This article contextualises current debates over human rights and transnational corporations. More specifically, we begin by first providing the background to John Ruggie's appointment as 'Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises'. Second, we provide a brief discussion of the rise of transnational corporations, and of their growing importance in terms of global governance. Third, we introduce the notion of human rights, and note some difficulties associated therewith. Fourth, we (...) refer to Ruggie's scholarly work on 'embedded liberalism', the 'global public domain' and 'social constructivism'. Following this, we refer to the other five papers contained in this "Journal of Business Ethics" special issue, 'Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights', and consider some of the potential obstacles to Ruggie's recent suggestion that a 'new consensus' has formed, or is forming, around his 'Protect, Respect and Remedy' framework. We conclude by raising questions regarding the processes of consensus-building around, and the operationalisation of, Ruggie's 'Protect, Respect and Remedy' framework. (shrink)

G. A. Cohen’s critique of standard liberal interpretations of the difference principle has been very influential. According to Cohen, justice is not realized simply because the state’s tax policies and other distributive tools maximize the position of the worst off. Rather – possibly in addition to, but not to the exclusion of, certain state policies – justice requires talented people to improve the position of the worst off through their actions in their daily lives. Specifically, it prohibits talented people from (...) insisting on inequality-causing incentives. To this extent, Cohen’s view of distributive justice is anti-statist. On standard liberal interpretations, human rights are such that, logically, they can be violated only by states, not private individuals. An individual who tortures someone commits a moral wrong but does not violate the victim’s human rights. For this reason, the crime is less problematic than it would have been had a police officer done it on behalf of the state. To this extent the standard liberal understanding of human rights is statist. This parallel between liberal understandings of distributive justice and human rights raises two questions: Is the statist understanding of human rights vulnerable to Cohenian criticisms parallel to those that he canvasses against the statist understanding of distributive justice? If so, should we welcome an anti-statist understanding of human rights, or should we see it as a problem with Cohen’s critique of a statist focus in distributive justice that it commits us to an implausible anti-statist view of human rights? (shrink)

This article addresses the complex reflections regarding gender relations expressed by women active in the contemporary Islamic revival movements in Europe (especially France and Germany). Much recent research conducted among these groups aims to counter the rather negative accounts prevailing in public discourses on gender and Islam. This literature notably argues that women's conscious turn to Islam is not necessarily a reaffirmation of male domination, but that it constitutes a possibility for agency and empowerment. However, when faced with certain ‘traditionalist’ (...) positions defended by these women, even this well-meaning literature seems precarious, left in a state of uncertainty. Taking this puzzlement as a point of departure, this contribution aims to think about the dilemmas involved in articulating a language for women's dignity and self-realization, which competes with dominant languages of equality, individual rights and autonomy. This project is rendered even more intricate by the fact that these pious Muslim women socialized in Europe have also been partly fashioned by the liberal discourses against which they want to position themselves. (shrink)

What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues foundational to such (...) a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as “emergent” goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, and how can environmental human rights be included in justice distributions? (shrink)

I argue that animals have rights in the sense of having valid claims, which might turn out to be actual rights as society advances and new scientific-technological developments facilitate finding alternative ways of satisfying our vital interests without using animals. Animals have a right to life, to liberty in the sense of freedom of movement and communication, to subsistence, to relief from suffering, and to security against attacks on their physical existence. Animals’ interest in living, freedom, subsistence, and security are (...) of vital importance to them, and they do not belong to us; they are not the things we have already possessed by virtue of our own nature. (shrink)

This essay discusses how international political theory can become more receptive towards Islamism. The central claim is that Islamism can be interpreted as a form of communitarianism. To underpin this claim, the study relies on an analysis of how the concepts of community and person are conceived in communitarianism and Islamism. On the basis of the affinities of these conceptions between Islamism and communitarianism the essay shows that Islamism can be interpreted as a form of communitarianism. The study then concludes (...) that understanding Islamism as communitarianism produces a common space for public reasoning which would deserve more consideration from political theorists. Secondly Islamism as communitarianism reassesses the possibility of a political theory engagement with Islamist theory that can benefit the recognition of human rights norms in circumstances in which Islamism is particularly influential. (shrink)

Discuto aqui duas diferentes interpretações acerca do que seria uma teoria do direito natural (ou jusnaturalismo). A primeira interpretação se caracteriza pela tese da “inseparabilidade” do direito e da moral, ao passo que a segunda se caracteriza pela tese segundo a qual existiriam “leis naturais”, i.e. leis cuja existência independeria da existência de instituições humanas. Tento mostrar que as duas teses são falsas. Procuro mostrar inicialmente que a confusão entre as duas teses se deve a uma má compreensão da distinção (...) entre frases do tipo “estar obrigado a”, e “ter a obrigação de”. Em seguida, mostro como a teoria moral contratualista nos permite resolver de modo satisfatório algumas questões que não são resolvidas adequadamente em nenhuma das duas versões do jusnaturalismo que apresento. (shrink)

Background Best interests is a ubiquitous principle in medical policy and practice, informing the treatment of both children and adults. Yet theory underlying the concept of best interests is unclear and rarely articulated. This paper examines bioethical literature for theoretical accounts of best interests to gain a better sense of the meanings and underlying philosophy that structure understandings. Methods A scoping review of was undertaken. Following a literature search, 57 sources were selected and analysed using the thematic method. Results Three (...) themes emerged. The first placed best interests within the structure of wider theory, noting relationships with consequentialism, deontology, prudential value theory, rights and political philosophy. The second mapped a typology of processes of decision-making, among which best interests was ambiguously positioned. It further indicated factors that informed best interests decision-making, primarily preferences, dignity and quality of life. The final theme considered best interests from a relational perspective. Conclusions Characterisation of best interests as strictly paternalist and consequentialist is questionable: while accounts often suggested a consequentialist basis for best interests, arguments appeared philosophically weak. Deontological accounts, found in law and Kantianism, and theories of political liberalism influenced accounts of best interests, with accounts often associating best interests with negative patient preferences (i.e. individual refusals). There was much more emphasis on negative interests than positive interests. Besides preference, factors like dignity and quality of life were held to inform best interests decisions, but generally were weakly defined. To the extent that preferences were unable to inform decision making, decisions were either made by proxy authority or by an intersubjective process of diffuse authority. Differing approaches reflect bifurcations in liberal philosophy between new liberalism and neo-liberalism. Although neither account of authority appears dominant, bias to negative interests suggests that bioethical debate tends to reflect the widespread ascendancy of neo-liberalism. This attitude was underscored by the way relational accounts converged on private familial authority. The visible connections to theory suggest that best interests is underpinned by socio-political trends that may set up frictions with practice. How practice negotiates these frictions remains a key question. (shrink)

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

Human Security may mean “the right of all people to live in freedom and dignity, free from poverty and despair and all individuals, in particular vulnerable people, are entitled to freedom from fear and freedom from want, with an equal opportunity to enjoy all their rights and fully develop their human potential” ). HS is at great risk in modern times. It may look outwardly that external wars and cause insecurity to the people; but a deeper study on the socio-economic (...) and environmental conditions of the people prove that they cause more danger and insecurity not only to the people but to the nation itself.. Human security brings together the ‘human elements’ of security, rights and development. It is mainly people centred. Millions of people are threatened by poverty, climate-related disasters, organised crime, human trafficking, health hazards and sudden economic depression and financial downturns. There are different types of HS and the threats and solutions. (shrink)