With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing (...) a strict-liability criminal statute with the death penalty. Of course, such “reforms” would increase the execution of innocents; but, their proponents will tell us, any penal system involves the punishment of some innocents, and, if it provides for the death penalty, the execution of some innocents. Moreover, why is it worse for innocents to be punished than for innocents to suffer an equivalent harm in some other way? Formulated from a prospective-participant perspective: Why not run a small risk of being innocently executed in exchange for reducing, much more significantly, the risk of dying prematurely in other ways? (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. 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)

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). This reform would bring (...) drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

Moral universalism centrally involves the idea that the moral assessment of persons and their conduct, of social rules and states of affairs, must be based on fundamental principles that do not, explicitly or covertly, discriminate arbitrarily against particular persons or groups. This general idea is explicated in terms of three conditions. It is then applied to the discrepancy between our criteria of national and global economic justice. Most citizens of developed countries are unwilling to require of the global economic order (...) what they assuredly require of any national economic order, for example, that its rules be under democratic control, that it preclude life-threatening poverty as far as is reasonably possible. Without a plausible justification, such a double standard constitutes covert arbitrary discrimination against the global poor. Key Words: contextualism • corruption • discrimination • Rawls • resource exports • world poverty. (shrink)

Patriotismus ist nicht nur innere Einstellung, sondern auch Anleitung zum Handeln. Etwa so: Bürger und Regierungen dürfen - und sollten vielleicht - sich mehr um das Überleben und Wohlergehen ihres eigenen Staates, ihrer Kultur und ihrer Landsleute kümmern als um das fremder Staaten, Kulturen und Personen . Oder: Bürger und Regierungen dürfen - und sollten vielleicht - sich mehr um die Gerechtigkeit ihres eigenen Staates und um von dessen Mitgliedern erlittenes Unrecht kümmern als um die Gerechtigkeit anderer Sozialsysteme und um (...) von Ausländern erlittenes Unrecht . Auch wenn diese Behauptungen wahr sind, ist doch der Geltungsbereich der behaupteten patriotischen Prioritäten streng begrenzt. Sie können nicht rechtfertigen, dass mächtige Staaten anderen ungerechte internationale Spielregeln aufzwingen oder solche nutzniessend ignorieren. Die immer wachsende internationale Ungleichheit der Lebenschancen geht auf solche ungerechten Regeln zurück, die auch erheblich zu Korruption und Repression in den Entwicklungsländern beitragen. (shrink)

In a democratic society, the social rules are imposed by all upon each. As “recipients” of the rules, we tend to think that they should be designed to engender the best attainable distribution of goods and ills or quality of life. We are inclined to assess social institutions by how they affect their participants. But there is another, oft-neglected perspective which the topic of health equity raises with special clarity: As imposers of the rules, we are inclined to think that (...) harms we inflict through the rules have greater moral weight than like harms we merely fail to prevent or to mitigate. What matters morally is not merely how we affect people, but how we treat them through the rules we impose. While current (consequentialist and Rawlsian) theorizing is dominated by the first perspective and thus supports purely recipient-oriented moral conceptions, an adequate approach to social justice requires a balancing of both. Such balancing results in a relational conception of justice, which distinguishes various ways in which an institutional scheme may causally affect the quality of life of its participants.This essay argues that the strength of our moral reason to prevent or mitigate particular medical conditions depends not only on what one might call distributional factors, such as how badly off the people affected by these conditions are in absolute and relative terms, how costly prevention or treatment would be, and how much patients would benefit from given treatment. Rather, it depends also on relational factors, that is, on how we are related to the medical conditions they suffer. It then discusses some implications of this view for understanding responsibilities for international health outcomes. (shrink)

Thomas Franck believes that the strict constraints imposed by the UN Charter on military intervention in other countries have become too constraining and that, so long as the Charter text remains unrevised, we should condone violations of these rules as legitimated by a jurying process. The relevant UN Charter constraints he seeks to subvert are two in particular. First, the Charter suggests that, outside the UN system, military force may be used across national borders only in “individual or collective self-defense (...) if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security”. Apart from this, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations” ). Second, regarding the use of force by the UN itself, the Charter proclaims that “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII” ).1. (shrink)

Participating in a research project on how poor people themselves conceive poverty, I was surprised by the great emphasis our interlocutors put on violence.1 Being exposed to violence in one’s own household and daily life is a prominent and pervasive part of what it means to be poor. Such violence reflects governance failures endemic in developing countries: predatory elites who do not care about their poor compatriots and even profit by driving them off their land or coercing them into exploitative (...) conditions as factory workers, day laborers, domestic servants or sex workers. Small-scale violence and the continual threat thereof—just like the large-scale violence of wars, civil wars and local insurrections—is a terrible burden upon the poor and a grave impediment to efforts to improve their lives. The Sustainable Development Goals must recognize and suitably highlight this reality. (shrink)

Governments and their international agencies (FAO, World Bank) conceive of the eradication of hunger and poverty as a worthy wish that will eventually be realized through economic growth. They also make great cosmetic efforts to present as good-looking trend pictures as they can. Citizens ought to insist that the eradication of severe deprivations is a human rights correlative duty that permits no avoidable delay. Academics ought to collaborate toward providing a systematic alternative monitoring of what progress has really been made (...) against undernourishment and other povertyrelated deprivations. (shrink)

In contrast to his own "freestanding" liberalism, Rawls has characterized the liberalism of Kant's Rechtslehre as comprehensive, i.e., as dependent on Kant's teachings about good will and ethical autonomy or on his transcendental idealism. This characterization is not borne out by the text. Though Kant is indeed eager to show that his liberalism is entailed by his wider philosophical worldview, he is not committed to the converse, does not hold that his liberalism presupposes either his moral philosophy or his transcendental (...) idealism. Rather, Kant bases the establishment and maintenance of Recht solely on persons' fundamental a priori interest in external freedom. His liberalism is then, if anything, more freestanding than Rawls's, central elements of which-such as his postulate of certain moral powers with corresponding higher-order interests-are justified by appeal to fundamental ideas he finds to be prevalent in the public culture of his society. (shrink)

Book reviewed in this article:John Rawls, The Law of Peoples.

Following the tradition of classical liberalism, Kant's political philosophy and theory of justice focus on the relation between individual freedom, as the central value of political life, and the state, whose primary normative function is both to restrain and protect individual liberty. In this accessible interpretation of Kant's political philosophy, Allen D. Rosen focuses on the relation among justice, political authority (the state), and individual liberty. He offers interpretations of the ethical bases of Kant's view of justice, of the structure (...) of his taxonomy of duties, and of his understanding of social welfare legislation. Arguing against the grain of much recent scholarly commentary, Rosen asserts that Kant's principles of justice are direct corollaries of the Categorical Imperative and that Kant does not support an absolute or even near-absolute duty of obedience to governments. He also maintains that Kant has principled and important reasons for repudiating a right of revolution and that Kant is not, as he is almost always taken to be, an advocate of the nightwatchman or minimal state. The Kant that emerges from Rosen's pages is an appealing and surprisingly modern philosopher, whose preoccupation with individual freedom still resonates in contemporary political and philosophical debates, and whose attempts to define the proper limits of individual liberty remain relevant even at the end of the twentieth century. (shrink)

We citizens of the affluent countries tend to discuss our obligations toward the distant needy mainly in terms of donations and transfers, assistance and redistribution: How much of our wealth, if any, should we give away to the hungry abroad? Using one prominent theorist to exemplify this way of conceiving the problem, I show how it is a serious error — and a very costly one for the global poor.

This paper comments on Derek Parfit’s second and third Tanner Lectures, in which he discusses a dazzling array of moral formulas. Parfit treats these as competing formulas. But before we can appreciate his claims about winners and losers, we must first understand what this competition is about: What role are all these formulas meant to play? By reference to which task are we to judge their success or failure?

Numa sociedade democrática, as regras sociais são impostas a cada um por todos. Como “recebedores” de tais regras, tendemos a pensar que elas deviam ser designadas para engendrar a melhor distribuição possível de bens e males ou qualidade de vida. Enquanto autores das regras, tendemos a pensar que os malefícios por nós impostos através de tais regras têm maior peso moral que os danos que nós meramente deixamos de evitar ou mitigar. Embora as atuais teorias sejam dominadas pela primeira perspectiva, (...) uma concepção adequada da justiça exige um balanceamento de ambas tendências. O tema da equidade na saúde é bem apropriado para mostrar como concepções da justiça puramente dirigidas aos recebedores estão fadadas ao fracasso e como esboçar uma alternativa mais promissora. (shrink)

For some thirteen years now, the World Bank (‘the Bank’) has regularly reported the number of people living below an international poverty line, colloquially known as ‘$1/day’.3 Reports for the most recent year, 1998, put this number at 1,175.14 million.4 The Bank’s estimates of severe income poverty — its global extent, geographical distribution, and trend over time — are widely cited in official publications by governments and international organizations and in popular media, often in support of the view that liberalization (...) and globalization have helped to reduce poverty worldwide. For instance, the President of the World Bank recently declared: “Over the past few years, these better policies have contributed to more rapid growth in developing countries’ per capita incomes than at any point since the mid-1970s. And faster growth has meant poverty reduction: the proportion of people worldwide living in absolute poverty has dropped steadily in recent decades, from 29% in 1990 to a record low of 23% in 1998. After increasing steadily over the past two centuries, since 1980 the total number of people living in poverty worldwide has fallen by an estimated 200 million — even as the world’s population grew by 1.6 billion.”. (shrink)

We live in a world of radical inequality: Hundreds of millions suffer severe, lifelong poverty. Many others are quite well off and affluent enough significantly to improve the lives of the global poor. Does this radical inequality constitute an injustice in which we are involved? An affirmative answer finds broad support in different strands of the Western moral tradition, which also support the same program of institutional reform. This reform centers around a Global Resources Dividend, or GRD. A GRD in (...) the amount of one percent of the global social product would raise some $300 Billion a year. This amount is too small to lead to economic dislocation. But it is large enough to eradicate global poverty within one or two decades. (shrink)

There is much rhetorical and even some tangible support by the developed states for democratisation processes in the poorer countries. Most people there nevertheless enjoy little genuine democratic participation or even government responsiveness to their needs. This fact is commonly explained by indigenous factors, often related to the history and culture of particular societies. My essay outlines a competing explanation by reference to global institutional factors, involving fixed features of our global economic system. It also explores possible global institutional reforms (...) that, insofar as the offered explanation is correct, should greatly improve the prospects for democracy and responsive government in the developing world. (shrink)

The question of what constitutes human flourishing elicits an extraordinary variety of responses, which suggests that there are not merely differences of opinion at work, but also different understandings of the question itself. So it may help to introduce some clarity into the question before starting work on one answer to it.

Nationalism is generally associated with sentiments, ideologies, and social movements that involve strong commitments to a nation, conceived as a potentially self-sustaining community of persons bound together by a shared history and culture. Recent empirical and normative discussions have been concentrated on revisionist instances of nationalism, that is, on sentiments, ideologies, and social movements that aim to gain power, political autonomy, or territory for a particular nation. I will here take a somewhat broader view of nationalism, focusing on persons who (...) have a bland and conservative commitment to their own country. Quite content with thestatus quo,these persons view it as legitimate and even admirable that they and their political leaders should show a pre-eminent concern for preserving and enlarging their own collective advantage. Most citizens of the affluent countries – however condescendingly they may regard the revisionist nationalisms of the Serbs, Kurds, Tamils, Irish, and Québécois – are nationalists in this sense, and extreme ones at that. (shrink)

"The largest Ebola outbreak to date—first detected in December 2013 and still ongoing as of April 2015—has cast new light on the shortfalls of international public health systems.1 As in previous health crises, scrutiny has reemerged over the pharmaceutical industry’s ability and willingness to innovate new medicines for underserved disease areas. The public debate has intensified following revelations that promising drug candidates to treat Ebola had gone undeveloped despite compelling preclinical results.2 This lack of development is especially troubling because it (...) occurred after a recently implemented U.S. incentive scheme—the Food and Drug Administration’s (FDA) tropical disease priority review voucher program—designed to counteract exactly this problem. Taking Ebola as a case in point, it is useful to examine the short history and ongoing refinement of this voucher program, since it represents one of the most significant legislative efforts to systematically address the relative absence of com- mercial rewards for drugs targeting tropical diseases. This analysis evaluates the voucher program’s effectiveness for both stimulating private sector innovation and achieving positive health impacts among populations most severely burdened by tropical diseases. It then proposes specific recommendations for how law- makers can improve the program’s legislation to better achieve these objectives. ". (shrink)

We citizens of the affluent countries tend to discuss our obligations toward the distant needy in terms of donations and transfers, assistance and redistribution. This way of conceiving the problem is a serious moral error, and a very costly one for the global poor. It depends on the false belief that the causes of the persistence of severe povery are indigenous to the countries in which it occurs. There are indeed national and local factors that contribute to persistent poverty in (...) developing countries. But global institutional rules also play an important role in its reproduction, in part by sustaining the national and local factors that affluent Westerners most like to blame for the problem. Since these rules are shaped by our governments, in our name, we bear moral responsibility not merely by assisting the distant poor too little, but also, and more significantly, by harming them too much. (shrink)

This topically organized, interdisciplinary anthology provides competing perspective on the claim that western culture faces a moral crisis. Using clearly written, accessible essays by well-known authors in philosophy, the social sciences, and the humanities, the book introduces students to a variety of perspectives on the current cultural debate about values that percolates beneath the surface of most of our social and political controversies.