ABSTRACT: BACKGROUND: The governments and citizens of the developed nations are increasingly called upon to contribute financially to health initiatives outside their borders. Although international development assistance for health has grown rapidly over the last two decades, austerity measures related to the 2008 and 2011 global financial crises may impact negatively on aid expenditures. The competition between national priorities and foreign aid commitments raises important ethical questions for donor nations. This paper aims to foster individual reflection and public (...) debate on donor responsibilities for global health. METHODS: We undertook a critical review of contemporary accounts of justice. We selected theories that: (i) articulate important and widely held moral intuitions; (ii) have had extensive impact on debates about global justice; (iii) represent diverse approaches to moral reasoning; and (iv) present distinct stances on the normative importance of national borders. Due to space limitations we limit the discussion to four frameworks. RESULTS: Consequentialist, relational, human rights, and social contract approaches were considered. Responsibilities to provide international assistance were seen as significant by all four theories and place limits on the scope of acceptable national autonomy. Among the range of potential aid foci, interventions for health enjoyed consistent prominence. The four theories concur that there are important ethical responsibilities to support initiatives to improve the health of the worst off worldwide, but offer different rationales for intervention and suggest different implicit limits on responsibilities. CONCLUSIONS: Despite significant theoretical disagreements, four influential accounts of justice offer important reasons to support many current initiatives to promote global health. Ethical argumentation can complement pragmatic reasons to support global health interventions and provide an important foundation to strengthen collective action. (shrink)

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

Since the 1860s, petroleum companies, through their influence on local governments, port authorities, international actors and the general public gradually became more dominant in shaping the urban form of ports and cities. Under their development and pressure, the relationships between industrial and urban areas in port cities hosting oil facilities evolved in time. The borders limiting industrial and housing territories have continuously changed with industrial places moving progressively away from urban areas. Such a changing dynamic influenced the permeability of (...) these borders. Port cities are nodes and logistic points where various flows of commodities, wealth, and knowledge gathered before further re‐distribution. These flows affected port cities by changing their spatial organization and the availabiity of space between borders. The main question here is: How did industrial and urban borders evolve through time in port cities? Through a historical analysis, the article explores the settlements of oil facilities and the influence of oil companies over local, regional, and national governments in creating borders and how it influenced the porosity of port cities. This article, through the petroleum narrative, illustrates the impacts of past borders on the contemporary urban form through the evolution of the French port city of Dunkirk, in the North of France. As a historical study, the article analyzes the changing relationships between petroleum industrial sites and housing areas in the city of Dunkirk, using aerial pictures, archival sources, and regulations of different periods. The importance of this analysis lies in knowing that former oil sites previously located on the periphery of Dunkirk, that were forgotten by the authorities are now located within the current urban tissue. This process demonstrates the importance of historical developments to understand current challenges in the urban planning of industrial port cities. (shrink)

This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We challenge the (...) conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

The best arguments for a nation-state’s right to exclude unwanted outsiders actually condemn nation-level regimes of restriction. Two argumentative steps lead to this conclusion. The first points out that the best arguments for exclusion generalize: if they show that nation-states have the right to exclude, they perform the same service for a great many towns, cities, subnational states, and provinces. The second step constructs a dilemma. The right to exclude is important enough to justify the suffering of would-be immigrants, or (...) it is not. If it is, the right to exclude is very important indeed–would-be immigrants often suffer grievously. But nation-level regimes would then be a serious moral problem: they would deprive a great many municipalities of a right that matters a great deal. Turning to the dilemma’s second horn, if the right to exclude is not important enough to justify the suffering of would-be immigrants, nation-level regimes are straightforwardly immoral. Either way, we arrive at this paper’s central thesis: the best arguments for a nation-states right to exclude actually condemn nation-level regimes of exclusion. (shrink)

Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions (...) and restrictions on mobility. On the contrary, open borders claim an unrestricted and unconditional (not unqualified) freedom of movement, limited only by public health considerations, serious threats to national security or democratic institutions, but not by an aspiration for maximizing global redistributive utility. The main point is that not only would freedom of movement be instrumentalized, losing its presumptive moral force, but ultimately open borders as a remedy of global justice are an oxymoron. The article concludes with an alternative defence of freedom of international movement. (shrink)

Although the notion of universal human rights allows for the idea that states (and supranational organizations such as the European Union) can, or even should, control and impose restrictions on migration, both notions clearly do not sit well together. The ensuing tension manifests itself in our ambivalent attitude towards migration, but also affects the border guards who have to implement national and supranational policies on migration. Little has been written on the ethics that has to guide these border guards (...) in their work. Juxtaposing the ethics of border guarding against the ethics of the somewhat related military profession, this article attempts to (a) describe border guarding as a comparatively rule-guided profession; (b) outline the aim and basis of the ethics education that prepares border guards for their work; and (c) propose a research agenda for the future that should further our understanding of (a) and (b), but also help us improve the moral education of border guards. (shrink)

This article inquires into the clinical figure of paranoia and its constitutive role in the articulation of the nation-state discourse in Europe, uncovering a central tension between a principle of integrity and a dualist spatial configuration. A conceptual distinction between ‘border’ (finis) and ‘frontier’ (limes) will help to expose the political effects of such a tension, unveiling the way in which a solid and striated organisation of space has been mobilised in the topographic antagonism of the nation, sustaining the phantasm (...) of a self-enclosed, self-sufficient finitude. (shrink)

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked in normative terms: (...) to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. -/- IN A TIME when national interests are structurally overvalued and borders increasingly strengthened, it’s a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the ‘migration crisis’-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands.- -/- THIS BOOK IS essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK.-. (shrink)

Migration has, in recent years, been one of the most current topics both in Croatia and worldwide. We have witnessed increased emigration (i.e. out-migration) of Croatian citizens, as well as attempts to cross the Croatian state border by citizens of other countries. This book focuses on migration in the context of the so-called migrant and refugee crisis, which is considered from a philosophical and sociological perspective. Any gender-specific terms, irrespective of the gender in which they are used here, refer equally (...) to both men and women. The book came into being as part of a study conducted by the authors in 2019 among students at the University of Split. This was one of the activities carried out within the project entitled Creating welcoming communities, which was coordinated by the Association "MI" – Split, with the support of the UNHCR’s (United Nations High Commissioner for Refugees) Representation in Croatia. The main objective of the project was to improve the conditions for better integration of asylum seekers at the local and regional level, with a special emphasis on local stakeholders and the community. The objective and activities of the project reflect and anticipate relocation policies and work towards analysing, valorising, and developing recommendations for the preparation of the local community and self-government to provide support. In this regard, we can say that the aim of the project is a contribution of sorts to creating a welcoming atmosphere and better conditions for integration through cooperation with institutions, and especially with the academic community. The project activities were intended to include relevant scientific findings that would enable the interested public to gain a more systematic understanding of the current social situation as well as to promote the idea of the possibilities of achieving a higher integration standard. In the complex social circumstances of today, which require understanding and adaptation, in addition to adequate access to accurate information, it is also crucial to ensure and facilitate the forming of inter-sectoral networks that would respond more readily to existing challenges. This primarily requires knowledge exchange, but also cooperation between different stakeholders such as public institutions, local and state government, civil society organisations, the academic community, media, etc. All these stakeholders play an equally important role in establishing a support network for a multitude of beneficiaries within the integration process. The establishment of a support network for the reception and integration of asylum seekers depends on the support of the local population in the broadest sense. One of the aims of the study was to analyse the relationship between the respondents’ identity features and their attitudes on accepting immigrants and refugees. The structure of the survey is based on the following objectives within which we sought to identify: 1) students’ attitudes on immigration, immigrants, and refugees, 2) the perceived sociodemographic profiles of immigrants and refugees, 3) the eventual presence of social distance towards immigrants and refugees. For the sake of clarity and better presentation, the second and third research objectives are analytically separated from the first one, although, in fact, a connection exists between them. How students perceive migration, immigrants, and refugees plays a role in shaping their attitudes towards them, as well as in potential behaviours reflected in the degree of social distance. From the sociological perspective, identity is seen as the way we perceive ourselves and others, as well as the way we are perceived by others. It involves sameness, similarity and difference concerning various groups of individuals (Abercrombie, Hill & Turner, 2006:190). Identity is associated with the meanings individuals and groups attach to their social reality, resulting in different forms of action. As such, it becomes one of the central political, scientific, and social topics in general. The book is structured in six chapters. Following the introduction, the first chapter presents the theoretical framework on which the conducted research is based. It goes on to elaborate on the concepts significant for a better understanding of the covered topic, in particular the concept of identity, the differences between the concepts of immigrant and refugee, as well as the frameworks of philosophical reflection on migration (the philosophy of politics and ethics). As confirmed both by our study and by numerous others, the discussion on the topic of identity represents an important element in understanding modern migrations. The third and fourth chapters lay out the research methodology, followed by the results and their interpretation. Chapter 5 provides conclusions and recommendations for further research and the establishment of a support network for the reception and integration of asylum seekers. The final chapter includes references to the literature used. (shrink)

Drawing on the work of John Rawls and Thomas Pogge, I argue that the U.S. is in part responsible for the immigration of Mexicans and Central Americans into the U.S. By seeking to further its national interests through its foreign policies, the U.S. has created economic and politically oppressive conditions that Mexican and Central American people seek to escape. The significance of this project is to highlight the role of the U.S. in illegal immigration so that we may first (...) acknowledge our responsibility in order to seek lasting humane solutions. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border (...) regime. In contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

In response to the Covid pandemic the Norwegian government put in place the strictest border closures in Norwegian modern history, restricting entry to most foreign nationals. The Prime Minister, Erna Solberg, justified these restrictions with reference to the rise of new Covid variants, and the need to limit visitors to Norway as much as possible. In this paper we critically examine both the justification given for the border closure, and explore the possible adverse effects this closure might bring about. We (...) argue that the recent closures are not morally justified, that they place an unjust burden on transnational citizens and Norwegians with close relations abroad, and that such border closures can have severe impacts for many individuals, on Norway’s international standing and on social cohesion. (shrink)

This paper argues that by overestimating the importance of citizenship rights, the ethics of immigration turns away from the more serious problem of closed borders. Precisely, this contribution is a threefold critique of Carens’ idea that "justice requires that democratic states grant citizenship at birth to the descendants of settled immigrants" (Carens, 2013: 20). Firstly, I argue that by making 'justice' dependent on states and their attributes (birthright citizenship), this idea strengthens methodological nationalism which views humanity as naturally divided (...) into bounded nation-states. Secondly, I analyze its justification and argue that grounding (citizenship) rights on the existence of social connections is logically and morally problematic. Thirdly, I analyze its scope (granting rights to the descendants of the ‘settled’) and its method of implementation (granting citizenship rights automatically ‘at birth’). While from a less sedentarist perspective, no one can be considered ‘settled’ in advance, I will express some doubts that granting citizenship rights is always automatically a way to extend people’s rights. All in all, I argue that by its justification, scope and method of implementation, this idea moves us away from, rather than gets us closer to, an open-borders world. (shrink)

Democracy is a government form based on the general consent, is seen to becoming common in global nations; and that if the tenet is followed it facilitates national development. This study used the content analysis method to examine democracy in Nigeria and national development. It was found that some pre-colonial administrations in Nigeria had embraced democratic tenets before the colonials master came; the difference, however, border on structural arrangements. It was found that the version of western democracy has (...) not adapted the Nigeria environment making its practice difficult and also difficult to attain national development. It was also found that the phase Nigeria democracy passed, especially, during the military regimes has not provided opportunities for development. The ethnic diversity of Nigeria and inabilities of leadership to manage it was found to pose legislative influence on democracy and national development. It was found that Nigeria environment lacks the absorptive capacity to accommodate liberal democracy considering the death of institutions and the skewed electoral process. It was found that absence of effective democracy in Nigeria disarticulated the pre-colonial democratic structure, and the exclusivist approach to liberal democracy and the rule of the game, manifest in incessant agitations, militancy, insurgency, banditry, and general underdevelopment. It was also suggested that a change in leadership approach is necessary, more importantly, to allow a breath of democratic participation in policy-making for national development. It was also recommended that all forms of discriminations are addressed and that constitutionalism should be upheld. (shrink)

What does social cohesion require in culturally diverse post-immigration societies? Immigration and social cohesion are, in the public debate, believed to be incompatible. In normative political philosophy, a similar understanding manifests in the argument that social cohesion-based on a common national identity-is incompatible with immigration. In so doing, its proponents justify restrictive border policies. In this chapter, I will critically engage with this argument by reconnecting the literature in social sciences to normative political philosophy. I will offer a conditional (...) and pro tanto argument that social cohesion in post-immigration societies justifies open and non-discriminatory border policies. My argument is conditional in two senses: first, it assumes social cohesion is based on a common identity, and second, it only applies to the societies with significant cultural, religious, and ethnic diversity that can be best described as post-immigration societies. My argument implies that liberal nationalists have a choice: they can either keep defending social cohesion in the traditional way, which comes with open borders; or they can abandon this view, thereby losing one of the strongest justifications for restrictive borders. (shrink)

In mainstream political discourse, refugeehood is increasingly being associated with victimhood, powerlessness, abnormality, and political crises. On the one hand, refugees are, often, viewed as voiceless victims who should be offered protection and assistance on humanitarian grounds under exceptional circumstances. On the other hand, they are, increasingly, being portrayed as enemy-like strangers who pose a threat to the borders, stability of receiving states, and the well-being of their citizens. This prevailing framework fundamentally disregards refugees’ political subjectivity and ignores emancipatory (...) phenomena and practices of freedom, which are embedded and expressed in refugees’ migratory movements. This philosophical investigation aims to contribute to our understanding of the dynamic relationship of freedom and unfreedom from the perspective of refugees. To examine this dynamic relationship, this study situates itself in the autonomy of migration approach and draws on narratives and lived experiences of refugees, which were collected during in-depth interviews with refugees (Greece). These experiential accounts have been analysed and theoretically discussed in accordance with the guidelines of Interpretative Phenomenological Analysis (IPA). Through an interpretative process, this study critically contextualizes refugees’ perceptions and understandings of freedom in ongoing theoretical discussions concerning refugeehood and freedom. Based on these critical discussions, this study develops a theoretical examination of the dynamics of freedom and unfreedom in different spatio-temporal phases of refugeehood. In doing so, it explores the multifaceted act of flight, lived experiences of (un)freedom, socio-political structures of abandonment, and autonomous relations and arrangements by which refugees enact freedom in receiving states. Moreover, it challenges the prevalent conceptual distinctions between citizens versus non-citizens, hosts (nationals) versus guests (migrants), genuine refugees versus economic migrants, and the included (right-holders) versus the excluded (the rightless). (shrink)

When national borders in the modern sense first began to be established in early modern Europe, non-contiguous and perforated nations were a commonplace. According to the conception of the shapes of nations that is currently preferred, however, nations must conform to the topological model of circularity; their borders must guarantee contiguity and simple connectedness, and such borders must as far as possible conform to existing topographical features on the ground. The striving to conform to this model (...) can be seen at work today in Quebec and in Ireland, it underpins much of the rhetoric of the P.L.O., and was certainly to some degree involved as a motivating factor in much of the ethnic cleansing which took place in Bosnia in recent times. The question to be addressed in what follows is: to what extent could inter-group disputes be more peacefully resolved, and ethnic cleansing avoided, if political leaders, diplomats and others involved in the resolution of such disputes could be brought to accept weaker geometrical constraints on the shapes of nations? A number of associated questions then present themselves: What sorts of administrative and logistical problems have been encountered by existing non contiguous nations and by perforated nations, and by other nations deviating in different ways from the received geometrical ideal? To what degree is the desire for continuity and simple connectedness a rational desire, and to what degree does it rest on species of political rhetoric which might be countered by, for example, philosophical argument? These and a series of related questions will form the subject- matter of the present essay. (shrink)

This article argues that there are at least three different versions of methodological nationalism: state-centrism (unjustified supremacy granted to the nation-state), territorialism (understanding space as divided in territories), and groupism (equating society with the nation-state’s society). If these three versions are logically distinct, as it will be shown, the typology can serve as a tool to weight the influence of methodological nationalism in the social sciences. The paper has three sections arguing that 1) the three versions are all present in (...) the literature on methodological nationalism without always being distinguished; 2) the epistemological problems raised by methodological nationalism are sometimes misunderstood as ontological or normative questions about globalization and national borders; 3) the three versions of methodological nationalism can be shown to be logically independent by a few examples. (shrink)

This chapter sets forth an interpretation of public reason that appeals to our central capabilities as human beings. I argue that appealing to central human capabilities and to the related idea of respect for threshold capabilities is the best way to understand public reason. My defense of this position advances stepwise: first, I consider a central alternative to a capability account, which regards public reason as a matter of contracting; next, I describe central concerns with contract views and show how (...) a capability view can avoid them; lastly, I consider extending public reason beyond national borders and test the two views in this context. (shrink)

The gendered division of labour in combination with the feminisation of international migration contribute to shortages of care, a phenomenon often called ‘care drain’. I argue that this phenomenon is an issue of global gender justice. I look at two methodological challenges and favourably analyse the suggestions that care drain studies should include the effects of fathers’ and other male caregivers’ migration and, in some cases, the effects of migration within national borders. I also explain why care drain (...) is a problem of distributive justice, by looking at the background conditions that result in much of the care-givers’ migration. (shrink)

The ecological crisis has long since reached global proportions, so that environmental problems can no longer be tackled solely within national borders. This anthology opens intercultural perspectives on environmental ethics and hightlights the potential of non-European traditions of thought for exploring alternative paths.

Human cognitive acts are directed towards entities of a wide range of different types. What follows is a new proposal for bringing order into this typological clutter. A categorial scheme for the objects of human cognition should be (1) critical and realistic. Cognitive subjects are liable to error, even to systematic error of the sort that is manifested by believers in the Pantheon of Olympian gods. Thus not all putative object-directed acts should be recognized as having objects of their own. (...) What follows is a categorial scheme that is both critically realistic and comprehensive. Thus it enjoys some of the benefits of linguistic idealism and physicalism, without (or so it is hoped) the corresponding disadvantages of each.The starting point for our categorial scheme is the concept of extended entity. (shrink)

New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to human (...) well-being. The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)

Many political philosophers argue that a principle of ‘fair equality of opportunity’ ought to extend beyond national borders. I agree that there is a place for FEO in a theory of global justice. However, I think that the idea of cross-border FEO is indeterminate between three different principles. Part of my work in this paper is methodological: I identify three different principles of cross-border fair equality of opportunity and I distinguish them from each other. The other part of (...) my work in this paper is normative: I argue that we should endorse only two of the three principles of cross-border fair equality of opportunity and that we shouldreject the third. Importantly, I think that we should reject the one version of transnational fair equality of opportunity that most advocates of such a principle appear to endorse. (shrink)

This special issue of Science and Engineering Ethics is devoted to the ethical, societal and political implications of new and emerging technologies in the area of Human Security. Its aim is to address the wider implications of an altered security landscape. Specifically, and in accordance with SEE’s main area of interest, contributions to this special issue focus on those ethical considerations warranted by scientific and technological advances in the field of human security. This includes, but is not restricted to, issues (...) of privacy and data protection, control, trust, surveillance, authority, and freedom. Papers consider some of the ethical and societal challenges related to new and emerging technologies in the context of the Human Security Doctrine (HSD), as it has been initially formulated by the United Nations Commission on Human Security (UNCHS 2003). The HSD argues for a paradigm shift from understanding security based on tangible assets (e.g., national borders, goo .. (shrink)

The principle of national self-determination holds that a national community, simply by virtue of being a national community, has a prima facie right to create its own sovereign state. While many support this principle, not as many agree that it should be formally recognized by political institutions. One of the main concerns is that implementing this principle may lead to certain types of inequalities—between nations with and without their own states, members inside and outside the border, and (...) members and nonmembers inside the same nation state. While these inequalities may arise, I shall argue that they are not unjust. These worries are partly the results of confusing two types of interests that a national group may have—in cultural affairs and in political affairs. While a national community should enjoy rights over their cultural affairs, this does not grant them authority over other non-cultural, political affairs. Once the distinction is drawn, we can see that there are constraints on the implementation of this principle. Consequently, these inequalities justify setting limits to a group’s right of self-government, although they do not conclusively refute the right itself. (shrink)

Issues including the immigration flows, increased diversity of the society, and alienation of parts of the population are not necessarily new phenomena for the European Union. As an illustration, Frontex, the EU Agency for the Management of Operational Cooperation at the External Borders, was founded in 2004 in the light of the uncontrolled immigration from Africa to control the cooperation between national border guards securing its external borders, or EUROSUR (the European Border Surveillance System) has come to (...) effect since 2013. (shrink)

In this article, we propose the Fair Priority Model for COVID-19 vaccine distribution, and emphasize three fundamental values we believe should be considered when distributing a COVID-19 vaccine among countries: Benefiting people and limiting harm, prioritizing the disadvantaged, and equal moral concern for all individuals. The Priority Model addresses these values by focusing on mitigating three types of harms caused by COVID-19: death and permanent organ damage, indirect health consequences, such as health care system strain and stress, as well as (...) economic destruction. It proposes proceeding in three phases: the first addresses premature death, the second long-term health issues and economic harms, and the third aims to contain viral transmission fully and restore pre-pandemic activity. -/- To those who may deem an ethical framework irrelevant because of the belief that many countries will pursue "vaccine nationalism," we argue such a framework still has broad relevance. Reasonable national partiality would permit countries to focus on vaccine distribution within their borders up until the rate of transmission is below 1, at which point there would not be sufficient vaccine-preventable harm to justify retaining a vaccine. When a government reaches the limit of national partiality, it should release vaccines for other countries. -/- We also argue against two other recent proposals. Distributing a vaccine proportional to a country's population mistakenly assumes that equality requires treating differently situated countries identically. Prioritizing countries according to the number of front-line health care workers, the proportion of the population over 65, and the number of people with comorbidities within each country may exacerbate disadvantage and end up giving the vaccine in large part to wealthy nations. (shrink)

This paper examines the concepts of borderlands, borderscapes, and bordermemories as cultural discursive practices that have been extensively presented and analyzed in an increasing number of theoretical works in Border Studies. Contemporary American Ukrainian writers have made attempts to introduce their hybrid experience and include it into American culture. One of them is Alexander J. Motyl, whose novel Fall River (2014) is analyzed as an example of border writing. The novel is based on the author’s narrative memory, rooted in his (...) mother’s stories about Ukraine and their family members’ crossings of borders in the interwar period and belonging to two cultures, Ukrainian and American, that shaped their identities. (shrink)

This paper analyses the demands for abolishing passports after WWI. The international regime of obligatory passports, as it exists today, is a legacy of the Great War. After the Armistice, two Passport Conferences organized by the League of Nations considered its abolition. Before the second conference, a resolution of the Sixth Assembly of the League of Nations stated that "public opinion is certainly waiting for at least one step towards the most generalized abolition of the passport system ". Was this (...) just a diplomatic figure of speech, or is there really such an "expectation" to be found, for instance, in the press? If there was such an expectation in the press, what was the political orientation of the newspapers in favor of abolishing passports: was it left-wing? This article analyzes a corpus of over 600 articles published in the French press between the World Wars to show, firstly, that interest in the "abolition of passports" was not circumstantial. It's not because the League of Nations is discussing it that the press is discussing it - the opposite is true. The issue of the "abolition of passports" gave rise to a greater number of articles than the League’s "passport conferences". secondly, and more surprisingly, the newspapers that published the most articles on the abolition of passports were center-right and mostly regional. (shrink)

Burgeoning national security programs; thickening borders; Wikileaks and Anonymous; immigrant rights rallies; Occupy movements; student protests; neoliberal austerity; global financial crises – these developments underscore how much the fable of a hope-filled post-cold war globalization has faded. In its place looms the prospect of states and corporations transforming a permanent war on terror into a permanent war on society. How, at this juncture, might policymakers and power-holders in leading states and corporations of the Global North be reframing their (...) pursuit of power and control? What possibilities and limits do activists and communities face for progressive, radical political action to counter this power inside and outside the state? The book, a dialogue, links Gramscian and Benjaminian thought in an in-depth consideration of the prospects for a progressive, radical politics that is situated at the juncture of Socialism and Anarchism and which uses evasion against statist capitalism to create new forms of, what is termed, re-collective passage. (April 2016 Routledge, Interventions series). (shrink)

Este artigo tem por objetivo analisar se não seria o caso que o trato diferenciado dedicado a cidadãos nacionais e imigrantes seria discriminatório. A questão dos imigrantes internacionais aflora atualmente nos mais distintos campos da sociedade. Entretanto, o foco da discussão aqui não é somente o ato de cruzar as fronteiras – ponto central de grande parte das publicações filosóficas sobre imigração. O cerne é a diferença entre direitos e obrigações de imigrantes internacionais e cidadãos nacionais. Não se trata de (...) cidadãos de um ou outro país, mas da categoria ‘cidadão nacional’ frente à categoria ‘estrangeiro’, independentemente do país. Será discutido o conceito de discriminação, a fim de que, sobre o pano de fundo deste conceito, sejam debatidas as restrições aos direitos dos estrangeiros. Com isso, pretende-se demonstrar que este tratamento diferenciado caracterizaria uma discriminação, pois os argumentos que sustentariam a diferenciação são insuficientes para justificá-la. -/- This paper aims to analyze whether the differential treatment dedicated to national citizens and immigrants would be discriminatory. The issue of international migrants arises today in very different fields of society. However, the core of the discussion here is not only the act of crossing borders – focus of much of the philosophical publications about immigration. The focus of the analysis is the difference of rights and obligations between international migrants and national citizens. It is not about one country or another, but the discussion concern the category ‘national citizen’ in relation to the ‘foreign’, regardless of the country. We will discuss the concept of discrimination, in order to debate the restrictions over the rights of the strangers on the background of this conceptualization. Our goal is to show that this differential treatment would characterize as discrimination, because the arguments that support this differentiation are insufficient for justifying it. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and (...) the validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter examines refugeehood (...) as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

Ideal carbon tax policy is internationally coordinated, fully internalizes externalities, redistributes revenues to those harmed, and is politically acceptable, generating predictable market signals. Since nonideal circumstances rarely allow all these conditions to be met, moral issues arise. This paper surveys some of the work in moral philosophy responding to several of these issues. First, it discusses the moral drivers for estimates of the social cost of carbon. Second, it explains how national self-interest can block climate action and suggests international (...) policies—carbon border tax adjustments and carbon clubs—that can help address these concerns. Third, it introduces some of the social science literature about the political acceptability of carbon taxes before addressing a couple common public concerns about carbon taxes. Finally, it introduces four carbon revenue usage options, arguing that redistributive and climate compensation measures are most morally justified. [Open access]. (shrink)

This paper argues that one of the most valuable insights that Muslim-Americans ought to bring into the political arena is our affective response to the government of the United States' internal and foreign policies regarding Muslims. I posit the concept of empathy as one such response that ought to inform our foreign policy in a manner inclusive of Muslim-Americans. The scope of our epistemic privilege encompasses the affective response that crosses borders of the nation-state in virtue of our propinquity (...) to the narratives of Muslims globally. Such an affective response is crucial to our selves remaining multiplicitous and whole. Furthermore, I argue that we ought to access and assess those aspects of our identity that make us subject to suspicions of disloyalty, because it is precisely those aspects that can inform our social and political discourse in a more morally adequate and responsive way. (shrink)

The Texas borderlands have come to be increasingly important in the historical literature and in public opinion for the way that the region shapes national thought on race, borders, and ethnicity. With this increasing importance, it is pressing to examine the history of these issues in the region so that they may be accurately and insightfully deployed. This article contributes to the existing scholarship with a close discursive analysis of race in the booster materials, 1904-1941. The booster materials (...) forge a notion of race relations that borrows from tropes common across the West but is also informed by Jim Crow and the unique demands of the region. The booster materials forward a notion of race that is largely unique in Western boosterism, positing only two major characters, Mexicans and white Northerners. The figure of ‘the Mexican’ is drawn more as a part of nature than human society in that it shares the fundamental characteristics of the land, animals, and rivers of the region. Nature in the region is depicted as an adventitious, disorderly, and wasteful body that calls out for northern discipline. The ‘Northerners’ are figured as the ones who, through applying discipline to the natural resources of the area (land, water, and Mexicans) can bring reason, fertility, and profitable connection to the national economy. The consequences of this racial division are further explored in the article as they play out in schooling, religion, justice, beauty, leisure, and sport. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Around 750 a.d., new settlements in Chaco Canyon in the Southwest United States began moving toward intensified urban form, monumental architecture, and increased hierarchical social organization that bordered on nation-state authority. But around 1140 a.d., the relatively concentrated populations in Chaco Canyon dispersed over just a few generations. At new destinations emigrants from the canyon did not reinstate the urban intensities and political hierarchies that had dominated there. Four lessons from this history can be drawn. First, the model of social (...) and political coordination that best fits the history of Chaco Canyon is one of escalating and deescalating gift-giving. Models that instead appeal to purely transactional relations, such as contracts, are historically and philosophically inadequate. Second, and more broadly, the real power of any well-functioning, complex, and urbanized society must be a reserve of generalized social trust. This was true then, and remains true today. Third, while environmental pressures play important roles in the formation of foundational urban settlements such as those in Chaco Canyon, we should be careful not to explain too much by them. As then, our own environmental challenges call upon us to nurture political arrangements, especially in our cities, that can address environmental constraints and challenges. Except perhaps when circumstances become impossibly dire, we should treat environmental constraints as the boundaries into which we must fit ourselves through political means. Finally, philosophers should investigate developments in historical urban settlements. Such cases are indispensable for understanding human cooperation, forms of social authority, and environmental decision making. (shrink)

Avant 1812, l'actuelle République de Moldavie, partie intégrante de la région roumaine appelée Moldavie, avait comme modèle et débouché culturel la France. Après cette date, rattachée à l'Empire Russe, elle a dû rentrer, sous le nom de Bessarabie dans un tout autre giron culturel, à la frontière des civilisations. Aujourd'hui, le discours relatif à la culture et à l'identité est-il double ou dédoublé ? Certains Moldaves plaident pour leur identité roumaine, d'autres pour leur identité moldave et ceci sur un fond (...) à nombreuses touches multiculturelles. Un représentant du quartier général d'une organisation internationale a demandé à un collaborateur moldave son avis quant à la nationalité qu'il faudrait indiquer sur la liste des employés. Puisqu'au moment où, pour les ressortissants de la République de Moldavie, il a été écrit «moldave», le représentant roumain a objecté que cette nationalité n'existe pas. Si vous étiez le représentant moldave, que répondriez-vous?Before 1812, the current Republic of Moldova, then a territory of the Rumanian region called Moldova, chose France as a cultural model and outlet. After this date, the territory became part of the Russian Empire under the name of Basarabia and thus entered a completely different cultural space at the border of civilizations. Nowadays, is the discourse related to culture and identity doubled or divided? Some Moldavans opt for a Rumanian identity and others a Moldovan one in a context with many multicultural aspects. A representative of the headquarters of an international organization asked a Moldavian colleague under which nationality he should be put down on a list of employees. “Moldavian” was chosen for citizens of the Republique of Moldova only for the Rumanian representative to object that this nationality did not in fact exist. What would have been your answer to this question had you been the Moldovan representative? (shrink)

Atomic energy developed from 1940 as a subject shrouded in secrecy. Identified successively as a crucial element in military strategy, national status and export aspirations, the research and development of atomic piles (nuclear chain-reactors) were nurtured at isolated installations. Like monastic orders, new national laboratories managed their specialist workers in occupational environments that were simultaneously cosseted and constrained, defining regional variants of a new state-managed discipline: reactor technology. This paper discusses the significance of security in defining the new (...) subject in the USA, UK and Canada – wartime allies with similar political traditions but distinct trajectories in this field during the Cold War. The intellectual borders and content of the subject developed differently in each country, shaped under the umbrella of secrecy by disparate clusters of expertise, industrial traditions, and national goals. The nascent cadre was contained until the mid 1950s by classified publications and state-sponsored specialist courses. The early context of high security filtered its members and capped enduringly both their professional aspirations and public engagement. (shrink)

In The Birthright Lottery, Ayelet Shachar subjects the institution of birthright citizenship to close scrutiny by applying to citizenship the historical and philosophical critique of hereditary ownership built up over four centuries of liberal and democratic theory, and proposing compelling alternatives drawn from the theory of private law to the usual modes of conveyance of membership. Nonetheless, there are some difficulties with this critique. First, the analogy between entailed property and birthright citizenship is not as illustrative as Shachar intends it (...) to be; second, the mechanism of the birthright privilege levy is insufficient for addressing structural impediments to growth; and third, the principle of ius nexi, while an important corrective to currently dominant principles of nationality, will likely have effects both unnecessary and insufficient to correct the injustices that Shachar identifies. In the end, the most significant improvements in the lives of the neediest persons on the planet are more likely advanced through conventional arguments for the lowering of barriers to the circulation of goods, labor, and capital. This shift in attention from opening borders to extending citizenship risks being a distraction from more effective means of addressing the injustices associated with global inequality.Dans son livre The Birthright Lottery, Ayelet Shachar soumet l’institution de la citoyenneté par droit de naissance à un examen rigoureux, en appliquant à la citoyenneté la critique philosophique et historique de la propriété héritée construite pendant quatre siècles de théorie démocratique libérale, et en proposant aux modes habituels d’attribution de la citoyenneté une alternative séduisante tirée de la théorie du droit privé. Néanmoins, cette critique comporte certaines difficultés. Premièrement, l’analogie entre la transmission de la propriété par l’institution de la taille et la citoyenneté par droit de naissance n’est pas aussi éclairante que le soutient Shachar ; deuxièmement, le mécanisme de la taxe sur le privilège du droit de naissance est insuffisant pour s’attaquer aux obstacles structurels à la croissance ; et troisièmement, le principe du jus nexi, bien qu’on puisse le considérer comme un important correctif du principe de nationalité actuellement dominant, aura vraisemblablement des effets à la fois non nécessaires et insuffisants pour corriger les injustices que Shachar identifie. En fin de compte, les améliorations les plus significatives dans la vie des personnes les plus démunies de la planète sont vraisemblablement mieux défendues à l’aide des arguments conventionnels en faveur d’une baisse des barrières à la circulation des biens, du travail et du capital. Ce déplacement de l’attention de l’ouverture des frontières à l’extension de la citoyenneté risque de nous distraire des moyens plus efficaces de nous attaquer aux injustices associées à l’inégalité globale. (shrink)

Since the early Medieval Time people contested theological legitimation and rational discursive discours on authority as well as retreated to refuges to escape from any secular or ecclesiastical authority. Modern attempts formulated rational legitimation of authority in several ways: pragmatic authority by Monteigne, Bodin and Hobbes, or the contract authority of Locke and Rousseou. However, Enlightened Anarchism, first formulated in 1793 by the English philosopher William Godwin fulminated against all rational restrictions of human freedom and self-determination. However, we do not (...) analyze anarchism by the ‘what’ and the ‘why’, but by looking for the best actual approach of Anarchist’s ‘Promised Land’. Furthermore, we follow the footsteps of Thoreau’s Walden Pond experiment considered as a place of salvation and prototype of 19th century romantic’s extreme individualism towards Leopold’s ethics of the land. Indeed, Thoreau’s and later Muir’s concepts of refuges are tightly connected to territorial and temporal bio-regional constraints and imply an internally organized public area based on mutualism and Hannah Arendt’s agape. From these ideas of refuges, Aldo Leopold formulated his Land-ethics that claimed integrity and autonomy of the ‘Land’. His foundation is a prototype of the eco-centric free space version of eco-anarchism as formulated by Bookchin. In order to formulate a philosophical foundation of eco-anarchism we reject Newtonian homogeneous space-temporal conception, preceding the whole Modern discours about authority and state. On the contrary, we adopt the pluralistic Leibnizian space-time from which thinking-humans do not dissociate themselves, but participate as part of the rational infrastructure of eco-refuges. In eco-refuges, citizen belong to the civil society that stays in equilibrium with the landscape and all forms of biological life. Space is the boundary condition of human activity and determines how borders, environmental organization and institutes are sustained. Space has its proper essence of sustainability, unity and integrity. The individual feelings of security are embedded in a timelike tradition and evolution of the free space, while individual particular conceptions of space and time integrate into the social processes of identification with the refuge. Therefore, the creation of eco-refuges transforms the actual world of national authorities into a world of anarchistic democratic eco-regional homelands. (shrink)

The protests at the Universiteit van Amsterdam (UvA) that began in November 2014 as a reaction to severe cuts in the department of humanities have sparked a broad debate nationally and even internationally about the future of the university and the values and ideals that should define it. It turned out that dissatisfaction was much more widespread in different parts of the university than some had previously thought, and many turned out to share the concerns first put forward in the (...) humanities department, to extend beyond the borders of the university and the country. Increasing focus on getting as many students as possible to graduate promptly has shifted the attention ever more towards quantitative indicators for the evaluation of education rather than qualitative ones, leading to raising the question of whether the quality of education has suffered from these priorities. How did this come about and what could be done to improve this quality? In this essay we briefly consider the history of the university as an institute that aims to combine research and education, subsequently mentioning some more recent challenges for the university, finishing it with a brief description of a ‘circulation model of education’ that we consider to be a fruitful source for answering some of the challenges we identified from the current discussions. In this model circulation rather than unidirectional traffic occurs between different elements: circulation between research and education, between insights of teachers and of students, between disciplines, between general and contextualized knowledge, between disciplinary and experi- ential knowledge, between doing research and (meta-)reflection upon research, and so on. (shrink)

In 2015 the United Kingdom (UK) became the first nation to legalize egg and zygotic nuclear transfer procedures using mitochondrial replacement techniques (MRTs) to prevent the maternal transmission of serious mitochondrial DNA diseases to offspring. These techniques are a form of human germline genetic modification and can happen intentionally if female embryos are selected during the MRT clinical process, either through sperm selection or preimplantation genetic diagnosis (PGD). In the same year, an MRT was performed by a United States (U.S.)-based (...) physician team. This experiment involved a cross-border effort: the MRT procedure per se was carried out in the US, and the embryo transfer in Mexico. The authors examine the ethics of MRTs from the standpoint of genetic relatedness and gender implications, in places that lack adequate laws and regulation regarding assisted reproduction. Then, we briefly examine whether MRTs can be justified as a reproductive option in the US and Mexico, after reassessing their legalization in the UK. We contend that morally inadequate and ineffective regulations regarding egg donation, PGD, and germline genetic modifications jeopardize the ethical acceptability of the implementation of MRTs, suggesting that MRTs are currently difficult to justify in the US and Mexico. In addition to relevant regulation, the initiation and appropriate use of MRTs in a country require a child-centered follow-up policy and more evidence for its safety. (shrink)

This 4000 word entry to Routledge’s Handbook of Development Ethics (Jay Drydyk & Lori Keleher, eds., 2018) considers development within United States of America and Canada. Indigenous peoples and their nations are also featured. Canada and USA are both characterized by the UN Development Program as maintaining very high human development. Addressable weaknesses are nevertheless evident when performance is compared, for example, with OECD member nations. This entry focuses upon such comparison, noting characteristic political institutions and attendant social inequality in (...) the areas of social welfare, education and health. The histories of both nations over the past half-century suggest that cultural shifts within USA have displaced the ethos of social responsibility that the country had previously shared with Canada, replacing it with an ideal of self-reliance. The turn may be a factor in the USA’s increasing inequality and general weakness in social welfare programs since the 1980s. Events since 2016 especially also display a turn towards another ideal of self-reliance: isolationism. USA’s reduction in global commitments – to open trade, to limits on environmental impact, and especially, to immigration – contrast greatly with Canada’s evolving commitment to a global society and to a cultural ideal of multiple non-assimilated cultures within its borders, including cultures of new immigrant populations. Canada is by many measures a more equal society, but it shares with USA continued failings in development for aboriginal groups and vulnerability for that group and others. (shrink)

FinTech -- along with the blockchain, other distributed ledger, smart contract, and tokenization usually assumed to accompany it -- could change the way governments procure goods and services. Procurement authorities and procurement law can play a vital role in the development of FinTech. They can help build the FinTech platforms and ecosystems that help them engage in public procurement. They should not try to procure such FinTech outright. At the national level, regulators should not just leave FinTech rulemaking up (...) to financial regulators. Contracting authorities should not just develop or use their own selected FinTech applications willy-nilly. They should contribute to overall changes in procurement law - which extend far beyond simple supervisory or regulatory technologies (RegTech/SupTech). Governments should get serious about the Agreement on Government Procurement and similar treaties - by creating a new authority to help develop the law needed to put FinTech-enabled procurement platforms in place. China’s own world-leading FinTech and cross-border public procurements do not always contribute to a global level playing field. Any FinTech applications facilitating public procurement should thus encourage compliance with the procurement law legal principles the international community has developed over decades. (shrink)

Currently, India-Pakistan relations have often been afflicted by cross-border terrorism, ceasefire violations, territorial disputes, etc. Improving bilateral ties is crucial for both countries, as it would mean stabilizing South Asia and improving the economies of both nations. A strong political will to mend the relationship at the current juncture is direly needed. A constructive approach and confidence-building measures between India and Pakistan can be crucial to improving their ties. About 550 years ago, Guru Nanak preached a special universal message of (...) truthful living, faith, and love [1]. His message was not addressed to a specific ethnic or religious group. It was meant for all humanity. Let us look at Guru Nanak's teachings in building good unneighborly ties between India and Pakistan and see what kind of prescriptions and insights he offers us to face the challenges of contemporary times. When India's environment was full of conflict between Hinduism and Islam, Guru Nanak proclaimed a beautiful universal message for all people, highlighting equality for all without any consideration of caste, colour, creed, gender, or race [2]. He asserted that the same One God creates all, whether we call him Ram, Allah, or any other name. Moreover, he emphasized that "See the Divine Light in all." Therefore, people of faith should recognize the Divine Light in everyone. Sasai so▫e sarisat jin sājī sabẖnā sāhib ek bẖa▫i▫ā. Sassa: He (Divine) who created the world, is the One Lord and Master of all. (M.1, SGGS, p. 432). Iknai bẖāʼnde sāji▫ai ik cẖānaṇ ṯihu lo▫e. The One God has fashioned all beings (the vessels), and His essence pervades everywhere (the three worlds). (M.1, SGGS, p. 62). (shrink)