: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

En este trabajo respondo una objeción a la tesis de que la teoría de Rawls debe atender problemas relacionados a la injusticia histórica. Esta objeción sostiene que dicha teoría está justificada en no considerar problemas de injusticia histórica debido a su supuesto carácter exclusivamente prospectivo. La objeción tiene dos presentaciones diferentes. Primero, como la idea de que hay razones internas a la propia teoría de Rawls que justifican dicho carácter exclusivamente prospectivo —tales como el problema de elección modelado en la (...) posición original y el hecho de que la justicia-como-equidad debe ser una concepción de justicia no-comprehensiva. Segundo, como la idea de que hay razones externas a la teoría de Rawls —en concreto, la supuesta existencia del así llamado problema de la no-identidad, que justifican el carácter exclusivamente prospectivo no sólo de los principios de justicia rawlsianos sino de cualquier otra concepción de justicia distributiva. Trataré de mostrar que esta objeción, tanto en su presentación interna como externa, es equivocada. (shrink)

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context (...) of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection. (shrink)

Globalization is being celebrated in many circles as a distinctive achievement of our age, drawing peoples and societies more closely together and creating far greater wealth than any previous generations ever knew. While the first of these assertions is correct in the sense that societies and cultures are colliding, hitherto relatively closed horizons are opening up, and spaces and time are compressing, the second deserves critical interrogations. Using Africa's experience with globalization as a case study, this article argues that globalization (...) be understood as an emerging preference for certain institutional and policy practices that are creating and coercively imposing pervasive but avoidable conditions of material deprivations on many societies. The article defends a motivational rationale anchored in the normative vision of socio-economic and development rights as a way to mitigate the deleterious effects of unguarded globalization. (shrink)

Working at the bedside and within communities as patient advocates, nurses frequently intervene to advance individuals’ health and well-being. However, the International Council of Nurses’ Code of Ethics asserts that nurses should expand beyond the individual model and also promote a rights-enabling environment where respect for human dignity is paramount. This article applies the results of an ethnographic human rights study with displaced populations in Rwanda to argue for a rights-based social advocacy role for nurses. Human rights advocacy strategies include (...) sensitization, participation, protection, good governance, and accountability. By adopting a rights-based approach to advocacy, nurses contribute to health agendas that include more just social relationships, equitable access to opportunities, and health-positive living situations for all persons. (shrink)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...) stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

It is hardly surprising that the two greatest Kantian philosophers of the twentieth century's second half would, at some point of time, reflect and comment on one of the most famous writings of the Königsberg sage, namely on Perpetual Peace: A Philosophical Sketch. Of course, in recent decades, and especially around the celebration of the 200th anniversary of its publication, many commentary articles and books have been published on Kant's little essay, but it makes a difference when Jürgen Habermas and (...) John Rawls make an effort to get to an appropriate understanding of Kant's text in the present-day world. Here I will describe some of the main features of their understanding of Kant's peace proposal. I will first briefly recall the main scheme of Kant's essay, anticipating the writings of Habermas and Rawls by employing their new vocabularies and schemes in describing Kant's position. The main purpose of my outline of Kant's essay is to investigate how much of Kant's proposal has remained alive in Habermas and Rawls. (shrink)

In Carr’s ethics, there is a link between the rise of the socialised nation and the crisis of laissez faire due to its loss of legitimacy among the lesser privileged. How far is this link in Carr’s ethics relevant today? There are two aspects to this relevance – theoretical and empirical. Theoretically, the article argues, Carr’s analysis is relevant to the statist-cosmopolitan debate on global justice. It highlights the political vacuum in which this debate operates in the absence of a (...) framework of rights and obligations under laissez faire. Consequently, statist and cosmopolitan arguments are implicit in their acceptance of the violence committed by the status quo and lack the legitimacy Carr deemed necessary for international justice in the age of the socialised nation. The article then turns to highlight the empirical relevance of this critique. Here, it argues that the resurgence of nationalism in world politics shows that the problem of legitimacy is especially pressing today. The article thus calls for the debate on global justice to engage more seriously with Carr’s analysis of the crisis of laissez faire – specifically the legitimacy problem it raises in the twenty-first century. (shrink)

In Carr’s ethics, there is a link between the rise of the socialised nation and the crisis of laissez faire due to its loss of legitimacy among the lesser privileged. How far is this link in Carr’s ethics relevant today? There are two aspects to this relevance – theoretical and empirical. Theoretically, the article argues, Carr’s analysis is relevant to the statist-cosmopolitan debate on global justice. It highlights the political vacuum in which this debate operates in the absence of a (...) framework of rights and obligations under laissez faire. Consequently, statist and cosmopolitan arguments are implicit in their acceptance of the violence committed by the status quo and lack the legitimacy Carr deemed necessary for international justice in the age of the socialised nation. The article then turns to highlight the empirical relevance of this critique. Here, it argues that the resurgence of nationalism in world politics shows that the problem of legitimacy is especially pressing today. The article thus calls for the debate on global justice to engage more seriously with Carr’s analysis of the crisis of laissez faire – specifically the legitimacy problem it raises in the twenty-first century. (shrink)

Journal of Social Philosophy, EarlyView.

The very idea of republican human rights, seems paradoxical. My aim in this article is to explore this disjunctive conjunction. One of the distinctive features of republican discourse, both in its civic humanist and neo-Roman variants, is the secondary status that rights are supposed to play in politics. Although the language of rights is not incommensurable with republican political thought, it is supposed to know its place. What can republican categories of political understanding offer for grappling with the challenges of (...) global politics? Many philosophical expressions of human rights today are Kantian or neo-Kantian in inspiration, and as a result they are plagued by the familiar difficulties raised by Kantian approaches to politics in general. In particular, the growing prominence of human rights discourse has led to withering attacks on the appeal to human rights without any effective means of enforcement. Does republicanism offer any resources for rethinking human rights, and in particular, addressing the concern with the often moralistic and depoliticizing nature of human rights talk today? What conception of human rights best promotes freedom as non-domination? Are our practices of human rights effective instruments for minimizing domination? (shrink)

In this paper the co-responsibility of the North for the development of the South, the chance of an authentic developmentand Rawls’s maximin rule are indicated as the ethical perspectives from which the financial integration of developing countries will beevaluated. It follows a brief economic analysis of possible problems of high inflows of portfolio investments for developing countries. They become more vulnerable to financial and monetary crises and their domestic banking systems are weakened by a higher risk of devaluation. This will (...) lead to an outline of the goals for reshaping the financial integration: among others limitation of capital inflows,strengthening of the domestic banking system and further development of the country’s particular economic style. Finally someregulations of external financial relations and the proposal of a cooperative monetary arrangement between the South and the Northare discussed as possible measures to improve this integration. (shrink)

We argue that the current ethical and regulatory framework for permissible risk levels in pediatric research can be helpfully understood in terms of children’s moral right to adequate protection from harm. Our analysis provides a rationale for what we propose as the highest level of permissible risk in pediatric research without the prospect of direct benefit: what we call “relatively minor” risk. We clarify the justification behind the usual standards of “minimal risk” and “a minor increase over minimal risk” and (...) explain why it is permissible to impose any risks at all on child participants who do not stand to benefit directly from enrollment in research. Finally, we illuminate some aspects of the concept of “best interests.”. (shrink)

En este artículo discuto dos tesis que Thomas Pogge deriva de su concepción institucional de los derechos humanos: la tesis de la culpa y la tesis de la violación global. La tesis de la culpa asevera que los ciudadanos que contribuyen a sostener un régimen institucional que viola derechos humanos sin realizar compensaciones en beneficio de las víctimas, se convierten ellos mismos en violadores de derechos humanos. Por su parte, la tesis de la violación global asevera que al imponer regulaciones (...) injustas que tienden a generar pobreza extrema, el régimen internacional actual viola los derechos humanos de los pobres del mundo. Mi intención será probar que ambas tesis son insostenibles ya que se basan en presupuestos errados en materia de responsabilidad. Esto no nos conducirá, sin embargo, a abandonar la concepción institucional de los derechos humanos. Por el contrario, una vez depurada de sus problemas, se trata de una concepción que puede ayudarnos a pensar adecuadamente sobre la responsabilidad por los derechos humanos en un mundo globalizado. In this paper, I discuss two theses that Thomas Pogge derives from his ins-titutional conception of human rights: the thesis of guilt and the thesis of global violation. The thesis of guilt states that citizens who contribute to support an institutional regime that violates human rights without awarding the victims any compensation become themselves human rights violators. The thesis of global violation, on the other hand, states that, by imposing unfair regulations that tend to generate extreme poverty, the current international regime violates the human rights of the world's poor. My intention is to prove that both theses are untenable because both of them are based on wrong assumptions concerning responsibility. This will not lead us, however, to leave the institutional conception of human rights. On the contrary, once debugged of its problems, it can be considered a conception that can help us to think properly about responsibility for human rights in a globalized world. (shrink)

This thesis discusses implications of framing bioethical concerns in international legal discourse. It starts from the observation that legal approaches to questions of bioethical relevance have become dominant frameworks for addressing many bioethical concerns at the international level. In particular, the UN General Assembly has long attempted to regulate human cloning processes through an international Convention. Similarly, UNESCO and the Council of Europe have both addressed a variety of bioethically relevant issues, such as the processing of human genetic data, the (...) ethics of research or organ transplantation within international legal standards. It is in the context of this strong connection between international law, international legal discourse and bioethics that this thesis seeks to analyse what exactly happens when issues of bioethical relevance are discussed within such a framework, how this affects the way bioethical issues are conceptualized, conceived of and dealt with, and, ultimately, how well-suited or successful international legal discourse is in its attempt to resolve current bioethical questions. Following the methodological approach of discourse theory, this thesis bases its analysis on the assumption that where and when international legal standards, as manifestations of an international legal discourse, serve as framework for bioethical debate that also somewhat defines how bioethically relevant issues are approached, thought of and dealt with within that framework, that it somewhat determines what methods are used to resolve such issues and that it somewhat limits the range of conceivable and viable solutions to these issue. The thesis thereby does not aim to demonise or abrogate legal approaches to bioethics and it does not understand the implications discussed in this thesis to be necessarily good or bad. To the contrary, it will be shown that legal approaches to bioethics can and have contributed to the development of the field in several important ways. Yet, this thesis also shows that it is worthwhile to closely examine implications that follow from a specific legal approach to bioethical issues as these implications are not always easily perceived. Given the important, and often dominant or near exclusive role of international law and legal discourse in the area of bioethics as well as the former's strong influence on bioethical debates as a whole, the implications of addressing questions of bioethical relevance within an international legal discourse should at least be understood and acknowledged, a contribution that this thesis aims to make. Moreover, only if these implications are understood is it possible to ask whether engaging in that type of discourse is at all a valuable enterprise and whether or not international legal standards directly addressed to questions of bioethical relevance constitute a suitable means to effectively address questions in the area of bioethics. (shrink)

We commonly attribute to states and other institutional organizations moral duties and obligations. For example, it is widely held that the state has a moral duty to protect its citizens from external threats and it is claimed that it ought to positively promote the welfare of its members. When we focus on the surface grammar of such institutional duty-claims, we see that they seem to differ from individual duty-claims only with respect to the subject of the claim. Whereas an institutional (...) duty-claim asserts that an institution has a duty to do some action a, an individual duty-claim asserts that a particular individual person has a duty to a. For example, we might claim that parents ought to protect their children, or that a particular person, Doe, ought to take better care of his child. Many scholars have argued or at least assumed that institutions are ultimately just collections of individuals, and hence institutional duty-claims can be analyzed in terms of claims about individuals' duties and obligations. Other scholars have rejected this reductive approach to institutional duty-claims as well as the individualist assumption upon which it is premised--viz., that institutions are nothing "over and above" individuals. Instead, it is argued that at least some institutional organizations are moral agents in their own right which have duties and obligations that are uniquely their own. According to this antireductive holist approach, at least some institutional duty-claims resist being analyzed into claims about individuals' duties and obligations. My aim in this dissertation is to clarify what is meant when we assert that the state has moral duties, and I do so by entering into dialogue with both the reductive individualist and antireductive holist views. In Chapter One I situate and motivate my project by reference to two well-known debates in which claims about the state's duties play an inescapably central role; viz., the debate concerning the propriety of using so-called "enhanced interrogation techniques" in the War on Terror and the debate surrounding the most recent reforms to the health care system here in the United States. Since my aim is to shed light on the meaning of and truth-makers for institutional duty-claims, I devote Chapter Two to the task of clarifying what we mean and imply when we advance duty-claims in what we may assume to be paradigmatic circumstances: namely, those circumstances in which an individual is said to have a duty to do something or another. I then frame the further investigation into the meaning and significance of institutional duty-claims as one which has the aim of revealing whether the phrase 'has a duty' has a univocal, analogous, or equivocal signification across institutional and individual contexts. In Chapter Three I take up the task of characterizing and distinguishing the relevant reductive individualist and antireductive holist viewpoints, considering both historically significant and contemporary versions of each. In Chapter Four I present and critically evaluate a rather influential argument in favor of institutional moral agency, which, if true, would vindicate the antireductive holist approach. I conclude that chapter by arguing that, contrary to the claims made by those who defend institutional agency, we are unjustified in believing that institutions possess those properties requisite for moral agency. Having set aside what I take to be a "best-case" for an antireductive holism, I turn, in Chapter Five, to the task of making plausible the reductive individualist approach. In doing so, I propose that some institutional duty-claims actually resist reduction to claims about individuals' duties and that such claims are thus better understood as claims about the extrinsic value of an institutional arrangement. (shrink)