The main thesis of the article is that one’s responsibility to render assistance is not affected by having contributed to the situation by causing harm. I examine ways in which contribution to need is morally significant. Although contribution is relevant with regard to certain features, such as questions of blame, compensation, and fair distribution of the cost of assistance, I argue that contribution should carry no weight when assessing our duty to assist people in severe need if we can do (...) so at little cost. If this is true we have reason to suspect that it is redundant to know whether or not we have in fact contributed to the need of the global poor when assessing our duty to address global poverty. (shrink)

The constraint against harming people in order to save yourself and others seems stronger than the constraint against harming people as a consequence of saving yourself and others. The reduced constraint against acting in one type of case is often justified with reference to the intentions of the agent or to the fact that she does not use the people she harms as a means. In this article I offer a victim-centered account. I argue that the circumstances in which the (...) people to be harmed find themselves are significant in distinguishing morally between two instances of harming. (shrink)

A riddle in the ethics of war concerns whether lethal defensive force may be justifiably used against aggressing soldiers who are morally innocent.

In this paper I ponder the moral status of conditional threats, in particular the extent to which a threatened party would be permitted to use (lethal) defensive force. I first investigate a mugger case before turning briefly to the more complicated issue of national defence in the face of an invading army. One should not exaggerate the level of protection people under threat owe their conditioned killers simply because what is extorted is of little value. After all, either the conditional (...) threat is willing to kill for something she has no claim on at all, or, if she has a just claim on it - or good reason to believe that she has - she is willing to kill to (re)acquire something of not much worth. In both cases the moral culpability of the conditional threat could be seen as reducing her claim on protection from harm. (shrink)

In this paper I argue that mere causal contribution to harm is morally significant on two counts: a) innocent aggressors have a duty to bear additional costs to help protect their potential victims, as compared to the duty innocent bystanders are expected to bear, and correspondingly; b) it is permissible to use more force against innocent aggressors, as used in self-defense and defense of others, than innocent bystanders. The paper has two parts. First I aim to demonstrate the intuitive plausibility (...) of this proposal and what I call “the asymmetrical fair share procedure.“ According to this procedure, innocent aggressors have a duty to take on a fair share of the harm if dividing it is possible, and a fair share of the risk of being harmed if redistribution of harm is impossible. In the second part, I develop a contractual account explaining why mere contribution is morally significant. (shrink)

Do members of democratic societies have a moral right that others not actively prevent them from engaging in wrongdoing? Many political theorists think that they do. “It is a feature of democratic government,” Michael Walzer writes, “that the people have a right to act wrongly—in much the same way that they have a right to act stupidly”. Of course, advocates of a democratic right to do wrong may believe that the scope of this right is limited. A majority in a (...) democratic society, for example, may not have a moral right against being prevented from enslaving or arbitrarily disenfranchising a minority, or if it were to launch a wrongful aggressive war against another society. But many join Walzer in asserting that it would be wrong in principle to intervene to prevent some wrongs that democratic societies would inflict. This thesis, which we call the democratic right to do wrong thesis (DRTDWT), can be formulated as follows: DRTDWT – For democratic societies A and agents B, there is a class of wrongful policies and institutions X, such that if A chooses to implement members of this class pursuant to democratic procedures, B has a duty not to actively intervene to prevent the implementation of X. Our goal in this essay is to show that the DRTDWT should be rejected. (shrink)

I explain the asymmetry between innocent aggressors and their victims, and attempt to separate justified and unjustified defensive force when both parties are innocent. I propose the principle of initiating behaviour, which states that: ‘In order for one person to be justified in using defensive force the other party must initiate the apparently threatening behaviour, but the defendant’s interpretation of that behaviour, as being threatening, would have to be reasonable.’ We can thereby maintain the view that there is a significant (...) relation between an act being justified and which party ought eventually to be given priority in a conflict situation. If we know that an act is justified, we know that we have to give preference to its agent when there is a choice between imposing equal harm on him or her and his or her victim. (shrink)

In this article we investigate whether non-culpably benefiting from wrongdoing or injustice generates a moral requirement to disgorge these benefits in order to compensate the victims. We argue that a strong requirement to disgorge such benefits is generated only if other conditions or factors are present. We identify three such factors and claim that their presence would explain why the normative features of certain types of cases of benefiting from wrongdoing differ from cases of benefiting from simple misfortune or bad (...) luck. (shrink)

: When suggesting that we—the affluent in the developed world—are legitimate targets of defensive force due to our contribution to global poverty one is likely to be countered by one of two strategies. The first denies that we contribute to global poverty. The second seems to affirm that we contribute, and even that we have stringent contribution-based duties to address this poverty, but denies that such contribution makes forcible resistance permissible. Those in this second group employ several argumentative strategies. In (...) this paper I investigate these strategies for denying the force-related implication of contribution to poverty. I do not argue for political violence or for the permissibility of targeting the affluent, I merely investigate a conditional: if contribution to global poverty generates stringent duties to address it, then this contribution implies permission on the part of the victims to defend themselves with force, or for third parties to use force on their behalf. (shrink)

Suppose two people are about to drown. We are in a position to save only one, so the other will have to die. One of the two has just culpably killed an innocent person, but has no intention of killing anybody else and there is no reason to expect that he will. Everything else being equal, should we give them an equal chance of being saved by flipping a coin? In this paper I argue that we should not. I argue (...) that the implications of a person's moral culpability for (recent or prospective) harm to a particular victim should transfer to other conflict situations in which the wrongdoer might find him or herself. This requires establishing the extent to which a person's contributing to harming another person — and his moral culpability for that harm — impinges on our decision making in situations where it is possible only to assist either the wrongdoer or some other person that is not his victim. (shrink)

Two conditions guiding permissible use of force in self-defence are proportionality and success. According to the proportionality condition the means used to prevent an attack can be permissible only if they are proportional to the interest at stake.1 According to the success condition, otherwise impermissible acts can be justified under the right to self-defence only if they are likely to succeed in preventing the perceived threat.2 These requirements should not always be interpreted narrowly. Sometimes people are permitted to kill culpable (...) aggressors in order to avoid a non-lethal harm. Sometimes people are permitted to take up arms to defend themselves against culpable aggressors they have little or no hope of .. (shrink)

Many assert that affluent countries have contributed in the past to poverty in developing countries through wars of aggression and conquest, colonialism and its legacies, the imposition of puppet leaders, and support for brutal dictators and venal elites. Thomas Pogge has recently argued that there is an additional and, arguably, even more consequential way in which the affluent continue to contribute to poverty in the developing world. He argues that when people cooperate in instituting and upholding institutional arrangements that foreseeably (...) result in more severe or more widespread poverty or human rights deficits than would foreseeably result under feasible alternative arrangements, they are contributors to these harms. Because of this, he argues, they have stringent, contribution-based (or negative) duties to address this poverty. We will call this the ‘Feasible Alternatives Thesis' (FAT), and our aim in this article is to examine it critically. (shrink)

At the heart of the current debate about immigration we find a conflict of convictions. Many people seem to believe that a country has a right to decide who to let in and who to keep out, but quite often they appear equally committed to the view that it is morally wrong to expel someone from within the borders of their country if that would seriously jeopardise the person in question. While the first conviction leads to stricter border controls in (...) an attempt to prevent would‐be immigrants from entering the country illegally, the latter conviction ensures that aliens with a legitimate claim on protection will not be removed forcibly. It is not strange, therefore, that the task of pinning down a morally sound immigration policy is such an elusive enterprise.In this paper I take it for granted that no electorate would be prepared to accept the kind of policy they ought to, and that we in consequence will continue to let in as few immigrants as is currently the case. Given this constraint I argue against two common assumptions concerning a viable immigration policy. First, granted that certain conditions are satisfied, professional smugglers should not face legal sanctions for bringing asylum seekers to a potential host country. Second, countries that limit immigration should not treat people seeking family reunion preferentially or on a par with other immigrants, but rather act so as to maximise the number of refugees allowed to enter. (shrink)

Thomas Pogge argues that affluent people in the developing world have contribution-based duties to help protect the poor. And it follows from Pogge's most general thesis that affluent people are contributing to most, if not all, instances of global poverty. In this article I explore two problems with Pogge's general thesis. First, I investigate a typical way in which affluent people would be contributing to global poverty according to Pogge: that affluent countries use their superior bargaining power to get poor (...) countries to accept trading schemes that are unduly favourable to the affluent. I suggest that this type of relation is best understood as exploitation, and that Pogge's general thesis is better understood as a thesis about how affluent people exploit poor people rather than about how they contribute to poverty. Second, I argue that the exploitation does not have the normative content of doing harm. Although exploiting people is often morally wrong, it is not at all clear how demanding exploitation-based duties are. (shrink)

In this paper we explore what sacrifices you are morally required to make to save a child who is about to die in front of you. It has been argued that you would have very demanding duties to save such a child (or any adult who is in similar circumstance through no fault of their own, for that matter), and some examples have been presented to make this claim seem intuitively correct. Against this, we argue that you do not in (...) general have a moral requirement to bear more than moderate cost to save even a child who is just in front of you. Moreover, we explain why you have a much more demanding moral requirement in certain cases by appealing to the notions of undue risk and cost sharing. (shrink)

This book explores the nature of moral responsibilities of affluent individuals in the developed world, addressing global poverty and arguments that philosophers have offered for having these responsibilities. The first type of argument grounds responsibilities in the ability to avert serious suffering by taking on some cost. The second argument seeks to ground responsibilities in the fact that the affluent are contributing to such poverty. The authors criticise many of the claims advanced by those who seek to ground stringent responsibilities (...) to the poor by invoking these two types of arguments. It does not follow from this that the affluent are meeting responsibilities to the poor. The book argues that while people are not ordinarily required to make large sacrifices in assisting others in severe need, they are required to incur moderate costs to do so. If the affluent fail consistently to meet standards, this fact can substantially increase the costs they are required to bear in order to address it. (shrink)

Climate change and other harmful large-scale processes challenge our understandings of individual responsibility. People throughout the world suffer harms—severe shortfalls in health, civic status, or standard of living relative to the vital needs of human beings—as a result of physical processes to which many people appear to contribute. Climate change, polluted air and water, and the erosion of grasslands, for example, occur because a great many people emit carbon and pollutants, build excessively, enable their flocks to overgraze, or otherwise stress (...) the environment. If a much smaller number of people engaged in these types of conduct, the harms in question would not occur, or would be substantially lessened. However, the conduct of any particular person (and, in the case of climate change, of even quite large numbers of people) could make no apparent difference to their occurrence. My carbon emissions (and quite possibly the carbon emissions of much larger groups of people dispersed throughout the world) may not make a difference to what happens to anyone. When the conduct of some agent does not make any apparent difference to the occurrence of harm, but this conduct is of a type that brings about harm because many people engage in it, we can call this agent an overdeterminer of that harm, and their conduct overdetermining conduct. In this essay we explore the moral status of overdetermining harm. (shrink)

The DDE yields counterintuitive verdicts about certain cases: it may deem it permissible to kill a certain number of people when they are not used as means and their death is not intended, but deny that killing fewer of these people is permissible if that requires intending their death, or using them as means. To accommodate the judgement that we may kill the lesser number in such cases, supporters of the DDE may appeal to Frances Kamm's Principle of Secondary Permissibility. (...) The principle says, roughly, that if it is permissible to kill n people when not intending their death, or using them as means, then it is permissible to kill n − m people in a way that does involve intending their deaths, or using them as means, as ‘secondarily permissible’. In this article I argue that appealing to the PSP to solve the puzzling cases of the DDE is generally misleading and that it fails in particular cases. The crux of my argument is that the PSP allows killings that go against the grain of the DDE. (shrink)

ABSTRACTWe consider whether and under what conditions it is morally illicit to profit from poverty. We argue that when profit counterfactually depends on poverty, the agent making the profit is morally obliged to relinquish it. Finally, we argue that the people to whom the profit should be redirected are those on whom it counterfactually depends.

Traditionally, moral philosophers have distinguished between doing and allowing harm, and have normally proceeded as if this bipartite distinction can exhaustively characterize all cases of human conduct involving harm. By contrast, cognitive scientists and psychologists studying causal judgment have investigated the concept ‘enable’ as distinct from the concept ‘cause’ and other causal terms. Empirical work on ‘enable’ and its employment has generally not focused on cases where human agents enable harm. In this paper, we present new empirical evidence to support (...) the claim that some important cases in the moral philosophical literature are best viewed as instances of enabling harm rather than doing or allowing harm. We also present evidence that enabling harm is regarded as normatively distinct from doing and allowing harm when it comes to assigning compensatory responsibility. Moral philosophers should be exploring the tripartite distinction between doing harm, allowing harm, and enabling harm, rather than simply the traditional bipartite distinction. Cognitive scientists and psychologists studying moral judgment, who have so far largely adopted the bipartite distinction in this area of research, should likewise investigate the tripartite distinction. (shrink)

In this essay we argue that an agent’s failure to assist someone in need at one time can change the cost she can be morally required to take on to assist that same person at a later time. In particular, we show that the cost the agent can subsequently be required to take on to help the person in need can increase quite significantly, and can be enforced through the proportionate use of force. We explore the implications of this argument (...) for the duties of the affluent to address global poverty. (shrink)

Two conditions guiding permissible use of force in self-defence are proportionality and success. According to the proportionality condition the means used to prevent an attack can be permissible only if they are proportional to the interest at stake. According to the success condition, otherwise impermissible acts can be justified under the right to self-defence only if they are likely to succeed in preventing the perceived threat. These requirements should not always be interpreted narrowly. Sometimes people are permitted to kill culpable (...) aggressors in order to avoid a non-lethal harm. Sometimes people are permitted to take up arms to defend themselves against culpable aggressors they have little or no hope of defeating. (shrink)

At the heart of the current debate about immigration we find a conflict of convictions. Many people seem to believe that a country has a right to decide who to let in and who to keep out, but quite often they appear equally committed to the view that it is morally wrong to expel someone from within the borders of their country if that would seriously jeopardise the person in question. While the first conviction leads to stricter border controls in (...) an attempt to prevent would‐be immigrants from entering the country illegally, the latter conviction ensures that aliens with a legitimate claim on protection will not be removed forcibly. It is not strange, therefore, that the task of pinning down a morally sound immigration policy is such an elusive enterprise.In this paper I take it for granted that no electorate would be prepared to accept the kind of policy they ought to, and that we in consequence will continue to let in as few immigrants as is currently the case. Given this constraint I argue against two common assumptions concerning a viable immigration policy. First, granted that certain conditions are satisfied, professional smugglers should not face legal sanctions for bringing asylum seekers to a potential host country. Second, countries that limit immigration should not treat people seeking family reunion preferentially or on a par with other immigrants, but rather act so as to maximise the number of refugees allowed to enter. (shrink)

Peter Singer is well known to have argued for our responsibilities to address global poverty based on an analogy with saving a drowning child. Just as the passerby has a duty to save that child, we have a duty to save children ‘drowning’ in poverty. Since its publication, more four decades ago, there have been numerous attempts to grapple with the inescapable moral challenge posed by Singer’s analogy. In this paper, we propose a new approach to the Singerian challenge, through (...) offering a different explanation for why our intuitions about rescuing a threatened person in front of us are more demanding than our intuitions about rescuing those living under equally threatening conditions of poverty. We argue that understanding the underlying motive or mechanism by which people come to endorse intuitions about duties of assistance undermines our confidence in the validity and robustness of some of the highly demanding intuitions that Singer relies on. This, in turn, puts serious limitations on the normative and practical reach of Singer’s analogy. (shrink)

In recent years it has often been claimed that policies such as subsidies paid to domestic producers by affluent countries and tariffs on goods produced by foreign producers in poorer countries violate important moral requirements because they do severe harm to poor people, even kill them. Such claims involve an empirical aspect—such policies are on balance very bad for the global poor—and a philosophical aspect—that the causal influence of these policies can fairly be characterized as doing severe harm and killing. (...) In this essay, we examine the philosophical aspect of this issue. We conclude that these policies do not do harm to the poor, but rather enable harm to them in various ways, and explore the moral implications of this fact. (shrink)

Philosophers have had trouble defending the common sense view that it is permissible to impose significant cost on an innocent person who is about to harm you to prevent the harm from occurring. In this paper, I argue that such harm can be justified if one pays attention to the moral significance of imposing a cost on others. The constraint against harming people who give rise to cost by their presence or movements is weaker than the constraint against harming bystanders. (...) Moreover, I argue that people who give rise to cost have a duty to take on some of that cost to help protect the person under threat. (shrink)

Remittances are private financial transfers from migrant workers back to their countries of origin. These are typically intra-household transfers from members of a family who have emigrated to those who have remained behind. The scale of such transfers throughout the world is very large, reaching $338 billion U.S. in 20081—several times the size of overseas development assistance (ODA) and larger even than foreign direct investment (FDI). The data on migration and remittances is too poor to warrant very firm conclusions about (...) their effects—actual or potential—on poverty and development in poorer countries. We will however, present reasons that make it plausible to believe that remittances can contribute to poverty-reduction and promote development in poorer countries. Our main aim, however, is not to engage in detail with empirical debates about the effects of these transfers, but to establish moral grounds for favorable tax treatment on remittances on the assumption that they do have positive effects on receiving countries. (shrink)

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...) living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups. (shrink)

In Responding to Global Poverty: Harm, Responsibility, and Agency, Christian Barry and Gerhard Øverland address the two types of argument that have dominated discussion of the responsibilities of the affluent to respond to global poverty. The second type of argument appeals to ‘contribution-based responsibilities’: the affluent have a duty to do something about the plight of the global poor because they have contributed to that plight. Barry and Øverland rightly recognize that to assess contribution-based responsibility for global poverty, we (...) need to understand what it is for an agent to contribute to harm rather than merely failing to prevent it. Barry and Øverland argue that we should replace the traditional bipartite distinction doing and allowing with a bipartite distinction between doing, allowing and enabling. I argue that their discussion represents a significant contribution to this debate. However, more detail on their key ideas of ‘relevant action’ and ‘complete causal process’ is needed. Moreover, in cases involving the removal of barriers, the non-need based claims of those involved matter. (shrink)

Recently, Gerhard Øverland and Alec Walen have developed novel and interesting theories of nonconsequentialism. Unlike other nonconsequentialist theories such as the Doctrine of Double Effect, each of their theories denies that an agent’s mental states are relevant for determining how stringent their moral reasons are against harming others. Instead, Øverland and Walen seek to distinguish morally between instances of harming in terms of the circumstances of the people who will be harmed, rather than in features of the agent doing (...) the harming. In this paper, we argue that these theories yield counterintuitive verdicts across a broad range of cases that other nonconsequentialist theories handle with relative ease. We also argue that Walen’s recent attempt to reformulate this type of theory so that it does not have such implications is unsuccessful. (shrink)

This volume brings together a range of influential essays by distinguished philosophers and political theorists on the issue of global justice. Global justice concerns the search for ethical norms that should govern interactions between people, states, corporations and other agents acting in the global arena, as well as the design of social institutions that link them together. The volume includes articles that engage with major theoretical questions such as the applicability of the ideals of social and economic equality to the (...) global sphere, the degree of justified partiality to compatriots, and the nature and extent of the responsibilities of the affluent to address global poverty and other hardships abroad. It also features articles that bring the theoretical insights of global justice thinkers to bear on matters of practical concern to contemporary societies, such policies associated with immigration, international trade, and climate change. -/- Contents: Introduction; Part I Standards of Global Justice: (i) Assistance-Based Responsibilities to the Global Poor: Famine, affluence and mortality, Peter Singer; We don't owe them a thing! A tough-minded but soft-hearted view of aid to the faraway needy, Jan Narveson; Does distance matter morally to the duty to rescue? Frances Myrna Kamm. (ii) Contribution-Based Responsibilities to the Global Poor: 'Assisting' the global poor, Thomas Pogge; Should we stop thinking about poverty in terms of helping the poor?, Alan Patten; Poverty and the moral significance of contribution, Gerhard Øverland. (iii)Cosmopolitans, Global Egalitarians, and its Critics: The one and the many faces of cosmopolitanism, Catherine Lu; Cosmopolitan justice and equalizing opportunities, Simon Caney; The problem of global justice, Thomas Nagel; Against global egalitarianism, David Miller; Egalitarian challenges to global egalitarianism: a critique, Christian Barry and Laura Valentini. Part II Pressing Global Socioeconomic Issues: (i) Governing the Flow of People: Immigration and freedom of association, Christopher Wellman; Democratic theory and border coercion: no right to unilaterally control your own borders, Arash Abizadeh; Justice in migration: a closed borders utopia?, Lea Ypi. (ii) Climate Change: Global environment and international inequality, Henry Shue; Valuing policies in response to climate change: some ethical issues, John Broome; Saved by disaster? Abrupt climate change, political inertia, and the possibility of an intergenerational arms race, Stephen M. Gardiner; Polycentric systems for coping with collective action and global environmental change, Elinor Ostrom. (iii) International Trade: Responsibility and global labor justice, Iris Marion Young; Property rights and the resource curse, Leif Wenar; Fairness in trade I: obligations arising from trading and the pauper-labor argument, Mathias Risse; Name index. -/- See: www.ashgate.com/default.aspx?page=637&calctitle=1&pageSubject=483&sort=pubdate&forthcoming=1&title_i d=9958&edition_id=13385. (shrink)

Deontology holds that the rules or principles that govern the permissibility of actions cannot be derived simply from the goal of promoting good consequences. The definition has to be given negatively because there is still much disagreement about what positively grounds these rules or principles. The articles in this special issue—collected mostly from papers presented at a conference sponsored by the Institute for Law and Philosophy at Rutgers UniversityOne paper in this issue, from Gerhard Øverland, was not presented at (...) the conference with the rest. He was scheduled to present his paper, but could not attend the conference because he was diagnosed with cancer. He died of cancer shortly after submitting his article to this issue. This is a great loss to his friends and collaborators, and to the philosophical community as a whole.—cover a fairly representative range of these different views. The truth about deontology—including whether it is true at all—is important to criminal law in .. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 109 Heft: 1 Seiten: 1-8.

This paper is intended as a contribution to a recent vigorous debate in The Times , between the distinguished journalist Bernard Levin, the eminent Oxford economist Wilfred Beckerman and the Archbishop of York, John Habgood, among others. The debate concerns morality, ‘free will’ and determinism. As a former German Jew, who lost close relatives at Auschwitz and who suffered personally severely in my youth under daily virulent Nazi persecution , I obviously cannot remain strictly detached and neutral. Yet, I shall (...) attempt to retain as much neutrality as possible, since I think that the main rivals in this debate have all some very relevant, interesting and valid things to say. Let me also state other, probably very relevant, biases. I am an ardent Zionist . In addition, I am a diehard mechanistic materialist as regards basic philosophy, although I am tolerant of other people's religious feelings, because I realize that my materialism is as metaphysical as their religious views. With this as background let me return to the technical issues. Obviously, in a philosophical journal one can write at a level above that of The Times , where there is, perhaps, insufficient room to debate philosophical, biological, physical and other niceties in some depth. (shrink)

Philosophy of Science: A Unified Approach combines a general introduction to philosophy of science with an integrated survey of all its important subfields. As the book’s subtitle suggests, this excellent overview is guided methodologically by "a unified approach" to philosophy of science: behind the diversity of scientific fields one can recognize a methodological unity of the sciences. This unity is worked out in this book, revealing all the while important differences between subject areas. Structurally, this comprehensive book offers a two-part (...) approach, which makes it an excellent introduction for students new to the field and a useful resource for more advanced students. Each chapter is divided into two sections. The first section assumes no foreknowledge of the subject introduced, and the second section builds upon the first by bringing into the conversation more advanced, complementary topics. Definitions, key propositions, examples and figures overview all of the core material. At the end of every chapter there are selected readings and exercises . The book also includes a comprehensive bibliography and an index. (shrink)

This is a response to the papers in the special issue Logical Perspectives on Science and Cognition—The Philosophy of Gerhard Schurz.