National responsibility,global justice and exploitation: a preliminary analysis

This article addresses the problem of filling in a missing component of David Miller's non-cosmopolitan theory of global justice, as elaborated in his recent National responsibility and global justice (Oxford: Oxford University Press, 2007). Miller originally included non-exploitation as one of the norms of global justice, but he does not provide a theory of exploitation in his recent book. This article is a preliminary attempt to suggest how Miller might fill in this gap. This article identifies the problems Miller faces in coming up with a theory of exploitation, given the limits imposed by the other parts of his theory of global justice. It examines and criticises several possible theories of exploitation that Miller might use. Finally, it argues that a modified version of Hillel Steiner's liberal theory of exploitation fits into Miller's overall theory of global justice.     

Generation Units and the Student Protest Movement in the United States: An Intra- and Intergenerational Analysis

The American student protest movement provides exceptional opportunities to observe how formative political experiences can affect intragenerational cleavages over the adult life span and how they may reflect on intergenerational continuities. Long-term national panel data from the high school class of 1965 and data from their parents and offspring are used here to exploit these opportunities. The results show that a sharp rift in political participation and attitudes emerged between protesters and non-protesters during the protest era, a rift that persists into mid-life and one that testifies to the conceptual utility of generation units. Continuities across the three lineage generations are demonstrated by the moderate similarities in the ideological and participative orientations that are associated with the protest status of the student generation.     

Feminist Perspectives on the Human Rights Act: Two Cheers for Incorporation

This paper considers feministperspectives on the Human Rights Act. Itdiscusses the reasons why many feminists aresceptical regarding the impact the Act willhave on women's lives, including theimplications for anti-discrimination law,problems with the framework of rights in theEuropean Convention and deeper difficulties facingfeminism in negotiating rights discourse. Whileacknowledging these problems, it is argued thatthere are grounds for a more positiveinterpretation of incorporation. Questions arethen raised about the nature and scope of rightsand the role of the state in challenging genderinequality.     

Collective Responsibility

The basic bearer of responsibility is individuals, because that isall there are – nothing else can literally be the bearer of fullresponsibility. Claims about group responsibility therefore needanalysis. This would be impossible if all actions must be understoodas ones that could be performed whether or not anyone else exists.Individuals often act by virtue of membership in certain groups;often such membership bears a causal role in our behavior, andsometimes people act deliberately in order to promote the prospectsof members of a given group. Nevertheless, it is rational to awardproportionally to individual contributions to those actions andindividual shares in the production of the consequences of thoseactions.     

International Human Rights and National Discretion

This paper argues that the EuropeanCourt of Human Rights couldserve as a model for an international court ofhuman rights to be builtupon the United Nations Committee on HumanRights. It argues that theconcerns states might have over the surrenderof a significant portion oftheir national sovereignity might be lessenedif such an internationalcourt were to incorporate the margin ofappreciation doctrine employed bythe European Court of Human Rights. Thisdoctrine is intended to respectthe customs and traditions of sovereign statesin dealing with humanrights issues, while maintaining that somerights such as the right not tobe tortured will be considered as basic andwill stand independently ofthe customs and traditions of sovereignstates.     

如何认识普世伦理——论道德的普遍性与特殊性之关系

普世伦理就是道德的普遍性,它存在于特殊性之中。离开特殊性的普遍性是不存在的。     

知情同意的临床实践存在的问题及对策

临床医疗实践中贯彻实施知情同意原则旨在保护病人的权益不受侵犯,然而知情同意原则实施起来并不简单,它常常会受到主客体两方面种种因素的制约,陷入意想不到的困境。分析了知情同意原则在实施过程中可能出现的一些难以回避的问题,并针对这些问题探讨了若干对策。     

JUST WAR THEORY,HUMANITARIAN INTERVENTION,AND THE NEED FOR A DEMOCRATIC FEDERATION

The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self‐defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth‐century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the “just authority” of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near‐unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions.