of Domestic and Global Justice.Valentin Beck - 2019 - Yearbook for Eastern and Western Philosophy 2019 (4):75-90.
    This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...)
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  • Does the Free Group Agency Account of Legitimacy Require Democracy?Palle Bech-Pedersen & Finn Haberkost - 2024 - Moral Philosophy and Politics 11 (1):51-61.
    In this critical comment, we argue that nondemocratic, but decent regimes fail to constitute legitimate governance under Applbaum’s free group agency account. To make this case, we first introduce the three principles of liberty, equality and agency that Applbaum takes to flow directly from his free agency conception of legitimacy. Against this backdrop, we discuss Applbaum’s claim that a nondemocratic regime along the lines of a Rawlsian decent consultation hierarchy could meet the threshold of legitimacy. Contrary to this suggestion, we (...)
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  • ‘Only in the Leap from the Lion's Head Will He Prove His Worth’: Natural Law and International Relations.Amanda Russell Beattie - 2013 - Journal of International Political Theory 9 (1):22-42.
    This article argues the benefits of including a theological interpretation of natural law morality within the normative discourses of international politics. It challenges the assumption of a Grotian secular natural law arguing that practical reason, in a Thomist interpretation, is better suited to the demands of international political theory. It engages with themes of agency, practical reason, and community in order to enhance the content of the post-territorial community evidenced in ethical cosmopolitan debates. Likewise, it envisions simultaneously enhancing a rapprochement (...)
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  • Conceptualising Ethical Issues in the Conduct of Research: Results from a Critical and Systematic Literature Review.Élie Beauchemin, Louis Pierre Côté, Marie-Josée Drolet & Bryn Williams-Jones - 2022 - Journal of Academic Ethics 20 (3):335-358.
    This article concerns the ways in which authors from various fields conceptualise the ethical issues arising in the conduct of research. We reviewed critically and systematically the literature concerning the ethics of conducting research in order to engage in a reflection about the vocabulary and conceptual categories used in the publications reviewed. To understand better how the ethical issues involved in conducting research are conceptualised in the publications reviewed, we 1) established an inventory of the conceptualisations reviewed, and 2) we (...)
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  • Just and Unjust Proliferation.Gary J. Bass - 2020 - Ethics 130 (3):349-383.
    Political theorists had vigorous debates about nuclear weapons in the 1980s but have been largely silent about them recently. This article seeks to reopen those discussions. It evaluates the main justifications for nuclear proliferation since 1945: arguments from consistency, nationalism, democratic legitimacy, self-defense, peaceful effects, and supreme emergency. Most of these arguments are badly flawed, as are the arguments for retaining the nuclear arsenals of many of the established nuclear powers. Instead, this article proposes a first cut at a stringent (...)
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  • What Is Special About Human Rights?Christian Barry & Nicholas Southwood - 2011 - Ethics and International Affairs 25 (3):369-83.
    Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we call (...)
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  • The Opposition of Politics and War.Bat-Ami Bar On - 2008 - Hypatia 23 (2):141-154.
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  • The Opposition of Politics and War.Bat-ami Bar On - 2008 - Hypatia 23 (2):141-154.
    At stake for this essay is the distinction between politics and war and the extent to which politics can survive war. Gender analysis reveals how high these stakes are by revealing the complexity of militarism. It also reveals the impossibility of gender identity as foundation for a more robust politics with respect to war. Instead, a non-ideal normative differentiation among kinds of violence is affirmed as that which politically cannot not be wanted.
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  • Reconsidering a Human Right to Democracy.Christian Barry - 2020 - Journal of Global Ethics 16 (3):305-315.
    In this brief article, I will raise some challenges to each of Pablo Gilabert’s arguments for a human right to democracy (HRD). First, I will question whether the instrumental case for affirming a HRD is as strong as Gilabert and others have suggested. I will then call into question the argument from moral risk, arguing that, for any particular country, we should not operate with a strong presumption that they should pursue further democratization as a high-priority goal. Finally, I will (...)
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  • Human rights and bioethics.Y. M. Barilan & M. Brusa - 2008 - Journal of Medical Ethics 34 (5):379-383.
    In the first part of this article we survey the concept of human rights from a philosophical perspective and especially in relation to the “right to healthcare”. It is argued that regardless of meta-ethical debates on the nature of rights, the ethos and language of moral deliberation associated with human rights is indispensable to any ethics that places the victim and the sufferer in its centre. In the second part we discuss the rise of the “right to privacy”, particularly in (...)
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  • Deviating from the ideal.Jacob Barrett - 2022 - Philosophy and Phenomenological Research 107 (1):31-52.
    Ideal theorists aim to describe the ideally just society. Problem solvers aim to identify concrete changes to actual societies that would make them more just. The relation between these two sorts of theorizing is highly contested. According to the benchmark view, ideal theory is prior to problem solving because a conception of the ideally just society serves as an indispensable benchmark for evaluating societies in terms of how far they deviate from it. In this paper, I clarify the benchmark view, (...)
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  • Self-Determination and Resource Rights: In Defence of Territorial Jurisdiction Over Natural Resources.Ayelet Banai - 2016 - Res Publica 22 (1):9-20.
    Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...)
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  • Realising International Justice: To Constrain or to Counter-Incentivise?Douglas Bamford - 2014 - Moral Philosophy and Politics 1 (1):127-146.
    This paper presents a rival proposal to that presented by Dietsch and Rixen to ensure international background justice. It explains the notion of background justice and how this is challenged by the lack of international co-operation on taxation policy. It then presents the principles which Dietsch and Rixen propose in order to respond to this concern: the principle of membership and the principle of constraint. The paper proposes alternative principles of relationship and counter-incentive, which are argued to be superior means (...)
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  • Political liberalism for post-Islamist, Muslim-majority societies.Meysam Badamchi - 2015 - Philosophy and Social Criticism 41 (7):679-696.
    This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of justification, (...)
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  • Minimal Semantics.Kent Bach - 2007 - Philosophical Review 116 (2):303-306.
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  • Human Rights and Toleration in Rawls.Mitch Avila - 2011 - Human Rights Review 12 (1):1-14.
    In a Society of Peoples as Rawls conceives it, human rights function as “criteria for toleration.” This paper defends the conception of human rights that appears in Rawls’ The Law of Peoples as normatively and theoretically adequate. I claim that human rights function as criteria for determining whether or not a given society or legal system can be tolerated. As such, “human rights” are not themselves basic facts or judgments or ascriptions, but rather the means by which we collectively attempt (...)
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  • The Problem of State Territorial Obligations.David L. Attanasio - 2020 - The Journal of Ethics 24 (4):427-448.
    This article argues, first, that there is an unappreciated and difficult problem of explaining why states have positive obligations to perform certain actions—such as providing minimum protection—for all those persons in their territories and, second, that one possible solution is to locate the source of the obligations in the political power that states assume over their territories. The article analyzes the principal, superficially plausible accounts of state territorial obligations and shows that they each fail. Among the reasons for the failure (...)
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  • Reconceptualizing human rights.Marcus Arvan - 2012 - Journal of Global Ethics 8 (1):91-105.
    This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...)
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  • In Defense of Discretionary Association Theories of Political Legitimacy: Reply to Buchanan.Marcus Arvan - 2009 - Journal of Ethics and Social Philosophy (2):1-6.
    Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a state’s ability (...)
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  • Taking rights less seriously: Postmodernism and human rights.Zühtü Arslan - 1999 - Res Publica 5 (2):195-215.
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  • Shari’a and legal pluralism in the West.Berna Zengin Arslan & Bryan S. Turner - 2011 - European Journal of Social Theory 14 (2):139-159.
    Since 9/11, the possibilities for pluralism and tolerance have been severely tested by a discourse of terrorism and security. The development of an intelligent and cosmopolitan understanding between religious communities in Europe and America has been compromised by a range of legal and political responses to terrorism. While the debate about the berqa has clearly indicated the problems relating to Muslim cultural differences, we argue that legal pluralism and in particular the question of Shari’a tribunals may prove to be a (...)
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  • Putting Liberty in its Place: Rawlsian Liberalism without the Liberalism.Samuel Arnold - 2018 - European Journal of Philosophy 26 (1):213-237.
    To be a liberal is, among other things, to grant basic liberties some degree of priority over other aspects of justice. But why do basic liberties warrant this special treatment? For Rawls, the answer has to do with the allegedly special connection between these freedoms and the ‘two moral powers’ of reasonableness and rationality. Basic freedoms are said to be preconditions for the development and exercise of these powers and are held to warrant priority over other justice-relevant values for that (...)
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  • Global Justice and International Business.Denis G. Arnold - 2013 - Business Ethics Quarterly 23 (1):125-143.
    ABSTRACT:Little theoretical attention has been paid to the question of what obligations corporations and other business enterprises have to the four billion people living at the base of the global economic pyramid. This article makes several theoretical contributions to this topic. First, it is argued that corporations are properly understood as agents of global justice. Second, the legitimacy of global governance institutions and the legitimacy of corporations and other business enterprises are distinguished. Third, it is argued that a deliberative democracy (...)
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  • Domestic institutions, growth and global justice.Chris Armstrong - 2023 - European Journal of Political Theory 22 (1):4-25.
    According to one prominent theory of development, a country’s wealth is primarily explained by the quality of its institutions. Leaning on that view, several political theorists have defended two normative conclusions. The first is that we have no reason for concern, from the point of view of justice, if some countries have greater natural resource endowments than others. The second is that proposals for redistribution across borders are likely to be superfluous. Advocates of global redistribution have not yet grappled with (...)
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  • Globalization and the Need for Universal Ethics.Karl-Otto Apel - 2000 - European Journal of Social Theory 3 (2):137-155.
    In this article the author tries to give an answer - from the point of view of the transcendental pragmatic foundation of discourse ethics - to the title question, which was raised by the Unesco conferences entitled `Universal Ethics' in Paris (27 March 1997) and Naples (December 1997). The article should be understood as a supplement to the empiristic-comparative responses of S. Bok and H. Küng, and especially to the communitarian approach of M. Walzer, proposed at the first conference. Unlike (...)
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  • Self‐Determination And Sovereignty over Natural Resources.Oliviero Angeli - 2016 - Ratio Juris:290-304.
    This article makes the normative case for a differentiated approach to the sovereignty of states over natural resources. In the first half of the article, drawing on the example of the Yasuní-ITT-Initiative, I will argue that countries commit a moral wrong when they exploit natural resources for their own benefit, but that they have the moral right to do so given the current structure of the international system. In the second half of the article, I address the question of whether (...)
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  • Global Luck Egalitarianism and Border Control.Kim Angell & Robert Huseby - 2019 - Ratio Juris 32 (2):177-192.
    This paper discusses what implications global luck egalitarianism (GLE) has for border control. Some authors suggest that an open‐borders policy follows from GLE. The idea is that various unchosen inequalities inevitably follow from differences in birthplace, such that GLE will always have principled reason to condemn closed borders. Others are skeptical of the assumption that GLE will have liberal implications for border control, because open borders may have other, adverse effects that outweigh the reductions in unjust inequality. Against such skeptics, (...)
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