The complexities of how justice comes to be realized, and by which agents, is a relatively neglected element in contemporary theories of justice. This has left several crucial questions about agency and justice undertheorized, such as why some particular agents are responsible for realizing justice, how their contribution towards realizing justice should be understood, and what role agents such as activists and community leaders play in realizing justice. We aim to contribute towards a better understanding of the landscape of these (...) kinds of questions. First, we argue that theorists should distinguish between (i) agents who are responsible for realizing justice, but not committed to it, (ii) agents who are not responsible for realizing justice, but who are committed to it, and (iii) agents who are both responsible for and committed to realizing justice. Second, we discuss how to incorporate agents of justice more robustly into theorizing about justice. (shrink)

This article asks whether firms should contribute to the costs of procreation and parenthood. We explore two sets of arguments. First, we ask what the principle of fair play – central in parental justice debates – implies. We argue that if one defends a pro-sharing view, firms are required to shoulder part of the costs of procreation and parenthood. Second, we turn to the principle of fair equality of opportunity. We argue that compensating firms for costs they incur because their (...) employees decide to procreate or parent may undermine some of the incentives leading to (statistical) discrimination in the workplace. (shrink)

While different worries about population size are present in public debates, political philosophers often take population size as given. This paper is an attempt to formulate a Rawlsian liberal egalitarian approach to population size: does it make sense to speak of ‘too few’ or ‘too many’ people from the point of view of justice? It argues that, drawing on key features of liberal egalitarian theory, several clear constraints on demographic developments – to the extent that they are under our control (...) – can be formulated. Based on these claims, we can clarify both the grounds and content of our obligations to future generations. (shrink)

This chapter provides an overview of the kind of questions one has to answer to take position on the question of who owes what to future generations in the context of climate change and discusses several possible answers as well as their upsides and downsides. It first asks whether we have duties of justice to future at all, raising several challenges to the idea of including future generations under the scope of justice. Second, it asks how much we owe to (...) future people: equality, sufficiency, or just basic human rights. Even if there are theoretical reasons to embrace a more demanding account, there may be political or feasibility reasons to endorse a less demanding view. The third question is what we owe to future people: what kind of world, with what kind of goods and opportunities, do we owe to future people? Before concluding, the chapter discusses the distribution of duties to future people among contemporaries, the idea that we might have to limit the amount of future people, and possible institutional responses to challenges of intergenerational justice. (shrink)

Most of us believe that it would be unjust to act with indifference about the plight of future generations. Zipper arguments in intergenerational justice aim to show that we have duties of justice regarding future generations, regardless of whether we have duties of justice to future generations. By doing so, such arguments circumvent the foundational challenges that come with theorising duties to remote future generations, which result from the non-existence, non-identity and non-contemporaneity of future generations. I argue that zipper arguments (...) face several significant challenges. The ought-implies-can challenge points out that because prior generations determine what later generations can transfer, they determine how much they ought to transfer. In addition, both intentional and non-intentional non-compliance can break the chain of duties towards future generations on which zipper arguments rely. Some versions are surprisingly resilient especially in real-world circumstances. This paper does not show that zipper arguments inevitably fail, but all ways forward come at significant theoretical costs. Unless the challenges posed here are met (or shown as irrelevant), theorists of justice cannot side-track the foundational challenges that come with doing intergenerational justice. (shrink)

States combine the routine refusal of citizenship to migrants with policies that grant newborns of citizens (or residents) full membership of society without questions asked. This paper asks what, if anything, can justify this differential treatment of the two types of newcomers. It explores arguments for differential treatment based on the differential environmental impact, different impact on the (political) culture of the society in question and differences between the positions of the newcomers themselves. I conclude that, although some justification for (...) differential treatment exists, the case for it is weaker than one may expect and the grounds on which it can be justified are surprising and problematic. (shrink)

This article addresses the question what—if anything—we can and should expect from the practice of international criminal justice. It argues that neither retributive nor purely consequentialist, deterrence-based justifications give sufficient guidance as to what international criminal courts should aim to achieve. Instead, the legal theory of expressivism provides a more viable guide. Contrary to other expressivist views, this article argues for the importance of the trial, not just the punishment, as a form of expressivist messaging. Specifically, we emphasize the communicative (...) aspect of the judicial process. The final section, acknowledging the limited success of international criminal justice so far in terms of fulfilling its expressivist potential, diagnoses the main obstacles to, and opportunities for, expressivist messaging in the contemporary practice of international criminal justice. (shrink)