In July 2008, Pacific Rim Mining, a socially responsive Canadian gold mining Multinational Corporation (MNC) with $77 million invested in El Salvador, experienced a 30% decline in stock price when it suspended exploration drilling for gold there. In April 2009, the company filed a lawsuit against the government of El Salvador through Central American Free Trade Agreement to recover its investments plus damages. This corporate failure is explored based on: (1) four globalization economic development models, (2) the social, political, and (...) economic history of El Salvador, (3) the El Salvador gold mining industry, and (4) social movement reactions to international mining companies. MNCs must carefully engage "Social Justice" Nongovernment Organizations when pursuing economic development projects to ensure a nation's successful integration into the global economy. (shrink)

American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due in part to the (...) investments of employees and of the host community. The contributions of the latter should therefore be adequately recognized in law. Short-term job protection and long-term planning for leisure are helpful. But still more important is a recognition in public policy of the interests of the community in property owned by corporations. There is ample precedent in our legal traditions for public preemption of private property; but in contrast to much taking in the past, this must be exercized in a manner that is truly for the public benefit. (shrink)

Business ethics should include illicit businesses as targets of investigation. For, though such businesses violate human rights they have been largely ignored by business ethicists. It is time to surmount this indifference in view of recent international efforts to define illicit businesses for regulatory purposes. Standing in the way, however, is a meta-ethical question as to whether any business can be declared unqualifiedly immoral. In support of an affirmative answer I address a number of counter-indications by comparing approaches to organized (...) crime and to corporate crime, comparing the ethical critique of businesses studied in business ethics and those socially banned, and comparing the business ethics assumption as to businesses’ ethicality to societal ethical neutrality regarding war-related businesses. My conclusion: to help advance respect for human rights, business ethicists should apply their expertise to the task of defining illicit businesses. (shrink)

Typically people make ethical judgments with reference to unchanging principles, standards, rights, and values. This essay argues that such an ahistorical approach to ethics should be supplemented by a due regard for history. Invoking precedents by authors such as Jonsen and Toulmin, McIntyre, Niebuhr, Weber, De Tocqueville, Machiavelli and others, this essay explores several important ways in which a due regard for history can and should shape the practice of business ethics. Thus a due regard for history helps us both (...) to cultivate fitting appreciation of cultural mores and to understand how current problems and issues have developed as they have; it helps us to gauge current responsibilities with respect legacies of problems inherited from the past; it helps us to develop a lively sense of what is possible in the present, given current contingencies and past experiences; and it moves us to rethink the practice of ethical auditing: not just as a backward-looking effort to gauge compliance but as a forward-looking way of learning from actual experiences and developing fitting responses. (shrink)

This essay examines a special program developed by the international Canadian mining firm, Placer Dome, to help recently laid-off workers find remunerative work in southern Africa. Shortly after it bought a 50% interest in the Deep South gold mine in South Africa, the mine laid off nearly 2600 workers. The firm gave redundant miners token serverance pay and offered them opportunity to participate in training and counseling services at the mine site. Overwhelmingly, the miners came from homes all over southern (...) Africa at great distance from the mine to which homes they chose to return. In addition, many had become ill from the HIV virus. Placer Dome soon realized that something more was required, given the very high rates of unemployment in the region. After securing grants from USAID and CIDA, and working with NGOs representing both the unions and mining companies in South Africa, the firm developed Project CARE. The project contacted workers where they lived and offered them or another proxy member of their households a variety of training, coaching, and consultative services. Within 2 years 65% of those contacted had either found new employment or started their own business. The project helped those households with HIV-affected ex-miners care for their affected family members. While describing the case, the essay raises more general ethical questions about the responsibilities of mining firms in particular for their redundant workers. (shrink)

This essay examines a special program developed by the international Canadian mining firm, Placer Dome, to help recently laid-off workers find remunerative work in southern Africa. Shortly after it bought a 50% interest in the Deep South gold mine in South Africa, the mine laid off nearly 2600 workers. The firm gave redundant miners token serverance pay and offered them opportunity to participate in training and counseling services at the mine site. Overwhelmingly, the miners came from homes all over southern (...) Africa at great distance from the mine to which homes they chose to return. In addition, many had become ill from the HIV virus. Placer Dome soon realized that something more was required, given the very high rates of unemployment in the region. After securing grants from USAID and CIDA, and working with NGOs representing both the unions and mining companies in South Africa, the firm developed Project CARE. The project contacted workers where they lived and offered them or another proxy member of their households a variety of training, coaching, and consultative services. Within 2 years 65% of those contacted had either found new employment or started their own business. The project helped those households with HIV-affected ex-miners care for their affected family members. While describing the case, the essay raises more general ethical questions about the responsibilities of mining firms in particular for their redundant workers. (shrink)

This book contains a variety of essays aimed at developing a philosophical defense of public goods against neo-liberal criticisms. Looking at concepts such as collective action, common property, intellectual property and issues such as health, education, welfare, environment, media, cities, and the prison industrial complex.

v. 1. Editorial introduction -- v. 2. The English and Latin texts (i) -- v. 3. The English and Latin texts (ii).

The massive disparity between the relative wealth of most citizens in affluent countries and the profound poverty of billions of people struggling elsewhere for survival is morally jolting. But why exactly is this disparity so outrageous and how should the citizens of affluent countries respond? Political philosopher, Thomas Pogge, has emerged as one of the world’s most ardent critics of global injustice which, he argues, is caused directly by the operation of a global institutional order that not only systematically disadvantages (...) poor countries but is imposed on them by precisely those wealthy, powerful countries that benefit the most from the order’s injustice. In allowing their governments to perpetrate this injustice, Pogge contends that citizens of the wealthy countries collude in a monumental crime against humanity. In this book Pogge’s challenging and controversial ideas are debated by leading political philosophers from a range of philosophical viewpoints. With a clear and informative introduction by Alison Jaggar, and original contributions from Neera Chandhoke, Jiwei Ci, Joshua Cohen, Erin Kelly, Lionel McPherson, Charles W. Mills, Kok-Chor Tan, and Leif Wenar, this volume deepens and expands the debate over global justice and moral responsibility in the world today. (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...) more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices. (shrink)

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

Thomas Pogge tries to explain the attitude of affluent populations to world poverty. One or two per cent of the wealth of the richer nations could help in eradicating much of the poverty and Pogge presents a powerful moral argument.

Suppose libertarians could prove that durable, unqualified private property rights could be created through 'original acquisition' of unowned resources in a state of nature. Such a proof would cast serious doubt on the legitimacy of the modern state. It could also render the approach to property rights that I favour irrelevant. I argue here that none of the familiar Lockean-libertarian arguments for a strong natural right to acquisition succeed, and that any successful argument for grounding a right to acquire would (...) have to use my favoured approach to property rights - the 'vector-sum' approach. I conclude with some doubts about original acquisition theory and natural property rights. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of (...) Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of (...) Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

The transformation in the structure of the world mining industry over the last decade has opened up enormous new regions for mineral exploration and development by transnational mining companies in countries in the South. This new access has inevitably brought mining companies into conflict with local communities. With the involvement of transnational advocacy networks and new global publics, these conflicts have prompted a growing transnational debate on the principles that ought to govern mining and community relationships. One effort to provide (...) guidance on this question comes from the World Bank's Operational Directive 4.30 on Involuntary Resettlement. This paper examines the regulatory impact of this policy upon relationships between mining companies and communities, as well as its "legitimation effect" in providing standards which, once met, can serve to certify a degree of responsible behaviour on the part of the company. The analysis of the effects of the directive is taken up in the form a case study involving a transnational mining company operating in the Andes of Peru and the local communities impacted by its land acquisition project. (shrink)

This article seeks to determine whether PT Freeport Indonesia, an operating subsidiary of Freeport-McMoRan Copper and Gold Inc., has acted in environmentally and socially responsible ways in the context of its operations in Papua, Indonesia, and how well it has responded to the legacy left by its less responsible operations from 1973 until the mid-1990s. This objective is achieved by examining the company's impact on the resources and assets with which it comes into contact as part of its operations, as (...) well as through a historical review of the province of Papua and its incorporation into Indonesia, Freeport's entry into Papua, and the company's engagement with international and Indonesian politics. (shrink)

In the late eighteenth century, an array of European political thinkers attacked the very foundations of imperialism, arguing passionately that empire-building was not only unworkable, costly, and dangerous, but manifestly unjust. Enlightenment against Empire is the first book devoted to the anti-imperialist political philosophies of an age often regarded as affirming imperial ambitions. Sankar Muthu argues that thinkers such as Denis Diderot, Immanuel Kant, and Johann Gottfried Herder developed an understanding of humans as inherently cultural agents and therefore necessarily diverse. (...) These thinkers rejected the conception of a culture-free "natural man." They held that moral judgments of superiority or inferiority could be made neither about entire peoples nor about many distinctive cultural institutions and practices.Muthu shows how such arguments enabled the era's anti-imperialists to defend the freedom of non-European peoples to order their own societies. In contrast to those who praise "the Enlightenment" as the triumph of a universal morality and critics who view it as an imperializing ideology that denigrated cultural pluralism, Muthu argues instead that eighteenth-century political thought included multiple Enlightenments. He reveals a distinctive and underappreciated strand of Enlightenment thinking that interweaves commitments to universal moral principles and incommensurable ways of life, and that links the concept of a shared human nature with the idea that humans are fundamentally diverse. Such an intellectual temperament, Muthu contends, can broaden our own perspectives about international justice and the relationship between human unity and diversity. (shrink)

During the 1780s, as Kant was developing his universalistic moral theory, he published texts in which he defended the superiority of whites over non-whites. Whether commentators see this as evidence of inconsistent universalism or of consistent inegalitarianism, they generally assume that Kant's position on race remained stable during the 1780s and 1790s. Against this standard view, I argue on the basis of his texts that Kant radically changed his mind. I examine his 1780s race theory and his hierarchical conception of (...) the races, and subsequently address the question of the significance of these views, especially in the light of Kant's own ethical theory. I then show that during the 1790s Kant restricts the role of the concept of race, and drops his hierarchical account of the races in favour of a more genuinely egalitarian and cosmopolitan view. (shrink)

This research engages with the problem of company-community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate high-level corporate social (...) responsibility policy into on-the-ground practice. This research focuses on the "process" aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company-community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then "mechanisms-inpractice" must be better understood and constructively critiqued along all justice dimensions. (shrink)

This research engages with the problem of company–community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate high-level corporate social (...) responsibility policy into on-the-ground practice. This research focuses on the “process” aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company–community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then “mechanisms-in-practice” must be better understood and constructively critiqued along all justice dimensions. (shrink)

The combination of corporate-community conflicts and oil transnational corporations' (TNCs) rhetoric about being socially responsible has meant that the issue of community development and poverty reduction have recently moved from the periphery to the heart of strategic business thinking within the Nigerian oil industry. As a result, oil TNCs have increasingly responded to this challenge by adopting partnership strategies as a means to contribute to poverty reductions in their host communities as well as secure their social licence to operate. This (...) paper critically examines the strengths and weaknesses of the different community development partnership (CDPs) initiatives employed by Shell, Exxon Mobil and Total to contribute to poverty reduction within their host communities in the Niger Delta, Nigeria. Drawing on empirical data and critical analysis, the paper argues that while the CDP initiatives by SPDC, MPN and EPNL have the potential to contribute to community development, the failure to integrate negative injunction duties into existing partnerships means that the partnerships make no difference to how oil TNCs conduct their core business operation. Consequently, CDPs have had limited positive impact on poverty reduction in the Niger Delta. The paper concludes by examining the implications of the emerging issues for partnership and poverty reduction. (shrink)

In recent years, global corporations, especially in the oil and mining sectors, have been speaking the language of development. While corporations are increasingly being imputed a major development role by multilateral organizations, this remains a controversial topic. Even more controversial is the question of whether corporations make a meaningful contribution to development in conflict situations or the absence of democratic government. Some firms, however, such as Talisman Oil, do try to justify their operating in conflict zones such as Sudan on (...) this very basis. This paper contends that Talisman has not contributed to development, but rather is a part of the problem. The paper also develops a more general argument as to why this situation is not particular to Talisman, but is likely to hold for any corporation operating under similar circumstances. (shrink)

The "non-identity argument" has been applied to reject the validity of claims for historic justice, often generating highly unintuitive conclusions. George Sher has suggested a solution to this problem, explaining the harm to descendants of historically wronged peoples as deriving not from the historic wrongs but from the failure to provide rectification to the previous generation for harm they suffered. That generation was likewise owed rectification for harm they suffered from failure to provide rectification to the generation preceding them. In (...) this chain of injustices each failure to provide rectification to one is the source of wrongful harm to the next. Such chains form a "bridge" between the historic wrong and the harm suffered by living individuals. I call this approach the subsequent-wrong solution (SWS). I argue that bypassing the non-identity argument in this way is problematic. First, SWS cannot justify rectification in seemingly legitimate historic-justice claims, such as historic wrongs generating delayed harms that skip generations. Second, SWS justifies rectification for the wrong reasons, denying the essence of historic-justice claims: that past wrongs, for which original wrongdoers are responsible, harm descendants of original victims. Finally, SWS does not fully account for group membership's role in historic injustice, unable to distinguish between claims of descendants of historic victims and claims made by others with unrelated interests in the rectification of the previous generation. A supplementary solution is needed, focusing on the role of group harm and group membership. The plausibility of this approach, tying individual harm to group harm, derives from these three limitations of the subsequent-harm solution. I give a rudimentary account of what such a solution would look like. (shrink)

In this paper I address the issue of how far libertarianism can serve as the theoretical framework for a political morality excluding serious obligations to the needy. This issue has been raised recently by Gillian Brock who argues that even those adopting a thoroughgoing libertarianism, such as that of Robert Nozick, must recognise significant obligations to the needy as a condition of claiming exclusive property rights. I argue that Brock fails to demonstrate this. After briefly describing Brock's main argument I (...) discuss the acquisition of libertarian property rights, and try to show there are sufficient resources in Nozick's account for him to accept her main conclusion in principle without recognising significant obligations. Then, after some supplementary discussion, I sketch two different lines of argument. One uses the issue of corporate liability. The other focusses on problems with Nozick's "entitlement" principle of rectification. I try to show that even if the libertarian entitlement theory of property rights, their acquisition and transfer, is accepted, this gives no grounds for resisting claims for redistribution based on others' needs. (shrink)

Trust and corporation (extracts) / by F.W. Maitland -- Respublica Christiana -- by J.N. Figgis -- Society and state / by R.M. MacIver -- The discredited state / by E. Barker -- Conflicting social obligations / by G.D.H. Cole -- Community is a process / by M.P. Follett -- The eruption of the group / by E. Barker -- The masses in a representative democracy / by M. Oakeshott -- The atavism of social justice / by F.A. von Hayek -- (...) Collective entities and moral rights / by V. van Dyke -- Capitalism, citizenship and community / by S. Macedo -- Liberalism and the politicization of ethnicity / by W. Kymlicka -- Are there any cultural rights? / by C. Kukathas -- The civil society argument / by M. Walzer. (shrink)

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's patriarchal right over (...) women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

Thomas Hobbes took a new look at the ways in which society should function, and he ended up formulating the concept of political science. His crowning achievement, Leviathan, remains among the greatest works in the history of ideas. Written during a moment in English history when the political and social structures as well as methods of science were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world. This edition of Hobbes' landmark (...) work is based on the original text. It incorporates the author's own corrections and retains the period spelling and punctuation, offering both flavorful authenticity and the utmost clarity of expression. (shrink)