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- Pablo Gilabert (2010). Kant and the Claims of the Poor. Philosophy and Phenomenological Research 81 (2):382-418.
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In this article, I investigate actions that the United States took against Costa Rica during the 1980s in order to argue that current discussions about global justice and its foundations are flawed in three ways. First, it misidentifies the parties of global justice as individual citizens. Second, it conceptualizes global justice as exclusively a distributive justice concern and, as a result, it misidentifies what constitutes a global injustice as being the adverse fate of individuals who live in a poor nation. Finally, the current debate provides no guidance in what must be considered to identify the specific obligations one nation may have to another nation. Given these three problems, I maintain that we conceptualize global injustice as an issue of social justice rather than one exclusively of distributive justice. This will require identifying nations as the parties to global justice, at least in certain cases, and realizing that our goal is to remedy oppressive global structures of power. Utilizing the social justice I propose will put us on the road toward achieving justice across the Americas.
Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, 'negative duties' with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice.
With regard to the problem of world poverty, libertarian theories of corrective justice emphasize negative duties and the idea of responsibility whereas utilitarian theories of help concentrate on positive duties based on the capacity of the helper. Thomas Pogge has developed a revised model of compensation that entails positive obligations that are generated by negative duties. He intends to show that the affluent are violating their negative duties to ensure that their conduct will not harm others: They are contributing to and profiting from an unjust global order. But the claim that negative duty generated positive obligations are more acceptable than positive duties is contestable. I examine whether Henry Shue’s model that is integrating negative duties and positive duties is more convincing concerning the foundation of positive duties to protect others. I defend the idea that there are positive duties of justice. This approach can integrate an allocation of positive duties via responsibility and maintain the advantage of an independent foundation of positive duties.
This paper concentrates on the way Kant's distinction between duties of right and duties of virtue operates at the interstate level. I argue that his Right of Nations (V ölkerrecht) can be interpreted as a duty to establish a kind of interstate distributive justice (that is, as a duty to secure states in their independence and territorial possessions), which is called for to secure domestic distributive justice and to protect individuals' freedom and private property. Or at least this is 'ideal theory' for, as I specify, this cosmopolitan linkage is compromised by Kant's endeavour to accomodate the existence of non-republican states.
In World Poverty and Human Rights, Thomas Pogge argues that the global rich have a duty to eradicate severe poverty in the world. The novelty of Pogges approach is to present this demand as stemming from basic commands which are negative rather than positive in nature: the global rich have an obligation to eradicate the radical poverty of the global poor not because of a norm of beneficence asking them to help those in need when they can at little cost to themselves, but because of their having violated a principle of justice not to unduly harm others by imposing on them a coercive global order that makes their access to the objects of their human right to subsistence insecure. In this paper, I claim that although Pogge is right in arguing that negative duties are crucial in an account of global justice, he is wrong in saying that they are the only ones that are crucial. Harming the global poor by causing their poverty provides a sufficient but not a necessary condition for the global rich to have a duty of justice to assist them. After engaging in a critical analysis of Pogges argument, I conclude by suggesting the need for a robust conception of cosmopolitan solidarity that includes positive duties of assistance which are not mere duties of charity, but enforceable ones of justice.
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.
Machine generated contents note: -- Acknowledgments -- 1. Introduction: The complexity of the debate on global justice -- Part I: Beyond Global Poverty -- 2. Basic positive duties of justice: A contractualist defense -- 3. Negative duties and the libertarian challenge -- 4. The feasibility of global poverty eradication in nonideal circumstances -- Part II: Toward Global Equality -- 5. Humanist versus associativist accounts of global equality -- 6. A humanist defense of global equality -- 7. The feasibility of global equality -- 8. Conclusion: Exploring responsibilities of global justice -- Bibliography -- Index.
Are positive duties to help others in need mere informal duties of
virtue or can they also be enforceable duties of justice? In this paper I
defend the claim that some positive duties (which I call basic positive
duties) can be duties of justice against one of the most important prin-
cipled objections to it. This is the libertarian challenge, according to
which only negative duties to avoid harming others can be duties of
justice, whereas positive duties (basic or nonbasic) must be seen, at
best, as informal moral requirements or recommendations. I focus on the
contractarian version of the libertarian challenge as recently presented
by Jan Narveson. I claim that Narveson’s contractarian construal of
libertarianism is not only intuitively weak, but is also subject to
decisive internal problems. I argue, in particular, that it does not pro-
vide a clear rationale for distinguishing between informal duties of
virtue and enforceable duties of justice, that it can neither successfully
justify libertarianism’s protection of negative rights nor its denial of
positive ones, and that it fails to undermine the claim that basic
positive duties are duties of global justice.
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