Although retribution for past human rights violations has its place in post-conflict processes of transition and reconciliation, there are many present and foreseeable circumstances in which the case may be made for immunity, amnesty, or sheer forbearance.

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.

This article investigates whether or not theories of justice from political philosophy, first, support the position that health research should contribute to justice in global health, and second, provide guidance about what is owed by international clinical research (ICR) actors to parties in low- and middle-income countries. Four theories—John Rawls's theory of justice, the rights-based cosmopolitan theories of Thomas Pogge and Henry Shue, and Jennifer Ruger's health capability paradigm—are evaluated. The article shows that three of the four theories require the (...) conduct of health research for justice in global health. The theories help identify the ends of justice to which ICR is to contribute, but they cannot tell us how to organize ICR to promote these ends. Aside from Ruger's health capability paradigm, the theories also lack an allocative principle for assigning specific duties to specific actors. This creates difficulties for establishing obligations for certain types of ICR actors. (shrink)

This article argues that effective corporate social responsibility (CSR) of multinational pharmaceutical companies in developing countries should reflect context, opportunity, proximity, time and impact in accordance with the social integration and ethical approaches to CSR. It proposes a CSR model expressed as CSR=COPTI+SI+E, which acknowledges access-to-medicines as a matter in the global public domain, a public choice problem and a moral responsibility issue for multinational pharmaceutical companies. This model recognises the globalisation of the principle of humanity in communities of place (...) and communities of interest as highlighted by the Global Economic Ethic Manifesto 2009 as an integral part of the responsibilities of multinational pharmaceutical companies. The model reflects a global application of the concept of disadvantaged consumer already known to some national laws. The article suggests an access-to-medicines CSR framework for pharmaceutical companies which may include pricing, patents, testing and clinical trials, research and development, joint public private initiative and appropriate use of drugs. (shrink)

The argument has been made that future generations of human beings are being harmed unjustifiably by the actions individuals commit today. This paper addresses what it might mean to harm future generations, whether we might harm them, and what our duties toward future generations might be. After introducing the Global Health Impact (GHI) concept as a unit of measurement that evaluates the effects of human actions on the health of all organisms, an incomplete theory of human justice is proposed. Having (...) shown that the negative GHIs of our current generation cause unfair harm to future generations, I argue that each human being must be allocated a fair threshold of negative GHIs that should not be exceeded. By emphasising the need to consider all the GHIs of human actions, the theory of human justice developed here is highly relevant to evaluate human actions that might affect future generations, for example those related to climate change. (shrink)

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him to shift illicitly between negative and (...) positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)

Crocker concludes that international and regional progress are closely interrelated. Universalists and ethnocentrists must converge to "think and act globally, regionally, nationally, and locally.".

This article argues that parents have a special, shared duty to organize for collective action on climate change mitigation and adaptation, but not for the reason one might assume. The apparently obvious reason is that climate change threatens life, health and community for the next generation, and parents have a special duty to their children to protect their basic human interests. This argument fails because many parents could protect their children from these central harms without taking more general action to (...) combat climate change, let alone to mitigate it. Instead, subtler reasons are advanced, drawing on children’s relational interests or on their interests as moral agents. It is argued that parents owe it to their children to combat climate change because of the indirect impact on current children of serious threats to their children and grandchildren, and of being required to live in a radically unjust world. It is further argued that parents may owe it directly to their more distant descendants to mitigate climate change because of the role current parents played in bringing them into the world. (shrink)

ABSTRACT:Central to the United Nations Framework setting out the human rights responsibilities of corporations proposed by John Ruggie is the principle that corporations have a responsibility to respect human rights in their operations whether or not doing so is required by law and whether or not human rights laws are actively enforced. Ruggie proposes that corporations should respect this principle in their strategic management and day-to-day operations for reasons of corporate (enlightened) self-interest. This paper identifies this as a serious weakness (...) and argues that identifying the responsibility to respect human rights as an explicitly ethical obligation to be respected for that reason would provide a much stronger justificatory foundation for respecting the principle seen from a corporate perspective, given that corporations are accountable to their shareholders for their deployment of the firm’s financial resources. (shrink)

The right to health care is a right to care that is not too costly to the provider, considering the benefits it conveys, and is effective in bringing about the level of health needed for a good human life, not necessarily the best health possible. These considerations suggest that, where possible, society has an obligation to provide preventive health care, which is both low cost and effective, and that health care regulations should promote citizens’ engagement in reasonable preventive health care (...) practices. (shrink)

ABSTRACTThe Assistance Principle is common currency to a wide range of moral theories. Roughly, this principle states: if you can fulfil important interests, at not too high a cost, then you have a moral duty to do so. I argue that, in determining whether the ‘not too high a cost’ clause of this principle is met, we must consider three distinct costs: ‘agent-relative costs’, ‘recipient-relative costs’ and ‘ideal-relative costs’.

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

We present three rights-based approaches to research and policies on gender justice and equity in the context of climate change adaptation. After a short introduction, we describe the dominant discourse that frames climate change and provide an overview of the literature that has depicted women both as vulnerable victims of climatic change and as active agents in adaptive responses. Discussion follows on the shift from gendered impacts to gendered adaptive capacities and embodied experiences, highlighting the continuing impact of social biases (...) and institutional practices that shape unequal access to and control over household and community decision-making processes undermining timely, fair, and successful adaptive responses. Assessment of rights-based frameworks considers the space they provide in addressing persistent gender and other inequalities, at different political and operational scales. We argue that a human security framework is useful to fill the gap in current gender and climate justice work, particularly when implemented through the entry point of adaptive social protection. Gender justice in climate change adaptation is an obligation for transformational social change, not just rights. The time is ripe to replace narrow-minded vulnerability studies with a contextualized understanding of our mutual fragility and a commitment to enhanced livelihood resilience, worldwide. (shrink)

This article calls for a paradigm shift in the language, theory and practice of human rights: it calls for human rights to be reconceptualized as sentient rights. It argues that human rights are not qualitatively distinct from the basic entitlements of other sentient creatures, and that attempts to differentiate human rights by appealing to something distinctive about humanity, their unique political function or their universality ultimately fail. Finally, the article claims that moving to sentient rights will not lead to intractable (...) conflicts between rights, but to a more inclusive, fair and rationally defensible normative enterprise. (shrink)

One of the ongoing debates in the sustainable agriculture community is whether its platform should include social justice issues like farmworker rights, economic concentration, and hunger. The commentary describes the evolution of this controversy, and places it in the context of competing and complicated moral theories that turn out to be of somewhat limited use in political arguments. The essay also outlines ways in which the present political climate is presenting a challenge to sustainable agriculture proponents, who, in response, are (...) building new linkages with urban interests, including anti-hunger organization. Despite abstract philosophical and more real political problems, a community food security agenda is being crafted, joining the interests of small farms, family farm, and sustainability advocates, and anti-hunger groups. Their focus is community and economic development as a way to improve the quality and availability of inner city food supplies, and to develop new markets and political allies for farmers. (shrink)

In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five unique challenges involved in legalizing (...) economic and social rights. It is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to realize economic and social rights effectively. (shrink)

In this article I propose to explore two issues. The first concerns what kinds of contributions academics can make to reducing poverty. I argue that academics can contribute in a number of ways, and I seek to spell out the diversity of the options available. I concentrate on four ways in which these contributions might differ.My second aim is to outline some norms that should inform any academic involvement in activities that seek to reduce poverty. I set out six proposals. (...) These concern: (1) the need to construct coalitions among people with different ethical frameworks; (2) the value of constructing nonideal theory on the basis of our best understanding of an ideal world; (3) the need for integrated analysis that connects antipoverty initiatives to other areas of moral concern; (4) the vital importance of interdisciplinarity; (5) the need for epistemic modesty and revisability; and (6) the need for accountability. (shrink)

There are many East and West debates on human rights. One of them is whether all civil and political rights are human rights. On one hand, scholars generally agree that rights to physical security are human rights. On the other hand, some scholars argue that rights to political liberty are only Western rights but not human rights because political liberty conflicts with some East Asian cultural factors, especially the Confucian tradition. I argue that physical security also conflicts with some parts (...) of the Confucian tradition, but rights to physical security are still human rights because physical security is a minimal value. I then argue that political liberty, similar to physical security, is also a minimal value. Therefore, similar to rights to physical security, rights to political liberty are also human rights, even though political liberty also conflicts with some parts of the Confucian tradition. (shrink)

There are several reasons for the current prominence of global health issues. Among the most important is the growing awareness that some risks to health are global in scope and can only be countered by global cooperation. In addition, human rights discourse and, more generally, the articulation of a coherent cosmopolitan ethical perspective that acknowledges the importance of all persons, regardless of where they live, provide a normative basis for taking global health seriously as a moral issue. In this paper (...) we begin the task of translating the vague commitment to doing something to improve global health into a coherent set of more determinate obligations. One chief conclusion of our inquiry is that the responsibilities of states regarding global health are both more determinate and more extensive than is usually assumed. We also argue, however, that institutional innovation will be needed to achieve a more comprehensive, fair distribution of concrete responsibilities regarding global health and to provide effective mechanisms for holding various state and nonstate actors accountable for fulfilling them. (shrink)

Opponents of cosmopolitanism often dismiss the position on the grounds that cosmopolitan proposals are completely unrealistic and that they fly in the face of our human nature. We have deep psychological needs that are satisfied by national identification and so all cosmopolitan projects are doomed, or so it is argued. In this essay we examine the psychological grounds claimed to support the importance of nationalism to our wellbeing. We argue that the alleged human needs that nationalism is said to satisfy (...) are: (i) either more complex than initially one might think or (ii) do not necessarily provide very strong grounds for the theses advocated by nationalists or (iii) can be well met in alternate ways than through national identification. Moreover, commitment to cosmopolitanism is not antithetical to meeting these needs: rather, more cosmopolitan worldviews can do quite well in meeting the needs of interest. Moreover, we argue that since nationalism is a fluid and socially constructed phenomenon, quite open to the influence of other factors, the current evidence suggests that central aspects of cosmopolitanism are quite feasible and realistic. (shrink)

In this article, we survey some current debates among cosmopolitans and their critics. We begin by surveying some distinctions typically drawn among kinds of cosmopolitanisms, before canvassing some of the diverse varieties of cosmopolitan justice, exploring positions on the content of cosmopolitan duties of justice, and a prominent debate between cosmopolitans and defenders of statist accounts of global justice. We then explore some common concerns about cosmopolitanism – such as whether cosmopolitan commitments are necessarily in tension with other affiliations people (...) typically have and how we should deal with issues concerning a perceived lack of authority in the global domain – and whether these can be addressed. We also look briefly at how the concern with feasibility has led some to take up the challenge of devising public policy that is cosmopolitan in outlook, before offering some concluding remarks on future directions in these debates. (shrink)

This paper examines the conceptual development of the philosophical justifications for tyrannicide. It posits that the political philosophy of tyrannicide can be categorised into three distinct periods or models, the classical, medieval, and liberal, respectively. It argues that each model contained unique themes and principles that justified tyrannicide in that period; the classical, through the importance attached to public life and the functional role of leadership; the medieval, through natural law doctrine; and the liberal, through the postulates of social contract (...) theory. Subsequent analysis of these different models however, reveals that these historical models are unable to provide a sufficient philosophical basis for a contemporary justification of tyrannicide. In Part II, it will be contended that a reinvigorated conception of self-defence, a theme common to all three models, when coupled with the modern notion of universal human rights, may provide the foundation for a contemporary theory of tyrannicide. (shrink)

This is the final part of a series of two papers that have examined the conceptual development of the philosophical justifications for tyrannicide. While Part I focused on the classical, medieval, and liberal justifications for tyrannicide, Part II aims to provide the tentative outlines of a contemporary model of tyrannicide in world politics. It is contended that a reinvigorated conception of self-defence, when coupled with the modern understanding of universal human rights, may provide the foundation for the normative validity of (...) tyrannicide in contemporary world politics. (shrink)

Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...) identity, excellence and independence, faith and spirituality, narrative and beauty, and more besides. I term this twin phenomenon—a core of fixed moral duties driven by diverse motives—“moral motive pluralism.” In this article, I marshal evidence to show the prevalence of the phenomenon. Contrary to widespread assumptions, across generations and cultures, diverse motives drive different people to perform their moral duties. But despite this diversity, each different motive impels conscientious compliance with the same core moral duties. I argue this phenomenon undermines key types of evidence commonly employed to justify popular moral philosophies, and provides us with reason to seriously consider certain sorts of ethical theories—especially “functionalist” accounts of morality. (shrink)

This Philosophy Compass article continues the comparison between Confucian and mainstream Western views of personhood and their connection with ethics begun in Confucianism and Ethics in the Western Philosophical Tradition I: Fundamental Concepts , by focusing on the Western self conceived as an independent agent with moral and political rights. More specifically, the present article briefly accounts for how the more strictly and explicitly individualistic notion of self dominating Western philosophy has developed, leading up to a recent debate in modern (...) Western rights theory between Herbert Fingarette and Henry Rosemont, Jr., two contemporary Western philosophers who are both steeped in Confucian thought as well as moral and political philosophy. This discussion elucidates how Confucianism can be compared to, and even contrasted with some basic principles of modern Western rights theory and the more individualistic view of self they entail. In the end, a new view of personhood and "free will"? is offered that synthesizes insights from the Confucian treatment of persons as being essentially interdependent with the Western treatment of persons as being essentially independent. (shrink)

This paper proposes to test the ethical acceptability of four styles of agricultural resource management: (1) contemporary industrial integrated systems agriculture, (2) modern industrial input dependent agriculture, (3) continuous traditional agriculture and (4) non-continuous (or swidden) traditional agriculture. The test of ethical acceptability is whether or not these styles of agricultural resource management embrace or are even compatible with that pattern of practical reasoning and interaction among ethical agents which we have independent theoretic grounds for preferring. The preferred sorts of (...) practical reasoning and interaction are those which we find operating in ethical theories which are strongly committed to letting the discretion of ethical agents construct what is right for them to do. Thus the discussion distinguishes several different strengths of constructivist ethics relating them to the work of John Rawls, Immanuel Kant and Onora O'Neill. Then it argues for the theoretic preferability of one particular strength of constructivist ethic. The paper winds up by arguing that only traditional continuous agriculture embodies the preferred sort of practical reasoning and interaction among ethical agents. Further, I argue that this is the only style of agriculture which can embody such reasoning and patterns of interaction. Thus, as we consider the role of agriculture in our plans of international development, we have one reason to try to favor traditional continuous agriculture. To do otherwise would ignore the ethical superiority of the practical reasoning and patterns of interaction of traditional agriculturalists. (shrink)

The potential contributions information and communication technology (ICT) can make to advancing human capabilities are acknowledged by both the capability approach (CA) and ICT communities. However, there is a lack of genuine engagement between the two communities. This paper addresses the question: How can a collaborative dialogue between the CA and ICT communities be advanced? A prerequisite to exploring collaboratively the potential use of particular technologies with specific capabilities is a conceptual framework within which a dialogue can be undertaken to (...) advance the operationalization of capabilities through the use of ICT. A communicative connection constituted of a dialogic space consisting of the CA and ICT communities and a set of normative values and objectives is proposed. The normative values of the communicative connection are derived from the human right to communicate (RTC) which serves as axiomatic principle of the communicative connection. The shared objectives are to operationalize through the use of ICT both the capability and the right to communicate, which are distinct but present in and reinforce each other. Alternative concepts of communication and freedom of expression to those held by the two communities is presented along with a comparison of the values embodied in the RTC and found in the CA. (shrink)

Early discussions of ?climate justice? have been dominated by economists rather than political philosophers. More recently, analytical liberal political philosophers have joined the debate. However, the philosophical discussion of climate justice remains in its early stages. This paper considers one promising approach based on human rights, which has been advocated recently by several theorists, including Simon Caney, Henry Shue and Tim Hayward. A basic argument supporting the claim that anthropogenic climate change violates human rights is presented. Four objections to this (...) argument are examined: the ?future persons? objection; the ?risk? objection; the ?collective causation? objection; and the ?demandingness? objection. This critical examination leads to a more detailed specification and defence of the claim that anthropogenic climate change violates human rights. (shrink)

This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...) human rights, which are moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights -- that they are normative entitlements prior to and independent of substantive theories of justice -- is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed -- and much greater agreement about international justice should be reached -- before anything more than a very minimal list of international human rights can be justified. (shrink)

Recently, the idea that all rights are positive and costly has come to prominence in international human rights law. This has been taken to imply that there are no reasons to object to providing economic, social, and cultural rights with the same level of protection than civil and political rights. The present contribution aims to reject this undifferentiated view. It argues that even if it is accepted that all rights are in a sense positive and costly, there are still strong (...) grounds for finding the welfare implications of human rights problematic from the perspective of adjudication. (shrink)

In this paper, I engage with the radical critique of human rights moralism. Radical critics argue that: human rights are myopic ; human rights are demobilising ; human rights are paternalistic ; and human rights are monopolistic. I argue that critics offer important insights into the limits of human rights as a language of social justice. However, critics err insofar as they imply that human rights are irredeemably corrupted and they under-estimate the subversive potential of the moral ideas that underpin (...) the discourse. Building on the idea of human rights as claims, I set out the politicising features of human rights as they are deployed in a practical context of disagreement, conflict, and imbalances of power. I illustrate this discussion with reference to the contemporary struggles of irregular migrants. (shrink)

Recent discussions in the just war literature suggest that soldiers have a duty to assume certain risks in order to protect the lives of all innocent civilians. I challenge this principle of risk by arguing that it is justified neither as a principle that guides the conduct of combat soldiers, nor as a principle that guides commanders in the US military. I demonstrate that the principle of risk fails on the first account because it requires soldiers both to violate their (...) strict duty of obedience and loyalty and to exceed their special obligations to protect their fellow comrades, the state, the state's constituents and other protected civilians. I then illustrate that the principle of risk fails on the second account since it conflicts with the commander's primary obligation to protect and promote the welfare and lives of his or her soldiers. I conclude by arguing that we cannot reasonably expect soldiers and commanders to adhere to the principle of risk until there is a radical, institutional-level transformation of militaristic goals, values, strategies, policies, warrior codes and expectations of service members in the US Armed Forces. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

The mass killings, large-scale gang rape and large-scale expulsion of the Rohingyas from Myanmar constitute one of the most repugnant world events in recent years. This article addresses the question of whether armed humanitarian intervention would have been morally permissible to protect the Rohingyas. It approaches the question from the perspective of the jus ad bellum criteria of just war theory. This approach does not yield a definitive answer because knowing whether certain jus ad bellum conditions might have been satisfied (...) is difficult to judge without detailed knowledge of military intelligence assessments. Nevertheless, I argue that there was just cause for intervention according to both liberal and communitarian perspectives; that legitimate authority in the form of United Nations Security Council authorization would not have been morally necessary; that it is doubtful whether permissible intervention would have required humanitarian intent; that in late August 2017, intervention might well have been a last resort, but that morally relevant facts suggest intervention might have been disproportionate and lacked a reasonable chance of success, such that, all things considered, it would have perhaps been impermissible. -/- (Free access via third external link). (shrink)

Education systems are full of harmful violence of types often unrecognised or misunderstood by educators, education leaders, and bureaucrats. Educational violence harms a great number of innocent persons (those who, morally speaking, may not be justifiably harmed). Accordingly, this paper rejects educational violence used to achieve educational ends. It holds that educational violence is unjustified if the condition that innocent persons are harmed is satisfied, that this condition is satisfied in current educational practice (compulsory schooling), and that, therefore, the current (...) education system (schooling) acts in an unjustifiable manner. If the means of educating cannot be justified, then that education system itself cannot be justified, since an end cannot be justifiably pursued if the means requisite to pursuing it are unjustifiable. I call this stance ‘educational pacifism’. (shrink)

In this paper, I develop an epistemological argument for freedom from poverty, building on Gerald Gaus’ work on political and moral disagreement in New Diversity Theory (NDT). NDT argues that diversity and disagreement are fundamental to political and moral learning. In this paper, I address Gaus’ central arguments in NDT, and focus on what I argue to be the key epistemological distinction of his account—namely, the argument that the relevant diversity, which is conducive to political and moral learning and should (...) therefore be protected by an institutional order, should not be defended or defined by reference to its performance with regards to discovery of true beliefs, but by reference to the independent epistemic value of protection of disagreeing, redundant and distant investigators. I develop a restatement of this argument from the perspective of institutional epistemology, and show that (along with constitutional liberties, polycentric self-governance and markets) freedom from poverty must be considered an institutional “device” conducive to such a conception of diversity. While Gaus rejects redistributive policies at the level of an institutional order, it is precisely his account of the epistemic powers of diversity and disagreement which provides the strongest defense of minimal redistribution. (shrink)

Australia's policy of mandatory indefinite detention of those seeking asylum and arriving without valid documents has led to terrible human rights abuses and cumulative deterioration in health for those incarcerated. We argue that there is an imperative to research and document the plight of those who have suffered at the hands of the Australian government and its agents. However, the normal tools available to those engaged in health research may further erode the rights and well being of this population, requiring (...) a rethink of existing research ethics paradigms to approaches that foster advocacy research and drawing on the voices of those directly affected, including those bestowed with duty of care for this population. (shrink)

Large-scale transnational land acquisition of agricultural land in the global south by rich corporations or countries raises challenging normative questions. In this article, the author critically examines and advocates a human rights approach to these questions. Mutually reinforcing, policies, governance and practice promote equitable and secure land tenure that in turn, strengthens other human rights, such as to employment, livelihood and food. Human rights therefore provide standards for evaluating processes and outcomes of transnational land acquisitions and, thus, for determining whether (...) they are ethically unacceptable land grabs. A variety of recent policy initiatives on the issue have evoked human rights, most centrally through the consultation and negotiation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests concluded in 2012. However, a case of transnational land appropriation illustrates weak host and investor state enforcement of human rights, leaving the parties to in interaction with local groups in charge of protecting human rights. Generally, we have so far seen limited direct application of human rights by states in their governance of transnational land acquisition. Normative responses to transnational land acquisition—codes of conduct, principles of responsible agricultural investment or voluntary guidelines—do not in themselves secure necessary action and change. Applying human rights approaches one must therefore also analyze the material conditions, power relations and political processes that determine whether and how women and men can secure the human rights accountability of the corporations and governments that promote large-scale, transnational land acquisition in the global south. (shrink)

Our aim in this paper is to suggest that most current theories of global justice fail to adequately recognise the importance of global public goods. Broadly speaking, this failing can be attributed at least in part to the complexity of the global context, the individualistic focus of most theories of justice, and the localised nature of the theoretical foundations of most theories of global justice. We argue ? using examples (particularly that of protecting antibiotic efficacy) ? that any truly effective (...) theory of global justice must recognise the importance of global public goods. Global public goods confer significant benefits to individuals yet can only be effectively promoted and preserved through collective action and the restriction of individual choice; something which most theories of justice are structurally unequipped to sufficiently promote. (shrink)