The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates (...) the applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)

Psychology has a long past, yet its real history is short. For thousands of years it has existed and has been growing older; but in the earlier part of this period it cannot boast of any continuous progress toward a riper and richer development. In the fourth century before our era that giant thinker, Aristotle, built it up into an edifice comparing very favorably with any other science of that time. But this edifice stood without undergoing any noteworthy changes or (...) extensions, well into the eighteenth or even the nineteenth century. Only in recent times do we find an advance, at first slow but later increasing in rapidity, in the development of psychology. The general causes which checked the progress of this science and thus made it fall behind the others can readily be stated:— "The boundaries of the Soul you cannot find, though you pace off all its streets, so deep a foundation has it," runs a sentence of Heraclitus, and it hits the truth more fully than its author could ever have expected. The structures and functions of our mental life present the greatest difficulties to scientific investigation, greater even than those presented by the phenomena, in many respects{4} similar, of the bodily life of the higher organisms. These structures and processes change so unceasingly, are so fleeting, so enormously complex, and dependent on so many factors hidden yet undoubtedly influential, that it is difficult even to seize upon them and describe their true substance, still more difficult to gain an insight into their causal connections and to understand their significance. We are just now beginning to recognize the full force of these difficulties. (shrink)

Examines the relationship between making objects and knowing nature in Europe from the mid-15th to mid-19th centuries.

Legitimate expectations should be considered in the transition to a low-carbon society. After explaining under what conditions and circumstances expectations are legitimate, this paper shows that those expectations whose frustration undermines the ability to plan, infringes basic moral rights, or is extremely costly for its bearer might justify a deviation in the baseline of justice in favour of the expectation holder. People should be notified about the likely frustration of their expectations so that they can avoid the frustration of their (...) expectations, adapt their life plans and minimise costs. Since the frustration of legitimate expectations seems unavoidable in the transformation to a low-carbon society, priority should be given to the protection of the expectations of those who cannot be materially compensated. Still, if two groups are eligible for material compensation, we should give priority to protecting the expectation of those who cannot continue with the same life plan as before if their expectations are frustrated. (shrink)

There are two main sources of theoretical doubt regarding the validity of claims for reparation: the questions arising from the non-identity problem and those arising from the supersession thesis. Neither of them significantly undermines the Palestinian refugees’ claims to reparations and a right of return.

Climate change can be interpreted as a unique case of historical injustice involving issues of both intergenerational and global justice. We split the issue into two separate questions. First, how should emission rights be distributed? Second, who should come up for the costs of coping with climate change? We regard the first question as being an issue of pure distributive justice and argue on prioritarian grounds that the developing world should receive higher per capita emission rights than the developed world. (...) This is justified by the fact that the latter already owns a larger share of benefits associated with emission generating activities because of its past record of industrialisation. The second question appears to be an issue of compensatory justice. After defining what we mean by compensation, we show that different kinds of compensatory principles run into problems when used to justify payments by historical emitters of the North to people suffering from climate change in the South. As an alternative, we propose to view payments from wealthy countries for adaptation to climate change in vulnerable countries rather as a measure based on concerns of global distributive justice. (shrink)

Expectations play an important role in how people plan their lives and pursue their projects. People living in highly industrialized countries share a way of life that comes with high levels of emissions. Their expectations to be able to continue their projects imply their holding expectations to similarly high future levels of personal emissions. We argue that the frustration or undermining of these expectations would cause them significant harm. Further, the article investigates under what conditions people can be thought to (...) hold legitimate expectations, in particular about permissible levels of future emissions. We distinguish differing theories of understanding these conditions, namely authority-based and justice-based theories, that each allows us to systematically distinguish between legitimate and illegitimate expectations. Furthermore, with respect to individuals’ future permissible emissions we give several reasons for holding that such theories cannot identify a particular expectation to a specific level of personal emissions as the only legitimate one. Finally, we argue that the set of legitimate expectations that people hold with respect to a just and effective solution to climate change has normative significance in at least two ways: the differing but equally legitimate expectations ought to be taken into account when justifying what could count as such a solution and when determining the just way of arriving at and implementing such a solution. (shrink)

This article examines the relationship between Jeremy Waldron’s supersession thesis and compensation. Recently, Waldron has argued that claims for material compensation for the original injustice cannot be superseded. He limits supersession to issues of restitution. Waldron’s supersession thesis is frequently cited by opponents of claims based on historical injustice, so his view of compensation warrants close examination. In our article, we explain the details of Waldron’s ‘simple model’ of compensation, offer an internal critique of it, and try to sympathetically reconstruct (...) it. We contend that a crucial claim about this model does not work; his model would result in many more backward-looking compensatory claims than he realizes. Waldron’s allowing for material compensation claims from historical injustice is in tension with, or incompatible with, his long-expressed view that the spirit of the supersession thesis is that justice should be forward-looking and look to present-day costs. We have argued elsewhere that the abstract possibility that restitution claims may be superseded due to changing circumstances (what we call the ‘supersession thesis proper’) is separable from the question of whether justice has a forward-looking or backward-looking orientation. We argue here that Waldron’s model of compensation can best be made sense of through our distinction of ‘full supersession’ and ‘partial supersession.’ This allows us to show that Waldron’s model relies on a more strongly backward-looking orientation than he seems to endorse in his earlier works on restitution and his most recent article discussing compensation. We conclude by offering external criticisms of Waldron’s model of compensation. (shrink)

Currently living people cannot be said to be wronged because of the wrongless emissons of greenhouse gases by past people. According to the usual subjunctive-historical understanding of harm, currently living people cannot be said to be harmed by the impact of greenhouse emissions on their well-being. By relying on a subjunctive-threshold notion of harm we can justify conclusions about both the present generation’s duties not to violate the rights of future generations, and the present generation’s duties to compensate currently living (...) people for the harms inflicted upon them through the lasting impact of wrongless past harms. This interpretation supports a forward-looking understanding of the grounds of our relating to wrongless past harms. The significance of past harms lies in their consequences for the well-being of currently living and future people. The subjunctive-threshold notion of harm lends support to a standard of minimal, general, and universal justice. Those actors who are in a position to fulfill its requirements are under a duty to do so. Especially the rich and powerful countries ought to counteract the harmful impact of past greenhouse emissions. (shrink)

In this consensus report by a diverse group of academics who conduct and/or are concerned about social and behavioral genomics (SBG) research, the authors recount the often‐ugly history of scientific attempts to understand the genetic contributions to human behaviors and social outcomes. They then describe what the current science—including genomewide association studies and polygenic indexes—can and cannot tell us, as well as its risks and potential benefits. They conclude with a discussion of responsible behavior in the context of SBG research. (...) SBG research that compares individuals within a group according to a “sensitive” phenotype requires extra attention to responsible conduct and to responsible communication about the research and its findings. SBG research (1) on sensitive phenotypes that (2) compares two or more groups defined by (a) race, (b) ethnicity, or (c) genetic ancestry (where genetic ancestry could easily be misunderstood as race or ethnicity) requires a compelling justification to be conducted, funded, or published. All authors agree that this justification at least requires a convincing argument that a study's design could yield scientifically valid results; some authors would additionally require the study to have a socially favorable risk‐benefit profile. (shrink)

This book provides a systematic introduction to the debate on historical emissions and climate change, for students, researchers and policymakers.

The essays are tied together by the idea that our understanding of cognition is likely to be enhanced by consideration of mechanisms and processes at its ...

Many people living in highly industrialised countries and elsewhere emit greenhouse gases at a certain high level as a by-product of their activities, and they expect to be able to continue to emit at that level. This level is far above the just per capita level. We investigate whether that expectation is legitimate and permissible. We argue that the expectation is epistemically legitimate. Given certain assumptions, we can also think of it as politically legitimate. Also, the expectation is shown to (...) be morally permissible but with major qualifications. The interpretation of the significance of the expectation is compatible with the understanding that historical emissions should count in terms of fairly distributing the benefits of emission-generating activities over people’s lifetimes but constrains the way in which we may collectively respond to climate change. (shrink)

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 16 Heft: 1 Seiten: 179-214.

This article discusses indigenous rights within the context of global governance. I begin by defining the terms “global governance” and “indigenous peoples” and summarizing the rights that are most important to indigenous peoples. The bulk of this article studies the global governance of indigenous rights in three areas. The first example is the creation of the 2007 UN Declaration on the Rights of Indigenous Peoples. A second example involves violations of indigenous rights brought before the Inter-American Court of Human Rights. (...) A third case looks at a relatively new international regime created by indigenous peoples themselves—the Inuit Circumpolar Council. I conclude by using theories of sovereignty to assess the relative successes and failures of indigenous efforts to secure their rights. (shrink)