Chandran Kukathas has written an ambitious, deeply learned, and engaging book that uses an extensive critique of immigration controls to explore the meanings of.

In recent decades, revisionist philosophers have radically challenged the orthodox just war theory championed by Michael Walzer in the 1970s. This review considers two new contributions to the debate, Benbaji and Statman’s War by Agreement and Ripstein’s Kant and the Law of War, which aim to defend the traditional war convention against the revisionist attack. The review investigates the two books’ respective contractarian and Kantian foundations for the war convention, their contrast with the revisionist challenge, and their points of disagreement. (...) Building on the responses to Ripstein in the edited collection, The Public Uses of Coercion and Force, and providing an overview of the broader debate, the review offers an analysis of the two books’ positions on the relationship between the morality and laws of war, on just cause and the crime of aggression, and on the equality between just and unjust combatants. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

Partiendo del desarrollo de los diferentes enfoques sobre derechos humanos, plantearemos que su reactivación pasa por el necesario debate interno de las instituciones, significados y alcance real de la democracia en el seno de las denominadas sociedades democrático-liberales. Por ello analizaremos las crecientes movilizaciones sociales presentes en buena parte de occidente y profundizaremos en el significado de dos acontecimientos: la virtualidad de un antagonismo en el progresismo político y la urgencia de una alternativa no occidental pero, si, desde Occidente.

When should binding debt contracts not be repaid? This article argues that whenever the repayment of sovereign debt threatens the human rights of the citizenry, this provides a weighty normative reason to prioritize the fulfilment of the latter over the former. Since there are specific, non-coincidental reasons to fear that a high indebtedness of states may result in the undermining of the socio-economic and the collective human rights of a state’s citizenry, the more specific thesis defended in this article is (...) the following: whenever debt repayment undermines the socio-economic and collective human rights of the state´s citizenry, states have a normatively weighty reason to prioritize the fulfilment of the citizen’s human rights over meeting their contractual debt payment obligations vis-à-vis their creditors. (shrink)

Contemporary conceptions and practices regarding complicity have led to the surprising emergence of citizens who seek rather than flee complicity. The purpose of this is to gain standing to challenge controversial state practices. As in the recent Hobby Lobby decision, such attempts to demonstrate complicity are not motivated by a desire to take ownership over state actions, but to justify institutional reforms or individual opt-outs that would not be legitimized absent such a finding of complicity. This article highlights the danger (...) posed by the proliferation of claims of this sort and works to unpack and critique the logic of such efforts to demonstrate complicity. Such claims rely upon implied political meanings of complicity, which affirm a strong connection between complicity, standing, and sovereignty. These political meanings of complicity are embedded in familiar conceptions of liberal democratic citizenship, but upon examination prove to be in tension with core liberal principles. By bringing to the surface the connection between complicity, standing, and sovereignty, this logic may be reformulated in such a way as to contribute to healthier modes of democratic participation. (shrink)

This paper examines the dynamics of hostile takeovers as a form of corporate warfare. There are a number of compelling reasons for believing this to be an accurate approximation to corporate reality and therefore an appropriate analogy. In circumstances where it is all-too easy for either of the protagonists to act unethically, there is an evident need for an appropriate template through which to analyse and evaluate the ethical dilemmas that HT's inevitably raise —whilst also, where possible, employing its prescriptions (...) as a means of corporate conflict resolution. This paper evaluates just war theory as one such template. In seeking a conceptually adaptable framework for analysing, interpreting and articulating antagonistic behaviour during a HT, it became apparent in the course of the research that JWT provided a potentially useful and viable template within which to pursue the above. The research questions centre not necessarily on whether this template could in some way be a substitute for statutory and regulatory constraints on unethical conduct but, rather, whether it might better inform all stakeholders of the importance of ethically informed restraint in the interest of the greater good. (shrink)

Philosophical discussion about citizenship has traditionally focused on the questions of what citizenship is, its relationship to civic virtue and political participation, and whether or not it can be meaningfully exercised at the supra-national level. In recent years, however, philosophers have turned their attention to the legal status attached to citizenship, and have questioned existing principles of citizenship allocation and withdrawal. With regard to the question of who is morally entitled to citizenship, philosophers have argued for principles of citizenship allocation (...) that go beyond birth and lineage, and have focused instead on the value of political attachment and located life plans. These principles have several advantages over existing legal principles, but they suffer from being under-specified, as well as being over and under-inclusive. With regard to loss of citizenship, philosophers have primarily denounced citizenship withdrawal as a form of punishment by appealing to principles of fair and equal treatment. However, theories purporting to show that denationalization is always wrong have trouble explaining why loss of citizenship is so problematic for persons who have committed the most horrendous crimes against their fellow citizens, and who, in so doing, have in effect self-excluded from the political community. (shrink)

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the (...) matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

ZusammenfassungSoziale Faktoren haben einen starken Einfluss auf die Gesundheit und Lebenserwartung. Auch in Wohlfahrtsstaaten bestehen signifikante gesundheitliche Ungleichheiten zwischen besser und schlechter gestellten Bevölkerungsgruppen. Sie werden zunehmend als ein Problem der sozialen Gerechtigkeit wahrgenommen. Public Health dient dem Abbau gesundheitlicher Ungleichheiten und somit der Förderung der sozialen Gerechtigkeit. Obwohl Public Health-Maßnahmen effizienter zur Förderung und Angleichung der Bevölkerungsgesundheit beitragen können als viele medizinische Versorgungen, erhalten sie einen geringeren gesundheitspolitischen Stellenwert. Diese Prioritätensetzung zu Gunsten der Medizin kann als irrational kritisiert werden. (...) Allerdings ist zu beachten, dass die medizinische Versorgung eine hohe symbolische Bedeutung für die Fürsorge und soziale Anerkennung hat, die bei Public Health nicht in gleichem Maße gegeben ist. Gesundheitliche Ungleichheiten sind nicht per se sozial ungerecht, sondern dann, wenn sie auf einer ungerechten Verteilung sozialer Gesundheitsfaktoren beruhen. Diese Faktoren wie z. B. Einkommen und Bildung haben auch unabhängig von ihren gesundheitlichen Auswirkungen eine Bedeutung für die soziale Gerechtigkeit. Daher kann die Gesundheitsgerechtigkeit nicht isoliert, sondern nur im Kontext einer umfassenden Theorie der sozialen Gerechtigkeit bestimmt werden. (shrink)

La democracia del siglo XXI se enfrenta a nuevas imposturas: prácticas comunes en los extintos autoritarismos del siglo XX aparecen ahora como atributos de gobiernos que se declaran democráticos. Se trata, en realidad, de una crisis de identidad de la idea de democracia, que le obliga a reconocer su carácter intrínsecamente abierto y por ello mismo, incierto, lo que remite a su fundamento moral. La revisión de las distintas familias de teorías de la democracia revela que lo que la define (...) es la existencia de salvaguardas constitucionales y poderes limitados que permiten la emergencia de un agente moral autónomo. Pero entonces, se asoma una crisis del sujeto democrático: el régimen democrático, como sistema de separaciones, supone y exige sujetos moralmente comprometidos con la libertad, lo que a su vez peligra en tiempos de modernidad tardía. Palabras clave : incertidumbre; constitucionalismo; autonomía; separaciones; modernidad tardía. Theories of Democracy: Uncertainties and SeparationsDemocracy in the XXI century faces new impostures: practices that were common under the extinct authoritarianisms of the XX century appear now as attributes of self-declared democratic governments. The idea of democracy suffers an identity crisis, which obliges it to acknowledge its own intrinsically open, and thus uncertain, nature; in turn, this directs one to democracy’s moral foundations. The review of the different families of theories of democracy reveals that what defines the latter is the existence of constitutional safeguards and limited powers, which allow for the emergence of an autonomous moral agent. But then, a crisis of the democratic subject becomes visible: the democratic regime, as a system of separations, involves and demands subjects who are morally committed with freedom, which in turn is in jeopardy in times of late modernity. Keywords: uncertainty; constitutionalism; autonomy; separations; late modernity. (shrink)

In an interdependent world of overlapping political memberships and identities, states and democratic citizens face difficult choices in responding to large-scale migration and the related question of who ought to have access to citizenship. In an influential attempt to provide a normative framework for a more just global order, The Law of Peoples , John Rawls is curiously silent regarding what his framework would mean for the politics of migration. In this piece, I consider the complications Rawls’s inattention to these (...) issues creates for his broader vision of global justice. Yet I also attempt to show how these aspects of Rawls’s theory emerge from an underlying tension which confronts all liberal democratic conceptions of justice, both in theory and in practice. In my conclusion, I sketch an alternative rooted in the insights of agonistic pluralism, which “breaks” the Rawlsian silence and actively theorizes the democratic legitimation of political borders. (shrink)

. Philia and pedagogy ‘side by side’: the perils and promise of teacher–student friendships. Ethics and Education: Vol. 7, Creating spaces, pp. 211-223. doi: 10.1080/17449642.2013.766541.

The point of departure in this article is the Danish debate about democracyin schools. This article presents a first step in a study of how the relationshipbetween democracy and education can be understood. A juxtaposition of thetwo concepts requires, first of all, an analysis of how the concept of democracyis used in the educational debate. In this article three models of democracy areapplied as an analytical framework: a liberal model (Hobbes, Locke, Kant, Rawls,Dworkin), a communitarian model (MacIntyre, Sandel, Nussbaum) and (...) a communicative/deliberativemodel (Walzer, Benhabib, Taylor, Habermas). Numerous contradictions and tensionsbetween concepts of democracy and education can be found in such a juxtaposition,depending on which conception of democracy one chooses to apply. In this articleI discuss which conception affords us the most meaningful concept of democraticteaching. As an introduction, a brief historical overview of the interplay betweendemocracy and education in Danish school is provided. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

Political theorists, increasingly, are realizing the virtues of contextuality to conceptual analysis. Just as theory may provide useful standards for the assessment of political practices, so may application of theoretical constructs within particular contexts provide a critical corrective to theory. This essay relates work undertaken within sociolegal studies applying a constitutive methodology to such efforts to contextualize political theorizing. The essay describes how the emphasis placed by constitutive theory on locality and meaning entails a contextual analysis. The essay then demonstrates (...) how a constitutive and contextual approach can enhance our understanding of the moral issues surrounding differentiated citizenship policy. While the most obvious cost associated with differentiated citizenship policy is a loss in formal equality, a contextual assessment demonstrates the prospect of an even deeper, though ultimately contingent, moral loss in self-invention. (shrink)

The number of refugees in the world amounts to more than one percent of the entire world population. This essay is an attempt to think about this question and assess the literature that addresses it, especially from the standpoint of ethics and political theory, and a grounding in real-world problems. The paper is intended as an introductory discussion for those interested in the debates about who should qualify for refugee status, especially in light of the predicament of Central Americans fleeing (...) from the disorder. It pays special attention to the claim that the US has reparative obligations to Central American countries owing to US interventionist policies. (shrink)

This article presents a radical claim: American medical ethics is broken, and it needs love to be healed. Due to a unique set of cultural and economic pressures, American medical ethics has adopted a mechanistic mode of ethical reasoning epitomized by the doctrine of principlism. This mode of reasoning divorces clinicians from both their patients and themselves. This results in clinicians who can ace ethics questions on multiple‐choice tests but who fail either to recognize a patient's humanity or to navigate (...) the ethical quandaries into which they are frequently thrown. Drawing on personal experience as well as the philosophical work of Augustine of Hippo, Simone Weil, and Iris Murdoch, we propose a novel ethical approach grounded in a conception of neighbor love, specifically, the virtue of love understood as attention to a sufferer's humanity. We conclude with five practical recommendations for reimagining medical ethics education oriented around the virtue of love. (shrink)

The welfare state, once seen as the best institutional response to people in need, has steadily come under pressure, as much from shrinking state capacities as from neo-liberal advocates of individual responsibility. Still, despite decline of the post-war consensus on the efficacy of the welfare state, social ‘vulnerability’ still remains the key focus of public policy. However, though much in use in contemporary political discourse, the logical and practical implications of social vulnerability remain unclear. Its essential subjectivity – it is (...) the ‘feeling of vulnerability’ which makes one vulnerable – turns the concept into a catch-all variable, impeding rigorous theoretical and empirical analysis. I respond to this problem with a ‘vulnerability-responsibility’, model. Its parameters include a ‘responsive’ state, an active civil society and a participatory political environment, bolstered by the assertion of agency of the vulnerable. With India as an empirical exemplar, the essay shows how ‘nested’ vulnerability – a community of pro-active citizens in need of urgent and vital assistance - in the backdrop of a responsive state and competitive, robust and resilient political participation, can generate a sustainable, context-relevant process to cope with the problem of social vulnerability. The model, currently aimed at vulnerable citizens in a democratic state, has the potential of being extended to non-democracies as well as vulnerable non-citizens into its domain. (shrink)

What does it mean to be irresponsible in developing or using a technology? There are two fundamentally different answers to this question and they each generate research strands that differ in scope, style and applicability. To capture this difference, I make use of two mythical creatures of Jewish origin that have been employed in the past to represent relationships between man and man-made entities: the Golem (Collins and Pinch, 2002, 2005 ) and the Leviathan (Hobbes, 1994 ). The Golem is (...) the traditional image of technology as a creature that can be helpful but needs to be controlled. Irresponsibility in this perspective is the failure to exercise control. The Leviathan is the image of technology as a difficult compromise between fundamental values. Irresponsibility is in this perspective is allowing some values to systematically dominate others. Having worked out the basics of these images, I show that each comes with its specific methodological challenges: where the Golem gives rise to the Collingridge Dilemma of control, the Leviathan gives rise to Münchhausen’s trilemma of justification. Since the Golem image is predominant in scholarship on irresponsibility, I conclude with an appeal for a more equal distribution of efforts in conceptualizing technologies as Golems and as Leviathans. (shrink)

In this paper, I consider what one might call a negative-critical turn in egalitarian political theorizing, according to which egalitarians should not begin with a positive account of how a society...

Migration often causes what I refer to in this paper as ‘anti-immigration backlashes’ in receiving countries. Such reactions have substantial costs in terms of the undermining of national solidarity and the diffusion of political distrust. In short, anti-immigration backlashes can threaten the social and political stability of receiving countries. Do such risks constitute a reason against permissive immigration policies which are otherwise desirable? I argue that a positive answer may depend on a skeptical view based on the alleged constraints that (...) certain political facts - especially facts about human nature - pose on political intervention. This view does not stand conceptual and empirical scrutiny in the case of anti-immigration backlashes, where feasibility comes in degree. Yet focusing on the recalcitrance to change of these facts is practically important when devising action plans. This pragmatic core of the skeptical view yields a gradualist and naturalistic way of thinking about constraints in political theorising about migration, and elsewhere. (shrink)

Much of the debate around temporary foreign worker programs in recent years has focused on full or partial access to rights, and, in particular, on the extent to which liberal democratic states may be justified in restricting rights of membership to those who come and work on their territory. Many accounts of the situation of temporary foreign workers assume that a full set of rights will remedy moral inequities that they suffer in their new homes. I aim to show two (...) things: first, and based on experiences reported by former Live-in-Caregivers in Canada who now have access to the full set of citizenship rights, and German citizens who are descendants of Kurdish guestworkers in Germany, I have proposed that even after gaining citizenship, many of them experience social stigma and a sense of exclusion. Second, I have argued that this neglects a basic need that individuals have, which is to have access to relational resources within society in order to be protected against social deprivation. This need is seemingly immune to be effectively protected through the known catalogue of social, civic and political rights. Instead, I argue that social deprivation needs to be analyzed through the lens of institutional vulnerability to yield an analysis of the moral obligations of liberal democratic states. (shrink)

There is an awakening of interest in links between geography and moral philosophy, or ethics. This paper reviews a range of issues where common ground might be found on this new disciplinary interface. These issues include the historical geography of moralities, the notion of moral geographies, inclusion and exclusion in the context of the bounding of spaces, and the moral significance of distance and proximity, as well as the more familiar concern with social justice. Environmental ethics provides a link with (...) the physical side of the subject. Some suggestions are made as to the possible contribution of geography to the understanding of moral issues. (shrink)

Most accounts of immigration ethics implicitly rely upon neoclassical migration theory, which understands migration as the result of poverty and unemployment in sending countries. This paper argues that neoclassical migration theory assumes an account of the human person as solely an autonomous rational agent which then leads to ethics of migration which overemphasize freedom and self-determination. This tendency to assume that migration works as neoclassical migration theory describes is shared by political philosophers, such as Joseph Carens, Michael Walzer, and David (...) Miller. This paper argues that all three philosophers incorrectly frame migration as a contest between the freedom of the migrant and the communal self-determination of the political community. Migration systems theory is presented as a theory that draws upon a relationally embedded understanding of autonomy in order to begin to develop a migration systems ethics. This paper concludes by arguing that the central ethical category for an ethics of migration is not freedom or self-determination, but justice-in-relation. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

The immigration debate in political theory has produced a series of accounts that justify the state’s right to exclude potential immigrants, where the right of self-determination figures prominently. We challenge two prominent accounts of the self-determination-based right to exclude and defend a circumscribed right to exclude and a corollary duty to admit immigrants, based on our ‘people relationship goods’ account of self-determination. Our conception reconciles the moral claims of global opportunity migrants with the well-being and non-alienation interests of the locals. (...) It therefore provides a principled answer to the philosophical question underlying pressing political conflicts today, namely what is the permissible scope of exclusion by self-determining political communities, in light of weighty global moral demands of inclusion. (shrink)

The current international asylum regime recognizes only persecuted persons as rightful asylum applicants. The Geneva Convention and Protocol enumerate specific grounds upon which persecution is recognized. Claimants who cannot demonstrate a real risk of persecution based on one of the recognized grounds are unlikely to be granted asylum. This paper aims to relate real-world practices to normative theories, asking whether the Convention’s restricted preference towards persecuted persons is normatively justified. I intend to show that the justifications of the persecution criterion (...) also apply to grounds currently lacking recognition. My main concern will be persecution on the grounds of gender.The first section introduces the dominant standpoints in theories of asylum, which give different answers to the question of who should be granted asylum, based on different normative considerations. Humanitarian theories base their claims on the factual neediness of asylum-seekers, holding that whoever is in grave danger of harm or deprivation should be granted asylum. Political theories base their justifications on conceptions of legitimacy and membership, holding that whoever has been denied membership in their original state should be granted asylum. Under political theories, Matthew Price’s theory will be discussed, which provides a normative justification of the currently recognized persecution criterion. The second section provides a descriptive definition of persecution based on Kuosmanen, and evaluates the normative relevance of the different elements of this definition based on the theories presented previously. The third section is devoted to the examination of the normative justifiability of the nexus clause’s exclusive list of the bases upon which persons might be persecuted. The section argues that while the clause does not recognize that persecution might be based on gender, in fact many women experience harms based on gender that fulfil all the normatively relevant definitive conditions constituting persecution. The conclusion shows that although the current law’s preferences towards the persecuted are justifiable, the nexus clause’s limiting enumeration of grounds is not. This applies especially to the exclusion of gender as grounds for granting asylum.Article first published online: 21 DEC 2015. (shrink)

“And don’t come telling that justiceis anything but justice, that it’s duty,expediency, advantage, profit,interest, and so on … ”(Badiou 2012, p. 14)I am delighted to present this special issue, wh...

Given the inevitability of scarcity, should public institutions ration healthcare resources so as to prioritize those who contribute more to society? Intuitively, we may feel that this would be somehow inegalitarian. I argue that the egalitarian objection to prioritizing treatment on the basis of patients’ usefulness to others is best thought of as semiotic: i.e. as having to do with what this practice would mean, convey, or express about a person's standing. I explore the implications of this conclusion when taken (...) in conjunction with the observation that semiotic objections are generally flimsy, failing to identify anything wrong with a practice as such and having limited capacity to generalize beyond particular contexts. (shrink)

It is widely believed that the nature of love and friendship precludes them from being bought or sold. It will be argued in this paper that this view is false: There is no conceptual bar to the commodification of love and friendship. The arguments offered for this view will lead to another surprising conclusion: That these goods are asymmetrically alienable goods, goods whose nature is such that separate arguments must be provided for the views that they can be bought and (...) sold. The possibility of asymmetric alienability has not yet been recognized in the literature on commodification. (shrink)

Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...) may be partially silenced and excluded by mainstream criminal justice practices which limit interaction between offenders and practitioners. When we ignore significant harms, or silence and exclude, we treat others as passive non-subjects. This partially objectifies offenders, and is inconsistent with treatment as equals. Penal theories employing harm-centred and harm-normalizing definitions of punishment can provide few resources to help practitioners either avoid, or recognize and respond to, harms. Care ethics, by contrast, motivates the avoidance of harm, ongoing inclusive engagement, and respectful interaction with others. I argue that defining punishment without presupposing harm facilitates the identification of morally problematic harms, and recognition of caring practices. I offer a principled argument, and political and pragmatic supplementary arguments, for responding to offenders without intentional harm and with care. Principles drawn from care ethics can help to strengthen mainstream criminal practices by structuring decision-making and action. Bottom-up alternative criminal justice practices share some values with these proposed guiding principles, allowing a partial test of the principles. I consider examples of restorative justice practices, therapeutic jurisprudence, community justice and other problem-solving court practices, in addition to considering how well mainstream punishment practices measure up to these principles. My analysis illuminates the strengths and weaknesses of the principles, and how they might contribute to securing treatment as equals for offenders in mainstream practices. (shrink)

In Markets Without Limits and a series of related papers, Jason Brennan and Peter Jaworski argue that it is morally permissible to buy and sell anything that it is morally permissible to possess and exchange outside of the market. Accordingly, we should open markets in “contested commodities” including blood, gametes, surrogacy services, and transplantable organs. This paper clarifies some important aspects of the case for market boundaries and in so doing shows why there are in fact moral limits to the (...) market. I argue that the case for restricting the scope of the market does not turn on the idea that some things are constitutively non-market goods; it turns instead on the idea that treating some things according to market norms would threaten the realization of particular kinds of human interests. (shrink)

What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must also agree on limiting (...) the impact of gentrification on peoples’ lives. Limiting gentrification’s impact, however, does not entail halting processes of gentrification once and for all. (shrink)

To say health is 'special' is to say that it has a moral significance that differentiates it from other goods (cars, say or radios) and, as a matter of justice, warrants distributing it separately. In this essay, I critique a new justification for the specialness thesis about healthcare (STHC) recently put forth by Engster. I argue that, regrettably, Engster's justification of STHC ultimately fails and fails on much the same grounds as have previous justifications of STHC. However, I also argue (...) that Engster's argument still adds something valuable to the debate around STHC insofar as it reminds us that the moral significance of healthcare may be wider than simply its effect on the incidence of disability and disease: one further reason we may think healthcare is morally significant is because it concerns the treatment and care of those who are already unwell. (shrink)

Korean civil society is often criticized because of its dual nature, that is, the paucity of social capital in everyday life and the plethora of collective political actions in the national civil society. Although liberals view such duality as the critical impediment to Korea’s authentic democratization, which would represent a fundamental, liberal-pluralist transformation of Korean society, this article rather acknowledges its cultural uniqueness and utilizes it as the basis on which to construct a Korean non-liberal democracy that is culturally pertinent (...) and politically viable. First, this article critically re-examines the recent neo-Tocquevillian praise for social capital in light of Tocqueville’s original idea on the art of association, and reveals the liberal-individualistic assumption behind them, with which Confucian-Koreans are culturally unfamiliar. It presents a Korean version of Confucian civil society to promote democratic collective self-government and common citizenship, while rejecting modern Western moral individualism. (shrink)

The paper is concerned with whether the reductio of the natural-harm-argument can be avoided by disvaluing non-human suffering and death. According to the natural-harm-argument, alleviating the suffering of non-human animals is not a moral obligation for human beings because such an obligation would also morally prescribe human intervention in nature for the protection of non-human animal interests which, it claims, is absurd. It is possible to avoid the reductio by formulating the moral obligation to alleviate non-human suffering and death with (...) two constraints: The first concerns the practicability of intervention and establishes a moral obligation to intervene only in cases where this is humanly possible. The other constraint acknowledges that lack of competence in humans can risk producing more harm than good by intervening. A third way of avoiding the problematic version of the natural-harm-argument considers whether human and non-human suffering and death are sufficiently different to allow different types of responses. I argue that the attempt to avoid the reductio of the natural-harm-argument by disvaluing non-human death can only work with an anthropocentric bias, which accords to non-human suffering and death a fundamentally different value and that it fails to dismiss the moral obligation created by the harm that non-human animals face in the wild. (shrink)

According to ‘global institutionalism,’ individuals who do not share a state have duties of justice to one another, and this is explained, in part, by the institutional connections that obtain between them. In this chapter, I defend this view against two challenges. First, I consider challenges raised by ‘non-institutionalists,’ who deny that facts about global institutional interaction bear on the nature of duties of justice that arise between particular individuals. Second, I address challenges posed by ‘domestic institutionalists,’ who accept the (...) claim that facts about institutional interaction bear upon the scope of justice but deny that the right sort of interaction necessary to ground duties of justice is found in the global domain. (shrink)