In this article, I develop a new account of the liberal view that principles of justice are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice. Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should contain principles justifying both. The (...) justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice. -/-. (shrink)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...) and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)

Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

Is democracy a requirement of justice or an instrument for realizing it? The correct answer to this question, I argue, depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in real-world politics, I (...) conclude that theories of justice designed for our world should be centrally concerned with democracy. (shrink)

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

In his late years, Thomas Kuhn became interested in the process of scientific specialization, which does not seem to possess the destructive element that is characteristic of scientific revolutions. It therefore makes sense to investigate whether and how Kuhn’s insights about specialization are consistent with, and actually fit, his model of scientific progress through revolutions. In this paper, I argue that the transition toward a new specialty corresponds to a revolutionary change for the group of scientists involved in such a (...) transition. I will clarify the role of the scientific community in revolutionary changes and characterize the incommensurability across specialties as possessing both semantic and methodological aspects. The discussion of the discovery of the structure of DNA will serve both as an illustration of my main argument and as reply to one criticism raised against Kuhn—namely, that his model cannot capture cases of revolutionary yet non-disruptive episodes of scientific progress. Revisiting Kuhn’s ideas on specialization will shed new light on some often overlooked features of scientific change. (shrink)

A famous passage in Section 64 of Frege’s Grundlagen may be seen as a justification for the truth of abstraction principles. The justification is grounded in the procedureofcontent recarvingwhich Frege describes in the passage. In this paper I argue that Frege’sprocedure of content recarving while possibly correct in the case of first-order equivalencerelations is insufficient to grant the truth of second-order abstractions. Moreover, I propose apossible way of justifying second-order abstractions by referring to the operation of contentrecarving and I show (...) that the proposal relies to a certain extent on the Basic Law V. Therefore,if we are to justify the truth of second-order abstractions by invoking the content recarvingprocedure we are committed to a special status of some instances of the Basic Law V and thusto a special status of extensions of concepts as abstract objects. (shrink)

To believe that every single scientist ought to be individually engaged in ethical thinking in order for science to be responsible at a collective level may be too demanding, if not plainly unrealistic. In fact, ethical labor is typically distributed across different kinds of scientists within the scientific community. Based on the empirical data collected within the Horizon 2020 ‘RRI-Practice’ project, we propose a classification of the members of the scientific community depending on their engagement in this collective activity. Our (...) classification offers, on the one hand, a model of how the ethical aspects of science are taken into consideration by scientists and, on the other, some indications on how to institutionalize ethics in science. (shrink)

This paper outlines an account of conditionals, the evidential account, which rests on the idea that a conditional is true just in case its antecedent supports its consequent. As we will show, the evidential account exhibits some distinctive logical features that deserve careful consideration. On the one hand, it departs from the material reading of ‘if then’ exactly in the way we would like it to depart from that reading. On the other, it significantly differs from the non-material accounts which (...) hinge on the Ramsey Test, advocated by Adams, Stalnaker, Lewis, and others. (shrink)

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not moralized. We show that freedom as (...) independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

In the past few years, social epistemologists have developed several formal models of the social organisation of science. While their robustness and representational adequacy has been analysed at length, the function of these models has begun to be discussed in more general terms only recently. In this article, I will interpret many of the current formal models of the scientific community as representing the latest development of what I will call the ‘Kuhnian project’. These models share with Kuhn a number (...) of questions about the relation between individuals and communities. At the same time, they also inherit some of Kuhn’s problematic characterisations of the scientific community. In particular, current models of the social organisation of science represent the scientific community as essentially value-free. This may put into question both their representational adequacy and their normative ambitions. In the end, it will be shown that the discussion on the formal models of the scientific community may contribute in fruitful ways to the ongoing debates on value judgements in science. (shrink)

This paper develops a probabilistic analysis of conditionals which hinges on a quantitative measure of evidential support. In order to spell out the interpreta- tion of ‘if’ suggested, we will compare it with two more familiar interpretations, the suppositional interpretation and the strict interpretation, within a formal framework which rests on fairly uncontroversial assumptions. As it will emerge, each of the three interpretations considered exhibits specific logical features that deserve separate consideration.

Thomas Kuhn (1922-1996) is widely considered as one of the most important philosophers of science of the 20th century, while his The Structure of Scientific Revolutions (SSR) is regarded as one of the most influential works in the philosophy ofscience. At the same time, however, his place within philosophy of science remains ambiguous. On the one hand, despite the popularity of SSR, there is no proper ‘Kuhnian school of thought’ in HPS. On the other hand, the interest towards Kuhn does (...) not seem to fade away and the number of publications about his work does not seem to decrease. We suggest that there are at least three different ways to go ‘beyond SSR’: (i) by scrutinising the development of Kuhn’s thought, from his pre- to his post-SSR writings; (ii) by contextualising Kuhn in the philosophical milieu of his time, thus interpreting his view as emerging from the intellectual exchanges he had with contemporary philosophers; (iii) by reinterpreting and developing some of his most known ideas, in ways that perhaps Kuhn himself was not able to contemplate. (shrink)

Incommensurability may be regarded as driving specialisation, on the one hand, and as posing some problems to interdisciplinarity, on the other hand. It may be argued, however, that incommensurability plays no role in either specialisation or interdisciplinarity. Scientific specialties could be defined as simply 'different' (that is, about different things), rather than 'incommensurable' (that is, competing for the explanation of the same phenomena). Interdisciplinarity could be viewed as the co- ordinated effort of scientists possessing complemetary and interlocking skills, and not (...) as the overcoming of some sort of incommensurable divide. This article provides a comprehensive evaluative examination of the relations between specialisation, interdisciplinarity, and incommensurability. Its aim is to defend the relevance of incommensurability to both specialisation and interdisciplinarity. At the same time, it aims at correcting the tendency, common among many philosophers, to regard incommensurability in a restrictive manner - such as, for example, as an almost purely semantic issue. (shrink)

The Queen's College, Oxford, UK In his article `Facts and Principles', G.A. Cohen attempts to refute constructivist approaches to justification by showing that, contrary to what their proponents claim, fundamental normative principles are fact- in sensitive. We argue that Cohen's `fact-insensitivity thesis' does not provide a successful refutation of constructivism because it pertains to an area of meta-ethics which differs from the one tackled by constructivists. While Cohen's thesis concerns the logical structure of normative principles, constructivists ask how normative principles (...) should be justified . In particular, their claim that justified fundamental normative principles are fact-sensitive follows from a commitment to agnosticism about the existence of objective moral facts. We therefore conclude that, in order to refute constructivism, Cohen would have to address questions of justification, and take a stand on those long-standing meta-ethical debates about the ontological status of moral notions (for example, realism versus anti-realism) with respect to which he himself wants to remain agnostic. Key Words: John Rawls • normative justification • realism versus anti-realism • methodological versus substantive principles. (shrink)

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

According to the view of conditionals named 'inferentialism', a conditional holds when its consequent can be inferred from its antecedent. This paper identifies some major challenges that inferentialism has to face, and uses them to assess three accounts of conditionals: one is the classical strict account, the other two have recently been proposed by Douven and Rott. As will be shown, none of the three proposals meets all challenges in a fully satisfactory way. We argue through novel formal results that (...) a variation of the evidential account of conditionals suggested by Crupi and Iacona is the most promising candidate to develop inferentialism in a coherent formal framework. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. The paper discusses four interpretations of the skeptical slogan—each based on a specific account of the notion (...) of “the demos”—and concludes that none of them establishes that the global democratic ideal must be abandoned. In so doing, the paper (i) systematizes different types of objections against global democracy, thus bringing some clarity to an otherwise intricate debate and (ii) offers a robust but qualified defense of the global democratic ideal. (shrink)

This paper investigates the logic of reasons. Its aim is to provide an analysis of the sentences of the form ‘p is a reason for q’ that yields a coherent account of their logical properties. The idea that we will develop is that ‘p is a reason for q’ is acceptable just in case a suitably defined relation of incompatibility obtains between p and ¬q. As we will suggest, a theory of reasons based on this idea can solve three challenging (...) puzzles that concern, respectively, contraposing reasons, conflicting reasons, and supererogatory reasons, and opens a new perspective on some classical issues concerning non-deductive inferences. (shrink)

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

Many political theorists defend the view that egalitarian justice should extend from the domestic to the global arena. Despite its intuitive appeal, this ‘global egalitarianism’ has come under attack from different quarters. In this article, we focus on one particular set of challenges to this view: those advanced by domestic egalitarians. We consider seven types of challenges, each pointing to a specific disanalogy between domestic and global arenas which is said to justify the restriction of egalitarian justice to the former, (...) and argue that none of them – both individually and jointly – offers a conclusive refutation of global egalitarianism. (shrink)

One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law's content—i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test—the “content-independence test”—which allows us to establish whether any candidate justification of the (...) obligation to obey the law delivers genuine content-independence. I apply this test to prominent such justifications and conclude that several of them, surprisingly, fail it. (shrink)

This paper outlines an account of concessive conditionals that rests on two main ideas. One is that the logical form of a sentence as used in a given context is determined by the content expressed by the sentence in that context. The other is that a coherent distinction can be drawn between a reading of ‘if’ according to which a conditional is true when its consequent holds on the supposition that its antecedent holds, and a stronger reading according to which (...) a conditional is true when its antecedent supports its consequent. As we will suggest, the logical form of concessive conditionals can be elucidated by relying on this distinction. (shrink)

In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to protect human rights, (...) it loses its moral status and becomes liable to both internal and external interference. I argue that this account not only steers a middle course between so-called natural-law and political approaches to human rights but also satisfies three important theoretical desiderata— explanatory power, functional specificity, and critical capacity. (shrink)

Journal of Political Philosophy, EarlyView.

Reference to the state is ubiquitous in debates about global justice. Some authors see the state as central to the justification of principles of justice, and thereby reject their extension to the international realm. Others emphasize its role in the implementation of those principles. This chapter scrutinizes the variety of ways in which the state figures in the global-justice debate. Our discussion suggests that, although the state should have a prominent role in theorizing about global justice, contrary to what is (...) commonly thought, acknowledging this role does not lead to anti-cosmopolitan conclusions, but to the defense of an “intermediate” position about global justice. From a justificatory perspective, we argue, the state remains a key locus for the application of egalitarian principles of justice, but is not the only one. From the perspective of implementation, we suggest that state institutions are increasingly fragile in a heavily interdependent world, and need to be supplemented—though not supplanted—with supranational authorities. (shrink)

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, deprivation that is not (...) caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

Philosophical discussion of human rights has long been monopolised by what might be called the ‘natural-law view’. On this view, human rights are fundamental moral rights which people enjoy solely by virtue of their humanity. In recent years, a number of theorists have started to question the validity of this outlook, advocating instead what they call a ‘political’ view. My aim in this article is to explore the latter view in order to establish whether it constitutes a valuable alternative to (...) the ‘natural-law view’. In particular, I distinguish between three ways in which human rights can be political: in relation to their (1) iudicandum, (2) justification and (3) feasibility constraints. I argue that it makes sense to think of human rights as political in relation to both their iudicandum and their justification but in a way that is not always adequately captured by proponents of the political view. Moreover, I also claim that, if we take the political view seriously, we still need to engage in the sort of abstract moral reasoning that characterises the natural-law approach and which proponents of the political view significantly downplay. (shrink)

Once upon a time, some thought that indicative conditionals could be effectively analyzed as material conditionals. Later on, an alternative theoretical construct has prevailed and received wide acceptance, namely, the conditional probability of the consequent given the antecedent. Partly following critical remarks recently ap- peared in the literature, we suggest that evidential support—rather than conditional probability alone—is key to understand indicative conditionals. There have been motivated concerns that a theory of evidential conditionals (unlike their more tra- ditional counterparts) cannot generate (...) a sufficiently interesting logical system. Here, we will describe results dispelling these worries. Happily, and perhaps surprisingly, appropriate technical variations of Ernst Adams’s classical approach allow for the construction of a logic of evidential conditionals with distinctive fea- tures, which is also well-behaved and reasonably strong. (shrink)

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

The enormous increasing of connections between people and the noteworthy enlargement of domains and methods in sciences have augmented extraordinarily the cardinality of the set of meaningful human symbols. We know that complexity is always on the way to become complication, i.e. a non-tractable topic. For this reason scholars engage themselves more and more in attempting to tame plurality and chaos. In this book distinguished scientists, philosophers and historians of science reflect on the topic from a multidisciplinary point of view. (...) Is it possible to dominate complexity through reductionism? Are there other conceptual instruments useful to take account of complexity? What is complexity in biology, mathematics, physics and philosophy of mind? These are some of the questions which are faced in this volume. (shrink)

Natural Categories and Human Kinds is a recent and timely contribution to current debate on natural kinds. Because of the growing sophistication of this debate, it is necessary to make careful distinctions in order to appreciate the originality of Khalidi’s position. Khalidi’s view on natural kinds is naturalistic: if we want to know what Nature’s joints really are, we should look at the actual carving job carried out by our best scientific practices. Like LaPorte, Khalidi is a fallibilist: our best (...) scientific theories may be revised or abandoned and so can our current classifications of natural kinds. Unlike LaPorte, however, Khalidi is an anti-essentialist: he argues against the idea that membership in a natural kind is a matter of possessing an essential set of necessary and sufficient properties. Like Dupré, Khalidi is a pluralist and anti-reductionist: he does not believe that there is only one true classification system and that there are natural kinds only at the so-called "fundamental level" of microphysics. Khalidi develops his pluralistic and anti-reductionistic position on the basis of a deep appreciation for the special sciences but, unlike Dupré, he thinks that only the scientific inquiry, which is driven by epistemic purposes, discover natural kinds and that, therefore, there are important differences between scientific and folk classifications. Khalidi’s conception of natural kinds has both an epistemic and a metaphysical component. (shrink)

Just as different sciences deal with different facts—say, physics versus biology—so we may ask a similar question about normative theories. Is normative political theory concerned with the same normative facts as moral theory or different ones? By developing an analogy with the sciences, we argue that the normative facts of political theory belong to a higher— more coarse-grained—level than those of moral theory. The latter are multiply realizable by the former: competing facts at the moral level can underpin the same (...) facts at the political one. Consequently, some questions that moral theories answer are indeterminate at the political level. This proposal offers a novel interpretation of John Rawls’s idea that, in public reasoning, we should abstract away from comprehensive moral doctrines. We contrast our distinction between facts at different levels with the distinction between admissible and inadmissible evidence and discuss some implications for the practice of political theory. (shrink)

Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to these (...) critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse. (shrink)

Whenever fellow humans suffer due to natural catastrophes, we have a duty to help them. This duty is not only acknowledged in moral theory, but also expressed in ordinary people’s reactions to phenomena such as tsunamis, hurricanes, and earthquakes. Despite being widely acknowledged, this duty is also widely disputed: some believe it is a matter of justice, others a matter of charity. Although central to debates in international political theory, the distinction between justice and charity is hardly ever systematically drawn. (...) To fill this gap in the literature, I consider three accounts of this distinction, the ‘Agent-based’, the ‘Recipient-based’, and the ‘Mixed’ View, and argue that they are all unsatisfactory. I then offer a fourth alternative, the ‘Autonomy’ View, which successfully overcomes the difficulties affecting its rivals. I conclude by considering the implications of this view for the moral grounds of disaster relief in earthquake-stricken Haiti, New Zealand, and Japan. (shrink)

In recent years, political philosophers have been fiercely arguing over the virtues and vices of utopian vs realistic theorizing. Partly due to the lack of a common and consistently used vocabulary, these debates have become rather confusing. In this chapter, I attempt to bring some clarity to them and, in doing so, I offer a conciliatory perspective on the “utopian vs realistic theorizing” controversy. I argue that, once the notion of a normative or evaluative theory is clearly defined and distinguished (...) from the desiderata that any good theory should satisfy, many of the disagreements between supporters and opponents of “utopian” or “ideal” theorizing can be easily dissolved. I conclude that, in general, political philosophers should be cautious when theorizing at the extreme ends of the “utopian-realistic” spectrum, but that, setting extremes aside, the correct level of realism or idealism depends on the particular question a theory aims to address. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, on the political view, what makes states primary bearers of (...) human-rights duties is their possession of both (i) the capacity to fulfill human right and (ii) what I call the ‘authority-plus-sovereignty package’. Building on the existing literature on the moral responsibilities of TNCs, I argue that some TNCs—especially in areas of weak governance—meet these two conditions. I thus conclude that they count as bearers of primary human-rights responsibilities even from within a political perspective on human rights. (shrink)