Three Models of Global Community

Debates about global justice tend to assume normative models of global community without justifying them explicitly. These models are divided between those that advocate a borderless world and those that emphasize the self-sufficiency of smaller political communities. In the first case, there are conceptions of a community of trade and a community of law. In the second case, there are ideas of a community of nation-states and of a community of autonomous communities. The nation-state model, however, is not easily justified and is one that has been criticized extensively elsewhere. The model of a community of trade underlies both advocates of market-oriented development and exponents of global schemes of redistribution of resources and incomes. I analyze the work of Charles Beitz, Peter Singer, and Thomas Pogge to show that the assumption that global interdependence is beneficial is poorly justified. The model of a community of law, as seen in the work of Henry Shue and others, is the basis for arguments against state sovereignty and in favor of international human rights regimes. I argue that this model suffers either from a problem of practicability or of hegemony. Finally, the model of a community of autonomous communities uses notions of patriotism and sovereignty to maintain that disengagement and independence are the best routes to global peace and justice.     

Genomic Databases as Global Public Goods?

Recent discussions of genomics and international justice have adopted the concept of 'global public goods' to support both the view of genomics as a benefit and the sharing of genomics knowledge across nations. Such discussion relies on a particular interpretation of the global public goods argument, facilitated by the ambiguity of the concept itself. Our aim in this article is to demonstrate this by a close examination of the concept of global public goods with particular reference to its use in the context of genomic databases. We content that the argument for construing genomics as a global public good depends on seeing it as a natural good by focusing on features intrinsic to genomics knowledge. We shall argue that social and political arrangements are relevant and that recognising this opens the door to construing the use of global public goods language as a strategic one.     

THE CONFLICTING LOYALTIES OF STATISM AND GLOBALISM: CAN GLOBAL DEMOCRACY RESOLVE THE LIBERAL CONUNDRUM?

Abstract: The cosmopolitan ideal of liberal universalism seems to be at odds with liberalism's insistence on national borders for liberal democratic communities, creating disparate standards of distributive justice for insiders and outsiders. The liberal's dilemma on the question of cosmopolitan justice would seem to be an extension of this broader conundrum of conflicting loyalties of statism and globalism. The challenge for liberalism, then, seems to be to show how the practices of exclusive membership embody the principle of moral equality. While discerning a variety of liberal reasons to give some scope to the claim that statism and globalism need not be an irreconcilable dilemma within liberalism, the essay argues that these reasons fail to provide a satisfactory resolution. Instead, the essay points out, global democracy can be the direction for both a statist and a cosmopolitan liberal, and the two camps a case not of conflicting loyalties but of multiple loyalties.     

Terrorism and the New Forms of War

Abstract: The March 2003 American preemptive strike on Iraq and related events pose entirely new conceptual questions about the notion of a valid war. A “war on terrorism” goes well beyond any usual version of the “just‐war” concept, which is itself notoriously difficult, if not impossible, to apply in current international circumstances. The implications of the emerging forms of war are examined and are found to bear in an unexpected way on justifying war, “just war,” and justice in distributional and related respects.     

Neoliberalism versus distributional autonomy: the skipped step in rawls’s the law of peoples

Debates about global distributive justice focus on the gulf between the wealthy North and the impoverished South, rather than on issues arising between liberal democracies. A review of John Rawls’s approach to international justice discloses a step Rawls skipped in his extension of his original-position procedure. The skipped step is where a need for the distributional autonomy of sovereign liberal states reveals itself. Neoliberalism denies the possibility and the desirability of distributional autonomy. A complete Rawlsian account of global justice shows the necessity and possibility of a charter between liberal states, assuring each a proper minimum degree of distributional autonomy     

Global Justice: Is Interventionalism Desirable?

In 1994, the European Parliament published a resolution on the right of humanitarian intervention. Interestingly, the declaration maintains that such intervention is not in contradiction with international law, although it formulates the concept of right in a way that is translatable into the vocabulary of individual rights. I analyze some implications of the resolution for the mutual duties of states. I thereby focus my attention on two possible applications: by way of Rawls's duty of assistance and by way of the cosmopolitan theory of global distributive justice. I conclude that the latter theory promises better results for protecting individuals' basic rights, but I also show that it is at the cost of a strongly interventionist structure requiring a powerful supranational institution. Finally, I envision the conditions under which such an increase of interventionism in favor of human rights can be acceptable.     

Global Inequality and International Institutions

This article considers the links between international institutions and global economic justice: how international institutions might be morally important; how they have changed; and at what those changes imply for justice. The institutional structure of international society has evolved in ways that help to undercut the arguments of those who take a restrictionist position towards global economic justice. There is now a denser and more integrated network of shared institutions and practices within which social expectations of global justice and injustice have become more securely established. But, at the same time, our major international social institutions continue to constitute a deformed political order. This combination of density and deformity shapes how we should think about international justice in general and has important implications for the scope, character, and modalities of global economic justice. Having laid out a view of normative development and where it leads, the article then examines why international distributive justice remains so marginal to current practice.     

关于知情同意的伦理与法律意义之辨析

尊重和自主是知情同意的伦理底线,行善是知情同意的伦理基础。知情同意并不是评判医疗行为是否符合伦理的金标准。伦理上的知情同意与法律上的知情同意,既有区别又相互联系,德法并济是有效履行知情同意的前提。     

The Idea of Public Justification in Rawls’s Law of Peoples

The article examines Rawlss Law of Peoples as an attemptto extend the conception of public justification originallydeveloped in Political Liberalism to the internationaldomain. After briefly sketching the main elements of Rawlssconception of public justification, the article examineshow this is developed in Law of Peoples, pointingout the main differences with the domestic case. The articlethen tries to show that Rawlss justificatory strategy containsa number of inconsistencies which undermine the persuasivenessof the conception of international justice he advocates. Thisin turn can be traced back to the failure fully to addressthe constituency problem facing theories ofpublic justification.     

Global poverty: four normative positions

Global poverty is a huge problem in today's world. This survey article seeks to be a first guide to those who are interested in, but relatively unfamiliar with, the main issues, positions and arguments in the contemporary philosophical discussion of global poverty. The article attempts to give an overview of four distinct and influential normative positions on global poverty. Moreover, it seeks to clarify, and put into perspective, some of the key concepts and issues that take center stage in the philosophical discussion of global poverty. The four positions to be discussed are labeled the Maximalist Position, the Minimalist Position, Intermediate Position I and Intermediate Position II. After an account of these four distinct positions, we turn, in the conclusion, to a discussion of what role empirical sciences such as economics and political science should play in normative considerations about global poverty.     

The International Significance of Human Rights

A comparative examination of four alternative ways of understandingwhat human rights are supports an institutional understanding assuggested by Article 28 of the Universal Declaration: Human rightsare weighty moral claims on any coercively imposed institutionalorder, national or international (as Article 28 confirms). Any suchorder must afford the persons on whom it is imposed secure accessto the objects of their human rights. This understanding of humanrights is broadly sharable across cultures and narrows the philosophical and practical differences between the friends ofcivil and political and the champions of social, economic, andcultural human rights. When applied to the global institutionalorder, it provides a new argument for conceiving human rights asuniversal – and a new basis for criticizing this order as tooencouraging of oppression, corruption, and poverty in the developing countries: We have a negative duty not to cooperatein the imposition of this global order if feasible reforms ofit would significantly improve the realization of human rights.     

Immigration

It is not a fundamental human right to live wherever one would most like to be. We have to ask when a state should admit people not its citizens wishing to enter and settle within its territory. To exclude someone from entry to a country where he wishes to settle infringes his liberty. When anybody's liberty is infringed or curtailed the onus of proof lies upon those who claim a right to infringe or curtail it, other things being equal. This paper argues that there are two reasonable grounds for refusing entry to would-be immigrants. First, in order to avoid genuine overpopulation; and second, to protect vulnerable cultures being submerged by large numbers of people of a more robust culture. Neither of these restrictions applies in the case of Britain and the paper concludes by demanding an immediate liberalisation of immigration laws and immediate public recognition by government of the benefits of immigration and determined discouragement of xenophobic propaganda against it. This revised version was published online in July 2006 with corrections to the Cover Date.     

A Just Global Economy: In Defense of Rawls

In The Law of Peoples, John Rawls does not discuss justice and the global economy at great length or in great detail. What he does say has not been well-received. The prevailing view seems to be that what Rawls says in The Law of Peoples regarding global economic justice is both inconsistent with and a betrayal of his own liberal egalitarian commitments, an unexpected and unacceptable defense of the status quo. This view is, I think, mistaken. Rawls’s position on global or international economic justice is richer, more nuanced, and generally more compelling than his critics have been willing to acknowledge. My aim in this essay is to sympathetically set out, and then defend against two common families of objection to, Rawls’s position on global or international economic justice. Objections of the first sort reject Rawls’s position as inadequately attentive to the material and economic interests of individual persons worldwide. Objections of the second sort reject it as inadequately attentive to the material and economic interests of well-ordered peoples. Throughout the paper I develop several arguments implicit in The Law of Peoples but not well-developed there as well as offer some additional arguments of my own consistent with the spirit of The Law of Peoples and Rawls’s work more generally. I conclude with some brief remarks expressing two worries I have about Rawls’s position – one concerning global public goods, the other concerning the formation of a morally adequate and effective political will within the international context under contemporary conditions. I wish to thank Alyssa Bernstein, Allen Buchanan, Samuel Freeman, John Hardwig, John Mandle, Rex Martin, Jim Nickel, Walter Riker, Kok-Chor Tan, and Leif Wenar for helpful comments or instructive conversation regarding earlier drafts of this paper.