There are many interesting questions to ask about cosmopolitan arguments. Is it true that the sphere of moral concern is global? Which sets of actions would realize the outcomes of global justice that cosmopolitans seek? Are those sets of actions feasible, and when we compare them against each other, which is the most feasible? The question I want to focus on in this paper is a question of the latter kind, but I want to take a slightly unique approach (...) to it. I shall ask which of the two dominant arguments for duties to alleviate global poverty, supposing their premises were generally accepted, would be more likely to produce the desired outcome. I take Pogge's argument for obligations grounded in principles of justice, a "contribution" argument, and Campbell's argument for obligations grounded in principles of humanity, an "assistance" argument, to be prototypical. Were people to accept the premises of Campbell's argument, how likely would they be to support governmental reform in policies for international aid, or to make individual contributions to international aid organizations? And I ask the same question, mutatis mutandis, for Pogge's argument. (shrink)
Book Information A Common Humanity: Thinking about Love and Truth and Justice. A Common Humanity: Thinking about Love and Truth and Justice Raimond Gaita London Routledge 2000 xxxi, 293 Hardback £17.99 By Raimond Gaita. Routledge. London. Pp. xxxi, 293. Hardback:£17.99.
Based on the author's award-winning and hugely popular undergraduate course at the University of Texas, this book explores these questions and the fundamentally sociological processes which underlie the quest for morality and justice in ...
This paper defends an egalitarian conception of global justice against two kinds of criticism. Many who defend egalitarian principles of justice do so on the basis that all humans are part of a common 'association' of some kind. In this paper I defend the humanity-centred approach which holds that persons should be included within the scope of distributive justice simply because they are fellow human beings. The paper has four substantive sections - the first addresses Andrea (...) Sangiovanni's reciprocity-based argument for the claim that egalitarian principles apply only within the state. The second responds to Michael Blake's coercion-based argument for the thesis that egalitarian principles apply only within the state. A third section draws attention to a general problem with associational accounts of distributive justice. Finally, I seek to show how a humanity-centred cosmopolitanism can accommodate the insights associated with an associational approach. (shrink)
Powerful and timely, A Common Humanity asks why the language of morality has failed us. Drawing on examples of the Holocaust, the David Irving affair, the case of Mary Bell and the treatment of the Aborigines in Australia, Raimond Gaita challenges our received thinking about evil in this provocative exploration of what makes an ethical society.
Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his “conclusions” without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to (...) their logical conclusions, both A Theory of Justice and The Law of Peoples have abysmally counterintuitive and immoral implications. These implications comprise, among other things, the justifiability of slavery, the denial of human rights and the permissibility of genocide. (shrink)
In Justice in Love, Nicholas Wolterstorff argues for a unique ethical orientation called “care-agapism.” He offers it as an alternative to theories of benevolence-agapism found in Christian ethics on the one hand and to the philosophical orientations of egoism, utilitarianism, and eudaimonism on the other. The purported uniqueness and superiority of his theory lies in its ability to account for the conceptual compatibility of love and justice while also positively incorporating self-love. Yet in attempting to articulate a “bestowed (...) worth” account of human dignity—in which dignity is given by divine love and respected in acts of justice—Wolterstorff leans on an unstable characterization of how love and the good are conceptually interwoven. As a result, his reader cannot be sure about the theoretical superiority of care-agapism. Moreover, Wolterstorff's attempt to value self-love and at the same time reject eudaimonism depends on a dubious interpretation of Augustine carried over from Justice: Rights and Wrongs, which itself further depends on a mischaracterization of the possible varieties of eudaimonism. This mistake is unfortunate because, on a closer reading of Augustine, one finds an agapistic account of eudaimonism that could have significantly helped Wolterstorff's overall account of the complementary relation of love and justice. (shrink)
This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates (...) issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II traces the globalization of Western law back to colonialism, addressing the rising importance of multiculturalism, gender studies, and the quotidian in legal studies. Part III examines legal pluralism. Part IV turns from the empirical “other” of legal pluralism to the concrete “Other” in Continental ethics and philosophy. The book then traces this recent ethical turn in legal theory back to the challenges of poststructuralism in Part V. The volume concludes with a psychoanalytic rethinking of justice for the new millennium that is based on love, forgiveness, and promise—a justice that, in Lacanian terms, operates outside the “limits” of the law. (shrink)
Ethical challenges to certain aspects of research on human subjects are not uncommon; examples include challenges to first-in-human trials (Chapman in J Clin Res Bioethics 2(4):1–8, 2011), certain placebo controlled trials (Anderson in J Med Philos 31:65–81, 2006; Anderson and Kimmelman in Kennedy Inst Ethics J 20(1):75–98, 2010) and “sham” surgery (Macklin in N Engl J Med 341:992–996, 1999). To date, however, there are few challenges to research when the subjects are competent and the research is more than minimal risk (...) with no promise of direct benefit. The principal reason given for allowing research that is more than minimal risk without benefit is that we should respect the autonomy of competent subjects. I argue that though the moral intuitions informing respect for autonomy are sound, there is another set of intuitions regarding what we take to be just treatment of another when one agent knowingly causes or allows suffering on another agent. I argue that concerns generated by commutative justice serve as limitations on permissible research. I highlight our intuitions informing this notion of justice by appealing to work done on theodicy; what counts as a morally sufficient reason for God to allow suffering in humans is applicable also to the researcher-subject relationship. I conclude that all human subjects who are exposed to more than minimal risk research should enjoy the same actual protections (e.g., subpart D) as those given subjects who cannot consent. (shrink)
International Justice and the Third World examines the conceptual and ethical issues surrounding the idea of development. The contributors forcefully contest the view that there is no such thing as justice beween societies of unequal power, and no obligation to assist poor people in distant countries. While attentive to and explicatory of the presuppositions adhering to development models, Liberal and Marxist approaches to universal responsibilities are forwarded and these approaches' ability to manage global issues of equity are weighed.
David Lyons is one of the preeminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad (...) the law of a community might be, strict conformity to existing law automatically dispenses "formal" justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. (shrink)
This paper considers whether Rawls' theory of justice as fairness may be used to justify a human right to health care. Though Rawls himself does not discuss health care, other writers have applied Rawls' theory to the provision of health care. Ronald Green argues that contractors in the original position would establish a basic right to health care. Green's proposal, however, requires considerable relaxation of the constraints Rawls places on the original position and thus jeopardizes Rawls' arguments for the (...) two principles of justice. Norman Daniels claims that health care is best understood as a means for helping to achieve Rawls' goal of equality of fair opportunity. Daniels acknowledges, however, that his interpretation cannot justify a basic right to health care; rather, it would at best require that certain kinds of care be made available to certain kinds of individuals. Finally, in place of the notion of health care is a human right, it is suggested that the provision of health care is a social ideal which may inspire the creation of specific legal rights. On this view, social provision of health care may properly vary significantly from culture to culture. Despite this variability, social systems may still be criticized on moral grounds. Keywords: justice, right to health care, equality, fair opportunity CiteULike Connotea Del.icio.us What's this? (shrink)
What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative (...) approach” to the theory of justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)
Various arguments have been provided for drawing non-humans such as animals and artificial agents into the sphere of moral consideration. In this paper, I argue for a shift from an ontological to a social-philosophical approach: instead of asking what an entity is, we should try to conceptually grasp the quasi-social dimension of relations between non-humans and humans. This allows me to reconsider the problem of justice, in particular distributive justice . Engaging with the work of Rawls, I show (...) that an expansion of the contractarian framework to non-humans causes an important problem for liberalism, but can be justified by a contractarian argument. Responding to Bell’s and Nussbaum’s comments on Rawls, I argue that we can justify drawing non-humans into the sphere of distributive justice by relying on the notion of a co-operative scheme. I discuss what co-operation between humans and non-humans can mean and the extent to which it depends on properties. I conclude that we need to imagine principles of ecological and technological distributive justice. (shrink)
To a great extent, recent discussion of global obligations has been couched in the language of human rights. I argue that this is a mistake. If, as many theorists have supposed, a normative theory applicable to obligations of global justice must also respect the needs of justice internal to recipient nations, any such theory cannot take human rights as an important moral notion. Human rights are inapplicable for the domestic justice of poor nations, and thus cannot form (...) a plausible basis for international justice. Instead, I propose an alternative basis, a form of welfarist maximizing consequentialism. My alternative is superior to rights-based theories in dealing with the special problems of justice found in poor nations. (shrink)
In her valuable book Hiding from humanity: Disgust, shame and the law, Nussbaum says that she reaches many of the same practical conclusions as Mill. But she argues that Mill’s conceptions of liberty, justice, and respect for rival ideas of the good and for religious belief, are defective, and further that they do not provide as adequate a basis for the form of political liberalism she recommends. Actually, the alleged defects in Mill rest largely on misrepresentations, but more (...) importantly, once one understands the central role of Mill’s account of justice in shaping his view of liberty and morality, it becomes clear that he offers a better response to cultural pluralism. His way of relating the morality and the aesthetics of conduct embodies a kind of respect for diversity both deeper and more realistic than that claimed for political liberalism. Mill brings a heritage from the Enlightenment in the light of which political liberalism looks like a failure of nerve. (shrink) -/- John Stuart Mill in 19th Century Philosophy Justice, Misc in Social and Political Philosophy. (shrink)
Cindy Holder and Bruce Landesman pose several interesting challenges for my account of Global Justice. In this article I address their concerns by discussing the content of what we owe one another. When we appreciate all the components of what it is to have a decent life, this will commit us to a much richer picture of what we owe one another than is commonly assumed when talking of decent lives. There is also considerable scope for concern with inequality (...) when that fuller picture is presented. I discuss and clarify the importance of a shared state in securing global justice and also how, in the absence of shared state structures, we are to see our options for ensuring that our institutions treat all human beings as having equal moral worth. There is scope for compatriot partiality and appropriate attention to non-compatriots. I explain how these can readily be combined. (shrink)
I examine how reforming our international tax regime could be an important vehicle by which we can begin to realize global justice. For instance, eliminating tax havens, tax evasion, and transfer pricing schemes are all important to ensure accountability and to support democracies. I argue that the proposals concerning taxation reform are likely to be more effective in tackling global poverty than Thomas Pogge's global resources dividend because they target some of the central issues more effectively. I also discuss (...) many particular proposals for global taxes that have already been floated and implementation prospects and successes. (shrink)
This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.
In Goodness and Justice, Joseph Mendola develops a unified moral theory that defends the hedonism of classical utilitarianism while evading utilitarianism's familiar difficulties by two modifications. His theory incorporates a new form of consequentialism. When, as is common, someone is engaged in conflicting group acts, it requires that one perform the role in that group that is most beneficent. The theory holds that overall value is distribution-sensitive, ceding maximum weight to the well-being of the worst-off sections of sentient lives. (...) It is properly congruent with commonsense intuition and required by the true metaphysics of value, by the unconstituted natural good found in our world. (shrink)
Law and morality : constructs and models -- The morality of cognition : the normativity of ordinary reasoning -- Law in action : a praxeological approach to law and justice -- Law in context : legal activity and the institutional context -- Procedural constraint : sequentiality, routine, and formal correctness -- Legal relevance : the production of factuality and legality -- From law in the books to law in action : egyptian criminal law between doctrine, case law, jurisprudence, and (...) practice -- The natural person : the contingent and contextual production of legal personality -- The production of causality : a praxeological grammar of the use of causal concepts -- Intention in action : the teleological orientation of the parties to criminal cases -- Morality on trial : structure and intelligibility of the court sentence -- Questions of morality : sequential, structured organization of the interrogation -- The categories of morality : homosexuality between perversion and debauchery. (shrink)
Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights (...) are among the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)
Peter Corning: The Fair Society: The science of human nature and the pursuit of social justice Content Type Journal Article Category Review Essay Pages 1-8 DOI 10.1007/s10539-011-9304-0 Authors Holly Lawford-Smith, Centre for Applied Ethics and Public Philosophy, Charles Sturt University, Canberra, Australia Journal Biology and Philosophy Online ISSN 1572-8404 Print ISSN 0169-3867.
This essay examines conceptual difficulties with one of the ways in which justice has been understood and applied the ethical and regulatory review of human research. Justice requires the fair distribution of the benefits and burdens of research. Class membership is seen as justifying inclusion in higher hazard-no benefit research from which members of potentially vulnerable classes, such as children, typically would be excluded. I argue that class membership does not do the justificatory work it is thought to (...) do and that the use of class membership to justify inclusion in higher hazard-no benefit research leads to unjustified discrimination of sick children and offers special protections to healthy children. (shrink)
Although the participants in the initial situation of justice in John Rawls’ Theory of Justice choose principles of justice only, their choices have implications for other moral concerns. The only check on the self-interest of the participants is that there be unanimous acceptance of the principles. But, since animals are not participants, it is possible that principles will be adopted which confiict with what Rawls calls“duties of compassion and humanity” toward animals. This is a consequence of (...) the initial situation’s assumption that principles of justice can be determined independently of other moral considerations. We question this assumption, and show that satisfactory modifications of Rawls’ initial situation undermine its contractarian basis and require the rejection of exclusively self-interested participants. (shrink)
In her valuable book Hiding from humanity: Disgust, shame and the law, Nussbaum says that she reaches many of the same practical conclusions as Mill. But she argues that Mill’s conceptions of liberty, justice, and respect for rival ideas of the good and for religious belief, are defective, and further that they do not provide as adequate a basis for the form of political liberalism she recommends. Actually, the alleged defects in Mill rest largely on misrepresentations, but more (...) importantly, once one understands the central role of Mill’s account of justice in shaping his view of liberty and morality, it becomes clear that he offers a better response to cultural pluralism. His way of relating the morality and the aesthetics of conduct embodies a kind of respect for diversity both deeper and more realistic than that claimed for political liberalism. Mill brings a heritage from the Enlightenment in the light of which political liberalism looks like a failure of nerve. (shrink)
Radical Orthodoxy (RO) accepts the post-structuralist critiques of autonomous human agency while liberation theologians embrace Enlightenment ideals ofsubjectivity and the secular political space where agency is exercised. RO theologians think that by accepting these premises, liberation theology fails to resist violence and nihilism that are the inevitable fruit of secular autonomy. I want to formulate a liberationist response to these objections. Liberationists do not see human and divine agency as fundamentally opposed, but rather the deepest strivings of the human spirit (...) for justice are on the same trajectory as the Kingdom of God. Human and divine agency are tied together through the notion of a utopia whereby these strivings for justice are expressed in a finite and historical way. This emancipative use of reason in the construction of a utopia provides a means for divine and human agency to interact without destroying the human autonomy of the secular sphere. (shrink)
Martha Nussbaum has expanded the capabilities approach to defend positive duties of justice to individuals who fall below Rawls’ standard for fully cooperating members of society, including sentient nonhuman animals. Building on this, David Schlosberg has defended the extension of capabilities justice not only to individual animals but also to entire species and ecosystems. This is an attractive vision: a happy marriage of social, environmental and ecological justice, which also respects the claims of individual animals. This paper (...) asks whether it is one that the capabilities approach can really deliver. Serious obstacles are highlighted. The potential for conflict between the capability-based entitlements of humans and those of nonhuman animals or ‘nature’ is noted, but it is argued that this does not constitute a decisive objection to the expanded capabilities approach. However, intra-nature conflicts are so widespread as to do so: the situation is outside the circumstances of justice as they are standardly understood. Schlosberg attempts to reconcile such conflicts by re-examining what it means to flourish as a sentient nonhuman animal. This fails, because of the distinction between flourishing as a species, which often requires predation, and flourishing as an individual, which is as frequently incompatible with it. Finally, the paper considers how a capabilities theorist might move beyond such conflicts, identifying two possible strategies (which are not themselves unproblematic) for reconciling the demands of humans, animals and ecosystems. (shrink)
I begin with an account of what is deserved in human ethics, an ethics that assumes without argument that only humans, or rational agents, count morally. I then take up the question of whether nonhuman living beings are also deserving and answer it in the affirmative. Having established that all individual living beings, as well as ecosystems, are deserving, I go on to establish what it is that they deserve and then compare the requirements of global justice when only (...) humans are taken into account with the requirements of global justice when all living beings are taken into account. (shrink)
In 2003, Ruth Faden and eighteen other colleagues argued that a "problem of unequal biological access" is likely to arise in access to therapies resulting from human embryonic stem cell research. They showed that unless deliberate steps are taken in the United States to ensure that the human embryonic stem cell lines available to researchers mirrors the genetic diversity of the general population, white Americans will likely receive the benefits of these therapies to the relative exclusion of minority ethnic groups. (...) Over the past five years the problem of unequal biological access has not received much attention from politicians, bioethicists and even many researchers in the United States, in spite of the widely held belief in the country that there is an obligation to prevent and correct ethnic disparities in access to medical care. The purpose of this paper is to increase awareness of the problem of unequal biological access and of the need to do more than is currently being done to ensure that ethnic disparities in access to human embryonic stem cell-based therapies do not arise. Specifically, this paper explains why the problem of unequal biological access will likely arise in the United States in such a way that white Americans will disproportionately receive most of the benefits of the therapies resulting from human embryonic stem cell research. It also argues for why there is an obligation to prevent these ethnic disparities in access from happening and outlines four steps that need to be taken towards meeting this obligation. (shrink)
The prospect of dangerous climate change requires Humanity to limit the emission of greenhouse gases. This in turn raises the question of how the permission to emit greenhouse gases should be distributed and among whom. In this article the author criticises three principles of distributive justice that have often been advanced in this context. He also argues that the predominantly statist way in which the question is framed occludes some morally relevant considerations. The latter part of the article (...) turns from critique and advances a new way of addressing the problem. In particular, first, it proposes four key theses that should guide our normative analysis; and, second, it outlines how these four theses can be realised in practice. (shrink)
This article offers certain criticisms of some of the main arguments and suggestions put forward by G. A. Cohen in his 1980 Isaac Deutscher Memorial Lecture. As against Cohen I argue: (i) that it is strategically irrelevant for committed socialists or Marxists to argue that capitalism is unjust; (ii) that the political quiescence of the proletariat has less to do with its sense of justice or other ideological factors than with non?ideological factors such as its realization that the struggle (...) for Communism may not be worth it; (iii) that Communism is, anyway, impossible, and (iv) that the tension in Marx and Cohen between the view that capitalism is unjust and that capitalist exploitation is necessary for the productive progress required for the ?ultimate liberation of humanity? cannot be relieved. (shrink)
: The debate over when medical research may be performed in developing countries has steered clear of the broad issues of social justice in favor of what seem more tractable, practical issues. A better approach will reframe the question of justice in international research in a way that makes explicit the links between medical research, the social determinants of health, and global justice.
This volume reflects the results of a symposium held at Tillar House, the ASIL headquarters in Washington, DC, in November 2008 which brought together philosophers, legal scholars, and economists to discuss the problems of understanding ...
Governments of all nations presume they possess full discretionary policymaking powers over the lands and waters within their geopolitical boundaries. At least one global environmental issue—the rapid loss of the world’s biodiversity, the sixth major mass extinction event in geological time—challenges the legitimacy of this presumption. Increment by increment, the present generation is depleting the world’s biodiversity by way of altering species’ habitats for the sake of short term economic gain. When biodiversity is understood as an essential environmental condition—essential in (...) the long term because it is the source of the biological resources upon which humans depend—then the strongly differential distribution of benefits and burdens between generations raises an issue of intergenerational justice. We receive the short-term benefits of economic development; future generations will receive the resulting burden of a biosphere in which one of the life-support systems necessary for humanity will have been compromised. Using Ronald Dworkin’s conceptions of distributive justice, it can be demonstrated that constitutional constraints on the discretionary powers of governments, for the sake of intergenerational justice, are entirely consistent with central tenets of liberal democracy. As a result, we should abandon to some extent the presumption that governments have full jurisdiction over the lands and waters within their boundaries. (shrink)
This introductory chapter provides an overview of the recent debate about responsibility and distributive justice. It traces the recent philosophical focus on distributive justice to John Rawls and examines two arguments in his work which might be taken to contain the seeds of the focus on responsibility in later theories of distributive justice. It examines Ronald Dworkin's ‘equality of resources’, the ‘luck egalitarianism’ of Richard Arneson and G. A. Cohen, as well as the criticisms of their work (...) put forward by Elizabeth Anderson, Marc Fleurbaey, Susan Hurley, and Jonathan Wolff. Key concepts such as responsibility (individual and collective), luck (thin and thick; brute and option), control, desert, and equality of opportunity are delineated, and the implementation of responsibility-sensitive accounts of justice is considered. The chapters of this book are positioned in relation to the wider literature on responsibility and distributive justice, and a brief outline of the chapters is provided. (shrink)
A number of theorists have tried to resolve the tension between a western-oriented liberal scheme of human rights and an account that accommodates different political systems and constitutional ideals than the liberal one. One important way the tension has been addressed is through a “neutral” or tolerant, notion of human rights, as present in the work of Rawls, Scanlon and Buchanan. In this paper I argue that neutrality cannot by itself explain the difference between rights considered appropriate for liberal states (...) and rights considered to be human rights proper. The central arguments used by neutralist theorists presuppose, rather than justify, this differential treatment. Instead, that difference can be understood only by reference to the purpose of human rights as distinct from the constitutional rights of a liberal state. This requires us to reassess the point and purpose of a theory of international justice, in contrast to justice for a domestic and politically separate society. In the case of a theorist like Rawls, human rights represent guides to the foreign policy of a liberal state, rather than to principles by which all states are expected to abide. That is because of Rawls’ acceptance that no common, authoritative, third-party, institutions capable of imposing duties on all agents uniformly exist or can exist. This also makes his theory inherently conservative about human rights, given that they are simply to act as a guide to which states can be treated as legitimate when it comes to liberal foreign policy: those that possess institutions that can be said to represent a peoples, rather than being imposed through violence. This standard is lower than the ideal set of rights extended to all in a liberal society. (shrink)
Abstract This paper is a case study of the repression practised in Chile under the military dictatorship between 1973 and 1990. It outlines the psycho?dynamic mechanisms of terror and of the struggle against it. It raises critically the issue of impunity (officially declared amnesty for human rights violations) and its consequences for the sense of justice in a process of transition to democracy. The educational implications of this precarious situation are discussed. The article shows that a well?worked out system (...) of terror can destroy even the most elementary forms of respect for basic human rights. A full reconstitution of the social fabric is required, which is based on the practice of respect for human rights as a foundation for a democratic polity. (shrink)
During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical (...) voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future. (shrink)
Social justice has strong historical roots in public health. This does not mean that we always understand what it entails when conducting an ethical analysis of a particular public health program. This article shows that Powers and Faden’s theory of social justice can provide important insights and nuance to such an analysis. The Ontario human papilloma virus vaccination program that is underway in Canada provides an important and timely case where we can surface ethical issues pertaining to social (...)justice that may otherwise remain unarticulated in the context of this program. This analysis focuses on the normative issues raised by the prioritization of a school-based program for girls only. It also examines the relevant domains of well-being identified in Powers and Faden’s theory to see whether the program is likely to enhance the well-being of those for whom it is most important. Finally, the role of vaccines in general in promoting well-being is discussed. (shrink)
Justice and Christian Ethics is a study in the meaning and foundations of justice in modern society. Written from a theological perspective, its focus is upon the interaction of religion and law in their common pursuit of justice. Consideration is given, first, to the historical roots of justice in the classical tradition of virtue (Aristotle and Aquinas) and in the biblical ideas of covenant and the righteousness of God. Subsequent chapters trace the relationships between justice, (...) law, and virtue in Puritanism, in Locke, and in the founding documents of the American Republic in the late eighteenth century. In his concluding section, the author develops a covenantal interpretation of justice which includes both law and virtue, both human rights and the common good. Special attention is given to the pluralistic character of modern political societies; to criteria of distributive justice; and to religious resources for the renewal and transformation of justice. (shrink)
In Global Justice: A Cosmopolitan Account Gillian Brock emphasizes the compellingness of specific institutional and policy prescriptions, clarifies the relationship between cosmopolitanism and Rawlsian internationalism, and shifts the terrain on which arguments for global justice play out. In this, Brock makes her own view and the debates themselves more interesting and of interest to a broader audience. However she also brings to the fore a difficult question: What, exactly, do we add to our understanding when we think about (...) the actions we ought to take as duties of cosmopolitan justice as opposed to requirements of basic human decency? (shrink)
Crimes against humanity are supposed to have a collective dimension with respect both to their victims and their perpetrators. According to the orthodox view, these crimes can be committed by individuals against individuals, but only in the context of a widespread or systematic attack against the group to which the victims belong. In this paper I offer a new conception of crimes against humanity and a new justification for their international prosecution. This conception has important implications as to (...) which crimes can be justifiably prosecuted and punished by the international community. I contend that the scope of the area of international criminal justice that deals with basic human rights violations should be wider than is currently acknowledged, in that it should include some individual violations of human rights, rather than only violations that have a collective dimension. (shrink)
In recent years the efforts to hold the perpetrators of mass atrocities accountable have become increasingly normalized, and building capacity in this area has become central to the strategies of numerous advocacy groups, international organizations, and governments engaged in rebuilding and reconstructing states. The indictment of sitting heads of state and rebel leaders engaged in ongoing conflicts, however, has been more exceptional than normal, but is nonetheless radically altering how we think about, debate, and practice justice. While a principled (...) commitment continues to underpin advocacy for justice, several court documents and high-profile reports by leading advocacy organizations stress the capacity of international justice to deliver peace, the rule of law, and stability to transitional states. Such an approach presents a stark contrast to rationales for prosecution that claim that there is a moral obligation or a legal duty to prosecute the perpetrators of genocide, crimes against humanity, and war crimes. Instead, recent arguments have emphasized the instrumental purposes of justice, essentially recasting justice as a tool of peacebuilding and encouraging proponents and critics alike to evaluate justice on the basis of its effects. Rationales that stress the results that international justice can help deliver have raised the expectations of proponents and skeptics alike and also encouraged further empirical study of the effects of justice. While these studies may not produce a consensus, they offer the prospect that justice strategies can be adapted based on careful research to be more effective. A focus on pragmatism does not mean abandoning the principled commitment to international justice, but it may mean deferring justice until conflict is resolved. (shrink)
Education is interpreted as something basic to our humanity. As part of our primordial way of being human, education is intrinsic to the understanding’s functioning. At the same time education involves an originary ethical relation to the other, unsettling the self-directed character of the striving to live. And because of its social setting, the call of many others, education orients one to the social, to the call of justice.
Through its adoption of the biomedical model of disease which promotes medical individualism and its reliance on the individual-based anthropology, mainstream bioethics has predominantly focused on respect for autonomy in the clinical setting and respect for person in the research site, emphasizing self-determination and freedom of choice. However, the emphasis on the individual has often led to moral vacuum, exaggeration of human agency, and a thin (liberal?) conception of justice. Applied to resource-poor countries and communities within developed countries, autonomy-based (...) bioethics fails to address the root causes of diseases and public health crises with which individuals or communities are confronted. A sociological explanation of disease causation is needed to broaden principles of biomedical ethics and provides a renewed understanding of disease, freedom, medical practice, patient-physician relationship, risk and benefit of research and treatment, research priorities, and health policy. (shrink)
The institutional theory of property is that view that property rights are entirely and essentially conventional and are the creatures of states and coercively backed legal systems. In this paper, I argue that, although states and legal systems have a valuable role in deﬁning property rights, the institutional story is not the whole story. Rather, the property rights hat we have reason to recognize as part of justice are partly conventional in character and partly rooted in universal human interests (...) and dispositions. (shrink)
In a footnote to the first edition of Political Liberalism, John Rawls introduced an example of how public reason could deal with controversial issues. He intended this example to show that his system of political liberalism could deal with such problems by considering only political values, without the introduction of comprehensive moral doctrines. Unfortunately, Rawls chose “the troubled question of abortion” as the issue that would illustrate this. In the case of abortion, Rawls argued, “the equality of women as equal (...) citizens” overrides both “the ordered reproduction of political society over time” and also “the due respect for human life”. It seems fair to say that this was not the best choice of example, and also that Rawls did not argue for his example particularly well: a whole subset of the Rawlsian literature concerns this question alone. Rawls went on to clarify his views on abortion and public reason, but he continued to maintain that a society’s policy on abortion could be decided without introducing comprehensive moral doctrines concerning the moral status of the fetus. The three aims of this paper are to argue: (i) that a society cannot legitimately decide on its abortion policy using purely political values; (ii) that Rawls’ stances on abortion in his two major works are incompatible; and (iii) that neither of Rawls’ conceptions of justice could permit abortion. (shrink)
The view that social justice takes priority over both global justice and the demands of sub-groups faces two critics. Particularist critics ask why societies should have fundamental significance compared with other groups as far as justice is concerned. Cosmopolitan critics ask why any social unit short of humanity as a whole should have fundamental significance as far as justice is concerned. One way of trying to answer these critics is to show that members of societies (...) have special obligations to one another. This paper considers voluntarist and liberal nationalist accounts of such special obligations. It is especially concerned with developing a strong, sympathetic case for the less familiar nationalist position. Nonetheless, in each case the best arguments against the cosmopolitan critic require important concessions to the particularist critic. This suggests that there is a general problem with defending social justice against both critics at the same time. (shrink)
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. (shrink)
Justice and Health Care: Selected Essays collects, in a systematic but non-chronological fashion, ten of Buchanan’s most significant essays on justice and health care, written over a period of almost three decades. As the Obama administration continues to struggle to implement much-needed comprehensive health care reform in the hopes of controlling rising health care costs and extending affordable health care to over 46 million uninsured Americans , there could hardly be a more appropriate time to read Buchanan’s selected (...) essays ... (shrink)
Some Romanian feminist scholars argue that welfare policies of post-communist states are deeply unjust to women and preclude them from reaching economic autonomy. The upshot of this argument is that liberal economic policy would advance feminist goals better than the welfare state. How should we read this dissonance between Western and some Eastern feminist scholarship concerning distributive justice? I identify the problem of dependency at the core of a possible debate about feminism and welfare. Worries about how decades of (...) communism have shaped citizenry feed feminists' suspicion of the welfare state and fears of paternalist policies. I criticize the arguments in favour of neoliberal policies and I suggest a crucial distinction between legitimate, universal forms of human dependency and dependencies that result from particular social arrangements. (shrink)
The most substantial source for thinking about forgiveness is Christian ethics. Some Christians offer forgiveness even for atrocities in the absence of repentance and reparations. The paper critically examines Christian idealism about forgiveness, while looking beyond Christianity toward a humanistic approach that acknowledges the tragic conflict between forgiveness and justice. Christian forgiveness is part of a radical revaluation of values regarding the goods of this world, personal identity, and temporality. Humanistic approaches, as found in Kant and the Greeks, do (...) not embrace this radical revaluation of values. But it remains useful to consider the benefits of forgiveness, even for those who are not willing to commit to such a radical revaluation. (shrink)
This paper reflects on a critique of cosmopolitanism mounted by Tom Campbell, who argues that cosmopolitans place undue stress on the issue of global justice. Campbell argues that aid for the impoverished needy in the third world, for example, should be given on the Principle of Humanity rather than on the Principle of Justice. This line of thought is also pursued by ?Liberal Nationalists? like Yael Tamir and David Miller. Thomas Nagel makes a similar distinction and questions (...) whether the ideal of justice can even be meaningfully applied on a global scale. The paper explores whether the distinction between the Principle of Humanity and the Principle of Justice might be a false dichotomy in that both principles could be involved in humanitarian assistance. It will suggest that both principles might be grounded in an ethics of caring and that the ethics of caring cannot be so sharply distinguished from the discourse of justice and of rights. As a result, the Principle of Humanity and the Principle of Justice cannot be so sharply distinguished either. It is because we care about others as human beings (Principle of Humanity) that we pursue justice for them (Principle of Justice) and the alleviation of their avoidable suffering. (shrink)
This paper explores the subject-matter of the relationship between law and humanity, filling a significant lacuna in philosophy of law in the West today. Doing so, the paper starts with recasting the traditional Chinese conflict?in particular, the conflict between legalism and Confucianism?over law in a new light of the contemporary call for stopping crimes against humanity. It then explores Habermas? insight into and illusion of law. Finally, it examines the internal relationship between law and humanity, contending that (...) law must always treat humanity as a purpose, not as a tool to other ends, functioning to build a community of humanity; while a distinction exists between justice and benevolence, law must not be inhumane. (shrink)
The question I want to answer is if and how the recognition approach, taken from the works of Axel Honneth, could be an adequate framework for addressing the problems of global justice and poverty. My thesis is that such a globalization of the recognition approach rests on the dialectic of relative and absolute elements of recognition. (1) First, I will discuss the relativism of the recognition approach, that it understands recognition as being relative to a certain society or a (...) set of institutions. The same is true for various forms of disrespect such as denigration or exclusion. The recognition approach is a form of internal reconstructive critique, which does not want to refer to absolute or ahistorical standards. (2) Second, I show that this relative understanding of recognition and disrespect rests on an absolute core of recognition, which transcends any given society. In short, this core is the possibility of undistorted self-realization, which is the main and universal element of a good life. Such an absolute core is necessary for distinguishing between justified and unjustified claims of relative recognition. It also serves as the normative benchmark for any society. (3) Finally, I will discuss the relation of these relative and absolute elements of recognition against the background of global justice. Claims of recognition can refer to this absolute core and demand that intersubjective conditions and social relations should change in order to make undistorted self-realization possible. This is the main point of reference for a recognition-based concept of global justice. (shrink)
It is widely assumed that God is either incapable of lying to humans or utterly unwilling to do so. However, there appear to be compelling reasons for God to intentionally deceive that are rooted in the traditional conception of God as an agent of salvation for humanity. A terroristic threat like eternal damnation ("hell") illustrates these reasons. God's love for human beings as wayward members of a divine family in concert with the obvious moral and cognitive limitations many humans (...) suffer provide sufficient reason for God to deploy (or allow uncorrected) the threat of eternal damnation. A proper understanding of justice supports the contention that eternal damnation is contrary to justice, and therefore divinely inspired threats of eternal damnation are deceitful. (shrink)
In this paper I argue that we can learn much about wild justice and the evolutionary origins of social morality – behaving fairly – by studying social play behavior in group-living animals, and that interdisciplinary cooperation will help immensely. In our efforts to learn more about the evolution of morality we need to broaden our comparative research to include animals other than non-human primates. If one is a good Darwinian, it is premature to claim that only humans can be (...) empathic and moral beings. By asking the question What is it like to be another animal? we can discover rules of engagement that guide animals in their social encounters. When I study dogs, for example, I try to be a dogocentrist and practice dogomorphism. My major arguments center on the following big questions: Can animals be moral beings or do they merely act as if they are? What are the evolutionary roots of cooperation, fairness, trust, forgiveness, and morality? What do animals do when they engage in social play? How do animals negotiate agreements to cooperate, to forgive, to behave fairly, to develop trust? Can animals forgive? Why cooperate and play fairly? Why did play evolve as it has? Does being fair mean being more fit – do individual variations in play influence an individual''s reproductive fitness, are more virtuous individuals more fit than less virtuous individuals? What is the taxonomic distribution of cognitive skills and emotional capacities necessary for individuals to be able to behave fairly, to empathize, to behave morally? Can we use information about moral behavior in animals to help us understand ourselves? I conclude that there is strong selection for cooperative fair play in which individuals establish and maintain a social contract to play because there are mutual benefits when individuals adopt this strategy and group stability may be also be fostered. Numerous mechanisms have evolved to facilitate the initiation and maintenance of social play to keep others engaged, so that agreeing to play fairly and the resulting benefits of doing so can be readily achieved. I also claim that the ability to make accurate predictions about what an individual is likely to do in a given social situation is a useful litmus test for explaining what might be happening in an individual''s brain during social encounters, and that intentional or representational explanations are often important for making these predictions. (shrink)
Carol Gilligan has identified two orientations to moral understanding; the dominant justice orientation and the under-valued care orientation. Based on her discernment of a voice of care, Gilligan challenges the adequacy of a deontological liberal framework for moral development and moral theory. This paper examines how the orientations of justice and care are played out in medical ethical theory. Specifically, I question whether the medical moral domain is adequately described by the norms of impartiality, universality, and (...) equality that characterize the liberal ideal. My analysis of justice-oriented medical ethics, focuses on the libertarian theory of H.T. Engelhardt and the contractarian theory of R.M. Veatch. I suggest that in the work of E.D. Pellegrino and D.C. Thomasma we find not only a more authentic representation of medical morality but also a project that is compatible with the care orientation's emphasis on human need and responsiveness to particular others. (shrink)
We present three rights-based approaches to research and policies on gender justice and equity in the context of climate change adaptation. After a short introduction, we describe the dominant discourse that frames climate change and provide an overview of the literature that has depicted women both as vulnerable victims of climatic change and as active agents in adaptive responses. Discussion follows on the shift from gendered impacts to gendered adaptive capacities and embodied experiences, highlighting the continuing impact of social (...) biases and institutional practices that shape unequal access to and control over household and community decision-making processes undermining timely, fair, and successful adaptive responses. Assessment of rights-based frameworks considers the space they provide in addressing persistent gender and other inequalities, at different political and operational scales. We argue that a human security framework is useful to fill the gap in current gender and climate justice work, particularly when implemented through the entry point of adaptive social protection. Gender justice in climate change adaptation is an obligation for transformational social change, not just rights. The time is ripe to replace narrow-minded vulnerability studies with a contextualized understanding of our mutual fragility and a commitment to enhanced livelihood resilience, worldwide. (shrink)
Steering a middle course between cosmopolitanism and a narrow nationalism, the book develops an original theory of global justice that also addresses controversial topics such as immigration and reparations for historic wrongdoing.
Marx's thought about justice is essentialist and dialectical. It has been interpreted in terms of immoralism. It is rather a synthesis of the traditional natural law, based on the Aristotelian concept of nature as the potential for perfection or ideal fulfilment, radically different from the Hobbesian reductionist concept of nature as atomistic and mechanical; of the tradition of dialectics in its German idealist form; and of Feuerbach's humanism. Marx's explicitly realist idea of science reveals 'veiled wage-slavery'. Concentration on the (...) market exchange, to the exclusion of the subsequent exploitative use of labour power, deceives exclusively analytic observers into the belief that there is some justice in capitalism. Marx characterized the proletariat as the 'universal class', capable of bringing about the fulfilment of the human essence in a family-style mode of production , because it is the victim of total injustice . However, he criticized workers for not rising above such bourgeois selfishness as demanding 'a fair wage', which is not even a coherent concept. Capitalism is not only a moral injustice, but an ontological injustice, a violation of the worker's humanity. It is coercion into alienation, fetishism and idolatry. (shrink)
There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of (...) particular justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)
The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.
For Emmanuel Levinas objectivity is intersubjectively constituted. But this intersubjectivity is not, as in Merleau-Ponty, the intercorporeality of perceivers nor, as in Heidegger, the active correlation of practical agents. It has an ethical structure; it is the presence, to each cognitive subject, of others who contest and judge him. But does not the exposure of each cognitive subject to the wants and needs of others result in the constitution of a common practical field, which is not yet the objective world (...) of scientific cognition? For Levinas, the constitution of a world common to all is governed by the practice of justice. Justice begins when above the elf and the other there intervenes a third party, who contests and judges both. But whether this third party is a representative of humanity, or a figure of God, would not his justice be but the name of a higher egoism? (shrink)
Introduction: The sanctity of life and its discontents -- Our morality : selfish genes and cultural clout -- The Judeo-Christian idea : transcending our selfish genes -- The Judeo-Christian idea against genocide -- The Judeo-Christian idea against slavery -- Falling backwards : the abandonment of the Judeo-Christian idea and the return of genocide and slavery -- The rising : the Judeo-Christian idea in the post-war world -- The myth of biblical immorality -- The myth ofJudeo-Christian atrocities -- The myth of (...) enlightenment perfection -- Conclusion: Hubris and humility. (shrink)
What happened in New York City on September 11, 2001, creates an urgent need for a turn to practical reason, to ethics, to critique, and to a radical,transformative theory and praxis. Contemplation, speculation, pure theory, and contemplative metaphysics in philosophy, while necessary and valuable, are notsufficient in dealing with such an infamous crime against humanity. The central idea running through this paper and much of my work is that there is an essentiallink between rationality and radicalism. The aim of (...) this paper is to explore this link in an argument sketched in three parts: self-appropriation as the pearl of great price in philosophy; a critical theory of society; and a metaphysics and philosophy of religion that are both contemplative and political — a threefold radicality, if you like. This argument seeks to show negatively how the postmodern critique of rationality misfires, and positively how a post-imperial phenomenology, critical theory, and metaphysics/philosophy of religion can do justice to and recognize difference and the otherness of nature, other human beings (especially the exploited and marginalized), being itself, and God.Because in Vietnam the vision of a burning Babeis multiplied, multiplied, the flesh on firenot Christ’s, as Southwell saw it, prefiguringthe Passion upon the Eve of Christmas,but wholly human and repeated, repeated,infant after infant, their names forgotten,their sex unknown in the ashesset alight, flaming but not vanishingnot vanishing as his vision but lingering,cinders upon the earth or living onmoaning and stinking in hospitals three abed;because of this my strong sight,my clear caressive sight, my poet’s sight I was giventhat it might stir me to songis blurredWhy do men then not wreck his rod?Generations have trod, have trod, have trodAnd all is seared with trade, bleared, smeared with toilAnd wears man’s smudge and shares man’s smell, the soilIs bare now, nor can foot feel, being. (shrink)
Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts as a (...) reasonable burden for any of the available agents to secure subsistence. No justifiable principle exists implying generalised perfect duties any agent could clearly follow or clearly breach that secure subsistence conditions for others. At best we can justify rescue duties under very specific conditions, or general but imperfect duties to improve arrangements. Neither of these obviously correlates with human rights standards. Attempts in the literature to overcome the dilemma by claiming basic rights can correlate with imperfect duties or can generate duties to work towards institutions that ‘perfect’ our imperfect duties, are faulty. I then show how the dilemma can be avoided by accounts of human rights focusing on minimum respectful treatment rather than goods or interests. (shrink)
Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the (...) backbone of a conception of legitimacy that mediates between idealistic (or moralistic) and realistic (or pragmatic) desiderata of political theory, i.e. between the aspiration to peace and the aspiration to justice. In other words, this paper considers whether an account of compromise could feature in a viable realistic conception of political legitimacy, in much the same way in which consensus features in more idealistic conceptions of legitimacy (a move that may be attributed to some realist theorists, especially Bernard Williams). My conclusions, however, are largely sceptical: I argue that grounding legitimacy in any kind of normatively salient agreement does require the trappings of idealistic political philosophy, for better or – in my view – worse. (shrink)
John Rawls (1921-2002) was one of the 20th century's most important philosophers and continues to be among the most widely discussed of contemporary thinkers. His work, particularly A Theory of Justice, is integral to discussions of social and international justice, democracy, liberalism, welfare economics, and constitutional law, in departments of philosophy, politics, economics, law, public policy, and others. Samuel Freeman is one of Rawls's foremost interpreters. This volume contains nine of his essays on Rawls and Rawlsian justice, (...) two of which are previously unpublished. Freeman places Rawls within historical context in the social contract tradition, addresses criticisms of his positions, and discusses the implications of his views on issues of distributive justice, liberalism and democracy, international justice, and other subjects. This collection will be useful to the wide range of scholars interested in Rawls and theories of justice. (shrink)
Michael Walzer has argued that `distributive justice presupposes a bounded world', but what counts as a relevant boundary? The article criticizes two arguments holding that boundaries should not count at all: a negative argument that there is no relevant difference between human relationships within and across state borders and a positive argument that principles of justice must, as a matter of logic, be universal in scope. It then examines three rival accounts of the bounded scope of distributive (...) class='Hi'>justice: the cooperative practice view, the political coercion view, and the common identity view. Although each has plausible arguments to support it, none turns out to give necessary and sufficient conditions for principles of distributive justice to apply. Importantly, however, the idea of social justice has emerged within political units (nation-states) that to a large extent combine the three features in question. To the extent that this overlap breaks down, we will need to develop new theories of transnational justice. (shrink)
Towards Justice and Virtue challenges the rivalry between those who advocate only abstract, universal principles of justice and those who commend only the particularities of virtuous lives. Onora O'Neill traces this impasse to defects in underlying conceptions of reasoning about action. She proposes and vindicates a modest account of ethical reasoning and a reasoned way of answering the question 'who counts?', then uses these to construct linked accounts of principles by which we can move towards just institutions and (...) virtuous lives. (shrink)
This chapter identifies three contrasts between responsibility-sensitive justice and desert-sensitive justice. First, while responsibility may be appraised on prudential or moral grounds, it is argued that desert is necessarily moral. As moral appraisal is much more plausible, responsibility-sensitive justice is only attractive in one of its two formulations. Second, strict responsibility sensitivity does not compensate for all forms of bad brute luck, and forms of responsibility-sensitive justice like luck egalitarianism that provide such compensation do so by (...) appealing to independent moral concerns such as equality. Desert-sensitive justice can deliver the appropriate compensation without relying on external moral resources. Finally, while responsibility-sensitive justice harshly refuses to provide for those whose basic needs are unsatisfied due to their own negligent actions, this result can be averted by desert-sensitive justice as it can take into account responsibility-independent considerations. In sum, desert-sensitive justice appears to offer a tighter fit with considered judgments about justice. (shrink)
Abstract Benefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation. Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop (...) commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century. (shrink)
This comprehensive study of Aristotle's Politics argues that nature, justice, and rights are central to Aristotle's political thought. Miller challenges the widely held view that the concept of rights is alien to Aristotle's thought, and presents evidence for talk of rights in Aristotle's writings. He argues further that Aristotle's theory of justice supports claims of individual rights that are political and based in nature.
Since the end of the Cold War, there has been increasing interest in the global dimensions of a host of public policy issues - issues involving war and peace, terrorism, international law, regulation of commerce, environmental protection, and disparities of wealth, income, and access to medical care. Especially pressing is the question of whether it is possible to formulate principles of justice that are valid not merely within a single society but across national borders. The thirteen essays in this (...) volume explore a range of issues that are central to contemporary discussions of global politics. Written by prominent philosophers, political scientists, economists, and legal theorists, they offer valuable contributions to current debates over the nature of justice and its implications for the development of international law and international institutions. (shrink)
Devin Stauffer demonstrates the complex unity of Plato's Gorgias, through a careful analysis of the dialogue's three main sections, including Socrates' famous argumentative duel with Callicles, a passionate critic of justice and philosophy. He reveals how the seemingly disparate themes of rhetoric, justice, and the philosophic life are woven together into a coherent whole. Stauffer's interpretation of the Gorgias sheds new light on Plato's thought, indicating that Plato and Socrates had a more favorable view of rhetoric than is (...) supposed, and challenges some of Socrates' most famous claims about justice. (shrink)
Global climate change has very significant implications for the theory and practice of global justice. Climate change, whether generated by natural processes or human activities, generates uneven distribution of negative and net impacts across individuals, groups, and countries. Sources of climate change due to human activities, and also capacity to respond to climate change, are similarly unevenly distributed. Distributions of sources, impacts, and capacity are likely quite different from one another. In this context, justice concerns who should bear (...) the final real burden of climate change and of actions to mitigate, halt, and reverse climate change. This final real burden is interdependent with global poverty. (shrink)
This article examines the extent to which Brian Barry?s contractarian political theory ? justice as impartiality ? is able to incorporate the interests of animals. Despite the initial optimism that Barry might provide a theory of justice that can provide substantial protection for the interests of animals, it is clear that he offers relatively little. Insofar as animals can be protected within justice as impartiality, they are not being protected as a result of their intrinsic value, but (...) merely as one, non-vital, human set of beliefs included within a conception of the good. As a result, those concerned about the well-being of animals need either to go beyond contractarianism, and look for alternative theories of justice that are more amenable to the inclusion of animals, or to examine the degree to which direct duties can be owed to animals within a moral realm independently of justice. (shrink)
Despite its common use in both literature and popular discourse, the concept of “poetic justice” in which a wrong-doer is harmed by his own crimes has been completely ignored by both literary and philosophical scholars. We can learn more about it by comparing its charms to those of its more popular cousin, revenge. Each can assuage our resentment at the wrong-doer’s contempt of human suffering, promises to teach a moral lesson, and can borrow some moral justification from the golden (...) rule. Their satisfactions are often deceptive, but it behooves us to understand the attractions of each. (shrink)
This text is an integrated and comprehensive account of theories of justice and judgement in contemporary political and moral philosophy. It offers a critical examination of judgement and normative validity in the recent works of Rawls, Habermas, Ackerman, Michaleman, and Dworkin. Ferrara demonstrates how the understanding of justice and normative validity, since the linguistic turn in philosophy, is defined in terms of reflective judgement. This demonstration comprises of an historical overview of the judgement model in contemporary political philosophy (...) that focuses on Rawls on ` justice as fairness' and Habermas on the discourse theory of law and the public sphere. The discussion then examines situated judgement; the work of Ackerman on the function of the constitution; and Michaelman on deliberative democracy. Justice and Judgement concludes with an exhaustive and exacting discussion of universalism and contemporary liberalism; and the judgement view of justice. The key themes of this examination are the good; equal respect; and reflexive judgement. (shrink)
Historically the primary role of the Institutional Review Board (IRB) has been "to assure, both in advance and by periodic review, that appropriate steps are taken to protect the rights and welfare of humans participating as subjects in research" (U.S. FDA, 1996). However, there is much to suggest that IRBs have been unable to fulfil this mandate, particularly in regard to the matter of informed consent. Part of the problem in this regard is that the competing interests of other stakeholders (...) often undermine the IRB's capacity to serve the best interests of research subjects. This paper proposes an alternative view of the role of the IRB. It begins by treating the interests of other stakeholders as legitimate matters of concern for IRBs. Hence the process established to review and monitor human research should be treated as an exercise in social justice in which the interests of all legitimate stakeholders must be represented and considered. A variation of Rawls' (1971) heuristic "the veil of ignorance" is employed to explore the dynamic relationship between knowledge and interests that ensues when the role of the IRB is characterized in this manner. Inadequacies in the informed consent process are taken as illustrative of the inability of IRBs as they are presently construed to attend to the interests of research subjects. The major normative implication of the analysis offered here is that the role of the IRB must be expanded to include the granting of a provisional proxy consent on behalf of prospective research subjects. This provision is necessary, it is argued, if the interests of research subjects are to be fairly assessed by IRBs as a matter of social justice. It is necessary as well to ensure that an adequate standard of informed consent is attained. Somewhat paradoxically it is argued competing sets of interests the IRB must serve, rather than as the primary concern of the IRB. (shrink)