Need-claims are ubiquitous within moral and political theory. However, need-based theories are often criticized for being too narrow in scope and too focused on the material preconditions for leading a decent life for grounding a substantial theory of social justice. The aim of this paper is threefold. Firstly, it will investigate the nature and scope of needs by analysing existing conceptualizations of the idea of needs. In so doing, we will get a better understanding of needs, which will help us (...) to carve out the importance and singularity of basic need claims. Secondly, on the basis of the analysis of needs, it will argue for the concept of a fundamental interest in free social agency, which is much better suited than the idea of basic needs actually to ground a theory of social justice, as it highlights the social and institutional conditions for free agency. Thirdly, using the distinction between basic needs and fundamental interests, it will clarify their respective role in and importance for grounding moral principles. Overall, the paper offers a friendly critique of need-based theories, while arguing for a shift of focus to the idea of fundamental interests. (shrink)

One major objection to social rights is a failure of determining which precise social and economic claims should be granted rights status. The social rights debate has grappled with this ‘indeterminacy problem’ for quite some time, and a number of proposals have emerged aimed at fixing the content of these rights. In what follows I examine three distinct approaches to fleshing out the idea of a minimum threshold: social rights as the fulfilment of basic needs, social rights as the securing (...) of a minimally decent life and social rights as a requirement of citizenship. Each of these proposals progressively expands on what the minimum threshold of social rights requires and, conversely, what obligations they generate on part of the state. I will show that none of these approaches is entirely satisfactory and suggest that the social rights debate look elsewhere to determine its content. (shrink)

This paper addresses Richard Vernon's approach to reconciling cosmopolitan political morality with particularized political obligations in his work, Cosmopolitan Regard. It situates his approach in his critical treatment of competing transactional theories of obligation, particularly reciprocity for benefits received, and presents his justification of particularized political obligations towards fellow members of persons' own state, based on complicity in unique systems of risk exposure. The paper also presents a critical treatment of his theory, and goes on to outline an alternate conception (...) of legitimacy without obligation as promising in addressing the identified concerns and as applicable to structures of governance beyond the state. (shrink)

This article addresses the theoretical difficulty of justifying the use of penal coercion in circumstances of marked, unjustified social inequality. The intuitive belief behind the text is that in such a context—that of an indecent State—justifying penal coercion becomes very problematic, particularly when directed against the most disfavored members of society.

It is a central tenet of most contemporary theories of justice that the badly-off have a right to some of the resources of the well-off. In this paper, I take as my starting point two principles of justice, to wit, the principle of sufficiency, whereby individuals have a right to the material resources they need in order to lead a decent life, and the principle of autonomy, whereby once everybody has such a life, individuals should be allowed to pursue their (...) conception of the good, and to enjoy the fruits of their labour in pursuit of such conception. I also endorse the value of fairness, whereby the right person or institution makes the decision as to whether to bring about justice.I show that justice and fairness can be satisfied only if we all enjoy a combination of private and collective rights over the world. In making that case, I shall argue that the set of ownership rights I advocate differs from readily available conceptions of restricted private ownership in two important respects. First, it is such that in some circumstances, two individuals or more can have control rights over the same property at the same time, not, as is standardly the case in legal systems, by contracting with one another (through gifts and joint purchase), but simply on grounds of justice. Second, it allows that, if necessary, property-owners be expropriated from their property without compensation. (shrink)

Los procesos democráticos de toma de decisiones pueden ser evaluados por sus resultados, por su valor intrínseco o por una combinación de ambas cosas. Mostraré que analizar a fondo estas alternativas permite sacar a la luz las debilidades más serias en los modos usuales de justificación del constitucionalismo. La fundamentación teórica de la articulación entre democracia y constitucionalismo ha permanecido atrapada en una trampa que busco romper. Concluiré mostrando la necesidad de rebasar los argumentos epistémicos y contra-epistémicos sugiriendo pautas que (...) hasta ahora creo han sido poco ponderadas en la literatura clásica sobre el tema. (shrink)

En este trabajo se hace una crítica a la interpretación que hacen Ulises Schmill y Carlos Silva Nava de la noción de interés legítimo. La primera parte de la crítica consiste en advertir serios problemas en la tradición doctrinal que ha combinado la concepción de Ihering de interés jurídico con la noción kelseniana de derecho subjetivo, la cual ha influido en la jurisprudencia desarrollada por los tribunales en México. La segunda parte de la crítica apunta a que dichos autores no (...) tomaron en consideración el nuevo contexto normativo que existe en México a partir de la reforma en materia de derechos humanos. El autor propone entonces una interpretación de la noción de interés legítimo compatible con el artículo 1o. de la Constitución, relativo a los derechos humanos. Esta interpretación implica el abandono de la doctrina tradicional. (shrink)

In recent years a powerful case has been made in defence of a system of global governance in which supra-state institutions are accountable directly to the citizens of the world. This political vision- calling for what is commonly termed a ‘cosmopolitan democracy‘- has been defended with considerable imagination by thinkers such as Daniele Archibugi, Richard Falk, David Held, and Tony McGrew. At the same time, a number of powerful arguments have been developed in favour of cosmopolitan principles of distributive justice. (...) Philosophers such as Brian Barry, Charles Beitz, Onora O'Neill, Thomas Pogge, Henry Shue, and Peter Singer have developed formidable arguments against wholly local theories of distributive justice and have argued for cosmopolitan conceptions of distributive justice. (shrink)

In Partisanship and Political Liberalism in Diverse Societies I examine political parties and partisanship within the context of John Rawls’s theory of political liberalism. I argue that parties and partisanship are vital to Rawls’s political liberalism, since they offer a distinctive and crucial contribution to the process of public justification that is central to it, which combines the articulation of public reasons with the channelling into the public political realm of the particular values and conceptions of the good emerging from (...) parties’ specific constituencies. Furthermore, I argue, partisanship generates a special kind of political obligations, and this further contributes to state legitimacy under conditions of reasonable pluralism. In this paper, I respond to three commentators who have raised important criticisms against my argument. More specifically, Section 1 provides a response to Lea Ypi’s argument that my normative account of partisanship wrongly presupposes that existing liberal societies are reasonably just. Section 2 answers Daniel Weinstock’s concerns regarding the plausibility and internal consistency of my account of partisan political obligations. Finally, Section 3 addresses Kevin Vallier’s criticisms, which challenge my account of public reason and propose an alternative one. (shrink)

This paper presents a reconstruction of and some constructive comments on Thomas Pogge’s conception of global justice. Using Imre Lakatos’s notion of a research program, the paper identifies Pogge’s “hard core” and “protective belt” claims regarding the scope of fundamental principles of justice, the object and structure of duties of global justice, the explanation of world poverty, and the appropriate reforms to the existing global order. The paper recommends some amendments to Pogge’s program in each of the four areas.

Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} This article discusses a series of ethical and religious elements that occur in the debate concerning altruistic living unrelated organ donation. Our main focus is on the ethical attitude of altruist donation. In order to illustrate the connections between ethics and religion we use as a case study the group (...) of the so-called “Jesus Christians”. It is evident that this group, as a case study, is more important for the ethical and religious issues than for the medical issues related to organ donation and transplantation. However, it suggests the potential that, in certain cultural contexts, ethics and religion may have in promoting the idea of altruist donation. (shrink)