Do we violate human rights when we cooperate with and impose a global institutional order that engenders extreme poverty? Thomas Pogge argues that by shaping and enforcing the social conditions that foreseeably and avoidably cause global poverty we are violating the negative duty not to cooperate in the imposition of a coercive institutional order that avoidably leaves human rights unfulfilled. This article argues that Pogge's argument fails to distinguish between harms caused by the global institutions themselves and harms caused (...) by the domestic policies of particular states and collective action problems for which collective responsibility cannot be assigned. The article also argues that his position relies on questionable factual and theoretical claims about the impact of global institutions on poverty, and about the benefits and harms of certain features of these institutions. Participation in, and benefit from, global institutions is unlikely to constitute a violation of our negative duties towards the poor. Key Words: justice • international regimes • institutions • human rights • trade. (shrink)

It is widely accepted by the scientific community and beyond that human beings are primarily responsible for climate change and that climate change has brought with it a number of real problems. These problems include, but are not limited to, greater threats to coastal communities, greater risk of famine, and greater risk that tropical diseases may spread to new territory. In keeping with J. S. Mill's 'Harm Principle', green political theorists often respond that if we are contributing a harm to (...) others in contributing to climate change and its negative effects, we then have a negative duty to assist those we have harmed and to reduce our carbon emissions. In this paper, I will take seriously negative duties stemming from a contribution to climate change and demonstrate that our negative duties do not demand that we necessarily end our contribution to climate change if we were able to compensate those who may be affected by climate change. Thus, the conclusion of many green political theorists - that we must reduce our carbon emissions - does not necessarily follow from the view that humans are primarily responsible for climate change and its attended ill effects. (shrink)

Two main types of philosophical arguments have been given in support of the claim that the citizens of affluent societies have stringent moral duties to aid the global poor: “positive duty” arguments based on the notion of beneficence and “negative duty” arguments based on noninterference. Peter Singer’s positive duty argument (Singer 1972) and Thomas Pogge’s negative duty argument (Pogge 2002) are among the most prominent examples. Philosophers have made speculative claims about the relative effectiveness of these arguments (...) in promoting attitudes and behaviors that could lead to the alleviation of poverty. In this article we present the results of two empirical studies that evaluate these claims, and suggest that both arguments have a modest effect on people’s attitudes and behaviors regarding global poverty. In a replication of the second study, the negative duty argument, in particular, had a statistically significant effect on donations. We discuss the theoretical and practical significance of these results and suggest directions for further research on the role that philosophical arguments can play in engendering concern and action on pressing moral problems. (shrink)

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him (...) to shift illicitly between negative and positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)

In this article, the last in the symposium on world poverty and human rights, Pogge replies to his critics Mathias Risse, Alan Patten, Rowan Cruft, Norbert Anwander, and Debra Satz.

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only (...) provide substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

The pro tanto duty not to harm is arguably the most widely accepted basis for moral demand. However, in the case of global poverty, even if we accept that individual members of wealthier nations are responsible for harming the global poor (through their constitution of, or participation in or with, global institutions that harm), it remains difficult to claim that individuals violate a negative duty in doing so. For an agent to hold a duty, that duty must be at (...) least (a) recognizable to a reasonably competent observer, and (b) fulfillable, two criteria which do not appear to be met. This paper argues that we have misunderstood the way in which the global community harms the global poor. As a result, there are a range of acts—the provision of financial aid—which the global community largely fails to undertake and which form a part of violating the negative duty not to harm. In relation to these global acts, it is straightforward for individuals both to recognize what they would need to do to avoid participating in the harm of global poverty and to achieve that avoidance: individuals simply need to provide financial aid. As such, assuming that individuals are culpable for the harms committed by intersecting global institutions, then their participation in harm also violates a negative duty not to inflict such harm. This opens up a further remedial duty to provide financial aid for past harms committed. (shrink)

The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and negative if (...) they only allow one fulfilment option. These delineation criteria allow for a more consistent reconstruction of case law and point to a causal mechanism for alleged asymmetries in proportionality review and margins of appreciation. Lastly, there are revisionary implications for human rights scholarship. Judgments have been sorted as positive rights cases because they feature a requirement that states commit to legislative amendment, yet performative acts of amendment may be continuous with underlying negative duties. (shrink)

In World Poverty and Human Rights, Thomas Pogge argues that the global rich have a duty to eradicate severe poverty in the world. The novelty of Pogges approach is to present this demand as stemming from basic commands which are negative rather than positive in nature: the global rich have an obligation to eradicate the radical poverty of the global poor not because of a norm of beneficence asking them to help those in need when they can at little (...) cost to themselves, but because of their having violated a principle of justice not to unduly harm others by imposing on them a coercive global order that makes their access to the objects of their human right to subsistence insecure. In this paper, I claim that although Pogge is right in arguing that negative duties are crucial in an account of global justice, he is wrong in saying that they are the only ones that are crucial. Harming the global poor by causing their poverty provides a sufficient but not a necessary condition for the global rich to have a duty of justice to assist them. After engaging in a critical analysis of Pogges argument, I conclude by suggesting the need for a robust conception of cosmopolitan solidarity that includes positive duties of assistance which are not mere duties of charity, but enforceable ones of justice. (shrink)

Social interaction is laden with stereotypes. Throughout history negative stereotypes have been immensely harmful, leading to hatred, vilification, and direct harm such as discrimination, and they continue to be so in almost all societies. It is widely accepted that we ought not to view members of other groups negatively in stereotypical ways, and also ought not to apply negative stereotypes to members of our own group (or even to ourselves). However, is there any special moral obligation on the (...) targets of such negative stereotypes to take care not to confirm them? May one even be blameworthy for not doing so? The very thought seems outrageous. Yet I will argue that it is plausible to think that, in fact, the victims, too, have pro tanto obligations to prevent stereotype confirmation (henceforth sc), in many central contexts. I am not aware of any sustained philosophical discussion making this claim. (shrink)

This paper evaluates an argument for immigration restrictions that appeals to the costs that immigration imposes on the citizens of a recipient state. According to this argument, citizens have associative duties to protect each other’s interests, immigration can damage these interests in certain cases, and the associative duties between compatriots justify immigration restrictions in these cases. Call this: the partiality argument for immigration restrictions. I argue that the partiality argument is unsound. Immigration restrictions violate negative duties (...) to refrain from interfering with people’s liberties and these duties silence compatriots’ associative duties to one another. Furthermore, I argue that compatriots lack associative duties to one another in virtue of the fact that the relationships between compatriots reliably cause injustice to outsiders. (shrink)

Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can (...) be interpreted in two different ways. Unfortunately, both interpretations are problematic. Lastly, I suggest a strategy for amending this problem. (shrink)

This chapter focuses on the question of who has duties regarding poverty and what those duties demand, from within the perspective of contemporary analytic normative philosophy. The chapter is structured in three sections. Section 1 considers the duties of those living in poverty, which might be either self-regarding or other-regarding duties, and which must be tempered by concerns of overdemandingness. Section 2 considers the duties of affluent individuals. These are imperfect duties grounded in affluent (...) individuals’ relations to the structures that produce poverty: relations of contribution, benefit, and ability to change. Section 3 considers duties of collective agents – including states, for-profits, charities, and civil society groups. The poverty-related duties of these collective agents are sometimes perfect and sometimes imperfect, and include both primary and secondary duties, and both positive and negative duties. (shrink)

Kant’s moral philosophy usually considers two types of duties: negative duties that prohibit certain actions and positive duties commanding action. With that, Kant insists on deriving all morality from reason alone. Such is the Categorical Imperative that Kant lays at the basis of ethics. Yet while negative duties can be derived from the Categorical Imperative and thus from reason, the paper argues that this is not the case with positive duties. After answering a (...) number of attempts to derive positive duties from the Categorical Imperative, most notably those of Barbara Herman, it sketches an alternative approach to understanding the relationship between the universal moral law and specific moral contents. (shrink)

Yasha Rohwer and Emma Marris argue that we do not have a prima facie duty to preserve the genetic integrity of species. Rohwer and Marris take the duty to preserve genetic integrity as being equal...

The societal benefits derived from competitive markets certainly depend upon participants conforming to generally accepted notions of moral duty. These notions include negative duties such as those against fraud, deception, and coercion and also positive duties such as those that favor beneficence but with limits. This investigation examines the extent that product, capital, and internal-labor markets are capable of imposing conformance to society’s expectations of duty through both formally and informally organized boycotts. A categorization of classic and (...) recent boycotts into those motivated by (i) establishing new norms, or (ii) enforcing existing generally accepted norms is provided. This categorization helps to explain why some boycotts are successful, and others not. Through this exploration, a contribution to the resolution of the so called “Adam Smith problem” concerning the morality-enforcing capability of the invisible hand is offered. (shrink)

This paper is about the implications of a common view on global justice. The view can be called the Minimalist View, and it says that we have no positive duties to help the poor in foreign countries, or that if we do, they are very minimal. It might seem as if, by definition, the Minimalist View cannot require that we do very much about global poverty. However, in his book World Poverty and Human Rights, Thomas Pogge pointed out that (...) this conclusion is at least up for debate. Although Minimalism countenances very few positive duties to the global poor, it certainly countenances negative duties not to harm. Perhaps one can argue that these negative duties are somehow being violated, and thus even a Minimalist must make substantial compensation to the global poor. However, in this paper I argue that Pogge’s argument about Minimalism does not succeed. The second half of the paper offers ways to revise and improve the argument in order to make the case for assistance to the global poor. (shrink)

For years business ethics has limited the moral duties of enterprises to negative duties. Over the last decade it has been argued that positive duties also befall commercial agents, at least when confronted with large scale public problems and when governments fail. The argument that enterprises have positive duties is often grounded in the political nature of commercial life. It is argued that agents must sometimes take over governmental responsibilities. The German republican tradition argues along (...) these lines as does Nien-Hé Hsieh. Agents in commercial life are bound by positive duties because at some point they become citizens that must take on the responsibilities of the state. In this paper we leave undisputed the claim that corporations must acknowledge positive duties. However, we demonstrate that the political grounding fails, at least in the sense that this theory insufficiently acknowledges a long standing liberal tradition that vindicates apolitical markets and clear borderlines between politics and economics. We carve out an alternative route to the grounding of one specific positive duty—the duty to further justice. Our argument is based on the moral nature of commercial agents and tries to demonstrate that the duty to further justice ensues from liberalism. Taking a Kantian perspective, it conceptualizes the duty to further justice as a moral duty, orientated toward the political domain. It is grounded in the obligation to attain moral autonomy in the civil condition. (shrink)

This paper is about the implications of a common view on global justice. The view can be called the Minimalist View, and it says that we have no positive duties to help the poor in foreign countries, or that if we do, they are very minimal. It might seem as if, by definition, the Minimalist View cannot require that we do very much about global poverty. However, in his book World Poverty and Human Rights, Thomas Pogge pointed out that (...) this conclusion is at least up for debate. Although Minimalism countenances very few positive duties to the global poor, it certainly countenances negative duties not to harm. Perhaps one can argue that these negative duties are somehow being violated, and thus even a Minimalist must make substantial compensation to the global poor. However, in this paper I argue that Pogge’s argument about Minimalism does not succeed. The second half of the paper offers ways to revise and improve the argument in order to make the case for assistance to the global poor. (shrink)

Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions or (...) to adopt maxims) cannot. The paper is divided into three main sections. In the first, I set out the procedures generally accepted among Kantians for deriving positive duties from the universalization formulations. In the second, I set out the arguments from section 1 in more detail and explain why they do not work. In the third, I examine a strategy that might be used to supplement the arguments from section 2 and I argue that it also does not work. (shrink)

In this chapter, we explore whether agents have an epistemic duty to eradicate implicit bias. Recent research shows that implicit biases are widespread and they have a wide variety of epistemic effects on our doxastic attitudes. First, we offer some examples and features of implicit biases. Second, we clarify what it means to have an epistemic duty, and discuss the kind of epistemic duties we might have regarding implicit bias. Third, we argue that we have an epistemic duty to (...) eradicate implicit biases that have negative epistemic impact. Finally, we defend this view against the objection that we lack the relevant control over implicit bias that’s required for such a duty. We argue that we have a kind of reflective control over the implicit biases that we are duty-bound to eradicate. And since, as we show, we have this control over a wide variety of implicit biases, there are a lot of implicit biases that we have epistemic duties to eradicate. (shrink)

It is now an ethical dictum that patients should be informed by physicians about their diagnosis, prognosis and treatment options. In this paper, I ask: ‘How informed are the ‘informers’ in clinical practice?’ Physicians have a duty to be ‘well-informed’: patient well-being depends not just in conveying adequate information to patients, it also depends on physicians keeping up-to-date about: popular misunderstandings of illnesses and treatments; and the importance of patient psychology in affecting prognosis. Taking the case of depression as an (...) entry point, this paper argues that medical researchers and physicians need to pay serious attention to the explanations given to patients regarding their diagnosis. Studies on lay understanding of depression show that there is a common belief that depression is wholly caused by a ‘chemical imbalance’ that can be restored by chemically restorative antidepresssants, a claim that has entered ‘folk wisdom’. However, these beliefs oversimplify and misrepresent the current scientific understanding of the causes of depression: first, there is consensus in the scientific community that the causes of depression include social as well as psychological triggers ; second, there is significant dissensus in the scientific community over exactly what lower level, biological or biochemical processes are involved in causing depression; third, there is no established consensus about how antidepressants work at a biochemical level; fourth, there is evidence that patients are negatively affected if they believe their depression is wholly explained by of ‘biochemical imbalance’. I argue that the medical community has a duty, to provide patients with adequate information and to be aware of the negative health impact of prevalent oversimplifications—whatever their origins. (shrink)

Drawing from moral foundations theory, we show that differences in sensitivity to distinct moral norms help explain differences in the perceived fairness of punishing employees for off-duty deviance. We used an initial study to validate realistic examples of non-criminal behavior that were perceived as violating a specific moral foundation. Participants in the main study evaluated scenarios in which co-workers were fired for those behaviors, which took place outside of work but were revealed via social media. The extent to which participants (...) valued the norm violated by the co-worker positively predicted perceived fairness of the firing, and negatively predicted expressed intent to take retributive action against the responsible manager. This effect was moderated by the presence of a pre-existing organizational policy regarding off-duty conduct, which uniformly decreased negative reactions to the firing. Because social media now makes the revelation of an employee’s off-duty behavior to a broad audience increasingly likely, our results suggest the importance of developing an approach for responding to employee off-duty deviance while highlighting the relevance of moral pluralism to the study of third-party reactions. (shrink)

In this article I argue that it is possible to find, in the Groundwork, a perfect ethical duty to others not to lie to any other person, ever. This duty is not in the Doctrine of Virtue, or the Right to Lie essay. It is an exceptionless, negative duty. The argument given for this negative duty from the Universal Law formula of the Categorical Imperative is that the liar necessarily applies a double standard: do not lie (everyone else), (...) and lie (the liar). The basis for this double standard is a presumption of inequality: the liar treats others as less than her. However, this argument fails to exclude lies told to liars, since the liar applies a single standard in this case: (secretly) lie to those whom you believe are lying to you. The argument given for this negative duty from the Humanity formula of the Categorical Imperative is that the liar necessarily behaves in way towards the other person in a way to which she "cannot possibly" consent. However, this argument fails to exclude lies told to those who have consented to be lied to, without knowing which lies they are to be told. Kant's arguments, therefore, fail to generate a perfect exceptionalness negative duty not to lie to any person, ever. (shrink)

InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or benevolent person (...) would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions. (shrink)

The argument has been made that future generations of human beings are being harmed unjustifiably by the actions individuals commit today. This paper addresses what it might mean to harm future generations, whether we might harm them, and what our duties toward future generations might be. After introducing the Global Health Impact (GHI) concept as a unit of measurement that evaluates the effects of human actions on the health of all organisms, an incomplete theory of human justice is proposed. (...) Having shown that the negative GHIs of our current generation cause unfair harm to future generations, I argue that each human being must be allocated a fair threshold of negative GHIs that should not be exceeded. By emphasising the need to consider all the GHIs of human actions, the theory of human justice developed here is highly relevant to evaluate human actions that might affect future generations, for example those related to climate change. (shrink)

Why is it that most among the relatively few moral philosophers since Kant who, like J. S. Mill, have discussed the question whether there can be moral duties to oneself, have answered it negatively? One reason is that those philosophers have supposed that all moral action must be, inter alia, social; and they may have thought so because of their commitment to what is here called a 'corporationist' moral view. But such a conception of morality as social is objectionable (...) because it does not square with ordinary opinion and because it introduces an artificial division between types of action which go together in real life. (shrink)

Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be (...) class='Hi'>duties of justice, whereas positive duties (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (shrink)

In this Symposium contribution, I argue that ordinary moral discourse recognizes six categories of morally significant actions: positively obligatory actions ; negatively obligatory actions ; supererogatory actions ; suberogatory actions ; quasi-supererogatory actions ; and amoral or morally neutral actions . As I argue, super-, sub-, and quasi-supererogatory actions paradoxically rely upon the existence of "non-obligatory oughts"--moral injunctions to do what as a moral matter we need not do. The remainder of the article is devoted to developing a theory that (...) makes these non-obligatory oughts coherent. The theory that I advance distinguishes deontic duties from aretaic duties, and derives the oughts of super- and suberogation from our aretaic duties to develop certain dispositions or character traits. As I argue, our aretaic duties require us to perform actions that are deontically supererogatory and to refrain from actions that are deontically suberogatory. Only if we conceive of super- and suberogation as simultaneously governed by deontic permissions and aretaic obligations can we make sense of the dual claims implicit in daily gossip that we are obligated to cultivate such virtues as kindness and generosity, and that kindness and generosity consist in doing what we are not obligated to do. As the title elliptically suggests, the article thus advances the claim that we have duties to go beyond the call of duty. (shrink)