One objection that has been consistently raised for theorists who are committed to the idea that we have a positive duty to aid the global poor is the overdemandingness objection. This article is a critical discussion of this objection. First, the objection is laid out in some detail. A number of influential attempts to meet the overdemandingness objection are then discussed, and it is argued that they all fail in their intended purpose. The conclusion of the article is not that (...) the overdemandingness objection cannot be met. Rather, the conclusion is that the overdemandingness objection constitutes a serious challenge to anyone who accepts the objection and goes beyond the standard libertarian doctrine and commits herself to the existence of positive duties to aid the global poor. (shrink)

Two of the greatest challenges facing humanity are environmental degradation and the persistence of poverty. Both can be met by instituting a Global Resources Dividend (GRD) that would slow pollution and natural-resource depletion while collecting funds to avert poverty worldwide. Unlike Hillel Steiner's Global Fund, which is presented as a fully just regime governing the use of planetary resources, the GRD is meant as merely a modest but widely acceptable and therefore realistic step toward justice. Paula Casal has set forth (...) various ways in which this step might be improved upon. Solid counter-arguments can be given to her criticisms and suggestions. But to specify the best (effective and realizable) design of an appropriate global institutional mechanism with some confidence, economists, political scientists, jurists, environmental scientists, and activists would need to be drawn in to help think through the immense empirical and political complexities posed by this urgent task. (shrink)

Sen’s capabilities approach offers a radical generalisation of the conventional approach to welfare economics. It has been highly influential in development and many researchers are now beginning to explore its implications for health care. This paper contributes to the emerging debate by discussing two examples of such applications: first, at the individual decision making level, namely the right to die, and second, at the social choice level. For the first application, which draws on Nussbaum’s list of capabilities, it is argued (...) that many capabilities are ambiguously or indirectly related to the right to die, but the ability to form a concept of the good life and plan one’s own life provides a direct justification for such a right. In the second application, the focus is specifically on healthcare rationing and it is argued that, although not committed to age based rationing, the capabilities approach provides a more natural justification of age related access to health care than the fair innings argument, which is often used to justify the alleged ageism inherent in quality adjusted life years maximisation. (shrink)

Two principles form the basis for much priority setting in health. According to the greater benefit principle, resources should be directed toward the intervention with the greater health benefit. According to the worse off principle, resources should be directed toward the intervention benefiting those initially worse off. Jointly, these principles accord with so-called prioritarianism. Crucial for its operationalisation is the specification of the worse off. In this paper, we examine how the worse off can be defined as those with the (...) fewer lifetime Quality-Adjusted Life Years (QALYs). We contrast this proposal with several alternative specifications. (shrink)

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...) is allowed to operate. This conflict might be resolved either by adopting a cosmopolitan theory of justice (which leaves no room for national responsibility) or by adopting a ‘political’ theory of justice (which denies that questions of distributive justice can arise beyond the walls of the sovereign state). Since neither resolution is satisfactory, the chapter defends the idea of national responsibility and proposes a new theory of global justice, whose main elements are the protection of basic human rights worldwide, and fair terms of interaction between independent political communities. (shrink)

This article argues that there is no human right to cross borders without impediment. Receiving states, however, must recognize the procedural rights of those unable to protect their human rights in the place where they currently reside. Asylum claims must be properly investigated, and in the event that the state declines to admit them as refugees, it must ensure that the third country to which they are transferred can protect their rights. Both procedural and substantive rights apply while refugees are (...) physically present in the state’s territory and their immigration status is being investigated. The state’s obligation to protect these rights arises from the power it exercises over them. In contrast, the state does not exercise equivalent power over those it declines to admit in the first place, even though its immigration criteria – if discriminatory in the negative sense – can be faulted on other grounds. Beneath these arguments lie two basic assumptions: one is the need to separate human rights claims from other claims of justice, especially those deriving from citizenship; the other is the need to determine who bears the obligations that correspond to these rights. Attention to the different relations in which prospective immigrants may stand toward the state they hope to enter can help us understand how border regimes may comply with, or violate, human rights. (shrink)

Inequalities that arise because of the influence of arbitrary factors of social or natural contingency, as opposed to choices, are unjust. But whilst liberals wish to preserve and protect the affective family, parental partiality to their own children can result in an inequality that is unjust on account of it being attributable to arbitrary factors. Children's access to resources and opportunities should not be significantly determined by parental entitlement to resources. Justice requires not the abandonment of the family, but it (...) does impose constraints on the ways in which parents can permissibly express their partiality for their children. (shrink)

This paper argues that the relevant unit of analysis for assessing the justice of an immigration policy is the socially-situated individual (as opposed to the individual simpliciter or the nation-state, for example). This methodological principle is demonstrated indirectly by showing how some liberal, cosmopolitan defenses of "open borders" and the alleged right of immigration fail by their own standards, owing to the implicit adoption of an inappropriate unit of analysis.

In World Poverty and Human Rights, Thomas Pogge argues that the global rich have a duty to eradicate severe poverty in the world. The novelty of Pogges approach is to present this demand as stemming from basic commands which are negative rather than positive in nature: the global rich have an obligation to eradicate the radical poverty of the global poor not because of a norm of beneficence asking them to help those in need when they can at little cost (...) to themselves, but because of their having violated a principle of justice not to unduly harm others by imposing on them a coercive global order that makes their access to the objects of their human right to subsistence insecure. In this paper, I claim that although Pogge is right in arguing that negative duties are crucial in an account of global justice, he is wrong in saying that they are the only ones that are crucial. Harming the global poor by causing their poverty provides a sufficient but not a necessary condition for the global rich to have a duty of justice to assist them. After engaging in a critical analysis of Pogges argument, I conclude by suggesting the need for a robust conception of cosmopolitan solidarity that includes positive duties of assistance which are not mere duties of charity, but enforceable ones of justice. (shrink)

Children: Rights and Childhood is widely regarded as the first book to offer a detailed philosophical examination of children’s rights. David Archard provides a clear and accessible introduction to a topic that has assumed increasing relevance since the book’s first publication. -/- The third edition has been fully revised and updated throughout with a new chapter providing an in-depth analysis of the United Nations Convention on the Rights of the Child (UNCRC) and Part 2 has been restructured to move the (...) reader from general theoretical considerations of children’s rights through to practical issues. This volume is ideal reading for advanced studies across Philosophy, Social Work, Law, Childhood Studies, Politics, and Social Policy. (shrink)

In her long-awaited Responsibility for Justice, Young discusses our responsibilities to address "structural" injustices in which we among many are implicated, often by virtue of participating in a market, such as buying goods produced in sweatshops, or participating in booming housing markets that leave many homeless.

Whether children have rights is a debate that in recent years has spilled over into all areas of public life. It has never been more topical than now as the assumed rights of parents over their children is challenged on an almost daily basis. David Archard offers the first serious and sustained philosophical examination of children and their rights. Archard reviews arguments for and against according children rights. He concludes that every child has at least the right to the best (...) possible upbringing. Denying that parents have any significant rights over their children, he is able to challenge current thinking about the proper roles of state and family in rearing children. Crucially, he considers the problem of how to define and understand `child abuse'. (shrink)

Debates on humanitarian intervention have focused on the permissibility question. In this paper, I ask whether intervention can be a moral duty, and if it is a moral duty, how this duty is to be distributed and assigned. With respect to the first question, I contemplate whether an intervention that has met the "permissibility" condition is also for this reason necessary and obligatory. If so, the gap between permission and obligation closes in the case of humanitarian intervention. On the second (...) question, I propose 'institutionalizing" the duty to intervene. In this way, an otherwise imperfect obligation to intervene can be made "perfect" and specific to some agent. (shrink)