In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or (...) pragmatic grounds for rejecting or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of “moral division of labor”; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political‐pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political‐pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing. (shrink)

Hume’s account of the scope of justice, many think, is implausibly narrow, apply- ing almost exclusively to respect for property rights. Such a view would indeed be highly objectionable because it would leave out of the scope of justice altogether requirements to keep our promises, obey the law, and refrain from threats and violence (among many others). I argue that Hume’s theory of justice, properly understood, avoids this objection. And seeing how is instructive because once (...) we understand his account correctly, we can appreciate its resources for offering attractive explanations of why a number of diverse phenomena fall within the scope of justice. Overcoming this challenge is a major step- ping stone on the way to seeing Hume’s theory of justice as a genuine competitor with the other dominant theories of justice in the philosophical literature. (shrink)

Luck egalitarians equalize the outcome enjoyed by people who exemplify the same degree of distributive desert by removing the influence of luck. They also try to calibrate differential rewards according to the pattern of distributive desert. This entails that they have to decide upon, among other things, the rate of reward, i.e., a principled way of distributing rewards to groups exercising different degrees of the relevant desert. However, the problem of the choice of reward principle is a relatively and undeservedly (...) neglected issue among luck egalitarians. The main goal of this paper is to highlight the importance and difficulty of this problem, and to elaborate upon G. A. Cohen's community-oriented response to it. In the last section, I provide a taxonomy of distributive pluralism, contrasting Cohen’s view with other (not so genuine) pluralisms - especially with all-things-considered varieties - while trying to motivate readers to adopt the more robust form of pluralism. (shrink)

This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s view (...) generates counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in (...) terms of singularity against a plural background. On their view, justice is one fundamental value amongst a plurality of fundamental values. The purpose of my thesis is to establish that the pluralist conception of justice’s narrowness is theoretically significant and true. To establish its theoretical significance, I argue that proper attention to the ways in which different understandings of narrowness inform the work of contemporary egalitarians explains a considerable amount of disagreement between them concerning the content and scope of distributive justice. On the one hand, I’ll argue that if we understand justice’s narrowness in the manner Cohen and other pluralists do, i.e., understand a conception of justice to be a conception of a particular fundamental value, then both luck-egalitarianism and the claim that justice extends to the personal context are compelling. On the other hand, I’ll argue that if we understand justice’s narrowness in a contextual manner, i.e., understand justice to comprise one or more all-things-considered principles adopted for the institutional context, then both luck-egalitarianism and the claim that justice extends to the personal context prove implausible. To establish the truth of the pluralist conception of narrowness, I argue first, that the contextual understanding is only plausible if fairness should be understood procedurally instead of substantively; and second, that substantive fairness cannot be eliminated, as specifying the content of procedural fairness requires a substantive criterion. The upshot is that justice’s narrowness is best understood in terms of singularity against a plural background, rather than in terms of context specificity. (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)

Within the literature in green political theory on global environmental threats one can often find dissatisfaction with liberal theories of justice. This is true even though liberal cosmopolitans regularly point to global environmental problems as one reason for expanding the scope of justice beyond the territorial limits of the state. One of the causes for scepticism towards liberal approaches is that many of the most notable anti-cosmopolitan theories are also advanced by liberals. In this paper, I first (...) explain why one of the strongest expressions of liberal anti-cosmopolitanism cannot simply be dismissed because it may fail to support desired environmental ends. The political conception of justice represents one of the most important challenges to cosmopolitanism generally and is thus a serious challenge to viewing global environmental problems in terms of cosmopolitan justice. Second, I will show through the case of anthropogenic global warming that the political conception of justice under current conditions does have clear cosmopolitan implications despite its proponents' claims. (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)

Many philosophers argue that religious schools are guilty of indoctrinatory harm. I think they are right to be worried about that. But in this article, I will postulate that there are other harms for many individuals that are more severe outside the religious school. Accordingly the full scope of harm should be taken into account when evaluating the harm that some religious schools may do. Once we do that, I suggest, justice may require that we choose the lesser (...) harm. To simplify matters, I focus my attention on the stigmatic harm done to Muslims, and the role that Islamic schools might be expected to play in mitigating that harm. If the full weight of stigmatic harm is factored into the ethical analysis concerning Islamic schools, then I suggest that there are sufficiently weighty pro tanto reasons for Muslim parents to prefer an Islamic school over the alternatives, notwithstanding the potential indoctrinatory harm. (shrink)

Equality is typically presumed to be an end of justice; however, in this chapter, we argue that it is better understood as a condition of justice. Our argument draws on the Just World Fallacy, the phenomenon of people mistakenly believing fortuitous patterns of reward or harm to be reflective of justice. This phenomenon can undermine relationships of equality even where differences in reward or harm are ostensibly deserved. If everyone received equal pay, then the propensity for people (...) to defer to the more successful or derogate the less successful would be diminished, and thus there would be greater scope for people to enter into the sorts of relationships of equal respect and regard that just communities require. (shrink)

Political philosophy has been under the sway of a certain picture since Rawls's A Theory of Justice was published in 1971. This picture com- bines the idea that the problem of justice should be approached from the direction oi ideal normative theory, and that there are some anchor- ing ideas that secure the justificatory role of a hypothetical agreement. I think this picture and the hold it has over political philosophy is beginning to fragment. This fragmentation I think (...) is most evident in the skepticism that has become a routine response to the Kantian idea that 'we' can 'discover' the terms of an agreement that has both a categorical force and a universal scope. But as the picture fragments we are still left with the framework and vocabulary of Rawls's difficult and elaborate theory. The major difficulty confronting the Rawlsian project (the problem of pluralism as I will argue below) is itself defined in terms of Rawls's conceptual language. And this serves only to obscure the real challenge and keep us 'bewitched' by Rawls's nar- row way of seeing issues. In being bewitched in this way we do not see that the problem of pluralism confronts Rawls's project as a whole, rather than requiring adjustments and accommodations. (shrink)

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts to (...) secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

The present proposal is an approach to the vision, cosmogony and philosophy of the Totonacapan people, and particularly with the inhabitants of the Totonacapan region in Veracruz Mexico, a town whose wisdom is manifested to this day, in the conservation of customs and traditions , as well as the hierarchy of collective desire that seeks health, well-being and peace in the region, are guides in the evolution of their cultural processes, where a closeness, respectful and deep with Mother Nature stands (...) out. This wisdom by the Council of Elders, transmitted to the new generations, by the Supreme Council of Totonacapan who seek share the basis to understand and conceive the current world, from the ancestral vision and cosmogony to identify their space, thought, spirituality and in the building your social context. In the Totonacapan region, the first pre-hispanic population concentrations were located around 1259 to 1311. Already by the year 1450, there is a record of incursions and the conquest of Totonaca territory, by the Mexica, establishing a relationship of domain and subordination. As a result of the presence of "Mexica" in the Totonaco territory, there was an imposition of customs and language, since in some areas they begin to speak in Nahuatl, resulting in the presence of a bilingualism (Nahuatl-Totonac) , situation that persists, until the encounter with the Spaniards in the year of 1519. At present, the Totonacapan region includes the area that extends from the Cazones River to the north, to the towns of Gutiérrez Zamora and Tecolutla, in the State of Veracruz in Mexico. 2 The importance of the document is that it constitutes an invitation to deepen and understand the vision of the inhabitants of Totonacapan, in the construction of their social context and their connection with nature, as part of an ancient culture, which creates and recreates their vision, in the search for the feeling of belonging and as an inheritance of the children of thunder (Tajin), as well as the need to preserve the benefits that nature itself offers them, seeking a peaceful and harmonious coexistence, in the social and environmental environment. However, the preservation of its history, tradition and philosophy of life, contrast with public policy strategies, particularly in the social sphere, and which are aimed at achieving economic development in the fight against multidimensional poverty and marginalization, all Once they have not incorporated into them, the feeling and living of the relationship between individual and nature, as the guiding axis, of the philosophy of the Totonacapan people. What is sustainability for the people of Totonacapan? What is social justice in the search for sustainability? And what is your concept of justice in sustainability and human development? From the vision and philosophy of the people of Totonacapan, as part of the history and tradition of the children of thunder "Tajin" and in whose worldview, he is responsible for regulating the rain, climate and life of the people of the region. How does the people of Totonacapan live and live in the face of the maelstrom of actions that, from public policy, that seek human development? How do you adjust, your way of life and how do you adapt to the requirements, which from the perspective of justice, are required to contribute to the objectives of the 2030 development agenda? This document is an effort to learn and recognize one of the most important millenary cultures in Mexico, in the construction of a more inclusive vision of the social development of the Totonacapan people, which invites us to reflect on the direction and scope of this response. (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing (...) examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (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)

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)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global (...) justice; and (iii) the horizontal framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

This paper develops a novel competition criterion for evaluating institutional schemes. Roughly, this criterion says that one institutional scheme is normatively superior to another to the extent that the former would engender more widespread political competition than the latter. I show that this criterion should be endorsed by both global egalitarians and their statist rivals, as it follows from their common commitment to the moral equality of all persons. I illustrate the normative import of the competition criterion by exploring its (...) potential implications for the scope of egalitarian principles of distributive justice. In particular, I highlight the challenges it raises for global egalitarians' efforts to justify extending the scope of egalitarian justice beyond the state. (shrink)

The issue of justice after catastrophe is an enormous challenge to contemporary theories of distributive justice. In the past three decades, the controversy over distributive justice has centered on the ideal of equality. One of intensely debated issues concerns what is often called the “equality of what,” on which there are three primary views: welfarism, resourcism, and the capabilities approach. Another major point of dispute can be termed the “equality or another,” about which three positions debate: egalitarianism, (...) prioritarianism, and sufficientarianism. On these topics of distributive justice, authors are concerned with the current difference between the better-off and the worse-off or the present situation of the badly-off. By contrast, it is essential to take account of the past distribution of well-being as well as the present situation in order to explore questions of post-catastrophe justice. Without looking at the pre-disaster distribution of income, preference satisfaction, or basic capabilities among affected people, no present assessment of the damage caused by the disaster could be correct and no proposed remedy adequate. It is true that luck egalitarians assess the current distribution among people by referring to the decision that each individual made. Yet they pay scant attention to the situation in which each one stayed in the past. Therefore, we can legitimately say that most theorists of distributive justice, including luck egalitarians, have failed to give consideration to the past state of each person. -/- To fill this gap in the literature, the present article explores philosophical questions that arise when we take account of each person’s past and present situations in discussing distributive justice regarding public compensation and assistance to survivors and families of victims of natural and industrial disasters. In addressing these novel questions, I develop and refine various concepts, ideas, and arguments that have been presented in the study of distributive justice in normal settings. I tackle two tasks, the first of which is to explore the foundation and scope of luck egalitarianism. Despite the moral appeal it has in many cases, luck egalitarianism has attracted the so-called harshness objection. Some luck egalitarians attempt to avoid this objection in a pragmatic way by combining the luck egalitarian doctrine with the principle of basic needs satisfaction. However, they do not provide any systematic rationale for this combination. In contrast with such pragmatic responses, I seek to offer a principled argument for holding individuals responsible for their choices only when their basic needs are met, by invoking the ideas of respect for human voluntariness and rescue of human vulnerability. Based on this argument, I propose a form of responsibility-sensitive theory, which considers the pre-disaster distribution of well-being as a default position. The second task I take on is to refine sufficientarianism in the context of post-catastrophe justice. Luck egalitarianism with boundaries set by the basic needs principle seems to indicate the potential for sufficientarianism. But major proponents of this view conceive the welfarist assumption, a considerably high standard of well-being, and the controversial treatment of persons staying below the threshold, all of which seem problematic in the post-disaster situation. I try to construct a new version of sufficientarianism by replacing these current features with more robust ones. (shrink)

This paper examines the interrelation between justice and mercy in Anselm’s prayers. Divine justice and human injustice seem to rightly cut off a human being from any assistance, grace, or reformation, since human beings has set themselves in a condition of injustice from which they cannot extricate themselves. Mercy then seems the only solution, but appears not only unjust, but also to trump divine justice, a position inconsistent with Anselm’s explicit statements. So then, how are justice (...) and mercy rendered compatible, even complementary with each other? Human beings are brought into integral roles for each other as intercessors within a divine economy of justice offering mercy within the scope of that very justice. Anselm’s rhetorically and dramatically structured prayers perform an educative as well as petitionary function in assisting the human being to locate, understand, and exert themselves within that divine economy of justice and mercy. (shrink)

Researchers and activists are increasingly drawing on the practice of collecting, archiving, and sharing stories to advance social justice, especially given the low cost and accessibility of digital technologies. These practices differ in their aims and scope yet they share a common conviction: that digital storytelling is empowering especially when curating and disseminating life stories of marginalized groups. In this paper, I question this conviction and ask: is it possible that such practices take away from what is found (...) to be meaningful and worthwhile in practices of storytelling and listening, and, if so, how? To answer this question, I argue for a renewed attentiveness to story scenes, highlighting the inherently relational nature of storytelling and listening. I examine this relational nature through a fictional account that exemplifies storied encounters and demonstrates the ethical issues they entail through three themes—reciprocity, responsiveness, and communion—borne out of the plurality of philosophical positions on what it means to relate to another. I explain each of these themes as a starting point for thinking through how digital storytelling may be just, with implications for participatory methods in science and technology studies, design studies, and human-computer interaction inclusive of participatory design, co-design, ethnographic research, and participatory action research. (shrink)

"Meritocracy" has historically been understood in two ways. The first is as an approach to governance. On this understanding, we seek to put meritorious (somehow defined) people into public office to the benefit of society. This understanding has its roots in Confucius, its scope is political offices, and its justification is consequentialist. The second understanding of "meritocracy" is as a theory of justice. We distribute in accordance with merit in order to give people the things that they deserve, (...) as justice demands. This understanding has its roots in Aristotle, its scope is social goods broadly, and its justification is deontological. In this article, I discuss the differences--especially the conceptual differences--between these two, prima facie distinct, meritocratic traditions. I also argue that despite their differences Eastern Meritocracy and Western Meritocracy are harmonious. In Section I of the article I introduce the two meritocratic traditions through, in part, a highly abbreviated history of talk about "merit" and "meritocracy" in Chinese and Western philosophy. In Section II, I discuss a number of conceptual issues and partition meritocratic theories in accordance with their scopes and normative justifications. I also discuss two scenarios. In one scenario, Eastern Meritocracy appears to deliver the right result and Western Meritocracy, the wrong result. In the other scenario, vice versa. Finally, in Section III, I argue that Eastern Meritocracy and Western Meritocracy are each special cases of a single, compelling notion of "meritocracy.". (shrink)

The purpose of this article is to explore the concept and scope of public health and to argue that particularly in low-income contexts, where social injustice and poverty often impact significantly on the overall health of the population, the link between public health and social justice should be a very firm one. Furthermore, social justice in these contexts must be understood as not simply a matter for local communities and nation-states, but in so far as public health (...) is concerned, as a matter of global concern and responsibility. The interpretation of the scope of public health by any particular nation is I believe contingent on the current socio-political context and the conception of social or distributive justice that underpins this context. Furthermore I will argue here that the link between public health and social justice ought to be founded on a conception of social justice that adequately addresses issues of social injustice, and patterns of systematic disadvantage, that contribute to ill health and that so commonly prevail in many low- and middle-income social contexts. (shrink)

Engaging with Global Justice through InternshipsGlobal justice, on its face, seems like an impossible task. As individuals, even citizens of wealthy and powerful countries, the task of economic, social and political justice seems to outstrip our intellectual, practical and emotional abilities. Considering the scope of 'global' justice, it would appear that a massive coordinated effort would be necessary to overcome the problems of global injustice, yet it would seem such coordination may be impossible. The difficulties (...) of seeking justice between nations led John Rawls to suggest that we can only hope for a kind of humanitarian goodwill between states, which in his view was less than a robust requirement for international justice. Amartya Sen, in the Idea of Justice, recently argued that it is not justice that we seek, since seeking justice in a global sense is impossible. Given the capitulation of such philosophical luminaries, it is no wonder that philosophy students often find the problems of global justice and injustice to be intractable and indeed, overwhelming. However, when students engage with those whose everyday work involves chipping away at one or another specific problem of global justice, they learn not despair, but hope, and more importantly, they learn how issues of global justice are addressed in practical terms. Those who work on these local issues not only have an understanding of the connection between local, national and global aspects of these issues, they solve these problems, and can show students how everyday decisions on a local level affect issues of justice on a larger scale. Working with such individuals and organizations helps students understand the work of justice, and its local, national and global faces. In my course 'Global Justice', I use internships with social justice organizations to give students a look at the everyday, often difficult, but essentially manageable work that goes into solving issues of injustice at the local, national and global levels. I call this work 'engaged learning'. Engaged learning is a variety of experiential learning that seeks to integrate theory and practice through project-based internships that foster strong university-community partnerships. In my philosophy course 'Global Justice', each of my students is assigned a semester-long internship with a local organization working on issues of global justice. Through these internships, students work through larger theoretical questions while engaging in the everyday work of global justice practitioners. In what follows, I describe how I organized this class and what elements of the course work to both create good experiences for my students and community relationships that persist beyond the semester. (shrink)

This paper argues that debates between the Confucians and Mohists in Classical China anticipate contemporary discussions in political philosophy. Specifically, their debates about our responsibilities to other people are akin to debates between Rawlsans, Cosmopolitans, and Utilitarians about the content of our political obligations to other people, and about the proper scope of application of norms of justice.

For the past thirty years, the Transitional Justice (TJ) research program has been undergoing a period of transition, simultaneously expanding and consolidating; in one sense, expanding its scope to encompass the measurement of TJ’s impact and the redefinition of ‘transitional’ to include societies afflicted by deep social and economic injustice; and in a second sense, consolidating its practical approach to promoting democracy and peace by developing best practices for institutionalizing TJ. While there have been advances in designing new (...) TJ mechanisms and remedying the concept’s under-theorization, little comparative progress has been made to date in offering a guiding framework for TJ’s push to institutionalize. The thesis of this article is that philosophical pragmatism, specifically Deweyan pragmatism, offers a bevy of resources—a virtual tool-kit—for scholars and practitioners wishing to design TJ-friendly institutions within transitional societies. (shrink)

For decades, student ratings of university faculty have been used by administrators in high stakes faculty employment decisions such as tenure, promotion, contract renewal and reappointment, and merit pay. However, virtually no attention has been paid to the ethical questions of using ratings in employment decisions. Instead, the ratings literature is generally limited to psychometric issues such as whether a given student ratings instrument exhibits the statistical properties of reliability and validity. There is no consensus understanding of teaching effectiveness, the (...) very attribute that students are alleged to “evaluate.” What students are actually doing when they complete a ratings form—whether measuring, evaluating, reporting, judging, opining, etc.—remains unsettled in the ratings literature. If ratings are surveys of student satisfaction, they have no logical or ethical connection with teaching expertise. I argue that the administrative use of student ratings in faculty employment decisions violates basic moral principles including nonmaleficence, beneficence, professional autonomy and clinical independence, and multiple aspects of justice including due care, truthfulness, and equitable treatment. These ethical violations rule against any administrative use of student ratings in faculty employment decisions, including the “use with caution in conjunction with other evaluative methods” deployment of student ratings. My conclusion is that such use should be immediately and universally terminated. Formative use of student questionnaires as part of ordinary instructional communication and feedback between instructor and students is a separate issue and outside of the scope of this paper. (shrink)

Through modern driver assistant systems, algorithmic decisions already have a significant impact on the behavior of vehicles in everyday traffic. This will become even more prominent in the near future considering the development of autonomous driving functionality. The need to consider ethical principles in the design of such systems is generally acknowledged. However, scope, principles and strategies for their implementations are not yet clear. Most of the current discussions concentrate on situations of unavoidable crashes in which the life of (...) human beings is existentially affected. In this paper, we argue that ethical considerations should be mandatory for any algorithmic decision of autonomous vehicles, instead of a limitation to hazard situations. Such an ethically aligned behavior is relevant because autonomous vehicles, like any other traffic participants, operate in a shared public space, where every behavioral decision impacts the operational possibilities of others. These possibilities concern the fulfillment of a road-user’s safety, utility and comfort needs. We propose that, to operate ethically in such space, an autonomous vehicle will have to take its behavior decisions according to a just distribution of operational possibilities among all traffic participants. Using an application on a partially-autonomous prototype vehicle, we describe how to apply and implement concepts of distributive justice to the driving environment and demonstrate the impact on its behavior in comparison to an advanced but egoistic decision maker. (shrink)

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...) punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)

The research discussed in this paper centers around the convergence of extended reality (XR) platforms, computational design, digital fabrication, and critical urban study practices. Its aim is to cultivate interdisciplinary and multiscalar approaches within these domains. The research endeavor represents a collaborative effort between two primary disciplines: critical urban studies, which prioritize socio-environmental justice, and integrated digital design to production, which emphasize the realization of volumetric or voxel-based structural systems. Moreover, the exploration encompasses augmented reality to assess its utilization (...) in both the assembly process of the structures and the integration of phygital (physical and digital) data with the physical environment. Within the context of these research scopes, this paper introduces FabriCity-XR as an interactive phygital installation. In addition to presenting an overview of the integrated research driven and performative design to production methodologies, the project showcases the practical implementation of web-based augmented reality trails, eliminating the requirement for external applications for interaction. This approach allows users to seamlessly navigate and engage with phygital content overlaid on physical objects using their personal smart devices. The result is a captivating and immersive user experience that effectively merges the physical and digital realms. (shrink)

In his Education of a Christian Prince Erasmus applies ancient and Christian virtues to the functions of a Christian prince. Slovak humanist writer Ján Milo- chovský , who new Erasmus’s work, expanded in his Ornamentum Magistratus Politici the scope of the ethical and moral functions of a prince, focusing on three fundamental virtues: piety, justice and tolerance.The paper offers an analysis of Erasmus’s political ethics and examines the impact of the latter on the Slovak humanism of the second (...) half of the 17th century, especially in the writings of Ján Milochovský. (shrink)

The paper discusses the possibility that the benefits of pharmacogenomics will not be distributed equally and will create orphan populations. I argue that since these inequalities are not substantially different from those produced by ‘traditional’ drugs and are not generated with the intention to discriminate, their production needs not be unethical. Still, the final result is going against deep-seated moral feelings and intuitions, as well as broadly accepted principles of just distribution of health outcomes and healthcare. I thus propose two (...) provisos that would prevent the most offensive outcomes and moderate the scope of the produced inequalities. The first proviso rejects pharmacogenomics innovations that worsen existing group inequalities and aggravate the disadvantage of communities with a history of discrimination. The second proviso requires that there is a strategy in place to even out as much as possible the distribution of benefits in the future and that a system of compensations is in place for pharmacogenomic orphans. Given that only one moral problem generated by pharmacogenomics has been tackled, the list of provisos might be expanded when other issues are considered. (shrink)

Many have argued we have a moral obligation to assist others in need, but given the scope of global suffering, how far does this obligation extend? According to one traditional philosophical view, the obligation to help others is limited by our ability to help them, or by the principle that “ought implies can”. This view is primarily defended on the grounds that it is a core principle of commonsense moral psychology. This paper reviews findings from experimental philosophy in cognitive (...) science demonstrating that “ought implies can” is rejected by moral psychology. Researchers find that moral obligations are ascribed to agents who cannot fulfill them, suggesting that moral requirements do sometimes extend beyond what we are able to do. This research furthers our understanding of moral obligation, identifies an important need for further cross-cultural work in moral psychology, and demonstrates a way in which scientific experimentation can be applied to improve upon the conceptual analysis of important philosophical concepts in normative ethics. (shrink)

Liberal multicultural theories developed in late twenty-first century aims to ensure the rights of the minorities, social justice and harmony in liberal societies. Will Kymlicka is the leading philosopher in this field. He advocates minority rights, their autonomy and the way minority groups can be accommodated in a liberal society with their distinct cultural identity. Besides him, there are other political theorists on the track and Galston is one of them. He disagrees with Kymlicka on some crucial points, particularly (...) regarding the scope of civil rights of the minority groups and the responsibilities of both majority and minority groups for the sake of social harmony and justice. He tries to develop a moral theory of mutualism based on inter-community toleration and constitutionalism. Considering toleration as one of the fundamental liberal virtues he contends that the majority government has the responsibility to make arrangement both for the members of majority and minority groups so that they can build inter personal relation and learn toleration. The paper critically justifies the feasibility of his theory in a liberal society and claims that although Galston’s theory has a higher possibility to be accommodated in liberal societies, it eventually fails. (shrink)

The separation of powers principle deeply heritaged in the US constitutionalism affected and continues to influence the law and public policy in the nation. The tripartite scheme of government was quarreled over the history how we have to perceive any best adequate interaction among the Congress, Executive and Judiciary. The Constitution itself merely quibbles on this point, and the Supreme Court justices, in some cases, would not be done as a clear cut for the scope of constitutional power conferred (...) on each branch. As the stare decisis is a rule in the common law countries, it is less prospective to anticipate that a quantum leap can be made for the new paradigm of constitutional government in the US. In this challenge, the paper deals with the sensitive area of three powers involving the issue of presidential privilege and immunity, justiceability and standing, as well as judicial control of public agencies. In the course of discussion, several landmark cases were illustrated to make a point for the angulated controversies, typically involving the pressing pubic issues and officers of absolute or qualified immunity. Given the diverse structure of government, the US model had been followed by many new born republics in 20th centuries. The author would wish that the paper provides a comparative lesson for the circle of those countries. (shrink)

This book provides answers to the questions that biomedical and biotechnological research has posed to our societies by proposing the introduction of biorights. It shows how bioscience affects our individual and social lives by discussing and answering important questions such as; Are we becoming more vulnerable and unable to protect ourselves? How can we ensure fairness and justice with regards to the access to health care? Are human dignity, autonomy and equality at risk? Do we need new and special (...) rights: neurorights, genetic rights? What is the meaning and scope of the right to life, health, privacy or non-discrimination? Biorights are the suggested solution for dealing with these challenges. Healthcare professionals, bio-researchers, policy makers, scholars, and citizens will, in this book, find a guide to knowing how bioscience affects our lives. Furthermore, this book provides a comprehensive method for biomedical and biotechnological decision-making that comprises human or basic rights dimensions alongside technical and ethical dimensions. (shrink)

G.A. Cohen is famous for his critique of John Rawls’s view that principles of justice are restricted in scope to institutional structures. In recent work, however, Cohen has suggested that Rawlsians get more than just the scope of justice wrong: they get the concept wrong too. He claims that justice is a fundamental value, i.e. a moral input in our deliberations about the content of action-guiding regulatory principles, rather than the output. I argue here that (...) Cohen’s arguments for extending the scope of justice equivocate across his distinction between fundamental principles of justice, i.e. principles that tell us what justice is; and regulatory principles of justice, i.e. principles that tell us what is required of us, all things – including justice – considered. Though Cohen initially had the regulatory sense of the word ‘justice’ in mind when critiquing the basic structure restriction, his replies to the problem of demandingness presuppose his own, fundamental sense of the word ‘justice’. The upshot is that he escapes demandingness at the cost of sacrificing regulatory justice’s capacity to provide clear guidance. I conclude by considering Peter Singer’s efforts to deal with demandingness in his own work on global poverty. Since Singer manages to deal with demandingness without giving up clarity, his work is a good a place to start in the search for regulatory principles that are suitable for the context of personal choice. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, (...) contractarianism seems to ignore the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

Karl Widerquist is one of the world’s leading theorists and proponents of Universal Basic Income (UBI). His argument for UBI, however, is only one important cornerstone of his broader theory of justice and freedom. This theory entails a critical reassessment of the justification and proper scope of property rights. This is the task of The Problem of Property, a nifty little book which originates in previously unpublished parts of his doctoral thesis—the same thesis that formed the foundation of (...) his Independence, Propertylessness, and Basic Income: Freedom as the Power to Say No (2013, New York: Palgrave MacMillan). The current book is thus a welcome companion piece to that magnum opus. At the same time, The Problem of Property, thanks to its brevity and clarity, is a decent standalone introduction to Widerquist’s philosophy. While some fans of his previous works might be disappointed that UBI takes an unexpected backseat, the book’s narrow critical focus on the normative justifications of property rights makes it a goldmine for political philosophers. Even Lockean right-libertarians, his ostensible main targets, should find its freedom-based arguments familiar and easy to grasp, even if they may be puzzled by some of the radical conclusions that he draws from them. (shrink)

Cohen’s hostility to Rawls’ justification of the Difference Principle by social facts spawned Cohen’s general thesis that ultimate principles of justice and morality are fact-insensitive, but explain how any fact-sensitive principle is grounded in facts. The problem with this thesis, however, is that when facts F ground principle P, reformulating this relation as the "fact-insensitive" conditional “If F, then P” is trivial and thus explanatorily impotent. Explanatory, hence justificatory, force derives either from subsumption under more general principles, or precisely (...) exhibiting value in light of relevant (actual or hypothetical) facts. In examples where no subsumption occurs, actual facts trivially become hypothetical facts in "fact-insensitive" conditionals, an empty formalism. Indeed, Rawls’ grounding of principles of justice in “conditions of life” can easily be reformulated as a conditional principle “sensitive” only to hypothetical such conditions, and thus formally fact-insensitive in Cohen's sense, for all Cohen’s ire against Rawls’s grounding.Moreover, any plausible “ultimate fact-insensitive principle” must be intricately qualified, which tacit ceteris paribus clauses mask. Each qualification implies prioritisation of one principle over another in conceivable circumstances, and wherever the now qualified principle is given scope, that too implies prioritisation over competing principles in typical circumstances. Any principle is thus sensitive to conceivable circumstances of application, as recognised by more sophisticated intuitionisms. Non-trivial ultimate principles – luck egalitarianism, act utilitarianism, etc. - require defense, which inevitably involves showing how they best interpret and respond to facts about human needs, goals, and capacities in predictable circumstances. Finally, the substantive debate between Rawls and Cohen about which facts are relevant to the DP is only obscured by the doctrine of fact-insensitivity. (shrink)

In addition to having an institutional site or scope, a theory of distributive justice might also have an institutional ‘reach’ or currency. It has the first when it applies to only social phenomena. It has the second when it distributes only socially produced goods. One objection to luck egalitarianism is that it has absurd implications. In response, Tan has defended a luck egalitarian account that has a strictly institutional reach. I argue, first, that Tan’s view contains two fatal (...) ambiguities and, second, that, to be sound, it requires an institutional currency. This second argument implies that virtually all extant luck egalitarian currencies are incompatible with his approach. I argue, third, that the alleged absurd implications often have little to do with the extent of luck egalitarianism’s reach. (shrink)

Multiple authors have argued that moral cosmopolitanism, the thesis that every human has a global stature as an ultimate unit of moral concern, is compatible with domestic egalitarianism. This is because they believe that from equal concern does not follow equal treatment, and it might be possible to impartially justify partial treatment. Some such attempts at justifying restricting the scope of egalitarian demands of distributive justice to the state proceed by application of Rawls’s principle of fairness to the (...) provision of basic goods. But such relational approaches have been criticized by institutionalists who believe there is a global basic structure for the provision of basic goods. Institutional approaches, however, have themselves been criticized for relying on less than global institutions, such that the egalitarianism that they may justify is not truly global either. We argue that beyond institutionally provided goods there are nonetheless some goods whose provision is truly global, such that we can find a relational foundation for global egalitarianism, from which we can argue for cosmopolitan institutionalization. (shrink)

Theories of justice and intellectual property are vast topics in their own right. The contributions to this volume examine how they relate. How do our justifications for protecting intellectual property fare from an ethical perspective? Any attempt to tackle this question in a relatively short chapter like this one will have to be restricted in scope. My claims are limited in four ways. First, I concentrate on one kind of intellectual property protection, namely patents. Second, the claims of (...) justice put forward concentrate on one context of justice, namely the distribution of health goods. Third, the discussion of distributive issues concerning health is limited further in that I single out the distribution of drugs rather than, for instance, access to doctors or hospital services. Finally, I adopt a cosmopolitan perspective, emphasising inequalities in the access to drugs at the international rather than at the national level. (shrink)

Fleeing is an act to which we have attributed different kinds of moral evaluations. It has been associated with virtues such as prudence. At the same time, it has often been seen as a sign of cowardice and irresponsibility. Law in our age sometimes restricts our freedom to flee from danger, even against an individual’s will, as we have all witnessed in the recent war in Ukraine. Here lies the dilemma of the right to flee. Every individual has an interest (...) in fleeing from danger to life and physical security. If so, then no one ought to be prevented from fleeing from danger. However, there are individuals who are unable to flee by themselves. Since life and physical security are equally valuable for all, including these vulnerable individuals, the government also has a positive duty of protecting all from the cause of danger. This could mean that the government needs to coerce its able-bodied citizens to sacrifice their lives and limbs to eliminate the cause of danger for the protection of their vulnerable compatriots. If so, then the right to flee would be a right only for the vulnerable. In this paper, I challenge a citizen’s duty to fight for his or her nation and defend the position that everyone (including able-bodied citizens) has the right to flee from danger. First, I clarify the ground and scope of the right to flee, which I defend here. Second, I examine possible arguments for the government’s restriction of the right to flee and coercion of its citizens to fight for their nation, which are based on two of the most promising contentions for political obligation (i. e., a natural duty of justice and fairness). Third, after showing the failure of these, I elaborate further on who ought to discharge what kind of responsibilities to enforce the protection of the right to flee for all in our international society. Finally, I respond to two possible objections to my position. (shrink)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or (...) class='Hi'>justice, categorically. At best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

Abstract A COMPARISON OF THE VIEWS OF AUGUSTINE SHUTTE AND THADDEUS METZ ON AFRICAN PHILOSOPHY AND UBUNTU ETHICS In the theoretical study of Ethics much emphasis has traditionally been placed on established ethical theories, via approaches typified e.g. as deontological, divine command, utilitarian, virtue ethics and natural ethics. At UWC all these approaches, very much entrenched in the Western academic canon, have been taught, together with ethical views carried by the world religions. Over the last few years, however, an interest (...) in the study of African ideas (philosophy, theology, worldview studies, especially around the elusive but fascinating concept of Ubuntu) has grown. This study is an attempt to make a contribution towards a more serious exchange with African ethical ideas and their application in a global context. In this mini-thesis I compare the views of two academics, Augustine Shutte and Thaddeus Metz, who have actively and deliberately worked in the field of African philosophy and ethics. Through this comparative study of two rather different readings of Ubuntu philosophy, I wish to contribute to the growing interest in ethical views and discourse emanating from African ways of looking at the world and at humanity. The well-known, recently deceased, Augustine Shutte, a Catholic scholar of repute, taught Philosophy at the University of Cape Town, and published books such as Philosophy for Africa, The Mystery of Humanity; Ubuntu, An ethic for a New South Africa and The Quest for Humanity in Science and Religion, The South African Experience. The other scholar, the American born philosopher Thaddeus Metz, started teaching Philosophy at the University of Johannesburg and shifted his intellectual attention to African ideas and ethics. Coming from a rational Kantian approach, mixed with utilitarian ethical concerns, Metz discovered the difficulty of adding another “African mix” to main stream academia, based on the comprehensive scope of the very inclusive look at what it means to be human in the quite unique African worldview. He has published widely and in depth on many aspects of this “clash of cultures” while also holding on to enlightenment ideals and an ongoing conversation with science, especially also social science. These two authors thus share many concerns and interests, but also represent two different angles and approaches into African philosophy and ethics. The question for this limited study is formulated in the short introduction: How do Shutte and Metz connect the ethical implications of a widely shared “African worldview” with the core idea of Ubuntu, and which ethical implications do they draw from their reading of Ubuntu – for Africa and the world? These questions are addressed via five chapters: In the first an introduction to the research focus and question and the second of these the field of African Philosophy and Ethics is briefly covered via appropriate literature, thus providing a framework for comparing Shutte and Metz. The third chapter deals with Shutte’s search for an Ubuntu approach to South Africa’s problems within the African and global context - via his emphasis on an inclusive anthropology of caring and justice in which the pitfalls of individualism, materialism and consumerism can be avoided while promoting a sustainable work ethos and attunement with “science”. The fourth chapter focuses on Metz’ critical deontological approach, and his attempt to take the comprehensive African worldview seriously in conversation with utility, reason and science. In the fifth chapter the comparison of these two overlapping, but still quite different with an approach that can lead to a concrete ethical conclusion and application for South Africa, Africa and the world. (shrink)

Michael Blake’s excellent book 'Justice and Foreign Policy' makes an important contribution to the ongoing debates about the kinds of values that should inform the foreign policy of liberal states. In this paper I evaluate his defence of the view that egalitarianism applies within the state but not globally. I discuss two arguments he gives for this claim - one appealing to the material preconditions of democracy and the other grounded in a duty to justify coercive power. I argue (...) that neither argument succeeds. I then identify a general problem with his approach. If states adopted Blake’s principles for their foreign policy we would have a much better world than currently exists. But it would not – I submit - be a fair world. (shrink)

Does the idea of justice make sense only in the human world? Can it make sense also in the world of non-human animals? Put another way, is there scope for justice in the animal world, or is it simply a “might is right” world? Starting from recent research of ethologists, philosophers, psychologists, and jurists, we will reflect on the hypothesis of the existence of an “animal justice” through the identification of three possible contexts of justice (...) in the animal world (distributive justice, ludic fairness, retributive justice) and the analysis of a famous experiment on justice among monkeys. This research allows us to explore the axiological dimension of the hypothetical deontic world of non human animals. (shrink)

Drawing on a methodological approach that involved visual ethnography and combined content and narrative analysis, my research aims to analyse the role that emotions play in the territorial–ontological conflict between British Columbia provincial government, Coastal GasLink and the Wet’suwet’en. Using high-quality online audiovisual material produced by the Wet’suwet’en – allowing a critical perspective throughout the article on the politics of self-representation – I was able to get into the conflict with a phenomenological approach, employing my senses to analyse body movements, (...) tone of voice and language. Theoretically, I articulate a framework made up of Ingold’s phenomenology, Blaser’s ontological conflicts and Escobar’s studies of culture. Then, I build on the spiderweb, a metaphor developed by Ingold, to expand the scope of González-Hidalgo’s emotional political ecologies. The results show that Coastal GasLink, taking culture ‘as a symbolic structure’, proposes as a central mitigation strategy, through their environmental impact assessment, what I call ‘an ontological interruption’ of the Yintakh. Besides, I demonstrate that the processes of political inter-subjectivation sought at the Unist’ot’en Healing Centre help understand the worry, frustration and stress of the Wet’suwet’en facing the world-creating practices of Coastal GasLink. On the other hand, the Healing Centre also reveals how the affections for the other-than-human and their spiderweb (Yintakh or relational world) inform Wet’suwet’en resistance. Lastly, I unveil how Coastal GasLink and the Ministry of Aboriginal Rights, through practices of inclusion and gender equality, seek to blur radical cultural differences, delegitimise the Wet’suwet’en precolonial governance system, and create affections for the Western-modern world. (shrink)