This book provides a systematic introduction to the debate on historical emissions and climate change, for students, researchers and policymakers.

The paper has the following structure. In Section I, I introduce some important methodological preliminaries by asking: How should one reason about global environmental justice in general and global climate change in particular? Section II introduces the key normative argument; it argues that global climate change damages some fundamental human interests and results in a state of affairs in which the rights of many are unprotected: as such it is unjust. Section III addresses the complexities that arise from the fact (...) that some of the ill effects of global climate change will fall on the members of future generations. Section IV shows that some prevailing approaches are unable to deal satisfactorily with the challenges posed by global climate change. If the argument of this paper is correct, it follows that those who contribute to global climate change through high emissions are guilty of human rights violations and they should be condemned as such. (shrink)

Early discussions of ?climate justice? have been dominated by economists rather than political philosophers. More recently, analytical liberal political philosophers have joined the debate. However, the philosophical discussion of climate justice remains in its early stages. This paper considers one promising approach based on human rights, which has been advocated recently by several theorists, including Simon Caney, Henry Shue and Tim Hayward. A basic argument supporting the claim that anthropogenic climate change violates human rights is presented. Four objections to this (...) argument are examined: the ?future persons? objection; the ?risk? objection; the ?collective causation? objection; and the ?demandingness? objection. This critical examination leads to a more detailed specification and defence of the claim that anthropogenic climate change violates human rights. (shrink)

In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.

This article examines the concept of historical injustice in the context of contemporary political theory. It examines the moral consequences of historical injustice for the descendants of both the perpetrators and the victims and outlines the six questions that any plausible defence of the idea of making reparations for past injustices must deal with. It suggests that taking historical injustice seriously is compatible with moral cosmopolitanism and it also helps with the understanding the nature of various kinds of inequalities that (...) persist today. (shrink)

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)

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.

The book examines the philosophical foundations of private law, arguing that the foremost preoccupations of the law of obligations are grounded in and pervade the personal lives of individuals.

In earlier articles, the author developed what is known as the "Supersession Thesis," asserting that historic injustice may be overtaken by changes in circumstances so that a situation that was unjust when it was brought about may coincide with what justice requires at a later time. The Supersession Thesis was developed initially as a tool for considering historic injustice suffered by indigenous peoples in the European settlement of countries like Australia, Canada, New Zealand, and the United States. In this paper, (...) the author explores the application of the Supersession Thesis to issues about the Palestinian right of return and also to Israeli settlements in the Occupied Territories. The paper argues that, while it is not unthinkable that the Supersession Thesis might eventually legitimize the settlements and undermine the Palestinian right of return, there is no guarantee that this will happen. The application of the Supersession Thesis does not depend on the passage of time, but on changes in circumstances that a theory of justice makes relevant. Many of the circumstances that make the Supersession Thesis relevant to the post-colonial situations described do not apply in the Israeli situation. Nevertheless, it is worth considering the possibility of applying the Supersession Thesis in this case, because it enables us to assess the merits of the Thesis more sharply in relation to injustice that is taking place now, as opposed to injustice that took place in the nineteenth century. (shrink)

The emission of greenhouse gases causes climate change. Therefore, many support a global cap on emissions. How then should the emissions allowed under this cap be distributed? We first show that above average past emissions cannot be used to justify a right to above average current emissions. We then sketch three basic principles of distributive justice and argue, first, that prioritarian standards are the most plausible and, second, that they speak in favour of giving people of developing countries higher emission (...) rights than people of industrialised countries. In order to support this point it has to be shown, inter alia, in what ways the higher past emissions of industrialised countries are relevant for today’s distribution of emission rights. (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)

It has been argued by some that the present non-existence of future persons entails that whatever obligations we have towards them are not based on rights which they have or might come to have. This view is refuted. It is argued that the present non-existence of future persons is no impediment to the attribution of rights to them. It is also argued that, even if the present non-existence of future persons were an impediment to the attribution of rights to them, (...) the rights they will have when they come into existence constitute a constraint on present actions. Both arguments build on a suggestion of Joel Feinberg's. Next, three arguments are considered which, while they do not highlight the non-existence issue, are related to it. The view that the causal dependence, of (some) future people on present policies, erodes or weakens the claim that rights considerations should constrain our present actions concerning them, is considered and rejected. The view that future people can only have rights to what is available at the time at which these people come into existence is considered and rejected. So too is the view that the attribution of rights to future people involves, in virtue of resource scarcity, an unacceptable arbitrariness. (shrink)

abstract In what follows I respond to Henry Shue's paper by focusing on three principal themes. The first is the relation of philosophical theory to practice, in which I agree that philosophers have to run the risks attendant upon applying reason to concrete cases. The second is the use of examples in moral philosophy, in particular the example used in the justification of torture as an exception; here I draw distinctions between different types of examples in philosophy and the uses (...) to which they are put. Thirdly, in a brief consideration of our responses to climate change I suggest that, contra Shue, we are not being asked to go beyond a normal requirement so much as to re-establish the boundaries of what counts as normal. (shrink)

abstract Because we are more comfortable with judgements of conceptual conceivability than with judgements of practical possibility, we content ourselves with imaginary cases, which are useless for making many decisions that practical people most need to make, notably all-things-considered decisions about when to follow an admitted general principle and when to make an exception. The diverse cases of climate change, preventive attack, and torture all illustrate how the avoidance of the difficult task of integrating empirical judgements with conceptual judgements through (...) the flight into the sanitized abstraction of imaginary cases undermines attempts at practical ethics. All three cases involve allegedly exceptional, or emergency, situations, although climate change seems to require more than the usual compliance with general principle while preventive attack and torture supposedly require less than the usual compliance. By my lights the proposed exceptions are, respectively, fully, sometimes, and never justified. But the fundamental point is that one unfortunately cannot decide any of the cases without assessing what is in fact likely as well as what is conceptually possible. (shrink)