Practical Nationalism and Global Duties of Justice

Abstract

The interrelated causes and consequences of enviromnental degradation, poverty, and war are creating a dangerous snowball effect that poses a real threat to people in every nation. While moral arguments for cosmopolitanism may be subject to nationalist objections, the practical argument becomes more convincing as the long-term consequences of global injustice unfold. Contemporary conditions demand a critical re-examination of what is at stake in the question of global justice: when understood as highly influential to all national spheres, the global sphere of justice may turn out to be just as relevant to nationalists as it is to cosmopolitans. Given the pressing nature of the practical demands posed by poverty, war, and enviromnental destruction, it may well be in the best interest of everyone’s co-nationals to prioritise global duties of justice, at least for the time being.     

Labor as the Basis for Intellectual Property Rights

In debates about the moral foundations of intellectual property, one very popular strand concerns the role of labor as a moral basis for intellectual property rights. This idea has a great deal of intuitive plausibility; but is there a way to make it philosophically precise? That is, does labor provide strong reasons to grant intellectual property rights to intellectual laborers? In this paper, I argue that the answer to that question is “yes”. I offer a new view, different from existing labor theories of intellectual property, which I call the productive capacities view. This view gives us a way to make sense of the idea of labor as the basis for intellectual property rights, as well as a tool for critically evaluating existing intellectual property institutions.     

全球正义——日益扩展的行动范围

各种正义概念 在《理想国》的十卷著作中,苏格拉底的问题"什么是正义?"导致了人们分别在个体和社会那里对正义的本性进行研究.     

Joint Duties and Global Moral Obligations

In recent decades, concepts of group agency and the morality of groups have increasingly been discussed by philosophers. Notions of collective or joint duties have been invoked especially in the debates on global justice, world poverty and climate change. This paper enquires into the possibility and potential nature of moral duties individuals in unstructured groups may hold together. It distinguishes between group agents and groups of people which – while not constituting a collective agent – are nonetheless capable of performing a joint action. It attempts to defend a notion of joint duties which are neither duties of a group agent nor duties of individual agents, but duties held jointly by individuals in unstructured groups. Furthermore, it seeks to illuminate the relation between such joint duties on the one hand and individual duties on the other hand. Rebutting an argument brought forward by Wringe, the paper concludes that it is not plausible to assume that all humans on earth can together hold a duty to mitigate climate change or to combat global poverty given that the members of that group are not capable of joint action. ¹      

Natural Duties of Justice in a World of States

The agency objection to applying distributive justice globally is that principles of distributive justice need to apply to the behaviour of a special kind of institutional agent of distributive justice because of the special powers of that agent. No such agent exists capable of configuring cooperative arrangements between all persons globally, and so distributive justice does not apply globally. One response to institutional views of this kind is that they do not rule out Natural Duties of Justice that fall on all of us to bring about institutional agencies capable of global distributive justice. In this article I argue that this move presupposes a particular, teleological, conception of justice whilst institutional accounts most plausibly rest on a non‐teleological one. I provide an argument for favouring the non‐teleological conception. I also show why alternative ways of arguing for global Natural Duties of Justice do not get around this controversy. The debate is at the level of presuppositions about justice, and relying on a partisan conception is question begging.     

Basic Positive Duties of Justice and Narveson's Libertarian Challenge

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 principled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be 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 provide 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.     

Rights,Duties and the Separateness of Persons

Let the fact of the separateness of persons be that we are separate individuals, each with his or her own life to lead. This is to be distinguished from the doctrine of the separateness of persons: the claim that the fact of our separateness is especially deep and important, morally speaking. In this paper, I argue that we ought to reject this doctrine. I focus most of my attention on the suggestion that the separateness of persons best explains the importance we attach to moral rights. After criticizing Nozick's use of the doctrine, I formulate an alternative account of the significance of rights. I then show how proponents of the doctrine of separateness have no principled way of distinguishing between egoism and moral libertarianism. I suggest that rejecting the doctrine of our separateness for the reasons I propose ensures that we need have no fear of having to embrace consequentialism as a result.     

Global Distributive Justice

The paper discusses the problem of global distributive justice. It proposes to distinguish between principles for the domestic and for the global or intersocietal distribution of wealth. It is argued that there may be a plurality of partly diverging domestic conceptions of distributive justice, not all of which need to be liberal egalitarian conceptions. It is maintained, however, that principles regulating the intersocietal distribution of wealth have to be egalitarian principles. This claim is defended against Rawls's argument in The Law of Peoples that egalitarian principles of distributive justice should not be applied globally. Moreover, it is explained in detail, why Rawls's "duty of assistance to burdened societies" cannot be an appropriate substitute for a global principle of distributive justice.     

Rights, Duties and Responsibilities in Health Care

ABSTRACT The value of autonomy is generally stated to be of prime importance in relation to health care. Arising out of this, rights of the patient to and in health care have been extensively discussed and stated, and have found expression in law. There have been minimal statements of the rights of others involved in health care, such as caregivers, and minimal discussion of duties and responsibilities in relation to rights claimed and conferred. The author suggests that no claim to rights in health care should now be accepted without consideration of related duties and responsibilities.     

Priorities of Global Justice

One-third of all human deaths are due to poverty-related causes, to malnutrition and to diseases that can be prevented or cured cheaply. Yet our politicians, academics, and mass media show little concern for how such poverty might be reduced. They are more interested in possible military interventions to stop human rights violations in developing countries, even though such interventions – at best – produce smaller benefits at greater cost. This Western priority may be rooted in self-interest. But it engenders, and is sustained by, a deeply flawed moral presentation of global economic cooperation. The new global economic order we impose aggravates global inequality and reproduces severe poverty on a massive scale. On any plausible understanding of our moral values, the prevention of such poverty is our foremost responsibility.     

Cosmopolitanism and Global Justice

Philosophical attention to problems about global justice is flourishing in a way it has not in any time in memory. This paper considers some reasons for the rise of interest in the subject and reflects on some dilemmas about the meaning of the idea of the cosmopolitan in reasoning about social institutions, concentrating on the two principal dimensions of global justice, the economic and the political.Opening address of the Mini-Conference on Global Justice, American Philosophical Association Pacific Division, 2004 Annual Meeting, Pasadena, California, March 27, 2004. I am grateful for comments to Darrel Moellendorf and to my copanelists Michael Blake, Kristen Hessler, Jon Mandle, Mathias Risse and Leif Wenar.