Si bien al hablar de igualdad y derechos colectivos nos situamos aparentemente en dos espectros distintos de los derechos humanos, siguiendo a VASAK y su teoría de las tres generaciones, de un lado en el rango de un derecho fundamental, y del otro, en toda una amplia gama de derechos de tercera generación, es en realidad, en una misma órbita en donde debemos ubicarnos: en la del Estado de Social Derecho. Y es allí, donde la capacidad que éste tenga para (...) hacer frente a los desafíos que trae consigo su cumplimiento -sin olvidar el de los derechos económicos, sociales y culturales-, se convierte en el mejor elemento de juicio para determinar su éxito o fracaso, en una sociedad fracturada por un sinnúmero de fenómenos que atentan cada vez más contra las garantías y libertades de los ciudadanos. En este contexto, en el marco del programa de actividades formativas del Doctorado en Estudios Interdisciplinares de Género y Políticas de Igualdad, se organizó un Foro Académico cuya pretensión no era otra sino la de presentar a la comunidad una serie de reflexiones sobre algunos de estos mencionados fenómenos, a partir de la visión aquí propuesta. (shrink)

Se hace un llamado de atención a través de este capítulo de libro a los gobiernos locales y la Academia, para proponer políticas públicas donde se incluyan bases o lineamientos para la estructuración de un derecho global de acceso a los medicamentos. Para estos efectos, se importan a manera de pilares, tres planteamientos desde la óptica de la justicia global, que consideramos pueden acoplarse a esta problemática, y que aportan elementos novedosos al abordaje de los numerosos obstáculos que se suelen (...) presentar en las discusiones, especialmente en lo que respecta a la regulación del monopolio de la patente, y al tratamiento diferenciado que se les da a los ciudadanos de países desarrollados y en desarrollo. (shrink)

I explore the usefulness of Martha Nussbaum's capabilities approach in regard to the UN Convention on the Rights of Persons with Disabilities (CRPD). The CRPD aims at empowering people with disabilities by granting them a number of civil and political, but also economic, social and cultural rights. Implementing the CRPD will clearly be politically challenging and also very expensive for states. Thus, questions might arise as to whether the requirements set in the CRPD can be justified from an ethical perspective. (...) I will first investigate if Nussbaum's capabilities approach provides support for the rights claimed in the CRPD. Second, I will investigate to what extent Nussbaum's capabilities approach is a useful tool to set priorities among rights in the course of the implementation of the convention. This is an urgent question because seen realistically, it will not be possible to realize all rights at once and thus some rights need to receive greater priority than others. I will argue that the capabilities approach can be regarded as supporting the rights specified in the CRPD, but that it proves unable to guide the implementation process due to an insufficient grounding of the capabilities. Employing the capabilities approach thus leads to only limited results. (shrink)

Distinguishing between reasonable partiality and reasonable impartiality makes a difference in resolving the serious clashes between 'priority for compatriots' versus cosmopolitan global duties. Defenders of a priority for compatriots have to acknowledge two strong moral constraints: states have to fulfil all their special, domestic and trans-domestic duties, and associative duties are limited by distributive constraints resulting from the moral duty to fight poverty and gross global inequalities. In the recent global context, I see four main problems for liberal-nationalist defenders of (...) priority for compatriots: Reasonable particularists often forget that associative duties for compatriots compete with many sub-national and trans-domestic associative duties. They tend to forget that associative national duties compete with other, strong special obligations regarding not only citizens and residents inside nation-states but also trans-domestic obligations across state borders. They do not properly discuss the problem of unallocated duties in addressing global poverty and insecurity. The design of supra-national and global 'mediating' institutions, and the crafting of policies to remedy the misallocation of duties and to coordinate the required state activities is an urgent task neglected by liberal nationalists. In the recent context, reasonable partiality's bias towards partiality is most unwelcome and morally dubious. Reasonable impartiality's bias towards cosmopolitanism helps to stimulate a drastic shift in obligations and stimulates productive trans-national institutional design. (shrink)

Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...) can countenance, and to the specific institutions in China that might enable the realization of a genuine and/or decent democratic centralism. The author argues that by considering both inside and outside perspectives, and the degrees to which they inter-penetrate and critically inform one another, we can engage in a global philosophy that neither pre-judges alternative political traditions nor falls prey to false conceptual barriers. (shrink)

This paper focuses on examining the right to development. More specifically, the paper examines two questions relating to the right to development. The first focuses on the issue of justification: can the right to development that appears in the UN Declaration on the Right to Development be provided an adequate philosophical justification? The second question focuses on the function of the right to development: If the right to development simply ‘repackages’ duties correlative to other existing human rights – as it (...) may be argued to be the case with the right enshrined in the Declaration on the Right to Development – does it serve any meaningful function? In answering the first question, the paper argues that the right to development enshrined in the Declaration on the Right to Development is essentially a derivative right, and ultimately its philosophical justification is dependent on whether or not the legal human rights the realisation of which it seeks to enable can be provided an adequate philosophica.. (shrink)

Why does global justice as a philosophical inquiry matter? We know that the world is plainly unjust in many ways and we know that something ought to be done about this without, it seems, the need of a theory of global justice. Accordingly, philosophical inquiry into global justice comes across to some as an intellectual luxury that seems disconnected from the real world. I want to suggest, however, that philosophical inquiry into global justice is necessary if we want to address (...) the problems of humanity. First, in some cases, a theory of global justice is needed for identifying what counts as legitimate problems of justice. Second, even in obvious cases of injustices, such as the fact of preventable extreme poverty to which we know we have an obligation to respond, we cannot know the content and the limits of these obligations and who the primary bearers of these obligations are without some theoretical guidance. However, I acknowledge that philosophical inquiry on global justice risks becoming a philosop.. (shrink)

In the present article, I will evaluate the utility of environmental human rights in the light of the global climate conditions prevailing in the beginning of the second decade of the 21st century. Human rights and their tools have proven useful on many occasions. Here I will promote the idea that the ecological situation we are facing now is so urgent that we should exploit their potential to the fullest. To that end, I will argue, there is a clear need (...) to render environmental rights as explicit, precise and thus legally binding as possible. It is tried to adopt a point of view that is informed by both scientific findings and the theory of human rights; the conclusions are definitely intended to be pragmatic. (shrink)

Some are born to sweet delight,Some are born to endless night.William Blake - Auguries of InnocenceIt goes without saying that severe poverty is a human tragedy. The problem of poverty stemming from inequality has however only recently become one of the most fundamental questions in international ethics. The publication in 1972 of Peter Singer's important article, “Famine, Affluence and Morality” certainly marks an important date in the literature. Even those who don't agree with Singer's utilitarian approach will recognize that he (...) was among the first to articulate the problem of poverty on an international scale in philosophical terms. Since then, a greater number of philosophers have examined the problem of world poverty. Some of their work has been extremely influential. (shrink)

Die progressive Besteuerung von Einkommen und Vermögen ist ein politisch viel diskutiertes, aber sozialethisch wenig reflektiertes Thema. In diesem Beitrag wird dargelegt, wie progressive Steuern auf Einkommen und Vermögen in einem Wohlfahrtsstaat aus Perspektive der sozialen Gerechtigkeit, wie sie von David Miller konzipiert wird, gerechtfertigt werden können. Um das Argument so einfach wie möglich zu gestalten, orientiert sich die Fragestellung dabei an der notwendigen Funktion der Bekämpfung von Armut, derer sich Wohlfahrtsstaaten als einer Forderung der sozialen Gerechtigkeit zu verpflichten haben. (...) Progressive Steuern auf Einkommen und Vermögen sind somit genau dann und in genau jener Höhe gerechtfertigt, als sie zur Bekämpfung von Armut notwendig sind. Darüber hinaus kann gezeigt werden, dass die progressive Besteuerung von Einkommen und Vermögen einfach und effizient dieses Ziel erreichen kann, da sie, anders als Massensteuern oder die einheitliche Besteuerung von Einkommen und Vermögen, nicht wohlfahrtsstaatlich ausgeglichen werden müssen. (shrink)

Zusammenfassung: In diesem Beitrag wird der normative Gehalt von Armut und sozialer Exklusion im Wohlfahrtsstaat untersucht. Dazu wird der Grundriss der Gerechtigkeitstheorie von David Miller in Zusammenhang mit dem Konzept der materiellen Deprivation diskutiert, einem von der Europäischen Union verwendeten Indikator für soziale Exklusion. Kernthese ist dabei, dass materielle Deprivation sozial ungerecht ist, da sie die drei Gerechtigkeitsprinzipien des Bedarfs, des Verdienstes und der Gleichheit verletzt. Dieser Befund wird sowohl theoretisch als auch anhand ausgewählter empirischer Erkenntnisse expliziert. Vor diesem Hintergrund (...) wird zum Anschluss dann das Verhältnis von Armutsforschung und Sozialphilosophie und politischer Philosophie diskutiert. -/- Schlagwörter: soziale Gerechtigkeit, Armut, materielle Deprivation, David Miller -/- Social Justice in the Welfare State. On the normative weight of material deprivation -/- Abstract: This paper explores the normative relevance of poverty and social exclusion in the welfare state. I discuss David Miller's theory of social justice and one indicator of poverty and social exclusion utilized by the European Union, namely that of material deprivation. The main thesis is that material deprivation is socially unjust as it violates the three principles of social justice: need, desert, and equality. This finding will be explored on the theoretical level as well as considering empirical insights. Against this background, I will conclude with remarks on the possible contribution of social and political philosophy to poverty research. (shrink)

An analysis of social goals for agriculture presupposes an account of systematic interactions among economic, political, and ecological forces that influence the performance of agriculture in a given society. This account must identify functional performance criteria that lend themselves to interpretation as normative or ethical goals. Individuals who act within the system pursue personal goals. Although individual acts and decisions help satisfy functional performance criteria, individuals may never conceptualize or understand these criteria, and, hence, social goals for agriculture may not (...) be intentionally sought or desired by any human being. The statement of social goals is not, therefore, reducible to statements about individual desires and preferences, and the validity of social goals does not depend upon deriving a social welfare function, nor upon measuring interpersonal utility.The paper examines a series of strategies for defining social goals for agriculture, beginning with the statement of goals offered by William Aiken in 1983. Aiken's view stresses individually based constraints upon action, but social goals cannot be adequately defined on this view. Successively more adequate approaches to the problem of social goals are examined with respect to production and efficiency, Jeffersonian democracy, and ecosystem goals of community and self-reliance. The role of family farms, and the change in farm structure is evaluated in light of this analysis for social goals. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is a perfect (...) moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

Henry Shue has led the charge among moral philosophers in arguing that harms stemming from anthropogenic climate change constitute violations of basic rights and are therefore prohibited by duties of justice. Because frameworks such as Shue’s argue that duties of justice are at stake, one could object that the special urgency of those duties threatens to overrun the normatively protected space in which an agent makes her life her own. We argue that an alternative conception of how moral reasons combine (...) to produce duties is required to respond to the demandingness objection, providing normatively protected space to pursue one’s projects while yielding numerous strict obligations of justice. (shrink)

Both Confucian and Islamic traditions stand in fraught and internally contested relationships with democracy and human rights. It can easily appear that the two traditions are in analogous positions with respect to the values associated with modernity, but a central contention of this essay is that Islam and Confucianism are not analogous in this way. Positions taken by advocates of the traditions are often similar, but the reasoning used to justify these positions differs in crucial ways. Whether one approaches these (...) questions from an intra-traditional, cross-traditional, or multi-traditional perspective, the essay shows that there is great value in getting clear on the ways in which one’s textual “canon” may constrain one. In the end, we will see that while there are creative Islamic approaches to taking human rights seriously, the looser constraints under which Confucians operate today may make things easier for Confucian advocates of human rights and democracy. (shrink)

This paper is based on the assumption that the high incomes of some professional sports athletes, such as players in professional leagues in the United States and Europe, pose an ethical problem of social justice. I deal with the questions of what should follow from this evaluation and in which ways those incomes should be regulated. I discuss three different options: a) the idea that the incomes of professional athletes should be limited, b) the idea that they should be vastly (...) taxed by the state, and c) the idea that there is a moral obligation for the athletes to spend portions of their incomes on good causes. I will conclude that in today’s circumstances there are good reasons to advocate both option one (limitation) and option two (taxation), but that priority should be given to taxation. (shrink)

This article counters the popular misunderstanding that China lacks a conception of human rights in its philosophical heritage. The authors demonstrate that even divergent traditions such as Classical Confucianism and Mohism provide strong and pervasive antecedents for human rights ideology, and both have much to contribute to the contemporary Chinese articulation of human rights theory and practice. The first part of the article shows that traditional Confucian values have the capacity to produce a social environment in which rights outcomes are (...) realized, yet without recourse to the full legal mechanisms of Western claim-rights. The second part of the article reveals that Mohism offers several insights and motivations for contemporary human rights ideology. Thus, the authors substantiate that historic Chinese philosophy supports a meaningful framework for human rights, refuting the claim that human rights is alien to the Chinese way. (shrink)

Up to a certain age, young people are denied the right to vote. In this paper, it is argued that this general exclusion from democratic participation is unjustified and should be abandoned. After a short survey of some of the pedagogic, legal, and political arguments that have been brought forward to support a liberalisation of electoral law in favour of children, the essay presents a basic moral argument against any age limit with respect to voting rights. First of all, it (...) is argued that the right to vote is grounded in a fundamental claim of human beings to equal participation and, therefore, can be denied only for severe and cogent reasons. Subsequently, the essay purports to establish – and defends against objections – that there are no such reasons that sufficiently justify an age limit. The paper concludes with some remarks on practical consequences of the argument. (shrink)

The theory of rights is crucial as a means of relieving the tension between basic rights and democracy, and as a means of resolving the problem of allocating competence between the constitutional court and the legislature. To some theorists, no tension between basic rights and democracy exists, for the latter presupposes the former. To others, among whom I include myself, tension does exist, for basic rights, in lending protection to certain persons and groups, limit the possibilities of political decision. In (...) this connection it is important to take up the problem of the necessary conditions for realizing basic rights. One of these conditions concerns the delimiting of the scope of institutional action that is found, so to speak, in the space between the constitutional justices and the legislature, the latter as representative of the popular will. (shrink)

Global justice is, at its core, about moral obligations to distant others. But which obligations ought to be included is a matter of considerable debate. In the discussion that follows I will explicate and challenge two objections to the inclusion of foundationally positive obligations in our account of global justice. The first objection is based on the proposition that negative obligations possess and positive obligations lack a property necessary for a moral demand to be a matter justice. The second objection (...) is that even the most trivial positive obligation becomes overly burdensome when applied to the global arena. And, though I do not offer any particular substantive account of positive obligations to distant others; I assess some of the implications that would arise were positive obligations to distant others to be included in our account of global justice. (shrink)

Recent years have heralded increasing attention to the role of multinational corporations in regard to human rights violations. The concept of complicity has been of particular interest in this regard. This article explores the conceptual differences between silent complicity in particular and other, more "conventional" forms of complicity. Despite their far-reaching normative implications, these differences are often overlooked.Rather than being connected to specific actions as is the case for other forms of complicity, the concept of silent complicity is tied to (...) the identity, or the moral stature of the accomplice. More specifically, it helps us expose multinational corporations in positions of political authority. Political authority breeds political responsibility.Thus, corporate responsibility in regard to human rights may go beyond "doing no harm" and include apositive obligation to protect. Making sense of this duty leads to a discussion of the scope and limits of legitimate human rights advocacy by corporations. (shrink)

The criticism that voluntary codes of conduct are ineffective can be met by giving greater centrality to human rights in such codes. Provided the human rights obligations of multinational corporations are interpreted as moral obligations specifically tailored to the situation of multinational corporations, this could serve to bring powerful moral force to bear on MNCs and could provide a legitimating basis for NGO monitoring and persuasion. Approached in this way the human rights obligations of MNCs can be taken to include (...) support for political as well as economic rights. This will go some way towards filling the regulatory gap created by the difficulty of controlling the activities of corporations operating globally. However, such a proposal will require a measure of ‘meta-regulation’ whereby the operations of MNCs are legally required to be sufficiently transparent to create the conditions for effective external moral scrutiny. (shrink)

This paper presents a reconstruction of and some constructive comments on Thomas Pogge’s conception of global justice. Using Imre Lakatos’s notion of a research program, the paper identifies Pogge’s “hard core” and “protective belt” claims regarding the scope of fundamental principles of justice, the object and structure of duties of global justice, the explanation of world poverty, and the appropriate reforms to the existing global order. The paper recommends some amendments to Pogge’s program in each of the four areas.

The role that need plays in dealing with problems of distributive justice is examined in a series of vignette studies. Among other things, it becomes clear that impartial observers make gradual assessments of justice that depend on the extent to which the observed individuals are endowed with a good. If it is known how high their need for that good is, the assessments are made relative to this reference point. In addition, impartial decision-makers make hypothetical distribution decisions that take into (...) account need, productivity, and accountability. The need of individuals is partially compensated even if they have contributed less to the available amount than they themselves require. However, the willingness to do so decreases if they are accountable for needing more than others or for having contributed less than others. Lastly, both impartial observers and impartial decision-makers distinguish between different types of needs, the fulfillment of which is given different levels of importance. (shrink)

The setting of evidential standards is a core practice of scientific assessment for policy. Persuaded by considerations of inductive risk, philosophers generally agree that the justification of evidential standards must appeal to non-epistemic values but debate whether the balance of non-epistemic reasons favours varying evidential standards versus maintaining fixed high evidential standards in assessment, as both sets of standards promote different and important political virtues of advisory institutions. In this paper, I adjudicate the evidential standards debate by developing a novel (...) argument from justice, drawing on the IPCC’s assessment of climate impacts as a case study. I argue that in assessments marked by background evidential inequality, maintaining fixed high evidential standards results in an unequal distribution of ‘epistemic power’ among stakeholders, producing a ‘powerful assessment’ for the data-rich (a high rate of findings) and a ‘weak assessment’ for the data-poor (a low rate of findings). Where such inequalities of epistemic power disadvantage those in data-poor regions with respect to fundamental interests, such as basic human rights, we have decisive reasons of justice to vary evidential standards. (shrink)

La democracia es calificada normativamente como un derecho fundamental, relacionado con la dignidad humana (proyecto de vida, condiciones para funcionar en sociedad y vida sin daños); con forma de derecho subjetivo (titular, obligado y núcleo esencial) y un consenso de dogmática constitucional sobre su relevancia, integrado por elementos procedimentales -formación de mayorías- junto a la faceta sustancial –goce de los DDHH fundamentales de su ámbito de protección- como medio y fin para el logro del florecimiento humano y la felicidad de (...) la persona humana en el Estado democrático constitucional. Se considera el derecho fundamental de los derechos fundamentales. (shrink)

This paper argues that Internet access should be recognised as a human right because it has become practically indispensable for having adequate opportunities to realise our socio-economic human rights. This argument is significant for a philosophically informed public understanding of the Internet and because it provides the basis for creating new duties. For instance, accepting a human right to Internet access minimally requires guaranteeing access for everyone and protecting Internet access and use from certain objectionable interferences (e.g. surveillance, censorship, online (...) abuse). Realising this right thus requires creating an Internet that is crucially different from the one we currently have. The argument thus has wide-ranging implications. (shrink)

Se responde, desde la dogmática de la Corte Constitucional colombiana, aduciendo los “criterios de identificación” normativa de los derechos fundamentales centrados en i) su relación de funcionalidad con el logro del contenido normativo de la dignidad humana, ii) su traducción como derechos subjetivos, iii) los “consensos dogmáticos, jurisprudenciales o de derecho internacional, legal y reglamentario sobre su fundamentalidad” y, iv) su exigibilidad -más que su propia justiciabilidad-, como presupuestos jurídicos, reconocimiento y aplicación pragmática constitucional en la esfera de vida de (...) la persona humana y la comunidad política, basados, también, en los pilares conceptuales del llamado Constitucionalismo Humanista. (shrink)

I attempt first to disentangle three aspects of Kant’s distinction between perfect and imperfect duty. There is the central distinction between principles of duty contrary to that which is contradictory in conception/consistent in conception but contradictory in will. There is also a distinction between essential and non-essential duties: those which cannot, or occasionally can, be passed over consistent with the requirements of morality. Finally, there is a distinction between duties that exhibit a scalar aspect – degrees of goodness or virtue (...) – and duties that do not. My aim is to show how these distinct considerations can be reconciled as aspects of a single distinction, and I conclude that the remarkable complexity of Kant’s perfect/imperfect distinction is actually a strength, rather than a weakness. (shrink)

In this short comment on Just, Reasonable Multiculturalism, I concentrate on the permissible extent of interference by a liberal state in a community within that state when such interference aims to protect individuals within that community from it. He and I both value individuals and want them protected, of course. This shared value, however, leads us to different conclusions. On any liberal view, individuals must be allowed to act as they wish subject only to specific sorts of justified limitations. In (...) the mainstream approach that Cohen-Almagor accepts, these will include limitations necessary to not merely protect but also to promote autonomy. On my own view, by contrast, it is protection alone that justifies interference. I thus spell out Cohen-Almagor’s view about the need for interference with non-liberal groups within a liberal state and indicate my disagreement. (shrink)

Environmental justice refers to many things: a global activist movement, local groups that struggle to redress the inequitable distribution of environmental goods (and bads), especially as they affect minority communities, as well as a vast body of interdisciplinary scholarship documenting and motivating these movements. In the past three decades, scholarly debates over what environmental justice requires have been dominated by a discourse of rights.

A ‘practical’ theory of human rights should make sense of two claims: a ‘practice claim’ – that international human rights can fruitfully be regarded as an existing social practice – and an ‘authority claim’ – that participants in the practice have reasons to adhere to its norms. I elaborate both of these claims in this paper, taking into account important developments in the empirical study of international human rights in the last decade.

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

In this paper I argue that individuals are, prior to the existence of just institutions requiring that they do so, bound as a matter of global distributive justice to restrict their use, or share the benefits fairly of any use beyond their entitlements, of the Earth’s capacity to absorb greenhouse gases (EAC) to within a specified justifiable range. As part of the search for an adequate account of climate morality, I approach the task by revisiting, and drawing inspiration from, two (...) prominent models from classical political philosophy for thinking about norms (rights, permissions, limits, etc.) regarding “pre-institutional” appropriation of unowned resources; Locke and Kant, respectively. The basic resources they develop—connected to fundamental norms of equality and rights to self-preservation and freedom—in order to generate their particular schema for distributive shares prior to the existence of just institutions can be usefully and plausibly connected up with the scarce, valuable, rival, non-excludable, global, and unowned resource that is EAC in order to undergird a picture of individual climate duties in the contemporary world. It is a picture that comes with some fairly radical implications, especially for the well-off. (shrink)

Whenever fellow humans suffer due to natural catastrophes, we have a duty to help them. This duty is not only acknowledged in moral theory, but also expressed in ordinary people’s reactions to phenomena such as tsunamis, hurricanes, and earthquakes. Despite being widely acknowledged, this duty is also widely disputed: some believe it is a matter of justice, others a matter of charity. Although central to debates in international political theory, the distinction between justice and charity is hardly ever systematically drawn. (...) To fill this gap in the literature, I consider three accounts of this distinction, the ‘Agent-based’, the ‘Recipient-based’, and the ‘Mixed’ View, and argue that they are all unsatisfactory. I then offer a fourth alternative, the ‘Autonomy’ View, which successfully overcomes the difficulties affecting its rivals. I conclude by considering the implications of this view for the moral grounds of disaster relief in earthquake-stricken Haiti, New Zealand, and Japan. (shrink)

El presente texto constituye un esfuerzo por llevar a cabo un acercamiento teórico a una de las grandes cuestiones de la justicia global: la pobreza en el mundo. Para lograrlo, analizamos esta problemática desde distintas aproximaciones en las que se intenta reflejar las aspiraciones distributivas de la justicia global mediante tres visiones sobre la pobreza.

Human beings are the cause of many current environmental problems. This poses the question of how to respond to these problems at the national and international level. However, many people ask themselves whether they should personally contribute to solving these problems and how they could (best) do so. This is the focus of this Special Issue on Individual Environmental Responsibility. The introduction proposes a way to structure this complex debate by distinguishing three broad clusters of arguments. The first cluster tackles (...) the kind of ethical theory we need to properly address different aspects of individual responsibility. The second cluster asks what individuals should do from an ethical point of view. The third cluster investigates the role of contextual factors and the limits of demandingness in individual obligations. This introduction presents the papers of the Special Issue and the interrelations between them using those clusters of arguments as reference. (shrink)

Early defenders of the Universal Declaration of Human Rights invoked species hierarchy: human beings are owed rights because of our discontinuity with and superiority to animals. Subsequent defenders avoided species supremacism, appealing instead to conditions of embodied subjectivity and corporeal vulnerability we share with animals. In the past decade, however, supremacism has returned in work of the new ‘dignitarians’ who argue that human rights are grounded in dignity, and that human dignity requires according humans a higher status than animals. Against (...) the dignitarians, I argue that defending human rights on the backs of animals is philosophically suspect and politically self-defeating. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...) concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

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

ABSTRACT:This article examines the presuppositions and theoretical frameworks of the “new-wave” “Post-Westphalian” approach to international business ethics and compares it to the more philosophically oriented moral theory approach that has predominated in the field. I contrast one author’s Post-Westphalian political approach to the human rights responsibilities of transnational corporations (TNCs) with my own “Fair Share” theory of moral responsibility for human rights. I suggest how the debate about the meaning of corporate human rights “complicity” might be informed by the fair (...) share theory. While I point out that Post-Westphalians and moral philosophers may have fundamental disagreements about basic concepts such as legitimacy, justice, and democratic deliberation, I conclude that the Post-Westphalians have made a major contribution to the expansion of the field by presenting business ethicists with an opportunity to inform and guide debates about the potential future course of transnational governance. (shrink)

This article investigates the technical rationalities of modern forms of government. Conceived in a Foucauldian vein, the paper argues for an interpretation of security dispositifs which sustain the structures of modern government. The main argument developed in the article is that there is a difference between two securities diagrams: the preventive and the anticipatory. The first one is using rational devices like the actuarial table while the second is aiming to instrumentalise the imagination.

In this paper, I will discuss a children’s rights-based argument for the duty of states, as a joint effort, to establish an effective program to help bring children out of conflict zones, such as parts of Syria, and to a safe haven. Children are among the most vulnerable subjects in violent conflicts who suffer greatly and have their human rights brutally violated as a consequence. Furthermore, children are also a group whose capacities to protect themselves are very limited, while their (...) chance to flee is most often only slim. I will then discuss three counterarguments: the first counterargument would be that, instead of getting the children out of a particular country, it would be better to improve their situation in their home countries. A second counterargument could be that those states, which have such a duty to bring children to a safe haven, would be overburdened by it. Finally, the third counterargument I want to discuss states that such a duty would also demand a military intervention, which could worsen the situation even further. (shrink)

With regard to the problem of world poverty, libertarian theories of corrective justice emphasize negative duties and the idea of responsibility whereas utilitarian theories of help concentrate on positive duties based on the capacity of the helper. Thomas Pogge has developed a revised model of compensation that entails positive obligations that are generated by negative duties. He intends to show that the affluent are violating their negative duties to ensure that their conduct will not harm others: They are contributing to (...) and profiting from an unjust global order. But the claim that negative duty generated positive obligations are more acceptable than positive duties is contestable. I examine whether Henry Shue’s model that is integrating negative duties and positive duties is more convincing concerning the foundation of positive duties to protect others. I defend the idea that there are positive duties of justice. This approach can integrate an allocation of positive duties via responsibility and maintain the advantage of an independent foundation of positive duties. (shrink)