This paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about land. It justifies liberty (...) rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

The prospect of dangerous climate change requires Humanity to limit the emission of greenhouse gases. This in turn raises the question of how the permission to emit greenhouse gases should be distributed and among whom. In this article the author criticises three principles of distributive justice that have often been advanced in this context. He also argues that the predominantly statist way in which the question is framed occludes some morally relevant considerations. The latter part of the article turns from (...) critique and advances a new way of addressing the problem. In particular, first, it proposes four key theses that should guide our normative analysis; and, second, it outlines how these four theses can be realised in practice. (shrink)

This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s attempt to reduce (...) perverse incentives (through expectation-altering institutional design) fails. Moore unduly privileges settler expectations, especially over those of indigenous peoples. I criticize United States court decisions resurrecting the expectations of past settlers in the allotment era (which share structural features with Moore’s arguments). Lastly, distinguishing between ‘final’ supersession of historical injustice through changing circumstances, and ‘dormant’ supersession, shows how indigenous claims to land and jurisdiction may revive. (shrink)

Should the current members of a community compensate the victims of their ancestor’s emissions of greenhouse gases? I argue that the previous generation of polluters may not have been morally responsible for the harms they caused.I also accept the view that the polluters’ descendants cannot be morally responsible for their ancestor’s harmful emissions. However, I show that, while granting this, a suitably defined notion of moral free-riding may still account for the moral obligation of the polluters’ descendants to compensate the (...) current victims of their ancestors’ actions. A concept of transgenerational free-riding is defined. Objections to the idea of using free-riding as part of a theory of justice are rejected. Two different views of moral free-riding are contrasted, with consequences for the amount of compensation to be exigible from the polluters’ descendants. Some final considerations are devoted to the possible relevance of this free-riding-based view for other issues of historical injustice. (shrink)

Journal of Political Philosophy, EarlyView.

This paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and it is plausibly (...) the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no legitimate expectations and so theories of justice provide no guidance as to who should get what in non-ideal conditions. However, this would be to render such theories more-or-less useless in practice. Through discussion of a series of vignettes, the paper offers an account of how we might think about the demands such expectations place on the systems that give rise to them even in cases where the system is unjust. (shrink)

Evidence provided by the scientific community strongly suggests that limits should be placed on greenhouse gas emissions. This means that states, firms, and individuals will have to face potentially serious burdens if they are to implement these limits. Which principles of justice should guide a global regime aimed at reducing greenhouse gas emissions originating from human activities, and most notably from CO2emissions? This is both a crucial and difficult question. Admittedly, perhaps this question is too ambitious, given the uncertainties and (...) complexities characterizing the issue of climate change. Yet, rather than listing them all at this stage, let us address the question in a straightforward manner, introducing some of these complexities as the need arises. (shrink)

While the energy transition is needed more than ever, for some agents it brings significant losses. This article investigates whether fossil fuel owners could refer to promises to avoid having their assets stranded. It explains how authors, in the context of just transitions, have argued for the normative relevance of Rawlsian legitimate expectations, which refer to promissory entitlements. However, it argues that the normative relevance of promises towards fossil fuel owners is limited, because there are only few promises about what (...) will be permissible in the future and because these promises should be just before they can lead to entitlements. (shrink)

Expectations play an important role in how people plan their lives and pursue their projects. People living in highly industrialized countries share a way of life that comes with high levels of emissions. Their expectations to be able to continue their projects imply their holding expectations to similarly high future levels of personal emissions. We argue that the frustration or undermining of these expectations would cause them significant harm. Further, the article investigates under what conditions people can be thought to (...) hold legitimate expectations, in particular about permissible levels of future emissions. We distinguish differing theories of understanding these conditions, namely authority-based and justice-based theories, that each allows us to systematically distinguish between legitimate and illegitimate expectations. Furthermore, with respect to individuals’ future permissible emissions we give several reasons for holding that such theories cannot identify a particular expectation to a specific level of personal emissions as the only legitimate one. Finally, we argue that the set of legitimate expectations that people hold with respect to a just and effective solution to climate change has normative significance in at least two ways: the differing but equally legitimate expectations ought to be taken into account when justifying what could count as such a solution and when determining the just way of arriving at and implementing such a solution. (shrink)

What does the growing tide of displaced persons today teach us about the ongoing paradoxes of human rights regimes, which rely on the particular sovereignty of nation-states for their constitution and application but are framed and normatively justified as universal? Working with Arendt’s defense of ‘the right to have rights’ in response to the problem of statelessness which is the practical lynchpin of these historical and theoretical tensions, I specify that and why any person on earth, regardless of their legal (...) status as a national or resident or non-resident alien, can legitimately expect two things from the political community in which they reside: hospitality and membership. (shrink)

Many people living in highly industrialised countries and elsewhere emit greenhouse gases at a certain high level as a by-product of their activities, and they expect to be able to continue to emit at that level. This level is far above the just per capita level. We investigate whether that expectation is legitimate and permissible. We argue that the expectation is epistemically legitimate. Given certain assumptions, we can also think of it as politically legitimate. Also, the expectation is shown to (...) be morally permissible but with major qualifications. The interpretation of the significance of the expectation is compatible with the understanding that historical emissions should count in terms of fairly distributing the benefits of emission-generating activities over people’s lifetimes but constrains the way in which we may collectively respond to climate change. (shrink)

The Kyoto Protocol on global warming has provoked great controversy in part because it calls for heavier burdens on wealthy countries than on developing countries in the effort to control climate change. The U.S. Senate voted unanimously to oppose any agreement that does not require emissions reductions in low-income countries. The ethics of this position are examined in this paper which shows that there are good moral reasons for supporting the provisions of the Kyoto Protocol. Such a conclusion follows easily (...) from considerations of distributive justice but can also be supported by more narrowly self-interested arguments. (shrink)

In this paper, I propose a framework to analyse the principle of the protection of legitimate expectations. It focuses on two main issues: the existence of a legitimate expectation and the protection that such an expectation deserves. On the first issue, I define the expectations, outline the internalist approach to legitimacy that I endorse in this context and explain two elements that make the legitimacy of the expectation vary (i.e. the passage of time and the type of law). On the (...) second issue, I first address the question of competing interests in general and the principle of equality in particular. Paying attention to the principle of equality implies we should look at the relative situation, after the change, of the persons that lose from the change and of the rest of the population. I then approach the balance of interests. (shrink)