This paper explores the theoretical basis of the third party’s duty of justice as to grave human rights violations, presenting role obligations as the best complement to the literature. It begins with discussions on agents of justice in duty-based theories, notably O’Neill’s account on global justice, and rights-based theories, which are both included in the institution-centred perspective. I claim that these studies have failed to consider an individual duty bearer’s motive, autonomous reasoning and integrity (...) in relation to justice, all of which constitute serious lacunae for the effective accomplishment of responsibility. To supplement, I introduce the distinction between responsibility and commitment, and acknowledge that combining the two is the desirable condition for recognising the duty of justice. Finally, I argue that the role obligations undertaken through personal acceptance of an institution-based role or a commitment-based role related to human rights norms adequately explain third parties’ duty to protect others from serious harm. (shrink)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties of justice, whereas positive duties (...) (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (shrink)

Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...) warming raises the prospect that we need a global form of political authority that could coordinate the actions of states in order to address this environmental threat. This in turn suggests that any serious effort to mitigate climate change will entail new limits on the sovereignty of states. In this book I focus on the normative question of whether or not we have clear moral reasons to bind ourselves together in such a supranational form of political association. I argue that one can employ familiar liberal arguments for the moral legitimacy of political order at the state level to show that we do have a duty to support such a global political project. Even if one adopts the premises employed by the most influential forms of liberal scepticism to the ideas of global political and distributive justice, such as those advanced by John Rawls and Thomas Nagel, it is clear that the threat of global warming has expanded the scope of justice. We now have a global and demanding duty of justice to create the political conditions that would allow us to collectively address our impact on the Earth’s atmosphere. (shrink)

Can agents be duty-bound towards ends that are infeasible? Some scholars have endorsed a “feasibility constraint” on justice and answered that we cannot be duty-bound to bring about the infeasible. In this paper, I question whether the feasibility constraint on justice should still be endorsed and whether we are duty-bound to pursue some aims regardless of this constraint. I ask: Can an ethical agent be duty-bound to work towards bringing about a state of affairs (...) that is desirable but infeasible? I consider the climate crisis: climate justice may require us to work towards ends that may be infeasible, such as maintaining global climate warming below 1.5°C or mitigating climate change in a way that treats all people affected fairly. I argue that we may be duty-bound or obliged to work towards some desirable goals when faced with the infeasible and conclude that we should reject feasibility constraints on climate justice. (shrink)

This essay asks what it is about the practice of trade that grounds duties of justice between states as trade partners. The answer advanced is that such duties are grounded in the dependence that trade generates. The essay puts forward four conditions that a plausible account of grounding in trade must meet: it must admit of degrees, explain the distinctly international character of trade justice, ground both procedural and distributive duties, and it must be a necessary feature of (...) all trade relationships which generate duties of justice. A dependence account of grounding meets all four conditions, and does so in an intuitively compelling way. While other accounts of what grounds duties of trade justice can meet some of the conditions, none can meet all of them. Relative to rival candidates, then, the dependence account provides a firmer foundation for the ongoing attempts to develop a comprehensive theory of trade justice. (shrink)

I argue that the best available parent view, in its present formulation, struggles to accommodate for our very weighty duty not to perpetuate historical injustices. I offer an alternative view that reconciles this tension.

Much of the climate justice discussion revolves around how the remaining carbon budget should be globally allocated. Some authors defend the unjust enrichment interpretation of the beneficiary pays principle (BPP). According to this principle, those states unjustly enriched from historical emissions should pay. I argue that if the BPP is to be constructed along the lines of the unjust enrichment doctrine, countervailing reasons that might be able to block the existence of a duty of restitution should be assessed. (...) One might think that the duty to provide restitution no longer has moral weight if many benefits were already consumed, if the particular benefits obtained from historical emissions cannot be transferred from one country to another, or if present members of developed countries framed their life plans based upon the expectation of continued possession of those benefits. I show that none of these reasons negate the duty to provide restitution. (shrink)

Informal political representation can be a political lifeline, particularly for oppressed and marginalized groups. Such representation can give these groups some say, however mediate, partial, and imperfect, in how things go for them. Coeval with the political goods such representation offers these groups are its particular dangers to them. Mindful of these dangers, skeptics challenge the practice for being, inter alia, unaccountable, unauthorized, inegalitarian, and oppressive. These challenges provide strong pro tanto reasons to think the practice morally impermissible. This paper (...) considers the question: On what conditions is the informal political representation of oppressed and marginalized groups permissible? By responding to skeptics’ challenges, I develop a systematic account of moral constraints that, if adopted, would make such representation permissible. The account that emerges shows that informal political representatives (IPRs) must aim to fulfill two sets of sometimes conflicting duties to the represented: democracy within duties, which concern how the representative treats and relates to the represented, and justice without duties, which concern how the representative’s actions advance the aims of the representation. (shrink)

I formulate and defend a theory of special procreative duties in the context of a liberal egalitarian theory of justice. I argue that (1) the only special duty that procreators owe their offspring is that of ensuring that their life prospects are non-negative (worth living), and (2) the only special duty that procreators owe others is that of ensuring that they are not disadvantaged by the procreators’ offspring (a) violating their rights or (b) adversely affecting their equality (...) rights and duties. (shrink)

Among Anglo-American philosophers, contemporary debates about global economic justice have often focused upon John Rawls’s Law of Peoples. While critics and advocates of this work disagree about its merits, there is wide agreement that, if today’s wealthiest societies acted in accordance with Rawls’s Duty of Assistance, there would be far less global poverty. I am skeptical of this claim. On my view, the Duty of Assistance is unlikely to require the kinds and amounts of assistance that would (...) be sufficient to eradicate much global poverty. This is because the DA cannot require societies to rapidly or radically change their ways life, and because the kinds and amounts of assistance that are most likely to eradicate global poverty would cause rapid and radical changes to the ways of life of the societies that undertook them. (shrink)

In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...) the final section, I suggest that it is probably better to restrict the label “corrective duties” to duties generated by interpersonal wronging. (shrink)

Two classes of arguments are often deployed by the anti-global egalitarians against attempts to universalize the demands of distributive equality. One are arguments attempting to show that global egalitarians have misconstrued the reasons for why equality matters domestically, and hence have wrongly extended these reasons to the global arena. These arguments hold that the boundary of distributive justice is effectively coextensive with the boundaries of state. The other are arguments that attempt to show that membership in political societies generates (...) special duties among members that may outweigh the demands of global egalitarianism. These arguments appeal to the ethical significance of state boundaries and membership. In my defense of global egalitarianism, I reject both the attempts to limit the boundary of justice and the attempts to give state boundaries special moral significance and priority. In particular, I will argue that the boundary of justice cannot coincide with the boundaries of states when the justice of the boundaries is at issue. (shrink)

Discussions of where the costs of climate change adaptation and mitigation should fall often focus on the 'polluter pays principle' or the 'ability to pay principle'. Simon Caney has recently defended a 'hybrid view', which includes versions of both of these principles. This article argues that Caney's view succeeds in overcoming several shortfalls of both principles, but is nevertheless subject to three important objections: first, it does not distinguish between those emissions which are hard to avoid and those which are (...) easy to avoid; second, its only partial reference to all-things-considered justice means it cannot provide a full account even of climate justice; and third, it assigns to the poor very limited duties to meet climate change costs, even where they have created those costs, which may incentivise them to increase emissions. An alternative pluralistic account which avoids these objections is presented. (shrink)

This article considers Pablo Gilabert’s attempt to defend against libertarian critics his ambitious argument for basic positive duties of justice to the world’s destitute. The article notes that Gilabert’s argument – and particularly the vocabulary of perfect and imperfect duties that he adopts – has firm roots in the modern natural rights tradition. The article goes on to suggest, however, that Gilabert employs the phrase ‘imperfect duties’ in a manner that is in some tension with the tradition from which (...) it is derived. Indeed, Gilabert’s novel deployment of the phrase contains a number of radical possibilities that are not pursued in his text. The article suggests that Gilabert would do better to break more decisively from a tradition that insists on the essential distinction between justice and charity. (shrink)

In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about the rationality (...) of voting and duties of elected officials: (A) Voting is typically rational for the members of a political party’s base; (B) Voting is often (but not always) irrational for “swing” voters (i.e. independent voters who are not affiliated with any political party, as well as “undecided” voters who are considering voting across party lines); and (C) Elected officials have a moral duty to respond to changing levels of popular support once in office, as indicated by properly monitored and corroborated public opinion polls of constituents, functioning more as delegates the lower their level of popular support. Finally, I suggest that the last of these conclusions has wide-ranging implications for political ethics. I illustrate these implications by focusing on the questions -- under debate in the 2016 US Presidential election cycle -- of whether a sitting President has a moral duty to nominate or not nominate a new Supreme Court justice during his or her final year in office, and similarly, whether US Senators have a moral duty to obstruct, or not obstruct, confirmation of the President’s eventual nominee. (shrink)

This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – a Non-Ideal Original Position – as a method with which to construct such a theory. Chapter 1 then uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle that requires injustices (...) to be dealt with in whichever way will best satisfy the preferences of all relevant individuals, provided those individuals are all rational, adequately informed, broadly moral, and accept the correct “ideal theory” of fully just conditions. Chapter 2 then argues for the Principle of Application – an epistemic principle that represents the Fundamental Principle’s satisfaction conditions in terms of the aims of actual or hypothetical reformist groups. Chapters 3-5 then use these two principles to argue for substantive views regarding global/international justice. Chapter 3 argues that the two principles establish a higher-order human right for all other human rights to promoted and protected in accordance with the two principles of non-ideal theory. Chapter 4 argues that the two principles defeasibly require the international community to tolerate unjust societies, provided those societies respect the most basic rights of individuals. Finally, Chapter 5 argues that the two principles imply a duty of the international community to ameliorate the most severe forms of global poverty, as well as a duty to pursue “fair trade” in international economics. (shrink)

There is a fundamental disconnect between the public discourse about sovereign and external debt in comparison to private domestic debt. The latter is predominantly viewed through a Humean lens, which sees economic morality in terms of contingent social institutions, justified by the valuable goods they realize; while sovereign and external debt is viewed through a Lockean lens, which sees property, contract, and debt as possessing an intrinsic moral quality, independent of social context or consequences. This Article examines whether this Lockean (...) perspective on sovereign and external debt is compatible with the dominance of Humean approaches to the domestic economy. It considers and rejects the most plausible argument for reconciling these views, which emphasizes the different qualities of cooperation in the international and domestic economies. It further argues that many standard objections to a Humean approach to sovereign debt suggest, not the Lockean approach, but rather a Hobbesian international moral skepticism. Concluding that the Lockean approach is unmotivated, this Article instead advances a Humean account of sovereign debt and default. It shows how taking seriously the demand for institutional justification and the idea of persons and peoples as free and equal provides an account of the duties of states—whether creditors, debtors or third parties—in sovereign debt crises. It further examines the implications of each approach for democratic choice about sovereign default. (shrink)

This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, (...) that it gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Over 60% of all epidemics have a zoonotic origin, that is, they result from the transmission of infectious diseases from animals to humans. The spill-over of diseases often happens because humans exploit and use animals. In this article, I outline the four most common interfaces that favour the emergence and spread of zoonotic infectious diseases: wildlife hunting, small-scale farming, industrialised farming practices and live animal markets. I analyse which practices serve human food security – and thus have a non-trivial purpose (...) – and which predominantly have an economic purpose or serve as a symbol of wealth. I conclude that many practices that increase the risk for zoonotic infectious disease outbreaks actually do not contribute to the survival and food security of humans. I make two arguments in turn. First, I argue that in cases where the consumption and use of animal products does not contribute to the food security of a population, then this population has a duty to abstain from them, since they impose a grave and avoidable risk to themselves as well as to innocent third-parties. However, some communities must sometimes rely on practices that increase the risk of emergence and transmission of zoonotic infectious diseases, because they have no healthy alternatives. That is, the food security of the local population depends on the consumption and use of risky animal products. The second argument I advance is that, in such scenarios, the international community has a duty to provide the communities concerned with alternative food options, as well as economic and educational opportunities and technologies, in order to reduce the spill-over risk of infectious diseases. Given that abstention from such practices contributes signifcantly to the public good and benefits the international community, the latter has a corresponding duty to provide local communities which abandon such practices with alternatives. (shrink)

Abstract: Purpose - This study aimed to analyze the relationship between the determinants of organizational justice and their relationship to conscientious behavior from the point of view of officers working in the Palestinian police in Gaza Strip. Methodology - The study relied on the descriptive and analytical approach, using the questionnaire, targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers. The study tool was distributed among (...) the sample members in all departments and governorates. Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%). Findings - The existence of a positive correlation between the determinants of organizational justice and the behavior of conscience, and the existence of organizational justice in general in a medium degree and the order of its determinants is as follows: fairness of dealings and to a large degree, followed by fairness of procedures and a medium degree, and finally distribution fairness was to a small degree, while the behavior of conscience awareness came to a large extent. Significance - The existence of statistically significant differences between the respondents' averages of responding to the searched relationship due to the variables (type of administration, age group, job title, military rank, years of service). Recommendations - Work to take into account the fairness of distribution by providing adequate and fair salaries, granting bonuses for the additional efforts exerted, and budgeting in the distribution of duties and job burdens, as well as recommending attention to the interests of employees when making decisions and involving them in formulating them, explaining their justifications, and creating an organizational climate dominated by a sense of justice. (shrink)

This paper is about the implications of a common view on global justice. The view can be called the Minimalist View, and it says that we have no positive duties to help the poor in foreign countries, or that if we do, they are very minimal. It might seem as if, by definition, the Minimalist View cannot require that we do very much about global poverty. However, in his book World Poverty and Human Rights, Thomas Pogge pointed out that (...) this conclusion is at least up for debate. Although Minimalism countenances very few positive duties to the global poor, it certainly countenances negative duties not to harm. Perhaps one can argue that these negative duties are somehow being violated, and thus even a Minimalist must make substantial compensation to the global poor. However, in this paper I argue that Pogge’s argument about Minimalism does not succeed. The second half of the paper offers ways to revise and improve the argument in order to make the case for assistance to the global poor. (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it (...) contrasts with several proposals as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

A prominent view in contemporary political theory, the ‘associative view’, says that duties of justice are triggered by particular cooperative relations between morally significant agents, and that ‘therefore’ principles of justice apply only among fellow citizens. This view has been challenged by advocates of global justice, who point to the existence of a world-wide cooperative network to which principles of justice apply. Call this the challenge from geographical extension. In this paper, I pose a structurally similar (...) challenge to the associative view: the challenge from species extension. This says that the existing network of cooperation extends beyond the human species, to encompass some non-human animals, particularly domesticated dogs. In light of this, if one believes that (i) certain non-human animals are morally significant (i.e. objects of moral concern), and that (ii) justice applies to fellow cooperators, one should also hold that domesticated dogs are owed justice in much the same way our human fellow citizens are. I conclude by considering the implications of this argument for the associative view, and animal-rights theory. (shrink)

I provide an alternative to the two prevailing accounts of justice in immigration policy, the free migration view and the state discretion view. Against the background of an internationalist conception of domestic and global justice that grounds special duties of justice between co-citizens in their shared participation in a distinctive scheme of social cooperation, I defend three principles of justice to guide labor immigration policy: the Difference Principle, the Duty of Beneficence, and the Duty (...) of Assistance. I suggest how these principles are to be applied in both ideal and nonideal circumstances. Finally, I argue that the potential conflict between these principles has often been overstated, and propose priority rules for genuine cases of conflict. (shrink)

Rawls's theory of political obligation attempts to avoid the obvious flaws of a Lockean consent model. Rawls rejects a requirement of consent for two reasons: First, the consent requirement of Locke’s theory was intended to ensure that the liberty and equality of the contractors was respected, but this end is better achieved by the principles chosen in the original position, which order the basic structure of a society into which citizens are born. Second, "basing our political ties upon a principle (...) of obligation would complicate the assurance problem." Instead, Rawls offers a duty-based account, whereby we are duty-bound to support and comply with just institutions that apply to us. A. John Simmons argues that Rawls cannot meet the particularity requirement of establishing political obligation to only one state. I assess the response that this requirement can be met by the political constructivist element of Rawls's theory. I conclude that there are fatal flaws in this response. (shrink)

Problems in normative ethics paradigmatically concern what it is obligatory or permissible for an individual to do. Yet sometimes, each of us ought to do something individually in virtue of what we ought to do together. Unfortunately, traversing these two different levels at which a moral obligation can arise – individual and collective – is fraught with difficulties that easily lure us into conclusions muddying our understanding of collective obligations. This paper seeks to clearly lay out a systematic problem central (...) to the relation between collective and individual duties in view of alleviating some such confusion and facilitating more concerted attempts at resolving it: Collective duties require individuals to act in order for the collective duty to be fulfilled. Yet typically, a collective duty does not entail any one set of individual duties that would prescribe such contributory actions: The work we need to do in order to fulfil a duty can be allocated differently to the individuals collectively bearing it. Much like in matters of distributive justice, then, deriving individual duties from a collective one requires us to employ a distributive scheme, which raises separate normative concerns that have rarely taken centre stage in the debate so far. (shrink)

Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception (...) of normative stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty (...) that does not depend on our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties – the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The (...) chapter introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g., the Green Climate Fund) or intergenerationally (e.g., Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases that require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

This paper argues that societal duties of health promotion are underwritten (at least in large part) by a principle of beneficence. Further, this principle generates duties of justice that correlate with rights, not merely “imperfect” duties of charity or generosity. To support this argument, I draw on a useful distinction from bioethics and on a somewhat neglected approach to social obligation from political philosophy. The distinction is that between general and specific beneficence; and the approach from political philosophy has (...) at times been called equality of concern. After clarifying the distinction and setting out the basis of the equality of concern view, I argue that the result is a justice-based principle of “specific” beneficence that should be reflected in a society’s health policy. I then draw on this account to criticize, refine, and extend some prominent health care policy proposals from the bioethics literature. (shrink)

In order to at least begin addressing the extensive the problem of moral clarity in aiding the deprived to some degree, I first argue that the duty to aid the deprived is not merely a charitable one, dependent on the discretion, or the arbitrary will, of the giver (1). Then, before further analysing the individual duty to aid, I critically examine whether deprivation is better alleviated or remedied through the duties of corrective justice. I argue that the (...) perspective of corrective justice is important, but not sufficient when it comes to dealing with deprivation (2). I then argue that non-domination cannot serve as a first-order principle of justice. It is too minimalistic, since it would not require duties of justice where deprivation exists, but dominating relations and institutions do not. (3). Going back to the individual duty to help, I argue that the duties to aid the needy must be assessed according to the situation at hand (4). In order to avoid meaninglessness and morality’s excessive demands, one should be able to identify the responsible agents by constructing a shared and, in the last resort, institution-based duty to help (5). The institutional approach in this paper argues that we should create and reform institutions in order to realize the pre-existing requirement to alleviate global deprivation. This is a form of “global political justice” that does not start with politics, but ends with global political institutions. (shrink)

In the literature on global justice, there has been a lengthy debate about what the world’s rich owe to the world’s poor. Some have argued that rich individuals have positive duties of beneficence to help the poor, while others have argued that rich individuals only have negative duties not to harm them. A common objection to the former view is that once it is accepted that positive duties exist, fulfilling these duties will be overdemanding since rich individuals can almost (...) always help a little more. Some have tried to overcome this overdemandingness objection by setting cut-off points for how demanding morality is. In this article, we aim to show that it is problematic to be committed to the following propositions: (1) Positive duties to aid exist; (2) The overdemandingness objection is a serious challenge for anyone who accepts that positive duties to aid exist; and (3) Setting cut-off points for how demanding morality is constitutes a plausible way to overcome the overdemandingness objection. Showing that a commitment to (1), (2) and (3) is problematic is of interest given that several influential theorists are committed to this set of views. This set of views is simply a bad theoretical cocktail. (shrink)

In recent decades, concepts of group agency and the morality of groups have increasingly been discussed by philosophers. Notions of collective or joint duties have been invoked especially in the debates on global justice, world poverty and climate change. This paper enquires into the possibility and potential nature of moral duties individuals in unstructured groups may hold together. It distinguishes between group agents and groups of people which – while not constituting a collective agent – are nonetheless capable of (...) performing a joint action. It attempts to defend a notion of joint duties which are neither duties of a group agent nor duties of individual agents, but duties held jointly by individuals in unstructured groups. Furthermore, it seeks to illuminate the relation between such joint duties on the one hand and individual duties on the other hand. Rebutting an argument brought forward by Wringe, the paper concludes that it is not plausible to assume that all humans on earth can together hold a duty to mitigate climate change or to combat global poverty given that the members of that group are not capable of joint action. (shrink)

This study aimed to measure the reality of the determinants of organizational justice from the point of view of the police officers in Gaza Strip, and this study comes to study the reality of human resources and their organizational behavior in the police apparatus, which is the largest security services operating in Gaza Strip, so it is expected that this study will contribute to upgrading In this aspect, to be reflected positively on serving the country and the citizen and (...) achieving security and safety for them. The study relied on the descriptive and analytical approach, using the questionnaire, and targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers, and the study tool was distributed to the sample members in all departments and governorates Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%), and they were analyzed using (SPSS) software. The study found the existence of organizational justice in general in a medium degree and the order of its determinants was as follows: fairness of transactions and to a large degree, followed by fairness of procedures and a medium degree, and finally the fairness of distribution was to a small degree (Type of management, age group, job title, military rank, years of service). The study recommended working on observing the fairness of distribution by providing adequate and fair salaries, granting bonuses for the extra efforts exerted, budgeting in the distribution of duties and job burdens, and creating an organizational climate in which a sense of justice prevails, because of its prominent role in stability, calm and discipline at work, and thus the elevation of the institution Policing and achieving its desired goals. (shrink)

Many scholars of organizations see social enterprise as a promising approach to advancing social justice but neglect to scrutinize the normative foundations and limitations of this optimism. This article draws on Rawlsian political philosophy to investigate whether and how social enterprises can support social justice. We propose that this perspective assigns organizations a duty to foster institutional capacity, a concept we define and elaborate. We investigate how this duty might apply specifically to social enterprises, given their (...) characteristic features. We theorize six different mechanisms through which social enterprises might successfully discharge this duty. These results affirm the value of conversation between organizational studies and political philosophy and shed new light on debates regarding social enterprise, institutional theory, and several other topics. (shrink)

China’s rise to global power status is set to be amongst the primary shapers of politics and life more broadly in the 21st century. Yet despite its immense significance, political philosophers have been surprisingly quiet on the normative implications of China’s rise. This, I will argue, is a mistake. Not only does China’s rise generate interesting normative questions in its own right; it also upends some basic assumptions that many of us have hitherto adopted in our thinking about international distributive (...) justice. In the philosophical literature, the international order is often characterised by two sorts of states – developed and developing – with the former owing demanding duties and the latter having expansive permissions to further their own development. China’s status as both a genuine superpower and a middle-income country facing significant development challenges calls into question the continued functionality of such simplifying assumptions. Against the backdrop of China’s rise – and, to a lesser extent, that of other large emerging economies – this paper develops a more fine-grained account of how to conceive of states’ differential levels of advantage, distinguishing between states that are incapable, precariously capable, and robustly capable of realizing a minimally decent standard of domestic justice. This account reaffirms the assignment of the most onerous international duties to developed states, but also assigns duties and claims to developing states in a scalar fashion, with the upshot that better-off developing states in particular bear positive duties of international justice, owed to least-developed countries (LDCs). (shrink)

Kant divides moral duties into duties of virtue and duties of justice. Duties of virtue are imperfect duties, the fulfillment of which is left to agent discretion and so cannot be externally demanded of one. Duties of justice, while perfect, seem to be restricted to negative duties (of nondeception and noncoercion). It may seem then that Kant's moral philosophy cannot meet the demands of global justice. I argue, however, that Kantian justice when applied to the social (...) and historical realities of the world can generate positive duties to promote and provide for the well being of others. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter introduces (...) several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We (...) owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy’s victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a non-enforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. (...) I argue that this double standard is unjustified, and defend a version of what I call “Social Samaritanism.” On this view, within political communities, the duty to help the needy—whether via bodily services or resource transfers—is always an enforceable demand of justice, except when the needy are reckless; across independent political communities, it is always a matter of beneficence. I defend this alternative double standard, and consider its implications for the case of Sandy. (shrink)

It is common in political theory and practice to challenge normatively ambitious proposals by saying that their fulfillment is not feasible. But there has been insufficient conceptual exploration of what feasibility is, and very little substantive inquiry into why and how it matters for thinking about social justice. This paper provides one of the first systematic treatments of these issues, and proposes a dynamic approach to the relation between justice and feasibility that illuminates the importance of political imagination (...) and dynamic duties to expand agents’ power to fulfill ambitious principles of justice. (shrink)

This book analyzes major ethical issues surrounding the use of climate engineering, particularly solar radiation management techniques, which have the potential to reduce some risks of anthropogenic climate change but also carry their own risks of harm and injustice. The book argues that we should approach the ethics of climate engineering via "non-ideal theory," which investigates what justice requires given the fact that many parties have failed to comply with their duty to mitigate greenhouse gas emissions. Specifically, it (...) argues that climate justice should be approached comparatively, evaluating the relative justice or injustice of feasible policies under conditions that are likely to hold within relevant timeframes. Likely near-future conditions include "pessimistic scenarios," in which no available option avoids serious ethical problems. The book contends that certain uses of SRM can be ethically defensible in some pessimistic scenarios. This is the first book devoted to the many ethical issues surrounding climate engineering. (shrink)

I argue that humans have a duty to socialise with domesticated animals, especially members of farmed animal species: to make efforts to include them in our social lives in circumstances that make friendships possible. Put another way, domesticated animals have a claim to opportunities to befriend humans, in addition to (and constrained by) a basic welfare-related right to socialise with members of their own and other species. This is because i) domesticated animals are in a currently unjust scheme of (...) social cooperation with, and dependence upon, humans; and ii) ongoing human moral attention and ‘social capital’, of which personal friendships are an indispensable source, is critical if their interests are to be represented robustly and their agency enabled in a just interspecies community. I then argue that participation in farmed animal sanctuaries is a promising way to fulfil this duty, lending support to conceptions of sanctuary as just interspecies community. (shrink)

COVID-19 knows no boundaries, but political responses to it certainly do. Much has been made about how the pandemic has revealed the Hobbesian nature of political power, but this picture of politics occludes from vision the interdependent nature of our current international order. In particular, it overlooks the fact that much of the goods, services, capital, and people that societies rely on in order to function are sourced from outside the domestic state. And, conversely, it overlooks the extent to which (...) the policy responses taken in one state have considerable effects on the options available, and the outcomes suffered, in other jurisdictions. This paper seeks to correct this oversight, by highlighting two duties that states bear towards one another in the context of this crisis, by virtue of their participation in international trade relationships. Trade grounds duties of justice between trade partners by making them dependent upon one another in order to realize their respective duties of domestic justice. This dependence, in turn, grounds a duty of stability, and a duty of accountability. Having explained and argued for these two duties, the paper discusses the implications of taking these two duties seriously in the context of states’ policy responses to the COVID-19 crisis. (shrink)

Analysing the demands of global justice for the distribution of resources is a complex task and requires consideration of a broad range of issues. Of particular relevance is the effect that different distributions will have on global population growth and individual welfare. Since changes in the consumption and distribution of resources can have major effects on the welfare of the global population, and the rate at which it increases, it is important to establish meaningful principles to ensure a just (...) distribution of resources. In order to establish such principles we must consider the scope of any reproductive rights, and rights to other goods, such as food and health care, as well as examine the extent of duties correlating to those rights. In addition to the impact that distributions of global goods have on the welfare of current generations, it is also important to consider what duties we have, if any, to future generations. -/- The final version of this paper is available to download here: http://dx.doi.org/10.1002/9780470015902.a0024140. (shrink)

ABSTRACT What, if anything, should we do when someone says they don’t believe in anthropogenic climate change? Or that they worry that a COVID-19 vaccine might be dangerous? We argue that in general, we face an epistemic duty to object to such assertions, qua instances of science denial and science sceptical discourse, respectively. Our argument builds on recent discussions in social epistemology, specifically surrounding the idea that we ought to speak up against (epistemically) problematic assertions so as to fulfil (...) an important epistemic obligation – namely, preventing epistemic harms in others. We show that both science denial (SD) and vaccine hesitant (VH) discourses are harmful in a distinctively epistemic sense, and as such generate an especially strong duty to voice our disagreement. As we also argue, this obligation is nonetheless defeasible: depending on the situational features of those involved, voicing an objection to VH discourse may actually end up doing more harm than good. We conclude by tracing what seems like a promising path towards restoring well-placed public trust in scientific testifiers. Doing so is key in order to guarantee equitable access to warranted beliefs about important subject matters, such as the safety of vaccines, to all segments of society. (shrink)

Many corporations are large, powerful, and wealthy. There are massive shortfalls of global justice, with hundreds of millions of people in the world living below the threshold of extreme poverty, and billions more living not far above that threshold. Where injustice and needs shortfalls must be remediated, we often look towards agents’ capabilities to determine who ought to bear the costs of rectifying the situation. The combination of these three claims grounds what I call a ‘linkage-based’ account of why (...) corporations have demanding positive duties to the global poor. In this paper, I put forward a distinctive linkage-based account of corporations’ positive duties centred on the idea of dependence and the importance of meeting agents’ core needs. In addition to outlining and defending this account, I will show that we can utilise its basic conceptual components to make headway on questions that have received insufficient attention in the business ethics literature; specifically, we can say something substantive about the weighting of needy agents’ competing claims to assistance, and about the limits to the demands that can be lodged against corporations on the basis of others' unmet needs. Having integrated considerations of duties' grounding, their comparative weight, and the limits of their demandingness into a single account of corporate positive duty, I conclude by discussing a challenge to attributing to corporations duties owed to the worst-off amongst the global poor. (shrink)