World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

This article discusses two normative questions raised by cases of colonial settlement. First, is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what conditions? Second, should settler countries ever take steps to undo wrongful settlement, by enforcing repatriation and return? The article argues that it is wrong to settle in another country in cases where one comes with intent to colonize the population against their will, or one possesses an adequate territorial base somewhere (...) else, lacks an urgent interest in moving, and seeks to settle in a new place under conditions where settlement would severely harm the practices of prior occupants. It also argues for a presumption of repatriation and return in the first generation of wrongful settlement and holds that these remedies may be extended to second and higher generations in some – but not all – cases. (shrink)

Cap-and-trade systems for greenhouse gas emissions are an important part of the climate change policies of the EU, Japan, New Zealand, among others, as well as China and Australia. However, concerns have been raised on a variety of ethical grounds about the use of markets to reduce emissions. For example, some people worry that emissions trading allows the wealthy to evade their responsibilities. Others are concerned that it puts a price on the natural environment. Concerns have also been raised about (...) the distributional justice of emissions trading. Finally, some commentators have questioned the actual effectiveness of emissions trading in reducing emissions. This paper considers these three categories of objections – ethics, justice and effectiveness – through the lens of moral philosophy and economics. It is concluded that only the objections based on distributional justice can be sustained. This points to reform of the carbon market system, rather than its elimination. (shrink)

J. S. Mill's role as a transitional figure between classical and egalitarian liberalism can be partly explained by developments in his often unappreciated economic views. Specifically, I argue that Mill's separation of economic production and distribution had an important effect on his political theory. Mill made two distinctions between economic production and the distribution of wealth. I argue that these separations helped lead Mill to abandon the wages-fund doctrine and adopt a more favorable view of organized labor. I also show (...) how Mill's developments impacted later philosophers, economists, and historians. Understanding the relationship between Mill's political theory and economic theory does not only matter for Mill scholarship, however. Contemporary philosophers often ignore the economic views of their predecessors. I argue that paying insufficient attention to historical political philosophers' economic ideas obscures significant motivations for their political views. (shrink)

În acest capitol îmi revine sarcina de a prezenta unul dintre cele mai influente și mai dinamice curente din filosofia politică actuală. Este vorba, desigur, despre curentul care dă titlul acestui capitol: egalitarianismul.

One of the main lessons to be learned from the Greek crisis is that large scale supranational communitarisation is a danger for democracy if mutual obligations between members undermine substantially the possibilities of political choice for the single member states. I argue that a well-balanced relation between responsibility, solidarity, performance incentives and democracy involves taking subsidiarity serious, as well as to admit a certain amount of institutional flexibility. This flexibility is demanded especially in the case of large scale communities which (...) include countries as members, like the EU, and in which the basic ideas of social, economical and financial policy are rather heterogeneous. Democracy, responsibility and solidarity must be in a well balanced relation for any community to function and to be generally acceptable to the citizens. This includes the defence of rather ambitious forms of civil participation and sovereignty of the people against the paternalistic pretensions of experts or of political and cultural elites. And responsibility ―as a basic condition for democracy― requires that the design of the contractual basis of the EU must make possible that voting communities really assume responsibility for their decisions, which includes bearing possible negative consequences of these decision on themselves. Preserving a certain leeway for differing decisions about economical, financial or social questions is necessary for giving democratic substance to the demand of the primacy of politics. This puts serious limits to ambitions for treaty-based supranational communitisations. (shrink)

In the age of globalization, and increased interdependence in the world that we face today, there is a question we may have to raise: Do we need and could we attain a world government, capable of insuring the peace and facilitating worldwide well-being in a just and efficient manner? In the twenty chapters of this book, some of the most prominent living philosophers give their consideration to this question in a provocative and engaging way. Their essays are not only of (...) wide theoretical interest but also provide a thought-provoking approach to this most timely and urgent issue. A wide range of perspectives are represented here. -/- The authors include Richard Falk, Michael Walzer, Thomas Pogge, Larry May, Alfred Rubin, Stanley Hoffman, Jan Narveson, Virginia Held, Pauline Kleingeld and Luis Cabrera. Jovan Babic is Professor of Ethics at the University of Belgrade and Visiting Professor at Portland State University. Petar Bojanic is Senior Research Fellow at the Centre for Ethics, Law and Applied Philosophy (CELAP) as well as the Institute of Philosophy and Social Theory (Belgrade). (shrink)

Should egalitarian justice be qualified by an agent-relative prerogative to act on a preference for—and thereby in a manner that gives rise to or preserves a greater than equal share of the goods of life for—oneself, one's family, loved ones, or friends as compared with strangers? Although many would reply that the answer to this question must be ‘yes’, I shall argue here that the case for such a prerogative to depart from equality is much less far-reaching than one might (...) think. I have in mind a prerogative to depart from a specific form of equality: namely, equality of opportunity for such advantages as resources or welfare. I mean to refer to the strong form of equal opportunity elaborated and defended by Richard Arneson and G. A. Cohen whereby, roughly speaking, two people have equal opportunity for advantage if they face the same choices and will end up at the same level of advantage if they make the same choices. (shrink)

Globalisation involves both promising potentials and risks. It has the potential – through the spread of human rights, the migration of people and ideas, and the integration of diverse economies – to improve human wellbeing and enhance the protection of human rights worldwide. But globalisation also incurs risks: global environmental risks (such as global warming), the creation of new centres of power with limited legitimacy, a ‘race to the bottom’ regarding workers’ safety and rights, risky journeys of thousands of migrants (...) and not least growing global inequalities. Globalisation, therefore, is a key factor for today’s discussions of justice. -/- As globalisation connects people, it also raises associated responsibilities between them. Until recently, the interest in justice among political philosophers and social ethicists was mainly focused on the nation state. However, this is no longer feasible. Since economic globalisation affects how wealth and power are distributed globally it has become indispensable to discuss social ethics in a global context and to develop principles of global justice. Global justice, therefore, entails an assessment of the benefits and burdens of the structural relations and institutional arrangements that constitute and govern globalisation. -/- The academic discussion of global justice is vibrant and expanding. In my introduction I provide an overview of the discussions on global poverty, justice, cosmopolitanism and statism, migration, the capability approach and different dimensions of global justice. (shrink)

This article illuminates the relationship between John Rawls' and Michael Walzer's accounts of non-domestic justice by tracing its connection to their domestic relationship. More precisely, it places the celebrated positional shifts that characterize the latter within the context of the fundamental justificatory tension between their projects which endures: reason vs trust; and then juxtaposes this justificatory tension and their non-domestic political prescriptions. Such contextualization is important to the clarification of the pair's non-domestic relationship since it enables the observation that despite (...) this enduring justificatory tension these political prescriptions are remarkably similar. (shrink)

This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a prima (...) facie right to restrict immigration, then it also grounds a prima facie right to restrict freedom of speech, religion, sexual choice and more. We then suggest that the social costs associated with freedom of immigration are also costs associated with occupational choice, speech and reproduction. Thus, a state’s interest in reducing these costs gives it prima facie justification to restrict not only immigration but also other core liberal freedoms. Moreover, we rebut the objection that, even if the standard arguments for a prima facie right to restrict immigration also support a prima facie right to restrict liberal freedoms generally, there are differences that render immigration restrictions – but not restrictions on speech, religion, etc. – justified all things considered. In closing, we suggest that the theoretical price of supporting immigration restrictions – viz., compromising a commitment to liberal principles – is too steep to pay. (shrink)

It is a distinctive and unprecedented feature of modern societies that the idea of equality should hold a central place in their political thinking. I want to begin my enquiry by considering why this should be and what its significance is. For if there is indeed an important sense in which egalitarianism is written in to contemporary conditions of life, it makes no sense to think of oneself as taking a stand for or against equality. Now to say this is (...) not to deny the equally inescapable fact that the issue of equality rouses fierce ideological passions between those who might describe themselves on one side as its friends and on the other as its enemies. But my suggestion is that both sides may misunderstand their contest. Their conflict is not about the value of equality as such, but about competing specifications of that value, about different versions of what it means to treat people as equals. (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)

Murray N. Rothbard and Hans-Hermann Hoppe build their libertarian theory of justice on two axioms concerning self-ownership and homesteading, which are bolstered by two key arguments: reductio ad absurdum and performative contradiction. Each of these arguments is designed to demonstrate that libertarianism is the only theory of justice that can be justified. If either of these arguments were valid, it would prove the libertarian claim that the state is an unjust political arrangement. Giving due weight to the importance of the (...) libertarian anarchist claim, this article exposes and criticizes the arguments that substantiate it. (shrink)

Abstract The market is sometimes thought to be a largely neutral means for coordinating cooperation among strangers under complex conditions because it is, as Hayek noted, a ?spontaneous order.? But in fact the market actively shapes the kinds of values it rewards, as do other spontaneous orders. Recognizing these biases allows us to see how such orders impinge on one another and on other communities basic to human life, sometimes negatively. In this way we may come to acknowledge the inevitability (...) of placing limits on spontaneous orders. (shrink)

This essay argues that the concept of dependence now invoked in noramtive discussions of the welfare state is both incoherent and biased as a result of its conflation of four distinctly different notions of dependence, ranging from the purely causal to that associated with lower class identities.

RÉSUMÉ: Plusieurs libéraux modernes soutiennent que le pluralisme des valeurs a d’importantes conséquences pour l’élaboration des procédures et des institutions politiques. Mais les arguments fondés sur l’incommensurabilité et sur l’indétermination de la rationalité ou de la délibération se révèlent tous compatibles avec le monisme; et certaines formes de pluralisme sont compatibles soit avec une hiérarchisation des valeurs soit avec une hiérarchisation méta-éthique de certains types de concepts normatifs. En outre le «pluralisme» en tant que thèse métaphysique concernant les valeurs est (...) souvent confondu avec la thèse descriptive qu’il existe une pluralité de conceptions du bien dans les sociétés modernes, qui, elle, fournit la véritable justification du libéralisme dans l’organisation politique. Or cette forme de pluralisme est également compatible avec le monisme des valeurs. Le libéral pluraliste se trouve ainsi confronté à un dilemme: soit certaines valeurs sont d’importance prioritaire pour la justification de l’organisation politique, soit les conséquences du pluralisme des valeurs en pareil domaine sont indéterminées. (shrink)

Just how care moves us is the subject of Katherine Gardiner’s thesis. Gardiner wants to know how care moves us – or in philosophical terms, how it motivates us. She describes caring as a morally ‘necessary’ activity, which means that we cannot escape responding to the care appeal. However, Gardiner uses the example of ‘Pim’, who cannot care and feels really bad about it - not because he is incapable of caring, but who just can’t. She reviews several versions of (...) care ethics that might persuade him to care, containing concepts like ‘engrossment’, ‘responsibility’, ‘solidarity’, ‘virtue’ and ‘reason’. According to Gardiner, none will do, because they are not compelling enough. She concludes that we need to understand how morality has effect, how it works. Christine Korsgaard’s concept of ‘normativity’ does just this. Korsgaard makes necessary links between making moral decisions and having an identity and being human and argues that acting contrary to any of these will make one “feel worse than death”. Caring for and about others is an important human activity and for some people is a crucial part of their practical identity. Without Korsgaard, we would have to reject Pim as a moral deviant (someone insensible to moral reason); with Korsgaard we can understand Pim’s pain, according to Gardiner. (shrink)

This contribution is a critical and constructive engage ment with discourse ethics. First, it clarifies why discourse ethics has difficulties with the grounding and application of moral norms. Second, it turns to a positive appropriation of the formal and proce dural aspects of discourse ethics. The goal is the elaboration of an ethics that is able to incorporate the material aspects of goods and the formal dimension of ethical validity and consensuability. Every morality is the formal application of some substantive (...) good. Every ethical perspective demands its evaluation in terms of its uni versability. In order to achieve this mediation, it is suggested that we must incorporate not only the historical dimension of moral systems, but also the role of critical consciousness and the negativity embod ied by those who are victims of the existing consensus. The essay con cludes with six points that need to be considered when formulating a material ethics that is universalizable and, most importantly, that can address the massive poverty and dehumanization of those excluded from the present community of communication. Key Words: application • consensual • corporeality • discourse ethics • formal • grounding • intersubjective • Kantian • liberation • ethics • material • phronesis • procedural • validity. (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the ethics (...) of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

Michael Walzer is one of the most distinguished political philosophers and social critics of this century. His ideas have had great import and influence in political philosophy and political discussion, yet very few of his ideas have been incorporated explicitly into the business ethics literature. We argue that Walzer’s work provides an important conceptual canvas for business ethics scholars that has not been adequately explored. Scholars in business ethics often borrow from political theory and philosophy to generate new insights and (...) develop new substantive contributions. Many valuable theoretical resources are already used extensively—particularly Aristotle, Kant, Marx and a variety of utilitarian philosophers. Walzer offers another set of resources to bring to the conversation of what business ethics is and how business ethicists add value. This paper provides an opportunity to delve further into Walzer’s writings, particularly themes that are tied to business ethics, and to illustrate how his ideas can be extended to reshape our understanding of the field and develop new perspectives on ethical issues in commerce. (shrink)

The main aim of this work it’s to show that the speech used to explain the problem of poverty, can be located in a rhetorical field, especially when you’re looking to convince the acceptation of strategies based inhuman development with some axiological value. The rhetorical as a way of persuasion make the believing of what should correspond to each other in what we understood as fare. Is the case of the actions that the State makes to persuade the necessity to (...) give attention to some vulnerable groups by recognizing basic necessities and also with specific actions that allow us to attend between the ones that are experimenting it. And it initiates with the recognition of the basic needs of an heterogeneous auditorium, that besides of identifying a different ways to attend them, recognize the concern for others to cover their elementary necessities, that means, it stays with a Socratic approach.From a rhetorical approach, the highly intention of social political instruments it’s to facilitate the access to some resources as a way to materialize the minimum conditions of life of contingent conditions environment are poverty minimizers. It’s A Sen. who’s trying to increase social conciseness in the middle of axiological virtues of J. Rawls uses the social construction of the moral principles as poverty reducers and in justice situations. Both intentions allow to recognize the situations of justice as the result of integrating data, with no esculent but complementary for poverty issues. (shrink)

While the common law may result in justice between heterosexual intimate partners in particular claims for a beneficial interest in the family home, it does so on its own terms—terms drawn up according to contractarian principles reflecting male sex-right, that subsist even as the world and the institution of marriage (and marriage-like relationships) have changed. This paper uses examples from the case law across four common law jurisdictions to expose the terms on which the contractarian nature of intimate partner trusts (...) permits claims for a distribution of intimate partners’ property, and how it excludes. In particular, it identifies the pervasiveness of the sexual contract in subsuming women’s expression of individualism to those of her intimate partner, and the implications of this for the derivation of a property interest in the family home. (shrink)

This article will present the argument for treating democratic states as moral and not only legal collective entities; that is, it will apply the theory of collective rights of cultural groups in a (closed) domestic political setting to democratic states in international relations. Numerous experiences by self-identifying cultural groups bear witness to the fact that morally important objectives are not always reached by merely treating individuals as the sole bearers of moral status. In order to prevent latent cultural imperialism, many (...) countries around the world have adopted various models of collective rights protection and policies of preferential treatment for these groups. This article will examine whether it is possible to make a parallel between cultural groups and democratic states; in particular, whether it is feasible to think of democratic states as moral entities and what the normative implications of such a view for contemporary international relations and trade would be. (shrink)

Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation of overtime (...) and to relocation and promotion. Daniel Jacob and Christian Neuhäuser have recently submitted these views to careful criticism. They argue that the parallel between firms and states is unwarranted. For, unlike managerial authority, state authority is final. The state grants firms their legal status and subjects their authority to its regulations, which citizens in democracies already control. And they also argue that suitable workplace regulation alongside meaningful exit options may suffice to prevent, with no need for democratization, objectionable forms of workplace subjection. Neither view offers, they resolve, compelling reasons to believe that justice requires that firms be democratic. I here inspect these criticisms in turn, and offer reasons for skepticism. (shrink)

Some healthcare systems are said to be grounded in solidarity because healthcare is funded as a form of mutual support. This article argues that health care systems that are grounded in solidarity have the right to penalise some users who are responsible for their poor health. This derives from the fact that solidary systems involve both rights and obligations and, in some cases, those who avoidably incur health burdens violate obligations of solidarity. Penalties warranted include direct patient contribution to costs, (...) and lower priority treatment, but not typically full exclusion from the healthcare system. We also note two important restrictions on this argument. First, failures of solidary obligations can only be assumed under conditions that are conducive to sufficiently autonomous choice, which occur when patients are given ‘Golden Opportunities’ to improve their health. Second, because poor health does not occur in a social vacuum, an insistence on solidarity as part of healthcare is legitimate only if all members of society are held to similar standards of solidarity. We cannot insist upon, and penalise failures of, solidarity only for those who are unwell, and who cannot afford to evade the terms of public health. (shrink)

Pocos temas han generado más debates en el campo de la filosofía política a lo largo de las últimas décadas que el de la justicia. Sin embargo, la mayoría de estos debates han girado en torno a qué tipo de equilibrio entre libertad e igualdad puede considerarse como justo, o qué tipo de instituciones legales y judiciales serían necesarias para ofrecer mayores niveles de justicia a los ciudadanos. Este trabajo pretende abordar el problema de la justicia desde un punto de (...) vista radicalmente distinto. A saber, la forma en la que el sujeto –el ‘hombre de carne hueso’, en palabras de Unamuno– experimenta la justicia. Dejando a un lado los ya mencionados aspectos institucionales, el objetivo de este artículo es explorar la forma en que el término justicia opera como un significante vacío en relación con la ley; y cómo esto, a su vez, permite la formación de infinidad de nociones subjetivas de justicia. (shrink)

What should be the aim when teaching matters of culture to students in public high schools and universities, at least given an African context? One, parochial approach would focus exclusively on imparting local culture, leaving students unfamiliar with, or perhaps contemptuous of, other cultures around the world. A second, cosmopolitan approach would educate students about a wide variety of cultures in Africa and beyond it, leaving it up to them which interpretations, values, and aesthetics they will adopt. A third way, (...) in between these two, would be to give some priority to understanding and enriching local culture, while being open to and not remaining ignorant of other cultures. In this article, a work of moral philosophy, I argue for this third alternative, by rebutting arguments for the other two approaches and by showing that it uniquely follows from a plausible African ethic informed by indigenous ideals of communion. (shrink)

Competition and contest underpin academic life in many ways, not all of them constructive or valuable. In this paper I make a start on the task of distinguishing valuable academic competition from its opposite and suggest reforms of academic institutions that would diminish the prevalence of destructive competition and approach more nearly the egalitarian goal of treating all members of the academic community—especially, but not only, students—as equally valued and equally deserving of respect. To do this, I develop a distinction (...) between two kinds of competition: tender competition and rank competition. I analyse the illusion of meritocracy in terms of them. My principal recommendation for university pedagogical practice is to eliminate grading of student work and replace grading systems with a system of demanding pass/fail assessments. (shrink)

This article examines whether restrictions on access to welfare rights for EU immigrants are justifiable on grounds of reciprocity. Recently political theorists have supported some robust restricti...

This paper aims to explore and examine the implied commitment to the premises of recognition in Rawls’s account of redistributive justice. It attempts to find out whether or not recognition relations that produce humiliation and cultural injustice can be followed to their logical conclusion in his theory of redistribution. This paper makes two claims. Firstly, although Rawls does not disregard the harms of misrecognition as demonstrated in his notion of self-respect being the most important primary good, he cannot liberally accommodate (...) the idea of humiliation as a case of injustice without compromising the basic premises of his theory. Secondly, while resource distribution produces indirect side effects that can impact upon cultural injustice, addressing recognition issues through the prism of redistribution can inadvertently result in further misrecognition. The paper concludes that in the final analysis Rawls wrongly takes redistribution as the overarching principle of justice to which recognition is but a subservient principle. (shrink)

Liberal education is a value-loaded notion which raises questions regarding the conditions and limits of promoting self-fulfilment within a broader conception of justice. The communitarian critique of rights-based liberalism reveals a tension between, on one hand, the maximizing, normative conception of liberal education and, on the other, the limited mandate of social and political institutions to foster its achievement. The aim of this paper is to argue against a minimalist conception of liberal education, as it seems to derive from rights-based (...) liberalism, especially political liberalism. Drawing on the writings of John Rawls and Michael Oakeshott, some insights into the purposes of liberal education are identified and discussed. Nevertheless, although both authors suggest that self-fulfilment, as it could be promoted by liberal education, is an ideal worth cultivating, their vantage points do not help clarify the conceptual framework in which self-fulfilment could be coherently addressed. The last section of the paper attempts to argue in favour of interpreting liberal education within the conceptual framework of aspiration-fulfilment and capacity-fulfilment, as it was developed by Alan Gewirth. (shrink)

In Why Not Socialism? G.A. Cohen articulates a version of socialism characterized by two values—equality and community—but, being a value pluralist, Cohen is not sanguine about the practical consistency of those values. This paper deals with the relationship between Cohen's formulations of the values of community and equality. I argue that Cohen faces a dilemma: either community and equality are not even in principle consistent, or else they are conceptually compatible. I argue, moreover, that despite the cost to Cohen's value (...) pluralism of accepting the dilemma's second horn, it carries the felicitous consequence of obviating the contingent conflicts between community and equality about which Cohen is concerned. Finally, I suggest that accepting the second horn—that is, the grounds of compatibility between community and equality—is helpful in resolving a puzzle recently raised by John Roemer about Cohen's picture of socialism. (shrink)

ABSTRACTThis paper argues that most prominent normative theories on immigration neglect a critical dimension of the migratory phenomenon, a neglect that blinds them to important rights that, under some circumstances, immigrants ought to have as a matter of justice. Specifically, the paper argues that these theories fail to appreciate that the children of immigrant families, regardless of whether they were born in their parents’ country or in the host country, should benefit from educational rights addressing needs that are particular to (...) their situation. These children may be forced to move between these two countries. This situation generates an obligation for both states to act jointly to provide educational opportunities so that these children are fully conversant with both cultures and in both languages. Put succinctly, then, we argue that since children of immigrant families lack any certainty of permanent residence in the host society owing to the threat of deportation and the precarity of their legal status, host and home societies bear the duty to offer an education that allows them to be functional in both societies. (shrink)

In the face of the desperate plight of refugees, virtually all moral and political philosophers, regardless of their general position on immigration controls, argue that states have a duty to grant asylum: people must not be turned back to countries where they would face persecution or severe human rights violations. Yet this consensus obscures a number of thorny ethical issues raised by the plight of the displaced. In this piece, I want to draw from recent writing in political and ethical (...) theory to bring some of these issues into view. I start by considering what a refugee is, before turning to the question how the obligations of political communities to the displaced are grounded. I then move to consider what societies owe to refugees and the question of international justice in the allocation of asylum. I conclude with a discussion of the moral responsibilities of refugees themselves. (shrink)

Many philosophers believe that luck egalitarianism captures “desert-like” intuitions about justice. Some even think that luck egalitariansm distributes goods in accordance with desert. In this paper, we argue that this is wrong. Desertism conflicts with luck egalitarianism in three important contexts, and, in these contexts, desertism renders the proper moral judgment. First, compared to desertism, luck egalitarianism is sometimes too stingy: it fails to justly compensate people for their socially valuable contributions—when those contributions arose from “option luck”. Second, luck egalitarianism (...) is sometimes too restrictive: it fails to justly compensate people who make a social contribution when that contribution arose from “brute luck”. Third, luck egalitarianism is too limited in scope: it cannot diagnose economic injustice arising independently of comparative levels of justice. The lesson of this paper is that luck egalitarians should consider supplementing their theory with desert considerations. Or, even better, consider desertism as a superior alternative to their theory. (shrink)

:Appeals to social justice that argue medicine and healthcare should have certain priorities and not others are common. It is an obvious question to ask: What does social justice demand of the new genetic technologies? However, it is important to note that there are many theories and sub-theories of justice. There are utilitarian theories, libertarian theories, and egalitarian theories. There are so-called luck egalitarians, equality-as-fairness thinkers, and capability theorists, with each having his or her own distinctive approach to the distribution (...) of medical goods and technologies, and to healthcare priorities. This article argues that the discussion surrounding this question is potentially hampered by an implicit assumption that if one theory of justice is applicable in one context, then it must also be applicable in others. Instead, it is proposed that one adopt the stance, influenced by Michael Waltzer, that different theories with their opposing principles may be applicable to different questions regarding justice and genetics. The specific view advanced is that to answer questions about what justice requires regarding the therapeutic and enhancement use of genetic techniques, a method of reflective equilibrium can show how intuitions, in context, may support different theories of justice. When particular pre-theoretic ethical judgments are balanced against the theories that might explain or justify them, and are in accord with what seems emotionally acceptable, then it can be seen how different general theories may be applicable in the different contexts in which questions of justice and genetics arise. (shrink)

The attempt in this article is to reflect on the notion of hospitality, building on Derrida's engagement with the notion. In doing so, I visit some of the debates on cosmopolitanism, a term which, I believe, is sometimes used overenthusiastically, neglecting the negative implications it might carry. Besides, I observe the same uncritical stance towards the reception of Kant's notion of `universal hospitality', developed in his famous piece on `Perpetual Peace', a text that has been at the core of the (...) recent debates on cosmopolitanism. I revisit Kant's text to discuss the implications of his project. I distinguish between `the other' and `the stranger', and try to develop a politics and ethics of hospitality due to the stranger. I conclude with some implications of `not being home'. (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)

Do states have a right to exclude prospective immigrants as they see fit? According to statists the answer is a qualified yes. For these authors, self-determining political communities have a prima facie right to exclude, which can be overridden by the claims of vulnerable groups such as refugees and children born in the state’s territory. However, there is a concern in the literature that statists have not yet developed a theory that can protect children born in the territory from being (...) excluded from the political community. For if the self-determining political community has the right to decide who should form the self in the first place, then that right should count against both newcomers by immigration and newcomers by birth. Or so the concern goes. In this essay, I defend statism against this line of criticism and provide a liberal justification for the inclusion of children born within the state’s borders. My account leads to some surprising implication for citizenship law, as well as immigration arrangements in the area of asylum and unauthorized immigration. (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)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovere...

In this article, we articulate and defend a contextual approach to political theory. According to what we shall call ‘iterative contextualism’, context has two important roles to play in determining what is required by justice. First, it is through the exploration and evaluation of multiple contexts that general principles are devised, revised and refined. Second, significant weight should be given to the norms to be found in specific contexts because the people affected by those norms strongly identify with them. Having (...) said this, the application of general principles to particular contexts may still result in recommendations which deviate to some degree from the prevailing norms. In this case, we shall argue that although justice requires something other than what local norms say, what is required is likely to be intimated by the relevant context. Thus, whilst considerations of identification act as significant constraints on iterative contextualists’ thinking, the idea of intimations provides them with an important resource. (shrink)

Libertarian philosopher Michael Huemer has argued recently that there is a prima facie right to immigrate, and, moreover, that concerns people have about the effects of immigration are not strong enough to neutralize or override this prima facie right. In this paper, I focus on one particular concern that Huemer deems insufficiently strong to neutralize or override the prima facie right to immigrate, namely, the concern that unrestricted immigration poses a threat to one’s culture. I argue that Huemer fails to (...) show that the concern is insufficiently strong. (shrink)

There is a lack of writing on the issue of the education rights of people with disabilities by authors of any theoretical persuasion. While the deficiency of theory may be explained by a variety of historical, philosophical and practical considerations, it is a deficiency which must be addressed. Otherwise, any statement of rights rings out as hollow rhetoric unsupported by sound reason and moral rectitude. This paper attempts to address this deficiency in education rights theory by postulating a communitarian theory (...) of the education rights of people with disabilities. The theory is developed from communitarian writings on the role of education in democratic society. The communitarian school, like the community within which it nests, is inclusive. Schools both reflect and model the shape of communitarian society and have primary responsibility for teaching the knowledge and virtues which will allow citizens to belong to and function within society. Communitarians emphasise responsibilities, however, as the corollary of rights and may require the individual good to yield to the community good when the hard cases arise. The article not only explains the basis of the right to an inclusive education, therefore, but also engages with the difficult issue of when such a right may not be enforceable. (shrink)