In this paper, I argue that a well-known objection to subsistence rights developed by Onora O'Neill - namely, that such rights would generate obligations without an obligation-bearer, can be answered if we take such rights to impose an obligation on the world's population, taken collectively.

In Can We Live Together? Alain Touraine combines a consummate analysis of crucial social tensions in contemporary societies with a strong normative appeal for a new emancipatory 'Subject' capable of overcoming the twin threats of atomisation or authoritarianism. He calls for a move from 'politics to ethics' and then from ethics back to politics to enable the new Subject to make a reality out of the goals of democracy and solidarity. However, he has little to say about the nature of (...) such an ethics. This article argues that this lacuna could usefully be filled by adopting a form of radical humanism found in the work of Erich Fromm. It defies convention in the social sciences by operating from an explicit view of the 'is' and the 'ought' of common human nature, specifying reason, love and productive work as the qualities to be realised if we are to move closer to human solidarity. Although there remain significant philosophical and political differences between the two positions, particularly on the role to be played by 'the nation', their juxtaposition opens new lines of inquiry in the field of cosmopolitan ethics. (shrink)

ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This (...) is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)

Many liberals have argued that a cosmopolitan perspective on global justice follows from the basic liberal principles of justice. Yet, increasingly, it is also said that intrinsic to liberalism is a doctrine of nationalism. This raises a potential problem for the liberal defense of cosmopolitan justice as it is commonly believed that nationalism and cosmopolitanism are conflicting ideals. If this is correct, there appears to be a serious tension within liberal philosophy itself, between its cosmopolitan aspiration on the one hand, (...) and its nationalist agenda on the other. I argue, however, that this alleged conflict between liberal nationalism and cosmopolitan liberalism disappears once we get clear on the scope and goals of cosmopolitan justice and the parameters of liberal nationalism. Liberal nationalism and cosmopolitan global justice, properly understood, are mutually compatible ideals. (shrink)

Cosmopolitanism, as a moral idea, holds that individuals are the ultimate units of moral worth and are entitled to equal consideration, regardless of contingencies such as citizenship or nationality. In one common interpretation, cosmopolitan justice not only regards individuals as the basic subjects of moral concern, but it also requires distributive principles to transcend national affiliations and to apply equally to all persons of the world. As Simon Caney puts it, “persons’ entitlements should not be determined by factors such as (...) their nationality or citizenship.“. (shrink)

The history of what we now term international relations theory is as rich and as complex as any area in the history of political thought. Yet in the last few decades one particular type of political philosophy has come to be almost unambiguously associated with liberal international relations theory. The dominance of Kantian cosmopolitanism in contemporary liberal international relations theory is quite remarkable. Its position is challenged, within liberalism, only by the utilitarian cosmopolitanism of thinkers such as Peter Singer and, (...) from outside the liberal tradition, by communitarians such as Michael Walzer or Alasdair MacIntyre. At least, this is how the debate is portrayed in the current literature. In this article I want to suggest that the biggest challenge to Kantian cosmopolitanism comes from within the neo-Kantian tradition. (shrink)

This paper analyses the ‘responsibility to protect’ (RtoP) from a moral cosmopolitan perspective. It argues, first, that RtoP postulates a remedial responsibility on the part of those nations that have the means and capacity to effectively protect individuals against vulnerability and to provide for the means of human security. Second, the paper explains that human security implies access to human development, including access to social and economic rights. Finally, it argues that developed nations can discharge their remedial responsibilities towards those (...) who lack social and economic rights by adopting just immigration regimes, part of which can be based on temporary foreign labour programs that allow individuals access to the economic opportunities, thus providing them with means to establish economic security. The paper thus argues for an expansion of the interpretation of RtoP. (shrink)

A recent turn in the cognitive sciences has deepened the attention on embodied and situated dynamics for explaining different cognitive processes such as perception, emotion, and social cognition. This has fostered an extensive interest in the social and ‘intersubjective’ nature of moral behavior, especially from the perspective of enactivism. In this paper, I argue that embodied and situated perspectives, enactivism in particular, nonetheless require further improvements with regards to their analysis of the social nature of human morality. In brief, enactivist (...) proposals still do not define what features of the social-relational context, or which kind of processes within social interactions, make an evaluation or action morally relevant or distinctive from other types of social normativity. As an alternative to this proclivity, and seeking to complement the enactive perspective, I present a definition of the process of moral sense-making and offer an empirically-based ethical distinction between different domains of social knowledge in moral development. For doing so, I take insights from the constructivist tradition in moral psychology. My objective is not to radically oppose embodied and enactive alternatives but to expand the horizon of their conceptual and empirical contributions to morality research. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

John Rawls’s case for a duty of assistance is partially premised on the assumption that liberal societies have an interest in assisting burdened societies to become well-ordered: Not only are well-...

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

Is it justified to hold that an agent S has a (moral) right to P if the duty-bearer is not specified? There is an intense ongoing debate on this question. There are two positions in the literature. On the one hand, O´Neill´s much-discussed account of rights holds that it is justified to say that an agent S has a right to P if and only if the duty-bearer is sufficiently determined – i.e. if and only if it is clear against (...) whom S may claim her right to P (O’Neill 1986, 1988, 1996, 2000, 2005, 2016). Call this, the ‘claimability condition’. On the other hand, interest-based theorists argue that it can be justified to say that an agent S has a right to P even if the duty-bearer is not sufficiently determined (Caney 2007; Griffin, 2008; Raz 1988; Tasioulas 2007; see also: Etinson, 2013; Ypi 2010). Who (if anyone) is correct in this fundamental discussion about the very nature of rights? In this paper, I provide an answer to this crucial question. Neither O´Neill nor interest-based theorists provide good reasons to justify their positions. However, I argue, the claimability condition is an existence condition of rights justified on the basis of their action-guiding character. The reason is that if the duty-bearer is not specified, the content of the right (its correlative obligation) does not sufficiently guide what the agent should do because it is indeterminate who is required to act (or refrain from acting). (shrink)

In this paper, we raise two points. First, any rights‐based theory should provide a method by which to guide reasoning in addressing conflicts of rights. The reason, we argue, is that these theories must provide guidance on what should be done. Second, this method must contain two key recommendations: (1) We should try to find a deliberative mechanism through which none of the rights is simply eliminated from the scene; (2) these rights may be balanced against each other to define (...) which right should prevail, but without considering non‐rights‐interests as if they were rights in the process. These recommendations instantiate two crucial principles that underlie our common intuitions on rights, namely, the principle that rights deserve equal respect and the principle that rights should be taken seriously. (shrink)

A central focus of care ethics is on the compelling moral salience of attending to the needs of our particular others. However, there is no consensus within the care literature for how and when such partiality is morally justified. This article outlines and defends a novel justificatory argument that grounds partiality in the facts and values of the relation itself. Specifically, this article argues that partiality is justified when grounded in caring values exemplified in good caring relations. Hence, this justification (...) is termed the argument from good caring relations. This justification is promising for two reasons. First, the argument from good caring relations has the potential to spur engagement between care ethics and the broader partiality literature. In particular, the argument from good caring relations could enhance what Simon Keller has termed ‘the relationships view’. Second, the argument from good caring relations is more persuasive than the other major justificatory argument for partiality presently in the care literature: a distributive argument, which takes the form of a modified version of Robert Goodin’s assigned responsibility model of moral obligation. Indeed, where this distributive argument fails, the argument from good caring relation succeeds. This article thus concludes that the argument from good caring relations is preferable for justifying partiality in care ethics. (shrink)

Global justice or the lack thereof has internal connections with global poverty. Global justice is an ideal pursuit of cosmopolitanism, which regards basic human needs as its rightful object. The right to life, from the point of view of global justice, is the most fundamental in the list of Human Rights. International anarchy and the current international economic order, however, cast a utopian shadow on the realization of this right when we consider the de facto institutions and the ostensible goal (...) of impartial love for everyone. Humanitarian aid is another approach to the problem of contemporary global poverty. Its difficulty lies first in people’s different conceptions of obligation and donation. They consider the former as duty while the latter is seen to lie beyond the call of duty. Second, in terms of a correlation between right and duty, since everyone has the right to life, the duty falls accordingly upon organizations or individuals. Meanwhile, donation as duty is not perfect obligation, thus is not compulsory either. Finally, international humanitarian aid is constrained by nationalism and partial love. Hence, in the light of either government or individual, the humanitarian aid approach is beset with challenges. Global justice has gained academic importance worldwide since John Rawls’ later works. By contrast to domestic justice, it is a theory of justice that proposes to include all human beings. Global justice stands for a kind of utopian justice in regard to both the institutional path and the humanitarian aid approach. I shall examine the theory of global justice under these two aspects. (shrink)

Global justice or the lack thereof has internal connections with global poverty. Global justice is an ideal pursuit of cosmopolitanism, which regards basic human needs as its rightful object. The right to life, from the point of view of global justice, is the most fundamental in the list of Human Rights. International anarchy and the current international economic order, however, cast a utopian shadow on the realization of this right when we consider the de facto institutions and the ostensible goal (...) of impartial love for everyone. Humanitarian aid is another approach to the problem of contemporary global poverty. Its difficulty lies first in people’s different conceptions of obligation and donation. They consider the former as duty while the latter is seen to lie beyond the call of duty. Second, in terms of a correlation between right and duty, since everyone has the right to life, the duty falls accordingly upon organizations or individuals. Meanwhile, donation as duty is not perfect obligation, thus is not compulsory either. Finally, international humanitarian aid is constrained by nationalism and partial love. Hence, in the light of either government or individual, the humanitarian aid approach is beset with challenges. Global justice has gained academic importance worldwide since John Rawls’ later works. By contrast to domestic justice, it is a theory of justice that proposes to include all human beings. Global justice stands for a kind of utopian justice in regard to both the institutional path and the humanitarian aid approach. I shall examine the theory of global justice under these two aspects. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social contract would not (...) include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

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. (shrink)

This article assesses Richard Vernon's attempted reconciliation of compatriot preference with global justice by analyzing the iteration proviso (IP), which says that a group of people can legitimately set out to confer special advantages upon each other if others, outside that group, are free to do the same in their own case. Part I outlines how duties to outsiders are typically characterized in two leading accounts of global justice — moral universalism and associativism. The IP is motivated by Vernon's desire (...) to transcend the binary opposition between, and the limitations of, these two views. Part II sketches the version of contractualism that Vernon deploys to surmount these limitations and explains the role of the IP therein. Part III elucidates two different interpretations of the IP and shows that neither seems plausible. (shrink)

The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls The paper deals with the relation of a theory of international justice, specifically John Rawls's philosophy of the law of peoples, and a theory of global justice. In the first part, the paper outlines Rawls's main theses on the international conception of the law of peoples. The second part concerns a problem found in segments of Rawls's theory, specifically his concept of a social contract—contractualism. This problem (...) inadequately approaches the relationship between the individual and the community. The third part deals with the inconsistent points in Rawls's theory contained in part two, i.e. his principles of justice selected with the aid of social contract. In the fourth part, the paper concentrates on the consequences of these limitations for a socially distributive dimension of justice or as an approach for dealing with disproportionate global inequalities. The last part formulates the causes of the limitations of Rawls's theory of international justice and points out the need for a global justice which is socially and inter-culturally considerate. (shrink)

This article analyses the legal and ethical dimensions of the wide gap between commitments to universal human rights and the reality of their widespread and systematic abuse, particularly as related to poverty and inequality. The argument put forward is that, properly conceived, global legalism, that is, the quest to apply the rule of law across and among states and societies, and cosmopolitan ethics, both support restricting harms imposed on weak and vulnerable individuals worldwide by an unjust institutional order. Therefore, those (...) who have tended to value either a global rule of law or cosmopolitan ethics independently have good reason to pursue their requirements together. The article also considers the problem of legalism and cosmopolitanism being used by powerful agents in global politics to enhance their prerogatives and their freedoms from legal and ethical restraints. (shrink)

This article presents global ethics as critical reflection on the nature, justification and application of a global ethic. Much of the article focuses on the nature of a global ethic as the content of global ethics, e.g. whether it is thick or thin, is about universal values or transnational responsibilities, is a set of values justified by a particular thinker, values widely shared or values universally accepted. Global ethics itself as a process is also examined. In the last part the (...) Earth Charter is examined as an example of a global ethic, and a case is made for regarding it, both in respect to its content and in respect to the senses in which it is and is not a global ethic, as an appropriate subject matter for global ethics. (shrink)

The TRIPS agreement has been widely discussed. Critics have accused it to favour property rights at the cost of public health in AIDS-stricken development countries. In this article, the conflict between on the one hand Intellectual Property Rights and on the other a right to subsistence is analysed with the help of a method for specification. The rationalization of TRIPS and its amendments raises two questions for ethics, one normative and one meta-ethical. First, which right has priority: the right to (...) property or the right to subsistence? Second, how can conflicting rights be reconciled in a coherent ethical system. The aim of the article is to answer these two questions and in order to do that the method of specification developed by the philosopher Henry Richardson is applied. The result is a specified norm applicable for this kind of rights conflicts. (shrink)

In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five unique challenges involved in legalizing (...) economic and social rights. It is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to realize economic and social rights effectively. (shrink)

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

A conception of global citizenship should not be viewed as separate from, or synonymous with, the cosmopolitan moral orientation, but as a primary component of it. Global citizenship is fundamentally concerned with individual moral requirements in the global frame. Such requirements, framed here as belonging to the category of individual cosmopolitanism, offer guidelines on right action in the context of global human community. They are complementary to the principles of moral cosmopolitanism — those to be used in assessing the justice (...) of global institutions and practices — that have been emphasised by cosmopolitan political theorists. Considering principles of individual and moral cosmopolitanism together can help to provide greater clarity concerning individual duties in the absence of fully global institutions, as well as clarity on individual obligations of justice in relation to emerging and still-developing trans-state institutions. (shrink)

The facts of global poverty are staggering. Consider, for instance, how 1.5 billion people subsist below the international poverty line, which means about a quarter of the world's current population lives in poverty. There is much talk about how freer markets will help the situation of these people, in particular how it will help the worst off. So far the evidence for this claim is fairly unclear. ‘At any rate, on several accounts, alleviating the worst aspects of poverty would impose (...) fairly small costs on us in more affluent countries, yet we continue to do very little about alleviating this situation. For instance, a 1 per cent tax on world product would make enormous inroads in lifting people out of poverty. Alternatively, simply a shift in priorities could do this without any added taxes: a 1 per cent decrease in military spending in the developed world and a 10 per cent decrease in military spending in the developing world could have the same effect. (shrink)

Obligations of global justice rest mainly on the global rich but also to a lesser extent on the global poor. The governments of poor countries are obliged to fulfill requirements of non-aggression, good governance and decency, along with all other requirements which facilitate the achievement of global justice. So far, obligations of poor countries seem to be taken as given yet the behavior of governments in poor countries and occurrences therein attest to the contrary;this suggests a need to mainstream these (...) obligations in discussions about global justice. If poor countries do not live up to these requirements obstacles arise to the realization of global justice; and they act unjustly in relation to citizens of rich countries which provide them with aid. Uganda is taken as a case in point. (shrink)

Distinguishing between reasonable partiality and reasonable impartiality makes a difference in resolving the serious clashes between priority for compatriots versus cosmopolitan global duties. Defenders of a priority for compatriots have to acknowledge two strong moral constraints: states have to fulfil all their special, domestic and trans-domestic duties, and associative duties are limited by distributive constraints resulting from the moral duty to fight poverty and gross global inequalities. In the recent global context, I see four main problems for liberal-nationalist defenders of (...) priority for compatriots: (i) Reasonable particularists often forget that associative duties for compatriots compete with many sub-national and trans-domestic associative duties. (ii) They tend to forget that associative national duties compete with other, strong special (contractual, reparative) obligations regarding not only citizens and residents inside nation-states but also trans-domestic obligations across state borders. (iii) They do not properly discuss the problem of unallocated duties in addressing global poverty and insecurity. (iv) The design of supra-national and global mediating institutions, and the crafting of policies to remedy the misallocation of duties and to coordinate the required state activities is an urgent task neglected by liberal nationalists. In the recent context, reasonable partialitys bias towards partiality is most unwelcome and morally dubious. Reasonable impartialitys bias towards cosmopolitanism helps to stimulate a drastic shift in obligations and stimulates productive trans-national institutional design. (shrink)

Distinguishing between reasonable partiality and reasonable impartiality makes a difference in resolving the serious clashes between 'priority for compatriots' versus cosmopolitan global duties. Defenders of a priority for compatriots have to acknowledge two strong moral constraints: states have to fulfil all their special, domestic and trans-domestic duties, and associative duties are limited by distributive constraints resulting from the moral duty to fight poverty and gross global inequalities. In the recent global context, I see four main problems for liberal-nationalist defenders of (...) priority for compatriots: Reasonable particularists often forget that associative duties for compatriots compete with many sub-national and trans-domestic associative duties. They tend to forget that associative national duties compete with other, strong special obligations regarding not only citizens and residents inside nation-states but also trans-domestic obligations across state borders. They do not properly discuss the problem of unallocated duties in addressing global poverty and insecurity. The design of supra-national and global 'mediating' institutions, and the crafting of policies to remedy the misallocation of duties and to coordinate the required state activities is an urgent task neglected by liberal nationalists. In the recent context, reasonable partiality's bias towards partiality is most unwelcome and morally dubious. Reasonable impartiality's bias towards cosmopolitanism helps to stimulate a drastic shift in obligations and stimulates productive trans-national institutional design. (shrink)

The concept of transnationalism, despite a variety of earlier uses, has recently been used to describe the sociological phenomenon of cross-border migrants considering more than one place ‘home’. This can be in terms of identity and belonging, cultural expression, family and other social ties, visits, financial flows, organising working life in more than one nation-state or transnational political projects. In this paper I discuss the theory and practice of transnationalism to assess the practical, explanatory and normative strength of the concept. (...) I then introduce three different forms of cosmopolitan approaches and assess whether transnational migrants' practices contribute to a cosmopolitan outlook and active global citizenship. I show that the extent to which transnationalism contributes to various forms of global citizenship varies according to the different conceptualisations of transnationalism and cosmopolitanism. In conclusion I draw out the implications of these differences for the future protection of the rights of migrants. (shrink)

The word ‘cosmopolitan’, which derives from the Greek word kosmopolitês (‘citizen of the world’), has been used to describe a wide variety of important views in moral and socio political philosophy. The nebulous core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, do (or at least can) belong to a single community, and that this community should be cultivated. Different versions of cosmopolitanism envision this community in different ways, some focusing on (...) political institutions, others on moral norms or relationships, and still others focusing on shared markets or forms of cultural expression. The philosophical interest in cosmopolitanism lies in its challenge to commonly recognized attachments to fellow citizens, the local state, parochially shared cultures, and the like. (shrink)

This paper is concerned with the problem of particularistic and objective approach to morals in the debate on global justice. The former one is usually defended by the communitarian philosophy and moderate liberal nationalism that claim for moral significance of national borders. Within this approach, patriotism is a fundamental virtue. The latter approach is presented by the cosmopolitans who apply the Rawlsian justice as fairness to the world at large. They reject moral significance of national borders and claim for equal (...) rights and obligations to all human beings regardless of their origin and nationality. This approach to global justice treats patriotism as a vice. The main aim of this essay is to analyse whether the concept of patriotism and the concept of global justice necessarily come into conflict with one other. (shrink)