Cosmopolitanism and statism represent the two dominant liberal theoretical standpoints in the current debate on global distributive justice. In this paper, I will develop a feminist argument that recommends that statist approaches be rejected. This argument has its roots in the feminist critique of liberal theories of social justice. In Justice, Gender, and the Family Susan Moller Okin argues that many liberal egalitarian theories of justice are inadequate because they assume a strict division between public and private spheres. I will (...) argue that this inadequacy is replicated in statist approaches to global justice. To demonstrate this, I will show how an analogue of Okin's critique of Rawls's A Theory of Justice can be extended to his The Law of Peoples. I will conclude that statist theories inevitably assume a strong divide between public and private spheres and that by doing so they allow for situations marked by gross injustice which anyone concerned with the welfare of the world's most vulnerable should find unacceptable. (shrink)

Several liberal philosophers and penal theorists have argued that the state has a reason to prohibit acts that harm individuals. But what is harm? According to one specification of harm, a person P is harmed by an act (or an event) a iff, as a result of a, P is made worse off in terms of well-being. One central question here involves the baseline against which we assess whether someone is ‘worse off’. In other words, when a person is harmed (...) he is worse off, certainly—but what is worse off a variation from? A central part of the paper critically discusses different answers to this question based on versions of what we can call: the temporal baseline, the baseline from mankind and the counterfactual baseline. Essentially, it will be argued that the counterfactual baseline leaves us with a better understanding of harming than the other baselines discussed. The final part of the paper will describe some of the implications of our investigation for the application and evaluation of the view that harm matters in the justification of which type of acts should be criminalized by the state. The overall conclusion of the paper is that adherents of a view like the harm principle face a dilemma. Either they can accept the counterfactual baseline but then, they can do without the harm principle. Or they can reject the counterfactual baseline—but then they will have to formulate an alternative baseline which, as will be shown in the paper, is no easy task. (shrink)

Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part of this charge claims that the (...) current IP regime is privatizing the very building blocks of research and development – that used to be part of the commons. The public domain, in contrast to the private domain, may be the locus of much more diverse forms of creativity that at the same time ensures a wider plurality of productive traditions. An IP regime must support a sense of public morality because it is dependent upon civil support. This inevitably prompts questions of what are “good” exclusive rights and what are “bad” exclusive rights, and how shall such IP rights be developed. We argue that the democratization of the current IP regimes is an important first step to respond to these issues. (shrink)

The intellectual property regimes we have currently in place are heavily under attack. One of the points of criticism is the interaction between two elements of article 27 of the Universal Declaration of Human Rights, the widely discussed issue of being able to benefit from scientific progress and the less argued for position of having a right to take part in scientific enterprises. To shine light on the question if we should balance the two elements or prioritize one of them, (...) an exploration will be offered on how benefiting from scientific progress and the ability to participate in the advancement of science relate to securing human capabilities. A different perspective to the question will be gained by identifying the problem as an issue of misrecognition, especially the failure to recognize many willing collaboration partners in scientific research as peers. Lastly, I will argue that cooperative justice requires that if we have an innovation incentive system that disproportionally benefits one particular group, a certain duty to counterbalance this advantage exists when we are relying on mutual cooperation for the recognition of intellectual property rights. (shrink)

This article draws out two implications for cosmopolitan or global friendship from an examination of a recent work on civic friendship in the domestic sphere: (1) Insofar as it is the case that civic friendship, as defined by Schwarzenbach (On civic friendship: Including women in the state. Columbia University Press, New York, 2009) is necessary for justice in the state, it is also the case that the absence of global justice can be partially explained by the absence of what might (...) be called cosmopolitan friendship. (2) If we consider the practicalities of civic friendship, we find that cosmopolitan friendship is an even more difficult and demanding project than we might have imagined. (shrink)

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

In my reply to Pogge's critique of Rawls's international relations theory, I will try to show two things: (1) that Pogge's account of the public criterion of domestic social justice endorsed by Rawls is a partial one and (2) that this leads him to wrongly postulate a significant asymmetry between Rawls's domestic and international theories of justice. In the end, I hope to show that the domestic and international accounts are characterized by a significant degree of symmetry ? that both (...) accounts are motivated by Rawls's fundamental concern with self-respect. In other words, a more expansive, complete account of the domestic public criterion of social justice necessarily leads us (contra Pogge) to affirm a significant degree of continuity between the domestic and international accounts. (shrink)

The primary human rights documents of the United Nations claim that every human has a right to development, a right that also includes continuous improvement of each person's living conditions. On one interpretation, this implies a right to a never-ending improvement of living conditions. According to the author, this interpretation faces several counterintuitive implications. First, it seems reasonable that we cannot have a right to improvement without regard to environmental sustainability; improvements must instead focus on well-being, a concept that is (...) partially unrelated to material improvements. Second, if development is a human right, there are several distributional problems with this right. The paper discusses three different responses to the idea that everybody has a right to continuous improvement and concludes that the best solution is to reject the idea that everyone has such a right. This does not imply that we must reject a right to a certain minimum level of well-being; it just means that this right cannot include claims for never-ending improvement. (shrink)

During the last decade, scholarly criticism of sweatshops has grown increasingly sophisticated. This article reviews the new moral and economic foundations of these criticisms and argues that they are flawed. It seeks to advance the debate over sweatshops by noting the extent to which the case for sweatshops does, and does not, depend on the existence of competitive markets. It attempts to more carefully distinguish between different ways in which various parties might seek to modify sweatshop behavior, and to point (...) out that there is more room for consensus regarding some of these methods than has previously been recognized. It addresses the question of when sweatshops are justified in violating local labor laws. And it assesses the relevance of recent literature on coercion and exploitation as it applies to sweatshop labor. It concludes with a list of challenges that critics of sweatshops must meet to productively advance the debate. (shrink)

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

John Rawls famously claims that ‘justice is the first virtue of social institutions’. On one of its readings, this remark seems to suggest that social institutions are essential for obligations of justice to arise. The spirit of this interpretation has recently sparked a new debate about the grounds of justice. What are the conditions that generate principles of distributive justice? I am interested in a specific version of this question. What conditions generate egalitarian principles of distributive justice and give rise (...) to equality as a demand of justice? My paper focuses on relationalist answers to this question. Advocates of relationalism assume that ‘principles of distributive justice have a relational basis’, in the sense that ‘practice mediated relations in which individuals stand condition the content, scope and justification of those principles’. To say that principles of justice are ‘based’ on and ‘conditioned’ by practice mediated relations is ambiguous. I will here be concerned with advocates of what I call the relationalist requirement , viz. positions which assume that ‘practice mediated relations’ constitute a necessary existence condition for principles of egalitarian distributive justice. Relationalists who endorse this view come in different varieties. My focus is on relationalists that view social and political institutions as the relevant ‘practice mediated relation’. The question at stake, then, is this: Are institutionally mediated relations a necessary condition for equality to arise as a demand of justice? Strong relationalists of the institutionalist cast, call them advocates of the institutionalist requirement , differ in important respects. They argue about what set of institutions is foundationally significant, and they disagree on why only that institutional relation gives rise to egalitarian obligations of justice. My paper engages two ways of arguing for the institutionalist requirement : Julius’s framing argument and Andrea Sangiovanni’s reciprocity argument . The issue at stake are the grounds of egalitarian justice and I will argue that the institutionalist requirement is mistaken. It is not the case that egalitarian obligations of distributive justice arise only between and solely in virtue of individuals sharing a common institution. (shrink)

(2010). Response to Open Peer Commentaries on “How to Do Research Fairly in an Unjust World”. The American Journal of Bioethics: Vol. 10, No. 6, pp. W4-W6.

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not (...) a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice. (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take—a ‘denunciatory’ account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a ‘communicative’ account, on which the purpose (...) of the punishment is to communicate with the perpetrator, and argued for a denunciatory account which I developed at some length. In this paper I would like to reconsider the plausibility of a communicative account. One difficulty that such accounts face is that the punishment of war criminals often involves the inflicting of harsh treatment on them by individuals who are members of states other than their own. On a communicative account this is problematic: on such an account—or at least on the version of it proposed by Duff (2000)—it is essential that those who are punish and those who punish them belong to a single community. When this requirement is not satisfied harsh treatment does not constitute punishment. Duff has argued that the problem can be solved by regarding all human beings as members of a single moral community: here I argue that this suggestion is unsatisfactory and propose an alternative. One consequence of my account is that if it is correct there may limitations on the range of kinds of war criminal that can legitimately be punished by international tribunals. (shrink)

Martha Nussbaum has expanded the capabilities approach to defend positive duties of justice to individuals who fall below Rawls’ standard for fully cooperating members of society, including sentient nonhuman animals. Building on this, David Schlosberg has defended the extension of capabilities justice not only to individual animals but also to entire species and ecosystems. This is an attractive vision: a happy marriage of social, environmental and ecological justice, which also respects the claims of individual animals. This paper asks whether it (...) is one that the capabilities approach can really deliver. Serious obstacles are highlighted. The potential for conflict between the capability-based entitlements of humans and those of nonhuman animals or ‘nature’ is noted, but it is argued that this does not constitute a decisive objection to the expanded capabilities approach. However, intra-nature conflicts are so widespread as to do so: the situation is outside the circumstances of justice as they are standardly understood. Schlosberg attempts to reconcile such conflicts by re-examining what it means to flourish as a sentient nonhuman animal. This fails, because of the distinction between flourishing as a species, which often requires predation, and flourishing as an individual, which is as frequently incompatible with it. Finally, the paper considers how a capabilities theorist might move beyond such conflicts, identifying two possible strategies (which are not themselves unproblematic) for reconciling the demands of humans, animals and ecosystems. (shrink)

Centre for Applied Philosophy and Public Ethics (CAPPE), Menzies Centre for Health Policy, The Australian National University, LPO Box 8260, ANU Canberra ACT 2601, Australia. Tel.: +61 (0)2 6125 4355; Mobile: +61 (0)431 124 286; Fax: +61 (0)2 6125 6579; Email: michael.selgelid{at}anu.edu.au ' + u + '@' + d + ' '//--> Abstract Thomas Pogge has proposed a supplement to the standard patent regime whereby innovating companies would be rewarded in proportion to the extent to which their innovations lead to (...) reduction of the global burden of disease (GBD). This paper argues that an expansion of this proposal—whereby provision of already existing medicines are incentivised in a similar way—would provide a more comprehensive solution to the healthcare situation in developing countries. It then considers the practical challenges that the implementation of such a proposal (expanded or otherwise) would entail. Though these include difficulties associated with disease burden metric, I argue that the most serious difficulties are associated with the problem of causal attribution. A basic idea underlying Pogge's proposal is that the disease burden reduction attributable to particular interventions can be determined. Theoretically speaking, in cases involving multiple interacting causal factors, there may be no fact of the matter regarding the extent to which disease burden reduction should be attributed to one intervention as opposed to another; and (even if workable practical solutions to this theoretical challenge can be met) the data requirements for implementation would be daunting. CiteULike Connotea Del.icio.us What's this? (shrink)

In this article I rethink Rawls' conception of international economic justice, with a particular focus on international trade. I ground my normative argument on a different interpretation of the concepts of basic structure and of basic institution. I use the contemporary international trading system to illustrate my normative interpretation. I use the Law of Peoples to discuss the Rawlsian concept of basic structure. I contest Samuel Freeman's interpretation of this concept as one that pertains exclusively to the domestic realm. As (...) a reply, I work out an interpretation of basic institutions valid for both the national and international context. I base my understanding on the impact and the form of membership that characterize basic institutions. Both properties are compatible with an extension of the concept of a basic institution to the international domain. I then show how the World Trade Organization (WTO) system can be compared to a domestic basic institution. I analyse the decisional setting that surrounds the choice of joining the WTO. I conclude that no real alternative exists. Hence, WTO membership is not to be considered a completely free policy choice. I also state that the new system is witnessing a strong expansion of the areas subject to trade governance. Such expansion is responsible for the growing impact that international trade has on domestic institutions and hence on people. Finally, I use my analysis of contemporary international trading relations to test Rawls' position in the Law of Peoples. I conclude that although Rawls' principles for fair trade and international cooperation can regulate GATT-style international trade, they are not proficient in assessing the new characteristics of international trade. (shrink)

The purpose of this article is to explore the potential contribution of Axel Honneth's critical theory of recognition to empirical and normative debates on global justice. I first present, very briefly, an overview of recent theories of global distributive justice. I argue that theorists of distributive justice do not pay enough attention to sources of self-respect and conditions for identity formation, and that they are blind toward the danger of harming people's sense of self even by well-intentioned redistributive policies. Honneth's (...) theory suffers from complementary shortcomings; it is anti-technocratic but largely oblivious to the global nature of many contemporary justice claims. Given this situation, I seek to broaden the theory's scope by outlining transnational extensions of the recognition principles of love, rights and solidarity identified by Honneth. In conclusion, I show how utilizing a broadened conceptualization of the struggle for recognition allows us to better understand the changing logic of justice-oriented foreign policies. (shrink)

This article develops an approach to ethical globalization based on a feminist, political ethic of care; this is achieved, in part, through a comparison with, and critique of, Thomas Pogge's World Poverty and Human Rights. In his book, Pogge makes the valid and important argument that the global economic order is currently organized such that developed countries have a huge advantage in terms of power and expertise, and that decisions are reached purely and exclusively through self-interest. Pogge uses an institutional (...) rights framework to argue that direct responsibility for global poverty and inequality lies with the citizens of developed countries, since suffering and death are caused by global economic arrangements designed and imposed by our governments. While this argument is certainly compelling, I have argued that it tells us little about the actual effects of globalization on the real people of the South - including women, children and the elderly. As a result, it can offer little in the way of real alternatives or policy prescriptions. As a moral orientation, a care ethic relies on a relational moral ontology, and leads us to consider different values in terms of human flourishing. Moreover, it pushes us to consider the normative implications of aspects of the global political economy which are usually not 'seen' at all, including the global distribution of care work and the corresponding patterns of gender and racial inequality, the underprovision of care and resources for caring work in both the developed and developing world, and the ways in which unpaid or low-paid caring work helps to sustain a cycle of exploitation and inequality on a global scale. (shrink)

What does it mean to introduce the notion of imagination in the discussion about global justice? What is gained by studying the role of imagination in thinking about global justice? Does a focus on imagination imply that we must replace existing influential principle-centred approaches such as that of John Rawls and his critics? We can distinguish between two approaches to global justice. One approach is Rawlsian and Kantian in inspiration. Discussions within this tradition typically focus on the question whether Rawls's (...) theory of justice (1971), designed for the national level, can or should be applied to the global level. Can and should Rawls's Difference Principle be globalized, as Thomas Pogge argues? Is this proposal superior to Rawls's Law of Peoples (1999)? Another approach to global justice has been developed by Martha Nussbaum in Cultivating Humanity (1997), Poetic Justice (1995), and other work. I will construct her view and critically examine it by looking at her arguments about the relation between empathy, literature, and global justice. At first sight, these two approaches seem to be opposed. The former puts an emphasis on principles, universal reason, and the moral aspects of institutions and their policies, whereas the latter is rather concerned with the relation between imagination and justice, with the particular, and with the individual moral development. But is this necessarily so? I will show that both approaches could benefit from each other's insights to strengthen their own position. Moreover, I will argue for middle way between, or an integration of the two approaches that combines principles and imagination. In this way, we can move towards a more comprehensive account of global justice. (shrink)

El presente artículo intenta retomar el tema de la injusticia social con el fin de poder construir una caracterización útil para la filosofía política. La hipótesis principal es que el tema de la injusticia es tan importante como el de la justicia —de la cual hay ilustres teorías filosóficas— pero que no puede ser comprendido cabalmente si se le considera solamente como el polo opuesto de esta. En apoyo de esta idea se desarrollan tres dimensiones de la injusticia social: mala (...) distribución de bienes y servicios, exclusión y desempoderamiento, las que se ponen a prueba en un caso particular. De otra parte, se señala la importancia de distinguir a la injusticia de la mala suerte o el infortunio. Estas consideraciones conducen, en la parte final del texto, a tratar el tema de las víctimas y de la posibilidad del cambio. (shrink)

We challenge effective altruism (EA) on the basis that it should be more inclusive regarding the demands of altruism. EA should consider carefully agents’ intentions and the role those intentions can play in agents’ moral lives. Although we argue that good intentions play an instrumental role and can lead to better results, by adopting a Hutchesonian perspective, we show that intentions should, first and foremost, be considered for their intrinsic value. We examine offsetting and geoengineering, two so-called solutions to climate (...) change supported by EA, to highlight the limitations of a narrow understanding of altruism. -/- . (shrink)

This article argues that a state-centered theory of global justice exhibits an epistemic problem of perspective, and that this worry exhibits a gendered character. Within a liberal domestic theory of justice, the public/private distinction has been repeatedly shown to be bad for women because it creates a domain for injustice that becomes invisible to public policy and the law. This article argues that state-centered theories of global justice create an analogous space that is cut off from questions of global justice. (...) The article therefore suggests that this way of framing questions of global justice is problematic, and is problematic for women in particular. Just as the public/private distinction in liberal domestic justice leaves cases of injustice outside the vision of the law, the hard distinction between the domestic sphere and the international realm of justice leaves cases of injustice invisible to international law. For the question of global justice, the privileging of sovereignty and non-intervention compromises the ability of the theory to achieve its purported goal of universal justice. (shrink)

This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.

Scholars in philosophy, political science, and the policy community have recently advocated for a ‘sticks and carrots’, or conditional-coercion, approach to human rights violations. On this model, rights violators (usually states) are conceived of as rational agents who should be rewarded for good behavior and punished for bad behavior by other states seeking to improve human rights abroad. External states concerned about human rights abroad should impose punishments against foreign rights violators, and these punitive measures should not be lifted until (...) rights violations in target countries cease. Against these scholars, I argue that the conditional-coercion model is mistaken. In this article, I explicate the ‘sticks and carrots’ approach to human rights, criticize it on both theoretical and empirical grounds, and suggest an alternative approach that I term rights diagnostics. The model I propose is sensitive to the internal political struggles in rights violating states and the incentive structures faced by rights violators. This model takes account of relevant empirical evidence on the role of external coercion and inducements in producing institutional change. I conclude by sketching an institutional design that would potentially implement ‘rights diagnostics’ policy.1. (shrink)

Faced with the ongoing tragedy of poverty, ethicists call for effective measures of global justice to set up just institutional structures. Their arguments for a transnational obligation to help however remain contested, one of the main reasons for that being the lack of motivational support for trans-national visions of global justice. This articles suggests that the debate will gain new and helpful insights if it studies the motivational mechanisms at work in the dominant religious and cultural traditions, asking: How do (...) these particular traditions conceive of social justice; how do they motivate their adherents to extend solidarity? And how can the similarities surfacing in their motivational strategies be informative for the quest to devise a motivationally saturated account of global justice? The article demonstrates the potential of such an concrete-universal discourse in an exemplary manner by staging a dialogue between public Christian Social Ethics and African Ubuntu Ethics. (shrink)

Policy makers from around the world are trying to emulate successful innovation systems in order to support economic growth. At the same time, innovation governance systems are being put in place to ensure a better integration of stakeholder views into the research and development process. In Europe, one of the most prominent and newly emerging governance frameworks is called Responsible Research and Innovation. This article aims to substantiate the following points: The concept of RRI and the concept of justice can (...) be used to derive similar ethical positions on the nano-divide. Given the ambitious policy aims of RRI, the concept may be better suited to push for ethical outcomes on access to nanotechnology and its products rather than debates based on justice issues alone. It may thus serve as a mediator concept between those who push solely for competitiveness considerations and those who push solely for justice considerations in nano-technology debates. The descriptive, non-normative Systems of Innovation approaches should be linked into RRI debates to provide more evidence on whether the approach advocated to achieve responsible and ethical governance of research and innovation can indeed deliver on competitiveness. (shrink)

What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...) to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (shrink)

Replies to commentaries on my 2012 article ‘Synthetic Biology Needs a Synthetic Bioethics,’ note that I do not, in fact, call for some ‘new’ kind of ethics. The focus then and now is on integrating questions that relate to distributive justice and environmental quality more faithfully into the topics that have come to preoccupy mainstream bioethics as institutionalized in medical schools and medical research institutions.

Why does global justice as a philosophical inquiry matter? We know that the world is plainly unjust in many ways and we know that something ought to be done about this without, it seems, the need of a theory of global justice. Accordingly, philosophical inquiry into global justice comes across to some as an intellectual luxury that seems disconnected from the real world. I want to suggest, however, that philosophical inquiry into global justice is necessary if we want to address (...) the problems of humanity. First, in some cases, a theory of global justice is needed for identifying what counts as legitimate problems of justice. Second, even in obvious cases of injustices, such as the fact of preventable extreme poverty to which we know we have an obligation to respond, we cannot know the content and the limits of these obligations and who the primary bearers of these obligations are without some theoretical guidance. However, I acknowledge that philosophical inquiry on global justice risks becoming a philosop.. (shrink)

The claimability objection rejects the inclusion of a right to subsistence among human rights because the duties thought to correlate with this right are undirected, and thus it is not claimable. This objection is open to two replies: One denies that claimability is an existence condition on rights. The second suggests that the human right to subsistence actually is claimable. I argue that although neither reply succeeds on the conventional interpretation of the human right to subsistence, an alternative ‘practical’ interpretation (...) provides a viable approach to vindicating this right. (shrink)

This paper argues that economic agents, including corporations, have the duty to further justice, not just a duty merely to comply with laws and do their share. The duty to further justice is the requirement to assist in the establishment of just arrangements when they do not exist in society. The paper is grounded in liberal theory and draws heavily on one liberal theorist, Kant. We show that the duty to further justice must be interpreted as a duty of virtue (...) that is owed. This means that the duty is not enforceable but that violating this duty is still wrong and not merely non-virtuous. Our analysis has consequences for the morality of commercial life. It is often suggested that the morality of the market is a special, restricted morality that is leaner than the morality that agents must acknowledge outside the market. If our analysis is correct, the duty to further justice cannot be exempted from market morality, even if it is agreed that this must be leaner than the morality outside commercial life. Our analysis also has direct consequences for John Ruggie’s view on the responsibilities of businesses. Ruggie has never explicitly acknowledged a duty on the part of business enterprises to further justice. If our analysis is correct, his view is contradictory in that it presupposes the normative validity of free market enterprise yet shrinks from taking into account the conditions of its possibility. (shrink)

For years business ethics has limited the moral duties of enterprises to negative duties. Over the last decade it has been argued that positive duties also befall commercial agents, at least when confronted with large scale public problems and when governments fail. The argument that enterprises have positive duties is often grounded in the political nature of commercial life. It is argued that agents must sometimes take over governmental responsibilities. The German republican tradition argues along these lines as does Nien-Hé (...) Hsieh. Agents in commercial life are bound by positive duties because at some point they become citizens that must take on the responsibilities of the state. In this paper we leave undisputed the claim that corporations must acknowledge positive duties. However, we demonstrate that the political grounding fails, at least in the sense that this theory insufficiently acknowledges a long standing liberal tradition that vindicates apolitical markets and clear borderlines between politics and economics. We carve out an alternative route to the grounding of one specific positive duty—the duty to further justice. Our argument is based on the moral nature of commercial agents and tries to demonstrate that the duty to further justice ensues from liberalism. Taking a Kantian perspective, it conceptualizes the duty to further justice as a moral duty, orientated toward the political domain. It is grounded in the obligation to attain moral autonomy in the civil condition. (shrink)

This paper explores the ways in which a fuller attention to suffering in the tradition of the early Frankfurt School might valuably inform international political thought. Recent poststructural writing argues that trauma is silenced to prevent it disrupting narratives of order and progress and instead advocates a continual ‘encircling’ of trauma that refuses incorporation into a broader historical narrative. This paper welcomes this challenge to mainstream international ethics: attention to particular suffering provides an important challenge to the abstraction, instrumentalism and (...) universalism of modernity. However, if we simply mark trauma and refuse to incorporate it into any kind of narrative, we cannot profit from the ways in which suffering can illuminate the structures and ways of thinking that create it. Drawing on Adorno's negative dialectics, the paper argues that a dialectical understanding of the relationship between universalising order and disrupting particularity can lead from individual suffering towards a political re-engagement with the universal. (shrink)

Is equality a distributive value or does it rather point to the quality of social relationships? This article criticizes the distributive character of luck egalitarian theories of justice and fleshes out the central characteristics of an alternative, relational approach to equality. It examines a central objection to distributive theories: that such theories cannot account for the significance of how institutions treat people (as opposed to the outcomes they bring about). I discuss two variants of this objection: first, that distributive theories (...) fail to account for the importance of how institutions cause good shortfalls and, second, that they fail to account for the normative attitude of social and political institutions expressed in different ways of treating people. The article argues that the causal variant of the objection has only very limited reach, and endorses the expressive variant: the attitudes expressed by institutions in their treatment of persons, such as contempt or neglect, generate potentially unjust social relationships and hierarchies. This should be the focus of a relational egalitarian approach to social justice. The article proceeds to explain how it is possible that artificial agents such as institutions have attitudes and how these attitudes are not reducible to those of the individuals that sustain them, and argues that distributive theories cannot be so modified as to account for such attitudes. It concludes by indicating several directions for the development of more worked-out conceptions of relational equality on this basis. (shrink)

It is a crucial question whether practicalities should have an impact in developing an applicable theory of human rights—and if, how (far) such constraints can be justified. In the course of the non-ideal turn of today’s political philosophy, any entitlements (and social entitlements in particular) stand under the proviso of practical feasibility. It would, after all, be unreasonable to demand something which is, under the given political and economic circumstances, unachievable. Thus, many theorist—particularly those belonging to the liberal camp—begin to (...) question the very idea of social human rights on grounds of practical infeasibility. This new minimalism about human rights motivates an immanent critique arguing that even if we were to proceed from a liberal framework, we would still wind up with a justification of the full list of social human rights. In the first part of this article, I will present the central positions of the debate presented by Amartya Sen, Maurice Cranston and Pablo Gilabert. Initially arguing that a minimalism of human rights on grounds of practical infeasibility alone proves unjustifiable, however, I shall open up two further perspectives, which allow practical infeasibilities to become normatively determinate. Discussing contributions by James Griffin and Charles Beitz, I will defend the thesis that certain feasibility constraints on (social) human rights can be justified on the condition that they are grounded either in a normative idea of the appropriate implementation of these rights or in reflection of the practical function of a theory of human rights. (shrink)

Proponents of using genetically modified (GM) crops and food in the developing world often claim that it is unjust not to use GMOs (genetically modified organisms) to alleviate hunger and malnutrition in developing countries. In reply, the critics of GMOs claim that while GMOs may be useful as a technological means to increase yields and crop quality, stable and efficient institutions are required in order to provide the benefits from GMO technology. In this debate, the GMO proponents tend to rely (...) on a simple utilitarian type of calculus that highlights the benefits of GMOs to the poor, but that overlooks the complex institutional requirements necessary for GMO production. The critics, recognizing the importance of institutional conditions, focus primarily on the negative impacts of institutional deficiencies, thereby overlooking the basically Rawlsian claim that institutions per se may generate claims to justice. This article investigates how GMOs might generate claims to global justice and what type of justice is involved. The paper argues that the debate on GMOs and global justice can be categorized into three views, i.e., the cosmopolitan, the pluralist, and the sceptic. The cosmopolitan holds that GMOs can and should be used for alleviating global hunger, whereas the sceptic rejects this course of action. I will argue here for a moderately cosmopolitan approach, relying on the pluralist view of institutions and the need to exploit the benefits of GMOs. This argument rests on the premise that global cooperation on GMO production provides the relevant basis for assessing the use of GMOs by the standard of global distributive justice. (shrink)

International research, sponsored by for-profit companies, is regularly criticised as unethical on the grounds that it exploits research subjects in developing countries. Many commentators agree that exploitation occurs when the benefits of cooperative activity are unfairly distributed between the parties. To determine whether international research is exploitative we therefore need an account of fair distribution. Procedural accounts of fair bargaining have been popular solutions to this problem, but I argue that they are insufficient to protect against exploitation. I argue instead (...) that a maximin principle of fair distribution provides a more compelling normative account of fairness in relationships characterised by extreme vulnerability and inequality of bargaining potential between the parties. A global tax on international research would provide a mechanism for implementing the maximin account of fair benefits. This model has the capacity to ensure fair benefits and thereby prevent exploitation in international research. (shrink)

Interviews, field observations and other qualitative methods are being increasingly used to inform the construction of arguments in normative political theory. This article works to demonstrate the strong salience of some kinds of qualitative material for cosmopolitan arguments to extend distributive boundaries. The incorporation of interviews and related qualitative material can make the moral claims of excluded others more vivid and possibly more difficult to dismiss by advocates of strong priority to compatriots in distributions. Further, it may help to promote (...) the kind of perspective taking that has been associated with actually motivating a willingness to provide aid by individuals. Illustrative findings are presented from field work conducted for a normative project on global citizenship, including interviews with unauthorized immigrants and the analysis of artefacts left behind on heavily used migrant trails. (shrink)

The aim of this article is to introduce and defend a revised conception of responsibility - namely, participatory responsibility. It starts from the insight that some pressing problems of global injustice render our common conception of responsibility useless. As an alternative the author mainly discusses Iris Marion Young's social connection model of responsibility. However, Young's approach becomes unconvincing in addressing and weighing specific duties. The author therefore adds a basic rights approach to her conception and argues that mere participation in (...) a basic-rights-violating structure creates superordinated responsibilities for justice. Thus institutions and individual persons hold responsibility not because they have intentionally caused a foreseeable wrong, but because they have participated in, and thereby maintained, a social structure which has morally unacceptable effects. (shrink)

Education lies at the heart of the Universal Declaration of Human Rights (UDHR): ‘Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms’. However, when education is mentioned in the philosophical literature on human rights, or even within the literature on educational policy, it is usually within the context of its being treated as a specific right—as education as a human right rather than human rights education. (...) Taking rights and obligations to be intimately tied within a full human rights educational regime, I argue for the role of education in establishing and realizing freedom from poverty as a human right. The arguments for why this freedom should be considered a human right are compelling. I offer five educational moments in the human rights movement in general, and the arguments for freedom from poverty as a human right, more specifically, in my discussion of human rights education. (shrink)

This article surveys the recently established field of enquiry called 'development ethics' - that is, ethical enquiry into the normative basis of socio-economic development. This covers two levels of enquiry. First, it involves enquiry into the nature of human well-being and the social norms within which the conditions of well-being should be promoted, and includes consideration of both the means and the ends of development. Second, it involves the ethical basis of the wider global framework within which the development of (...) countries takes place. This covers both the normative basis of international relations and the global relations between individuals in different parts of the world as expressed in the idea of global responsibility. (shrink)

Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can be interpreted (...) in two different ways. Unfortunately, both interpretations are problematic. Lastly, I suggest a strategy for amending this problem. (shrink)

In this paper I argue that cosmopolitanism prohibits war and requires a global approach to criminal justice. My argument proceeds by drawing out some implications of the core cosmopolitan intuition that every human being has a moral status which constrains how they may be treated. In the first part of this paper, I describe cosmopolitanism. In the second part, Cosmopolitanism and War, I analyse violence, consider the standards cosmopolitanism sets for its justification, and argue that war fails to meet them. (...) In the third part, Cosmopolitanism and Criminal Justice, I argue that cosmopolitanism implies a moral obligation to deal justly with human wrongdoing wherever it occurs. Cosmopolitan pacifism follows: war is prohibited, and a consistent global criminal justice system is required. In the fourth part, Why No Cosmopolitan Pacifists?, I consider why cosmopolitans tend not to identify as pacifists, and in the final part, Objections, I discuss some objections. (shrink)