Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...) committed to the establishment of a global political authority realizing just reciprocal relations. The article is developed by introducing some key features of the permissive theory and by explaining how such an account addresses the questions of settlement, exclusion and particularity in ways that significantly improve on existing rival accounts (most prominently: acquisition theories, legitimacy-based theories and nationalist theories). (shrink)

forthcoming in Philosophy & Public Affairs [2008].

abstract Derek Parfit has argued that egalitarianism is exposed to a levelling down objection because it implies, implausibly, that a change, which consists only in the better‐off sinking to the level of the worse‐off, is in one respect better, though it is better for nobody. He claims that, in contrast, the prioritarian view that benefits to the worse‐off have greater moral weight escapes this objection. This article contends, first, that prioritarianism is equally affected by the levelling down objection as is (...) egalitarianism, but that this objection lacks force. Secondly, prioritarianism is less plausible than egalitarianism because it implies that lowering the level of equality by diffusing a quantity of welfare equally over as many recipients as possible is for the better all things considered, and that the outcome of such welfare diffusion would still be better in one respect, even if the quantity of welfare was radically reduced. (shrink)

The current statist order assumes that states have a right to make rules involving the transfer and/or extraction of natural resources within the territory. Cosmopolitan theories of global justice have questioned whether the state is justified in its control over natural resources, typically by pointing out that having resources is a matter of good luck, and this unfairness should be addressed. This paper argues that self-determination does generate a right over resources, which others should not interfere with. It does not (...) entail, however, that there is no obligation on rich countries to redistribute to poor countries. Indeed, in some rare instances, it might be necessary for a particular political community to use its resources, but the presumption is that the collectively self-determining group should have the right to decide that. (shrink)

Rising sea levels may sink entire countries. Individualistic solutions to this climate catastrophe, such as those proposed by Meisels and Risse, are inadequate on both Kantian and Lockean criteria. This article concurs with Cara Nine's recent argument that such ‘ecological refugee states’ are entitled to territorial remedies. But Nine's proposal, founded on Locke's ‘sufficiency’ proviso and Nozick's famous application of it to waterholes in the desert, is instructively incorrect. Careful consideration of the distinction between land and territory, and of the (...) structure of Proviso arguments, supports a new theory of how territorial claims can be positive‐sum — how the amount of territory can increase even as the land base remains constant or decreases. This normative conception of territory as the ratio of justice to land use provides a better foundation for a political solution to the problem of ecological refugee states and also generates deeper insight into the nature of territory itself. The article thus contributes not only to our thinking about redress for ecological refugees, but also to the burgeoning literatures on territory and on the Lockean Provisos. (shrink)

This article analyses a hitherto neglected problem at the transition from ideal to non‐ideal theory: the problem of knowledge. Ideal theories often make idealising assumptions about the availability of knowledge, for example knowledge of social scientific facts. This can lead to problems when this knowledge turns out not to be available at the non‐ideal level. Knowledge can be unavailable in a number of ways: in principle, for practical reasons, or because there are normative reasons not to use it. This can (...) make it necessary to revise ideal theories, because the principle of ‘ought implies can’ rules out certain theories, at least insofar as they are understood as action‐guiding. I discuss a number of examples and argue that there are two tendencies that will increase the relevance of this problem in the future: the availability of large amounts of sensitive data whose use is problematic from a normative point of view, and the increasing complexity of an interrelated world that makes it harder to predict the effects of institutional changes. To address these issues, philosophers need to cooperate with social scientists and philosophers of the social sciences. Normative theorising can then be understood as one step in a long process that includes thinkers from different disciplines. Ideal theory can respond to many of the charges raised against it if it is understood along these lines and if it takes the problem of knowledge and its implications seriously. (shrink)

At first blush, debt‐for‐nature swaps seem to provide win‐win solutions to the looming problems of environmental degradation and extreme poverty. So, one might naturally assume that they are morally permissible, if not obligatory. This article will argue, however, that debt‐for‐nature swaps are sometimes morally questionable, if not morally impermissible. It suggests that some criticisms of traditional (economic) conditions placed on loans to poor countries also apply to the (environmental) conditionality implicit in such swaps. The article's main theoretical contribution is to (...) suggest a general argumentative strategy for posing a challenge to the moral acceptability of many seemingly innocuous, or even apparently good, policies in the real world. Its discussion of how we should respond to seemingly tragic dilemmas (e.g. between protecting nature and respecting human rights) may also be of general interest. (shrink)

Many believe that severe intellectual impairment, blindness or dying young amount to serious harm and disadvantage. It is also increasingly denied that it matters, from a moral point of view, whether something is biologically normal to humans. We show that these two claims are in serious tension. It is hard explain how, if we do not ascribe some deep moral significance to human nature or biological normality, we could distinguish severe intellectual impairment or blindness from the vast list of seemingly (...) innocent ways in which we fail to have as much wellbeing as we could, such not having super‐intelligence, or not living to 130. We consider a range of attempts to draw this intuitive normative distinction without appealing to normality. These, we argue, all fail. But this doesn't mean that we cannot draw this distinction or that we must, implausibly, conclude that biological normality does possess an inherent moral importance. We argue that, despite appearances, it is not biological normality but rather statistical normality that, although lacking any intrinsic moral significance, nevertheless makes an important moral difference in ways that explain and largely justify the intuitive distinction. (shrink)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two Australian (...) cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

All theories of the right to secede either understand the right as a remedial right only or also recognize a primary right to secede. By a right in this context is meant a general, not a special, right (one generated through promising, contract, or some special relationship). Remedial Right Only Theories assert that a group has a general right to secede if and only if it has suffered certain injustices, for which secession is the appropriate remedy of last resort.1 Different (...) Remedial Right Only Theories identify different injustices as warranting the remedy of secession. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)