And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...

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.

In this critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

This is the first English translation of all of Kant's writings on moral and political philosophy collected in a single volume. No other collection competes with the comprehensiveness of this one. As well as Kant's most famous moral and political writings, the Groundwork to the Metaphysics of Morals, the Critique of Practical Reason, the Metaphysics of Morals, and Toward Perpetual Peace, the volume includes shorter essays and reviews, some of which have never been translated before. The volume has been furnished (...) with a substantial editorial apparatus including translator's introductions and explanatory notes to each text by Mary Gregor, and a general introduction to Kant's moral and political philosophy by Allen Wood. There is also an English-German and German-English glossary of key terms. (shrink)

It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

Amartya Sen has made a major contribution to the theory of social justice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can help us to construct a (...) normative conception of social justice, with critical potential for gender issues, only if we specify a definite set of capabilities as the most important ones to protect. Sen's "perspective of freedom" is too vague. Some freedoms limit others; some freedoms are important, some trivial, some good, and some positively bad. Before the approach can offer a valuable normative gender perspective, we must make commitments about substance. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

Gillian Brock develops a model of global justice that takes seriously the moral equality of all human beings notwithstanding their legitimate diverse identifications and affiliations. She addresses concerns about implementing global justice, showing how we can move from theory to feasible public policy that makes progress toward global justice.

Do we have positive duties to help others in need or are our moral duties only negative, focused on not harming them? Are any of the former positive duties, duties of justice that respond to enforceable rights? Is their scope global? Should we aim for global equality besides the eradication of severe global poverty? Is a humanist approach to egalitarian distribution based on rights that all human beings as such have defensible, or must egalitarian distribution be seen in an associativist (...) way, as tracking existing frameworks such as statehood and economic interdependence? Are the eradication of global poverty and the achievement of global equality practically feasible or are they hopelessly utopian wishes? -/- This book argues that there are basic positive duties of justice to help eradicate severe global poverty; that global egalitarian principles are also reasonable even if they cannot be fully realized in the short term; and that there are dynamic duties to enhance the feasibility of the transition from global poverty to global equality in the face of nonideal circumstances such as the absence of robust international institutions and the lack of a strong ethos of cosmopolitan solidarity. The very notion of feasibility is crucial for normative reasoning, but has received little explicit philosophical discussion. This book offers a systematic exploration of that concept as well as of its application to global justice. It also arbitrates the current debate between humanist and associativist accounts of the scope of distributive justice. Drawing on moral contractualism (the view that we ought to follow the principles that no one could reasonably reject), this book provides a novel defense of humanism, challenges several versions of associativism (which remains the most popular view among political philosophers), and seeks to integrate the insights underlying both views. (shrink)

Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- 1 Preliminaries -- 1.1 What Normative Ethics Is -- 1.2 What Normative Ethics Is Not -- 1.3 Defending Normative Theories -- 1.4 Factors and Foundations -- PART I FACTORS -- 2 The Good -- 2.1 Promoting the Good -- 2.2 Well-Being -- 2.3 The Total View -- 2.4 Equality -- 2.5 Culpability, Fairness, and Desert -- 2.6 Consequentialism -- 3 Doing Harm -- 3.1 Deontology -- (...) 3.2 Thresholds -- 3.3 The Scope of the Constraint -- 3.4 Doing and Allowing -- 3.5 Intending Harm -- 4 Other Constraints -- 4.1 Lying -- 4.2 Promises -- 4.3 Special Obligations -- 4.4 Conventions -- 4.5 Duties to Oneself -- 5 Further Factors -- 5.1 Demanding Too Much -- 5.2 Options -- 5.3 Rights -- 5.4 Interaction -- PART 2 FOUNDATIONS -- 6 Teleological Foundations -- 6.1 Foundational Theories -- 6.2 Egoism -- 6.3 Virtues -- 6.4 Act Consequentialism -- 6.5 Rules -- 7 Deontological Foundations -- 7.1 Contractarianism -- 7.2 Universalizability -- 7.3 The Ideal Observer -- 7.4 Reflection -- 7.5 Foundational Pluralism -- 7.6 Possibilities -- Suggested Readings -- References -- About the Book and Author -- Index. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of cultural (...) perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like other rights, to be contingent on social conditions, and in (...) particular on the nature of the international system. (shrink)

What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative approach” to the theory of (...) justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)

This essay explores the relation between two perspectives on the nature of human rights. According to the "political" or "practical" perspective, human rights are claims that individuals have against certain institutional structures, in particular modern states, in virtue of interests they have in contexts that include them. According to the more traditional "humanist" or "naturalistic" perspective, human rights are pre-institutional claims that individuals have against all other individuals in virtue of interests characteristic of their common humanity. This essay argues that (...) once we identify the two perspectives in their best light, we can see that they are complementary and that in fact we need both to make good normative sense of the contemporary practice of human rights. It explains how humanist and political considerations can and should work in tandem to account for the concept, content, and justification of human rights. (shrink)

Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like other rights, to be contingent on social conditions, and in (...) particular on the nature of the international system. (shrink)

Do we have positive duties to help others in need or are our moral duties only negative, focused on not harming them? If these positive duties exist, are they strong and strict demands or are they weak and discretionary? Can we say that at least some positive duties of assistance are also duties of justice worthy of institutionalization and coercive enforcement by legal institutions? Can the scope of some of such duties be cosmopolitan or should all of them be circumscribed (...) to what we owe to our compatriots? This paper addresses these questions from a Kantian perspective, and argues that Kant’s practical philosophy provides sufficient resources to develop and defend the claim that there are basic positive duties of justice, some of which have a global scope. (shrink)

Although the focus of "Globalizing Democracy and Human Rights" is practical, Gould does not shy away from hard theoretical questions, such as the relentless debate over cultural relativism, and the relationship between terrorism and democracy.

To be justifiable, the demands of a conception of human rights and global justice must be such that (a) they focus on the protection of important human interests, and (b) their fulfilment is feasible. I discuss the feasibility condition. I present a general account of the relation between moral desirability, feasibility and obligation within a conception of justice. I analyse feasibility, a complex idea including different types, domains and degrees. It is possible to respond in various ways if the fulfilment (...) of basic socioeconomic human rights against severe poverty seems at first to be infeasible. (shrink)

The consequentialist project for human rights -- Exceptions to libertarian natural rights -- The main principle -- What is well-being? What is equity? -- The two deepest mysteries in moral philosophy -- Security rights -- Epistemological foundations for the priority of autonomy rights -- The millian epistemological argument for autonomy rights -- Property rights, contract rights, and other economic rights -- Democratic rights -- Equity rights -- The most reliable judgment standard for weak paternalism -- Liberty rights and privacy rights (...) -- Clarifications and responses to objections -- Conclusion. (shrink)

"We hold these truths to be self-evident..." So begins the U.S. Declaration of Independence. What follows those words is a ringing endorsement of universal rights, but it is far from self-evident. Why did the authors claim that it was? William Talbott suggests that they were trapped by a presupposition of Enlightenment philosophy: That there was only one way to rationally justify universal truths, by proving them from self-evident premises. With the benefit of hindsight, it is clear that the authors of (...) the U.S. Declaration had no infallible source of moral truth. For example, many of the authors of the Declaration of Independence endorsed slavery. The wrongness of slavery was not self-evident; it was a moral discovery. In this book, William Talbott builds on the work of John Rawls, Jurgen Habermas, J.S. Mill, Amartya Sen, and Henry Shue to explain how, over the course of history, human beings have learned how to adopt a distinctively moral point of view from which it is possible to make universal, though not infallible, judgments of right and wrong. He explains how this distinctively moral point of view has led to the discovery of the moral importance of nine basic rights. Undoubtedly, the most controversial issue raised by the claim of universal rights is the issue of moral relativism. How can the advocate of universal rights avoid being a moral imperialist? In this book, Talbott shows how to defend basic individual rights from a universal moral point of view that is neither imperialistic nor relativistic. Talbott avoids moral imperialism by insisting that all of us, himself included, have moral blindspots and that we usually depend on others to help us to identify those blindspots. Talbott's book speaks to not only debates on human rights but to broader issues of moral and cultural relativism, and will interest a broad range of readers. (shrink)

This chapter replies to some standard objections to consequentialist moral principle, including the problem of expensive tastes, and R. Dworkin’s circularity objection. The chapter compares the main principle with Rawls’s resource-based theory of primary goods and the capabilities theories of Nussbaum and Sen. It then compares the main principle with J. S. Mill’s utilitarian principle and Rawls’s maximin expectation principle. This requires a further development of the idea of life prospects. The chapter then shows that both Mill’s and Rawls’s principles (...) have a distributional blindspot and explains why the main principle does not. As a heuristic for making determinations of the equitable promotion of life prospects, the chapter defines an expanded original position that makes it possible to extend the application of the main principle extend beyond the application of Rawls’s principles to include those with special health care needs and those with severe mental or physical impairments. The chapter explains why the main principle is prioritarian, rather than egalitarian or sufficientarian. It explains how the application of the main principle to social practices solves the problem of descriptive relativity. Finally, he explains his reasons for classifying the main principle as a consequentialist principle of moral improvement. (shrink)

This book provides a major new cross-disciplinary framework for thinking about poverty and human rights. Drawing on the fields of ethics, economics, and international law, Vizard demonstrates how the work of Nobel Laureate Amartya Sen has expanded and deepened human rights discourse across traditional disciplinary divides.

In this chapter, Talbott explains how the Proof paradigm, a model of top-down reasoning, has led to a serious misunderstanding of how moral judgments are epistemically justified. Talbott develops an alternative equilibrium model of moral reasoning based on the work of Mill, Rawls, and Habermas and uses it to show how bottom-up reasoning could have led to the discovery of human rights. Talbott uses the U.S. Constitution to illustrate the idea that guarantees of basic human rights are components of a (...) self-improving self-regulating system for promoting justice. The system does not have to begin with self-evident or even true principles of justice. Bottom-up reasoning can lead to changes that make it more just over time. (shrink)