Abstract: The emergence of cross-border communities and transnational associations requires new ways of thinking about the norms involved in democracy in a globalized world. Given the significance of human rights fulfillment, including social and economic rights, I argue here for giving weight to the claims of political communities while also recognizing the need for input by distant others into the decisions of global governance institutions that affect them. I develop two criteria for addressing the scope of democratization in transnational contexts— (...) common activities and impact on basic human rights —and argue for their compatibility. I then consider some practical implications for institutional transformation and design, including new forms of transnational representation. (shrink)

A dialogical approach to understanding Islamic ethics rejects objectivist methods in favor of a conversational model in which participants accept each other as rational moral agents. Hans-Georg Gadamer asserts the importance of agreement upon a subject matter through conversation as a means to gaining insight into other persons and cultures, and Jürgen Habermas stresses the importance of fairness in dialogue. Using human rights as a subject matter for engaging in dialogue with Islamic scholars, Muslim perspectives on issues such as democracy, (...) toleration, and freedom of conscience emerge. A capabilities approach to human rights, such as that developed by Martha Nussbaum, enables the coexistence of multiple religious ethical visions while insisting upon the need to protect and nurture essential human abilities. (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)

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)

This paper concentrates on the way Kant's distinction between duties of right and duties of virtue operates at the interstate level. I argue that his Right of Nations (V ölkerrecht) can be interpreted as a duty to establish a kind of interstate distributive justice (that is, as a duty to secure states in their independence and territorial possessions), which is called for to secure domestic distributive justice and to protect individuals' freedom and private property. Or at least this is 'ideal (...) theory' for, as I specify, this cosmopolitan linkage is compromised by Kant's endeavour to accomodate the existence of non-republican states. (shrink)

This article argues that Thomas Pogge's important theory of global justice does not adequately appreciate the relation between interactional and institutional accounts of human rights, along with the important normative role of care and solidarity in the context of globalization. It also suggests that more attention needs to be given critically to the actions of global corporations and positively to introducing democratic accountability into the institutions of global governance. The article goes on to present an alternative approach to global justice (...) based on a more robust conception of human rights grounded in a conception of equal positive freedom, in which these rights are seen to apply beyond the coercive political institutions to which Pogge primarily confines them (e.g. to prohibiting domestic violence), and in which they can guide the development of economic, social and political forms to enable their fulfillment. (shrink)

This paper addresses the criticism recently directed at Internet companies who have chosen to do business in China. Currently, in order to conduct business in China, companies must agree to the Chinese government’s rule of self-censoring any information the government deems inappropriate. We start by explaining how some of these companies have violated the human rights of Chinese citizens to freely trade information. We then analyze whether the justifications and excuses offered by these companies are sufficient to absolve them of (...) moral responsibility. We argue that both justifications and excuses offered are insufficient. Wilfully abiding by unjust laws, albeit necessary to do business in China, should not trump moral actions that protect rights. (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: (i) Reasonable particularists often forget that associative duties for compatriots compete with many sub-national and trans-domestic associative duties. (ii) They tend to forget that associative national duties compete with other, strong special (contractual, reparative) obligations regarding not only citizens and residents inside nation-states but also trans-domestic obligations across state borders. (iii) They do not properly discuss the problem of unallocated duties in addressing global poverty and insecurity. (iv) 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 partialitys bias towards partiality is most unwelcome and morally dubious. Reasonable impartialitys bias towards cosmopolitanism helps to stimulate a drastic shift in obligations and stimulates productive trans-national institutional design. (shrink)

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of 'democratic centralism' shows that while it does not now adequately support the (...) right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (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.

According to one prominent form of moral individualism, how an individual is to be treated is determined, not by considering her group membership, but by considering her own particular characteristics. On this view, so this paper argues, it is not possible to provide an account of why people with profound cognitive disabilities are owed respect. This conclusion is not new, but it has been challenged by writers who are sympathetic to the recommended emphasis. The paper aims to show that the (...) conclusion cannot be avoided, and to look at what is to be learned from an approach that leads us to this point. It suggests that any account of why profoundly disabled people are owed respect will have to supplement discussion of their particular capacities with a normative account of their humanity. (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)

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)

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 paper I examine the relation between Social Cost of Carbon (SCC) estimates, abatement cost analyses, and individual climate duties. I first highlight the stakes that SCC and abatement cost estimates potentially have for the content of individual duties to either pay the full or fair cost of their carbon emissions, or offset the volume of their emissions. I survey four methodological options (a minimalist approach, a precautionary approach, an averaging approach, and what I call a ‘sufficiency-bounded’ precautionary approach) (...) for conceptualizing the terrain of individual duties in light of SCC and abatement cost estimates that are both contentious and evolving. (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)

This article addresses the issue of future cosmopolitanism, building on a minimal reconstruction of what cosmopolitanism has been in the past. It will elucidate the notion of ‘political’ cosmopolitanism in its relation to a certain methodological option which is designated by the shorthand term ‘judgment’. Cosmopolitanism is not a new idea but a new version of it is constituted by ‘political’ cosmopolitanism, bound up with a judgmentbased, as opposed to principle-based, understanding of normativity.

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)

Research on how to understand legally recognized socio-economic rights produced many insights into the nature of rights. Legally recognized rights to health and, by extension, health care could contribute to health justice. Yet a tension remains between widespread international and transnational constitutional recognition of rights to health and health care and compelling normative conditions for rights recognition from both philosophers seeking to identify the scope and structure of the rights and policy scholars seeking to understand how to practically realize such (...) rights. This work identifies an overlooked source of these difficulties: the right to health care and other health rights are necessarily ‘complex’, consisting of multiple related, but irreducible, morally valuable components. ‘Complex rights’ do not fit the traditional structure of human rights, so legal recognition of same can appear confused from a philosophical perspective, but there is ample reason to admit complex rights into our moral ontology and doing so can help bridge the divide between global health practices and ongoing work in the philosophy of rights and public policy. Recognition of complex rights admittedly shifts the burden for justifying health rights, but it does so in a way that is instructive for general philosophical analysis of socio-economic rights. (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)

The ethical theories employed in health care today assume, in the main, a modern Western philosophical framework. Yet the diversity of cultural and religious assumptions regarding human nature, health and illness, life and death, and the status of the individual suggest that a cross-cultural study of health care ethics is needed. A Cross-Cultural Dialogue on Health Care Ethics provides this study. It shows that ethical questions can be resolved by examining the ethical principles present in each culture, critically assessing each (...) value, and identifying common values found within all traditions, It encourages the development of global awareness and sensitivity to and respect for the diversity of peoples and their values and will advance understanding as well as help to foster a greater balance and a fuller truth in consideration of the human condition and what makes for health and wholeness. (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 dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (shrink)

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)

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)

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.