We argue for the existence of a state constitutional legal right to language. Our purpose here is to develop a legal framework for protecting the civil rights of the deaf child, with the ultimate goal of calling for legislation that requires all levels of government to fund programs for deaf children and their families to learn a fully accessible language: a sign language. While our discussion regards the United States, the argument we make is based on human rights and the (...) nature of law itself, and can likely be adapted to any country.We begin with an introduction to the biological facts surrounding language acquisition and how these facts impact the deaf child, where lack of language has devastating effects on individuals and negative effects on society in general. (shrink)

Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is an attempt to understand and theorize human (...) rights on the terrain of the social actors who put them to use, particularly radical activists that have a more critical relationship to human rights. Attempting to avoid the philosophical pathology of demanding that the world reflect our conception of it, we base our reflection on the ambiguous, and potentially un-patterned, texture of human rights practice—taking seriously the idea that human rights express a relationship of power, importantly concerned with its legitimate arrangement and limitation. In both the philosophical literature and human rights activism, there seems to be a consensus on basic rights as undeniable moral principles of political legitimacy. This use of human rights is contrasted with radical social movements that reject this conception of rights as ideological and illegitimate, making specific reference to the Zapatista movement (Chiapas, Mexico) and the Landless Peasant Movement of Brazil (MST, from the Portuguese Movimento dos trabalhadores rurais Sem Terra), which are critical of the human rights discourse, but also make strategic use of the idea and offer alternative articulations of political legitimacy. (shrink)

Derek Parfit has argued that prioritarianism “naturally” has global scope, i.e. naturally applies to everyone, irrespective of his or her particular national, state or other communal affiliation. In that respect, it differs from e.g. egalitarianism. In this article, I critically assess Parfit's argument. In particular, I argue that it is difficult to draw conclusions about the scope of prioritarianism simply from an inspection of its structure. I also make some suggestions as to what it would take to argue that prioritarianism (...) has either global or merely domestic scope. (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)

Michael Oakeshott’s distinction between ‘civil association’ and ‘enterprise association’ has inspired international society theorists to conceive of international society as not just a ‘purposive association’ constructed by states to satisfy their interests but also as a ‘practical association’ providing formal and pragmatic rules that are not instrumental to particular goals of state policy. While this article is supportive of the Oakeshottian turn in international society theory, it suggests that somewhat different conclusions can be drawn from it. The article sketches out (...) an alternative conception of international ‘civil association’, one that transcends the boundaries of communities. It is argued that such a notion of civil association is both possible and at the same time anchored in the experiences of the modern state. It is suggested that this notion of international civil association, when sustained by an adequate legal conception, promotes the enforcement of moral and political responsibility acr... (shrink)

This paper explores the role of deliberation in the context of the capability approach to human well-being from the standpoint of the individual doing the reflecting. The concept of a ‘strong evaluator’ is used develop a concept of the agent of capability. The role of values is discussed in the process of deliberating, particularly the nature of and difference between prudential values and intrinsic values. Some consideration is given to the limits and constraints on deliberation and finally a brief example (...) of deliberation is considered—that of occupational choice. (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)

This paper discusses global reserve currencies from the perspective of structural global justice. Drawing on notions of structural justice and background justice, it suggests that the structures of global finance, by creating positions of privilege and disadvantage, can lead to injustices both with regard to distributive outcomes and with regard to domination. While the role of the dollar and Euro as global reserve currencies are not the only factors that contribute to these structural injustices, they need to be taken into (...) account to fully grasp the dynamics of global finance. They also have an impact on other mechanisms, such as sovereign debt, capital flows, and the governance of international financial institutions. The paper’s arguments support the claim that one cannot conceptualize global justice as justice between independent states. Rather, the global monetary regime constitutes a case of “background injustice” (Ronzoni 2009). (shrink)

This article aims to refute the “incompatibility thesis” that nationalism is incompatible with transnational feminist solidarity, as it fosters exclusionary practices, xenophobia, and racism among feminists with conflicting nationalist aspirations. I examine the plausibility of the incompatibility thesis by focusing on the controversy regarding just reparation for Second World War “comfort women,” which is still unresolved. The Korean Council at the center of this controversy, which advocates for the rights of Korean former comfort women, has been criticized for its strident (...) nationalism and held responsible for the stalemate. Consequently, the case of comfort women has been thought to exemplify the incompatibility thesis. I argue against this common feminist perception in three ways: first, those who subscribe to the incompatibility thesis have misinterpreted facts surrounding the issue; second, the Korean Council's nationalism is a version of “polycentric nationalism,” which avoids the problems of essentialist nationalism at the center of feminist concerns; and, third, transnational feminist solidarity is predicated on the idea of oppressed/marginalized women's epistemic privilege and enjoins that feminists respect oppressed/marginalized women's epistemic privilege. To the extent that oppressed/marginalized women's voices are expressed in nationalist terms, I argue that feminists committed to transnational feminist solidarity must accommodate their nationalism. (shrink)

“Confucian democracy” is considered oxymoronic because Confucianism is viewed as lacking an idea of equality among persons necessary for democracy. Against this widespread opinion, this article argues that Confucianism presupposes a uniquely Confucian idea of equality and that therefore a Confucian conception of democracy distinct from liberal democracy is not only conceptually possible but also morally justifiable. This article engages philosophical traditions of East and West by, first, reconstructing the prevailing position based on Joshua Cohen’s political liberalism; second, articulating a (...) plausible conception of Confucian democracy predicated on Confucian conceptions of persons and political participation from the Mencian tradition; and third, exposing the implausibility of the prevailing position in light of the articulation. (shrink)

ABSTRACTIs Confucian democracy philosophically justifiable? In recent decades, prominent Confucian theorists have answered this question in the negative, arguing that the political system that is c...

National minority women’s defense of nonliberal minority cultures that encompass sexist customs and rules has greatly perplexed liberal theorists. Many attempted to resolve this puzzle by attributing constrained agency to such women and dismissing their defense as unreasonable. This article argues that this liberal assessment of minority women’s position is philosophically indefensible and that the failure of mainstream liberalism to make sense of these women’s response indicates not that these women’s agency is compromised but rather that the liberal conception of (...) agency as autonomy at the heart of the liberal framework has limits in its crosscultural applicability. A conception of agency, valuational agency, that illuminates minority women’s agency is proposed as a more plausible alternative for radically pluralistic societies. -/- . (shrink)

In this paper I look at moral debates about animal disenhancement. In particular, I propose that given the particular social institutions in which such disenhancement will operate, we ought to reject animal disenhancement. I do this by introducing the issue of animal disenhancement and presenting arguments in support of it, and showing that while these arguments are strong, they are unconvincing when we look at the full picture. Viewing animal disenhancement in a context such as high intensity food production, we (...) see that the arguments in support of it fall short of other ethical considerations, leading me to conclude that the moral and pragmatic reasons weigh against animal disenhancement. (shrink)

I examine some of the main philosophical, conceptual and normative issues in Colleen Murphy’s recent book The Conceptual Foundations of Transitional Justice (2017). I am sceptical whether we need yet another theory of justice to fit particular ‘transitional circumstances’, as Murphy argues. Instead, before presenting an alternative normative, ‘moral’ theory, we need to re-examine the very concept of transitional justice. I examine particularly the following. Firstly, what we really mean by ‘transitional justice’ in various contexts; and I argue that transitional (...) justice is not, as Murphy argues, ‘a special kind of justice’ needed during certain periods of political and social change. Transitional justice is rather an escape route from difficult questions of justice that transitional societies must deal with to maintain the delicate balance between justice and peace. Currently, the concept of transitional justice refers most directly to the overarching and expanding ‘toolkit’ of various mechanisms and processes used in post-conflict reconstruction. It is not quite clear how this toolkit fits with current debates on global, international, regional and local justice. Indeed, I would have preferred that Murphy focus on the complex conceptual foundations of transitional justice, rather than build a theory that conceptually and foundationally remains complex and ambiguous. (shrink)

We start from, and expand on, a basic insight in negative dialectic, namely, that our main concern should be with the absolute worst in political life. We then consider how this might have an impact on the way we understand the role and grounds of moral equality. Subsequently, we move on to explain the importance of decency in political morality. Finally, we take a closer look to basic data about global poverty and inequality and what these might tell us in (...) light of our analysis of the foundations of moral equality and its relationship to social cruelty. (shrink)

The purpose of this article is to explore the potential contribution of Axel Honneth's critical theory of recognition to empirical and normative debates on global justice. I first present, very briefly, an overview of recent theories of global distributive justice. I argue that theorists of distributive justice do not pay enough attention to sources of self-respect and conditions for identity formation, and that they are blind toward the danger of harming people's sense of self even by well-intentioned redistributive policies. Honneth's (...) theory suffers from complementary shortcomings; it is anti-technocratic but largely oblivious to the global nature of many contemporary justice claims. Given this situation, I seek to broaden the theory's scope by outlining transnational extensions of the recognition principles of love, rights and solidarity identified by Honneth. In conclusion, I show how utilizing a broadened conceptualization of the struggle for recognition allows us to better understand the changing logic of justice-oriented foreign policies. (shrink)

For over two decades, international environmental equity - the fair and just sharing of the burdens associated with environmental changes - has been the subject of much debate by philosophers, activists and diplomats concerned about climate change. It has been manifested in many international environmental agreements, notably the Framework Convention on Climate Change and the Kyoto Protocol. The question arises as to whether it is being put into practice in this context. Are the requirements of international environmental equity merely words (...) and principles in international instruments, or are they having a practical effect on the policies of state governments? This article aims to start answering these questions. It examines whether the European Union (EU) and its member states are sharing the burdens of climate change. The article introduces equity in the context of the climate change agreements and looks at some normative and practical considerations. It suggests that Europe has been a leader on international equity in the climate change negotiations over the last decade, and it points to what European states and the EU have done to take on some of the burdens of climate change. Europe's actions are briefly assessed from practical and normative perspectives. Europe is doing more than any other part of the world to address climate change and to share the burdens associated with it. Nevertheless, Europe is not doing as much to address this problem as it can and should do. Both practical and normative imperatives demand more urgent action by Europe to implement climate equity. (shrink)

Approaches to global ethics have drawn on a number of diverse theoretical traditions, such as Kantianism and utilitarianism. While emerging frameworks contribute to a growing awareness of and interest in ethics within a global society, the values that they prioritize are not adequate for realizing a just, equitable and fair system of global governance. This article considers the possibilities of an alternative ethic - a feminist ethic of care - and explores how it can bear on present circumstances, including global (...) inequity and injustice. This care ethic has been put forward as a viable normative approach to politics and policy. Little attention, however, has been paid to the potential of a care ethic within the globalization and ethics debate. This article illustrates how the values and corresponding principles of care, grounded in relationships and responsibilities, are essential to responding adequately to the current challenges of globalization. By examining the relevance of care in this context, the article seeks to broaden dominant ethical worldviews and contribute to the articulation of normative tools for examining globalization while at the same time avoiding the trappings of conventional universality - the abstract and a priori thinking typically associated with conceptions of global ethics. (shrink)

ABSTRACTThis article applies the idea of political reconciliation to current debates on the role and legitimacy of global governance. My underlying thesis is that the idea of reconciliation fits better with the non-ideal circumstances of global injustice. To this end, I will first of all develop a three-tiered model of political reconciliation and introduce the related concept of restorative justice. I will then look at some of the most obvious forms of international and global injustice – historical injustice, economic exploitation, (...) and political domination – and argue that a normative theory of political reconciliation provides better proposals for feasible global governance reforms than do theories of corrective, retributive, or distributive justice. Finally, I will make a few comments on the role of political philosophy as a medium of ‘narrative reconciliation’. (shrink)

It is a crucial question whether practicalities should have an impact in developing an applicable theory of human rights—and if, how (far) such constraints can be justified. In the course of the non-ideal turn of today’s political philosophy, any entitlements (and social entitlements in particular) stand under the proviso of practical feasibility. It would, after all, be unreasonable to demand something which is, under the given political and economic circumstances, unachievable. Thus, many theorist—particularly those belonging to the liberal camp—begin to (...) question the very idea of social human rights on grounds of practical infeasibility. This new minimalism about human rights motivates an immanent critique arguing that even if we were to proceed from a liberal framework, we would still wind up with a justification of the full list of social human rights. In the first part of this article, I will present the central positions of the debate presented by Amartya Sen, Maurice Cranston and Pablo Gilabert. Initially arguing that a minimalism of human rights on grounds of practical infeasibility alone proves unjustifiable, however, I shall open up two further perspectives, which allow practical infeasibilities to become normatively determinate. Discussing contributions by James Griffin and Charles Beitz, I will defend the thesis that certain feasibility constraints on (social) human rights can be justified on the condition that they are grounded either in a normative idea of the appropriate implementation of these rights or in reflection of the practical function of a theory of human rights. (shrink)

In A Theory of Justice, John Rawls’s first argument for the inherent stability of a well-ordered society seeks to establish that citizens of such a society would come to share the same or similar senses of justice. In his late work, Rawls significantly revised his second argument for stability, but he repeatedly pronounced himself satisfied with the first. However, the pluralism that so drastically reoriented Rawls’s mature theory also creates destabilizing forces absent in Theory. These destabilizing forces suggest that a (...) shared sense of justice among citizens will be more difficult to achieve. This paper examines Rawl’s late theory in detail to reconstruct how Rawls, despite his stated satisfaction, addressed the destabilizing effects of pluralism through revisions to his first argument for stability. It argues that in his late theory Rawls no longer claims that a well-ordered society could achieve inherent stability. Instead, a more fragile stability is achieved through a disciplined commitment to publ... (shrink)

I examine the main anticosmopolitan Rawslian argument, the ‘basic structure argument.’ It holds that distributive justice only applies to existing basic structures, there are only state basic structures, so distributive justice only applies among compatriots. Proponents of the argument face three challenges: 1) they must explain what type of basic structure relation makes distributive justice relevant only among compatriots, 2) they must explain why distributive justice (as opposed to allocative or retributive) is the relevant regulative concept for basic structures, and (...) 3) they must put forth a plausible concept of distributive justice. I show that Rawlsians support what I will call the ‘division of labor thesis’ to answer the first two challenges. Briefly, the division of labor thesis holds that distributive justice only becomes relevant where members of a division of labor jointly produce some socioeconomic product. To meet the third challenge, Rawlsians seem to accept what Elizabeth Anderson calls the ‘modern systemic concept of distributive justice’ – the idea that distributive justice organizes entire economic systems with respect to their distributive consequences or the relationships they maintain. I argue that if Rawlsians accept the systemic concept, they should reject the anticosmopolitan basic structure argument. (shrink)

To counter possibilities for human rights as cultural imperialism, (1) I develop a notion of human rights as culturally particular and valid only locally. But they are an increasingly generalizable particularism. (2) Because the incommensurability of different cultures does not entail an uncritical tolerance of just about anything, but rather allows for an objectivating stance toward other communities or cultures, locally valid human rights have a critical capacity. (3) Locally valid human rights promote a community's self-representation and thus allow for (...) diversity, rejecting the coercive (mis)representation of a community or culture as incapable of representing itself. (shrink)

At present, the debate on global justice, a debate which is at the core of global ethics, is largely being conducted by European and American scholars from different disciplines without taking into account views and concepts from other regions of the world, particularly, from the Global South. The lack of a truly intercultural, interreligious, and international exchange of ideas provokes doubts whether the concepts of global justice introduced so far are able to transcend regional and cultural horizons. The article introduces (...) concepts of justice from African scholars, whose voices have remained marginal until now, like the Kenyan philosopher Henry Odera Oruka, the Ethiopian philosopher Teodros Kiros, and the debate on ubuntu, one of the most controversial concepts in southern Africa today. These concepts focus on issues that are seldom considered in the debate on global justice, such as the importance of bodily needs as a prerequisite for human beings to act as moral beings and the importance of human rel.. (shrink)

In the age of globalization, and increased interdependence in the world that we face today, there is a question we may have to raise: Do we need and could we attain a world government, capable of insuring the peace and facilitating worldwide well-being in a just and efficient manner? In the twenty chapters of this book, some of the most prominent living philosophers give their consideration to this question in a provocative and engaging way. Their essays are not only of (...) wide theoretical interest but also provide a thought-provoking approach to this most timely and urgent issue. A wide range of perspectives are represented here. -/- The authors include Richard Falk, Michael Walzer, Thomas Pogge, Larry May, Alfred Rubin, Stanley Hoffman, Jan Narveson, Virginia Held, Pauline Kleingeld and Luis Cabrera. Jovan Babic is Professor of Ethics at the University of Belgrade and Visiting Professor at Portland State University. Petar Bojanic is Senior Research Fellow at the Centre for Ethics, Law and Applied Philosophy (CELAP) as well as the Institute of Philosophy and Social Theory (Belgrade). (shrink)

This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of choice, (...) its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in IV.1, in its current form CAHR faces two serious objections by the defenders of the political perspective: the Gap Between Capabilities-Interests and Rights Objection and the Disconnect From Practice Objection. Answering these criticisms requires some amendments to CAHR. Section IV.2 suggests a response to the first objection based on the introduction of a contractualist framework of justification. Sections IV.3 and IV.4 tackle the second objection by introducing a re-characterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with several proposals (...) as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

As conventionally understood, corruption relies on a set of universally agreed rules that determine what constitutes the appropriate allocation of organizational resources. This article explores whether rule-based approaches to corruption are applicable where business organizations, such as public private partnerships, and the public fundamentally disagree about what constitutes an appropriate allocation of resources. Drawing on empirical research about PPPs in Vietnam, this article compares how government, business organizations, and the public conceptualize the transfer of public assets into private ownership. It (...) argues that a public interest approach to corruption is needed where PPPs privatize public assets within the law, but against the express wishes of the public. (shrink)

What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative approach” to the theory of (...) justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)

Global poverty is a huge problem in today's world. This survey article seeks to be a first guide to those who are interested in, but relatively unfamiliar with, the main issues, positions and arguments in the contemporary philosophical discussion of global poverty. The article attempts to give an overview of four distinct and influential normative positions on global poverty. Moreover, it seeks to clarify, and put into perspective, some of the key concepts and issues that take center stage in the (...) philosophical discussion of global poverty. The four positions to be discussed are labeled the Maximalist Position, the Minimalist Position, Intermediate Position I and Intermediate Position II. After an account of these four distinct positions, we turn, in the conclusion, to a discussion of what role empirical sciences such as economics and political science should play in normative considerations about global poverty. (shrink)

When we make public policy choices, is it helpful to know how utopia would look? Amartya Sen argues that it is neither necessary, nor sufficient, nor even contributory. He claims that before making a policy choice one should compare several feasible institutional designs to see which promotes justice most, and that it is misleading to use the perfect design as a standard in those comparisons. Principles of justice are the proper standard. The present article contends that the perfect design has (...) nevertheless an important role to play in the prior task of identifying and refining our principles of justice. It also shows that the perfect design—in at least one sense of this term—may be a legitimate long-term goal for present policy choices. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

Mi meta en este trabajo es proponer un nuevo tipo de argumento en defensa del ideal deliberativo de reciprocidad de justificación —que fue inicialmente introducido por el liberalismo político de John Rawls—. Dicho argumento aspira a demostrar que, aun cuando aceptemos la hipótesis de que un grupo de ciudadanos dispone de una justificación pública apropiada para creer que determinada doctrina comprehensiva es verdadera o correcta, existen razones morales fundamentales para rechazar la pretensión de que el estado pueda estar justificado para (...) actuar sobre la base de esas creencias cuando las esencias constitucionales o cuestiones de justicia básica se encuentran en juego. (shrink)

Bioethicists invoke a duty to rescue in a wide range of cases. Indeed, arguably, there exists an entire medical paradigm whereby vast numbers of medical encounters are treated as rescue cases. The intuitive power of the rescue paradigm is considerable, but much of this power stems from the problematic way that rescue cases are conceptualized—namely, as random, unanticipated, unavoidable, interpersonal events for which context is irrelevant and beneficence is the paramount value. In this article, I critique the basic assumptions of (...) the rescue paradigm, reframe the ethical landscape in which rescue obligations are understood, and defend the necessity and value of a wider social and institutional view. Along the way, I move back and forth between ethical theory and a concrete case where the duty to rescue has been problematically applied: the purported duty to regularly return incidental findings and individual research results in genomic and genetic research. (shrink)

This paper looks at philosophical questions that arise in the context of AI alignment. It defends three propositions. First, normative and technical aspects of the AI alignment problem are interrelated, creating space for productive engagement between people working in both domains. Second, it is important to be clear about the goal of alignment. There are significant differences between AI that aligns with instructions, intentions, revealed preferences, ideal preferences, interests and values. A principle-based approach to AI alignment, which combines these elements (...) in a systematic way, has considerable advantages in this context. Third, the central challenge for theorists is not to identify ‘true’ moral principles for AI; rather, it is to identify fair principles for alignment that receive reflective endorsement despite widespread variation in people’s moral beliefs. The final part of the paper explores three ways in which fair principles for AI alignment could potentially be identified. (shrink)

:InThe Law of Peoples, John Rawls introduces a framework for realistic utopia, within which the limits of practicable political possibility are probed through the further development of his international theory. This essay addresses the apparent paradox of realistic utopianism within the context of, and in relation to, ideal theory, in an attempt to explore the scope and limits of Rawls’s theory. The ideas behind Rawls’s realistic utopia are discussed in detail, the concept is contrasted with ideal theory in order to (...) assess to what extent Rawls’s framework for realistic utopia introduced inThe Law of Peoplesdiffers from other forms of ideal theory, and the limits of realistic utopianism are identified.I argue first, that, in an attempt to address the potential feasibility constraint, Rawls tries to distinguish his framework of realistic utopia from that of more traditional ideal theory. I then proceed to examine the differences between realistic utopianism inThe Law of Peoplesand ideal theory inA Theory of Justice. I then conclude that Rawls only partially meets the challenge of establishing practicable political possibility. In actuality, Rawls’s focus on ideal agents in ideal as well as nonideal theory, together with his emphasis on societies as closed and self-sufficient, ignores the potential for noncompliance by liberal and decent societies, as well as interdependencies between societies that can cause or lead to injustice, conflict, and instability. I argue that despite these flaws, Rawls’s approach nevertheless provokes new insights into the function of the principles of the ideal theory framework as guidelines for real-world policies striving toward peace, stability, and justice. (shrink)

How to hospitably welcome refugees and migrants presents urgent questions for social and political thought. Current debates can be attributed to three discursive fields. Liberal versions hold that there are good reasons for political and legal limits of hospitality, critical perspectives advocate a renewed cosmopolitanism and, finally, deconstructive perspectives focus on the demand of unconditional hospitality as an absolute ethical requirement. These concepts trouble the conventional congruence of citizenship and bounded territory that make up modern nation states, on the one (...) hand. On the other hand, they affirm the rights of political communities to decide on the contents and the extent of the universal duty to host those endangered. Taking the Mediterranean and the local arena (Lampedusa) as the example, the article, which is based on extensive, multi-sited anthropological field research, engages with the tensions and limits inherent in current notions of hospitality. (shrink)

Several European and North American states encourage or even require, via good Samaritan and duty to rescue laws, that persons assist others in distress. This paper offers a utilitarian and contractualist defense of this view as applied to corporations. It is argued that just as we should sometimes frown on bad Samaritans who fail to aid persons in distress, we should also frown on bad corporate Samaritans who neglect to use their considerable multinational power to undertake disaster relief or to (...) confront widespread social ills such as those currently befalling public health (obesity) and the environment (climate change). As such, the corporate duty to assist approach provides a novel justification for sustainable business practices in such cases. The paper concludes by arguing that traditional stakeholder approaches have not articulated this duty of assistance obligation, though a new utilitarian stakeholder theory by Thomas Jones and Will Felps may be coextensive. (shrink)

Current interpretations of the political theory of Judith Shklar focus to a disabling extent on her short, late article (1989); commentators take this late essay as representative of her work as a whole and thus characterize her as an anti-totalitarian, Cold War liberal. Other interpretations situate her political thought alongside followers of John Rawls and liberal political philosophy. Challenging the centrality of fear in Shklar's thought, this essay examines her writings on utopian and normative thought, the role of history in (...) political thinking and her notions of ordinary cruelty and injustice. In particular, it shifts emphasis away from an exclusive focus on her late writings in order to consider works published throughout her long career at Harvard University, from 1950 until her death in 1992. By surveying the range of Shklar's critical standpoints and concerns, it suggests that postwar American liberalism was not as monolithic as many interpreters have assumed. Through an examination of her attitudes towards her forebears and contemporaries, it shows why the dominant interpretations of Shklarmigrare flawed. In fact, Shklar moved restlessly between these two categories, and drew from each tradition. By thinking about both hope and memory, she bridged the gap between two distinct strands of postwar American liberalism. (shrink)