In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or pragmatic grounds for rejecting (...) or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of “moral division of labor”; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political‐pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political‐pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing. (shrink)

Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law and policy.

The paper argues that the idea of prima facie rights implies insurmountable difficulties in connection with the function such rights are said to have in a scheme of justice. G vlastos's version of prima facie rights theories is scrutinized as typical and more advanced than others. The paper shows that natural rights are contextually absolute; they cannot (morally) be overruled in a context of normal political circumstances but may have to be disregarded whenever politics is impossible. Vlastos's insight is preserved (...) without sacrificing the integrity of a scheme of justice based on natural rights. (shrink)

rally best suited’. One would ordinarily suppose social justice to concern not only the allocation of duties but also the distribution of benefits. I argue that this expectation is fulfilled not by Plato’s conception of social justice, but by the normative basis for it, Plato’s requirement of aiming at the happiness of all the citizens. I argue that Plato treats social justice as a necessary but not sufficient means to happiness that guarantees only the production of the greatest goods; ensuring (...) that these goods are distributed so as to maximize the happiness of the whole city.. (shrink)

The death of a person is a tragedy while the explosion of a lifeless galaxy is a mere firework. The moral difference is grounded in the nature of humans: humans have intrinsic worth, a worth that makes their fate really matter. This is the worth proposed as the foundation of ethics. Ethics in the usual sense of right and wrong actions, rights and virtues, and how to live a good life, is founded on something more basic that is not itself (...) about actions, namely the worth of persons. Human moral worth arises from certain properties that distinguish humans from the rest of creation (though some animals share a lesser degree of those properties): rationality, consciousness, the ability to act for reasons, emotional structure and love, individuality. This complex package makes humans the "piece of work" of which Hamlet says, “How noble in reason, how infinite in faculty." The Worth of Persons establishes a foundation for ethics in the equal worth of persons, which makes ethics absolutely objective and immune to relativist attacks because it is based on the metaphysical truth about humans. Endless debate about ethical dilemmas, rules, and principles fails to connect with what is really important ethically, that is, what makes humans matter. (shrink)

It stands to reason that a criterion is needed that can serve as a common denominator for weighing or assessing different values or ideals. Dignity is offered as a possible candidate, to be presented from religio-legal and cross-cultural vantages. A definition will be offered for dignity and its parts defended throughout the paper. The approach is not only not rigorously analytic – there are no case studies – but is instead a presentation of topic areas where we should expect to (...) find the concept of dignity to be relevant. Utilizing a rights-moral and duties-ethical framework, it is in essence an argument for further elevating the prestige of dignity so that it might provide a widely-accepted groundwork for ethics and morality.. (shrink)

The idea that all human beings have equal moral worth has been challenged by insisting that this is utterly counter-intuitive in the case of individuals like, for instance, Hitler on the one hand and Schweitzer on the other. This seems to be confirmed by a hypothetical in which one can only save one of the two: intuitively, one clearly should save Schweitzer, not Hitler, even if Hitler does not pose a threat anymore. The most natural interpretation of this intuition appeals (...) to unequal moral worth. Jeremy Waldron has recently tried to meet this challenge by giving a different interpretation, thereby trying to explain away the counter-intuitive implications of the basic equality doctrine in this case, and by suggesting that the rejection of basic equality comes with counter-intuitive implications of its own. I shall argue that Waldron’s response to the challenge fails on both counts. (shrink)

This essay questions what is argued by many scholars today, namely that the moral concept of human dignity provides the basis for the establishment of human rights. More specifically, I critically discuss the two most prominent conceptions of human dignity, the ‘status’ and the ‘value’ conceptions of dignity, which are suggested today as the foundations of human rights. Ultimately, I propose a different, ‘duty-based’ philosophical account for the justification of the latter.

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

This essay defends a three-dimensional response-model theory of recognition of persons, and discusses the related phenomenon of recognition of reasons, values and principles. The theory is three-dimensional in endorsing recognition of the equality of persons and two kinds of relevant differences: merits and special relationships. It defends a ‘response-model’ which holds that adequacy of recognition of persons is a matter of adequate responsiveness to situation-specific reasons and requirements. This three-dimen- sional response-model is compared to Peter Jones’s view, which draws the (...) distinction between status and merit recognition, and mediated and unmediated recognition. The essay discusses a number of questions related to how recognition of situation-specific reasons, and more general values and principles, is related to recognition of persons. The three- dimensional response-model of recognition of persons is in principle compatible with a constructivist view, which holds that the validity of values and principles is dependent on acknowledgement or endorsement. But even if one is a realist on that issue and thinks of validity as independent of acknowledgement, acknowledging relevant values, reasons and principles is a hugely important precondition of actual interpersonal recognition. The essay analyses these connections. (shrink)

We defend a scalar theory of the relationship between material scarcity and justice. As scarcity increases beyond a specified threshold, we argue that deontological egalitarian constraints should be gradually relaxed and consequentialist considerations should increasingly determine distributions. We construct this theory by taking a bottom-up approach that is guided by principles of medical triage. Armed with this theory, we consider the range of conditions under which justice applies. We argue that there are compelling reasons for thinking that justice applies under (...) a far broader range of conditions than is standardly supposed, including those that could sensibly be labelled as conditions of extreme rather than moderate scarcity. (shrink)

Abstract Scholarship on the Symposium is dominated by a debate on interpersonal love started by Gregory Vlastos in his article, `The Individual as an Object of Love in Plato.' This paper argues that this debate is a misguided one, because it is not reflective of the central concerns of this text. Attention needs to be turned to the broader ethical questions posed about the ends of life, the nature of human happiness, and contemplation. Failure to do so will mean that (...) the Symposium continues to be eclipsed as a key resource in central debates in Platonic ethics. (shrink)

"Reason is not passion's slave." Rather, the author argues, reason appraises the cultural appropriateness of passion, thus directing our attitudinal behaviour. He refutes those theories of value which correspond philosophically to societies described by Jean-Jacques Rousseau: societies of "honour without virtue, reason without wisdom, pleasure without happiness." His argument, which takes into account traditional philosophic positions, is divided into five parts: Attitudes, Evaluation, Characterization, Culture, Morality.

BackgroundCurrent guidelines do not clearly outline when assent should be attained from paediatric research participants, nor do they detail the necessary elements of the assent process. This stems from the fact that the fundamental justification behind the concept of assent is misunderstood. In this paper, we critically assess three widespread ethical arguments used for assent: children’s rights, the best interests of the child, and respect for a child’s developing autonomy. We then outline a newly-developed two-fold justification for the assent process: (...) respect for the parent’s pedagogical role in teaching their child to become an autonomous being and respect for the child’s moral worth.DiscussionWe argue that the ethical grounding for the involvement of young children in medical decision-making does not stem from children’s rights, the principle of best interests, or respect for developing autonomy. An alternative strategy is to examine the original motivation to engage with the child. In paediatric settings there are two obligations on the researcher: an obligation to the parents who are responsible for determining when and under what circumstances the child develops his capacity for autonomy and reasoning, and an obligation to the child himself. There is an important distinction between respecting a decision and encouraging a decision. This paper illustrates that the process of assent is an important way in which respect for the child as an individual can be demonstrated, however, the value lies not in the child’s response but the fact that his views were solicited in the first place.SummaryThis paper demonstrates that the common justifications for the process of assent are incomplete. Assent should be understood as playing a pedagogical role for the child, helping to teach him how specific decisions are made and therefore helping him to become a better decision-maker. How the researcher engages with the child supports his obligation to the child’s parents, yet why the researcher engages with the child stems from the child’s moral worth. Treating a child as having moral worth need not mean doing what they say but it may mean listening, considering, engaging or involving them in the decision. (shrink)

Following the recommendations of the US National Academy of Sciences and the mandates of the 1987 Nuclear Waste Policy Amendments Act, the US Department of Energy has proposed Yucca Mountain, Nevada as the site of the world's first permanent repository for high-level nuclear waste. The main justification for permanent disposal (as opposed to above-ground storage) is that it guarantees safety by means of waste isolation. This essay argues, however, that considerations of equity (safer for whom?) undercut the safety rationale. The (...) article surveys some prima facie arguments for equity in the distribution of radwaste risks and then evaluates four objections that are based, respectively, on practicality, compensation for risks, scepticism about duties to future generations, and the uranium criterion. The conclusion is that, at least under existing regulations and policies, permanent waste disposal is highly questionable, in part, because it fails to distribute risk equitably or to compensate, in full, for this inequity. (shrink)

Justice requires that the significant differences between the way contemporary American law treats children and adults be grounded in some morally relevant difference between them. ;The Supreme Court has generally cited three commonly held beliefs about how children are different from adults: their vulnerability to harm, their lack of mature judgment, and the importance of the parental role in their lives. ;This dissertation argues that, granting the courts those differences, as well as principles of justice considered to be absolute in (...) adult contexts, decision-making in children's rights cases is rife with inconsistencies. ;The decisions are not consistent in cases involving children and adults who are physically incapacitated. They are not consistent in cases involving children and adults who are mentally incapacitated. Finally, on either of the legal system's interpretations of the parental role, many decisions in children's rights cases violate fundamental constitutional principles. ;The basis of the inconsistent decision-making is determined to be the presumption that children as a class are utterly "different," and that, therefore, their rights can be granted or withheld according to an entirely different standard. ;Finally, a solution to the problem of children's rights is located in the legal doctrine of suspect classes. (shrink)

When philosophers consider what moral status human beings have, they tend to find themselves either supporting the idea that not all human beings are rightholders or adopting what Peter Singer calls a 'speciesist' position, where speciesism is defined as morally favoring a particular species—in this case, human beings—over others without sufficient justification. In this paper, I develop what I call the 'genetic basis for moral agency' account of rightholding, and I propose that this account can allow all human beings to (...) be rightholders without being speciesist. While my aim is to set out this account clearly rather than to defend it, I explain how this account is different from a potentiality account and I argue that it is preferable to an actual moral agency account of human moral status. (shrink)

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

This article suggests first that the concept of interpersonal recognition be understood in a multidimensional (as opposed to one-dimensional), practical (as opposed to symbolic), and strict (as opposed to broad) way. Second, it is argued that due recognition be seen as a reason-governed response to evaluative features, rather than all normativity and reasons being seen as generated by recognition. This can be called a response-model, or, more precisely, a value-based model of due recognition. A further suggestion is that there is (...) a systematic basis for distinguishing three dimensions of recognition, depending on whether recognition is given to someone qua a person, qua a certain kind of person, or qua a certain person. Finally, it is argued that recognition is a necessary condition of personhood, but whether it is of direct or indirect relevance depends on our theories of personhood (social vs. capacity-theory) and practical identity (dialogical definition model vs. feature-model). Despite the apparent opposition, it is shown that interpersonal recognition is both a response to value and a precondition of personhood. (shrink)

This essay offers a way to avoid a clash between reasons of love and reasons of ethics that stems from a difference in the conception of the moral value of people. In moralities of lovers, the loved ones are due to be accorded a value superior to that of other people, whereas in ethics there is an inescapable presumption that people have a value that is equal among them. The usual way to avoid this clash has been either to make (...) room in the ethical arsenal for reasons relating to particular agents, agent-relative reasons, or to acknowledge that love-grounded reasons legitimately compete with ethical reasons and that we need a method of negotiating them. Both escapes have serious problems. The essay proposes a third way. The first step is to reshape the notion of ’love,’ in a direction where important characteristics of our common understanding are kept, notably the loved ones’ uniqueness and incomparability, while the characteristic that is problematic in the present context would be eliminated, namely the you-and-me character of love that gives rise to reasons that are wholly personal and partial. The second step is to show how such a reformed notion of love coheres with the assumption of equal value. And the third step is, through this connection, to change our understanding of love as reason-giving, from generating reason directly to generating reason indirectly. This involves a shift of focus from reason to meta-reason, viz. that which makes our system of, or competence for, normative reasons reasonable. The advantage of the proposed solution would not only be that clash between reasons of love and reasons of ethics is avoided, but also that ethical reasons are seen as underpinned by love, which moreover offers the best ultimate explanation of them. (shrink)

ABSTRACTThis paper explores the international implications of liberal theories which extend justice to sentient animals. In particular, it asks whether they imply that coercive military intervention in a state by external agents to prevent, halt or minimise violations of basic animal rights can be justified. In so doing, it employs Simon Caney's theory of humanitarian intervention and applies it to non-human animals. It argues that while humane intervention can be justified in principle using Caney's assumptions, justifying any particular intervention on (...) behalf of animals is much more difficult – and in present circumstances impossible. If these claims are correct, a number of important conclusions follow. First, all states lack legitimacy because of the horrors that they inflict upon animals. As a result of this, all states are prima facie liable to intervention by external agents. To remedy this situation, all states have the responsibility to massively transform their relationsh... (shrink)

Liberalism is often under attack because of its alleged excessive "formalism". In the words of one of its main contemporary defenders, "the defining feature of liberalism is that it ascribes certain fundamental freedoms to each individual. In particular, it grants people a very wide freedom of choice in terms of how they lead their lives".1 In more continental language, this core idea has been summarized in the statement that what liberalism is all about is "the handling and organization of the (...) conditions in which freedom can be realized".2 For liberals, individuals must be recognized as the ultimate arbiters of what gives value to their own existences, and the liberal principle of legitimacy is not satified whenever the state seeks to impose any particular comprehensive doctrine about the good life.From many sides, however, it is said that an acceptable society in which to live needs a more substantial conception of the good, without which individuals are uprooted and anonymous.3 Somewhat along the lines of the traditional criticism of the Kantian doctrine, turning upon its focus on procedure and universalism to the detriment of content and particularism, contemporary liberalism is sometimes seen as an empty morality that, abstracting as it does from experience, is not able to provide the ethical resources necessary to ground acceptable pragmatic policies.4 I want to argue instead that, at least from one point of view, liberalism in all its versions is not formal enough. There is, I will claim, a specific problem with respect to which an important substantive aspect is surreptitiously introduced into the theory: the problem of moral status. As my argument unfolds, I shall deal with three different senses of "formal": formal as procedural, formal as neutral, and formal as analytic. (shrink)

Universal human rights and particular cultural identities, which are relativistic by nature, seem to stand in conflict with each other. It is commonly suggested that the relativistic natures of cultural identities undermine universal human rights and that human rights might compromise particular cultural identities in a globalised world. This article examines this supposed clash and suggests that it is possible to frame a human rights approach in such a way that it becomes the starting point and constraining framework for all (...) non-deficient cultural identities. In other words, it is possible to depict human rights in a culturally sensitive way so that universal human rights can meet the demands of a moderate version of meta-ethical relativism which acknowledges a small universal core of objectively true or false moral statements and avers that, beyond that small core, all other moral statements are neither objectively true nor false. (shrink)

The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources (...) are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: - Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. - With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). - Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement. (shrink)

This paper discusses Rawls’s thesis that the social basis of self-respect is one of the primarysocial goods. While the central element of the social basis consists in the attitudes of others(e.g. respect or esteem) the social basis may include also possession of various goods. Further,one may distinguish, following Honneth, universalistic basic respect from differential esteem andfrom loving care. This paper focuses on esteem, and further distinguishes three importantvarieties thereof (anti-stigmatization; contributions to societal goods, projects of self-realization),which all differ from recognition (...) of cultural identity. The normative implications will differ in these different contexts. (shrink)