Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.

Short Arguments: Some General Rules Arguments begin by marshaling reasons and organizing them in a clear and fair way. Chapter I offers general rules for ...

Public reasoning is widely thought to be essential to democracy, but there is much disagreement about whether such deliberation should be constrained by a principle of public reason, which may seem to conflict with important democratic values. This paper denies that there is such a conflict, and argues that the distinctive contribution of public reason is to constitute a relationship of civic friendship in a diverse society. Acceptance of public reason would not work against mutual understanding, learning, or compromise, nor (...) does the principle involve any violation of political equality. The real threat to democracy is not public reason, but the framing of public reason by a presumption against state action. (shrink)

Taking a refreshingly hands-on approach to introductory ethics, A 21st Century Ethical Toolbox provides students with a set of tools to help them understand and make a constructive difference in real-life moral controversies. Thoroughly optimistic, it invites students to approach ethical issues with a reconstructive intent, making room for more and better options than the traditional "pro" and "con" positions that have grown up around tough problems like abortion and animal rights. Ideal for introductory and applied ethics courses, this unique (...) text does not treat ethics as a purely academic, historical, or theoretical subject, but as a wide-ranging and ongoing set of challenges that calls for multiple and interwoven kinds of intelligence. It covers the skills that are most vital to making real progress in ethics, including paying careful attention to the values at stake on all sides of an issue; looking for creative opportunities within difficult problems; critical-thinking skills such as defining key terms and making sure to judge similar cases alike; and learning how to engage in constructive dialogue. Instructors can readily use the experiential and applied activities inspired by this "toolbox" of practical skills to design an interactive and collaborative ethics course. Students can carry these essential skills directly from this book into such projects as campaigning for environmental awareness and staffing local homeless shelters. In addition to his own discussion, Weston includes gripping and provocative short selections from essayists, activists, and philosophers, and also cites his own students. Extensive "Exercises and Notes" sections end each chapter, and a detailed appendix offers instructors advice on how to use the Toolbox in the classroom. (shrink)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (shrink)

A Practical Companion to Ethics, Fourth Edition, is a concise and accessible introduction to the basic attitudes and skills that make ethics work, like thinking for oneself, creative and integrative problem-solving, and keeping an open mind. This unique volume illuminates the broad kinds of practical intelligence required in moral judgment, complementing the narrower theoretical considerations that often dominate ethics courses. The optimistic tone and brisk pace of the narrative provide an entertaining and intelligent guide to "everyday" morality. The fourth edition (...) features a new chapter on ethical theories; significantly revised and expanded chapters on conflicts of value and creative problem- solving in ethics; and a new concluding chapter on "Making a Difference, " which explains how students can incorporate ethical thinking and practice into their daily lives. (shrink)

Elements comprising a set of building blocks for a feminist reconstruction of citizenship might include: a critical synthesis of citizenship as a status and a practice; strengthening the inclusive side of citizenship (within and across nation-states); the principle of differentiated universalism, addressing tensions between an analysis grounded in difference and the universalism standing at the heart of citizenship; and a challenge to the binary thinking that constrains the articulation of women's claims to citizenship.

This popular selection of Wittgenstein’s key writings has now been updated to include new material relevant to recent debates about the philosopher. Follows the evolution of Wittgenstein’s philosophical thought from the Tractatus Logico-Philosophicus through to the Philosophical Investigations. Excerpts are arranged by topic and introduce readers to all the central concerns of Wittgenstein’s philosophy. Now includes a new chapter on ‘Sense, Nonsense and Philosophy’ incorporating material relevant to recent debates about Wittgenstein.

Few issues cause academics to disagree more than gender and race, especially when topics are addressed in terms of biological differences. To conduct research in these areas or comment favorably on research can subject one to scorn. When these topics are addressed, they generally take the form of philosophical debates. Anthony Walsh focuses upon such debates and supporting research. He divides parties into biologists and social constructionists, arguing that biologists remain focused on laboratory work, while constructionists are acutely aware (...) of the impact of biologists in contested territories. "Science Wars" introduces the ideas motivating the parties and examines social constructionism and its issues with science. He explores arguments over conceptual tools scientists love and constructionists abhor, and he provides a solid discussion of the co-evolution of genes and culture. Walsh then focuses his attention on gender, how constructionists view it, and the neuroscience explanation of gender differences. Moving to race, Walsh looks at how some have tried to bury the concept of race, while others emphasize it. He considers definitions of race--essentialist, taxonomic, population, and lineage--as they have evolved from the time of the Enlightenment to the present. And finally, he attempts to bring the opposing sides together by pointing out what each can bring to a meaningful discussion. (shrink)

In the face of the Brexit vote and the election of Trump, there is serious worry about whether the liberal, democratic, and cosmopolitan values thought to underlie progressive immigration policies are in fact widely shared. In this article, I examine these worries and provide suggestions about how those who do favor just progressive immigration policies might best respond to the problems we currently face.

While philosophers of mind have been arguing over the status of mental representations in cognitive science, cognitive scientists have been quietly engaged in studying perception, action, and cognition without explaining them in terms of mental representation. In this book, Anthony Chemero describes this nonrepresentational approach, puts it in historical and conceptual context, and applies it to traditional problems in the philosophy of mind. Radical embodied cognitive science is a direct descendant of the American naturalist psychology of William James and (...) John Dewey, and follows them in viewing perception and cognition to be understandable only in terms of action in the environment. Chemero argues that cognition should be described in terms of agent-environment dynamics rather than in terms of computation and representation. After outlining this orientation to cognition, Chemero proposes a methodology: dynamical systems theory, which would explain things dynamically and without reference to representation. He also advances a background theory: Gibsonian ecological psychology, "shored up" and clarified. Chemero then looks at some traditional philosophical problems through the lens of radical embodied cognitive science and concludes that the comparative ease with which it resolves these problems, combined with its empirical promise, makes this approach to cognitive science a rewarding one. "Jerry Fodor is my favorite philosopher," Chemero writes in his preface, adding, "I think that Jerry Fodor is wrong about nearly everything." With this book, Chemero explains nonrepresentational, dynamical, ecological cognitive science as clearly and as rigorously as Jerry Fodor explained computational cognitive science in his classic work The Language of Thought. (shrink)

For many years now Allen Buchanan has been one of the most important theorists working on the philosophy of human rights, producing a large number of papers and two books significantly devoted to the topic. In the work under consideration in this symposium, Buchanan breaks new ground by examining what he claims to be the “heart” of international human rights practice – the international legal human rights (“ILHR”) system, subjecting it to moral and philosophical analysis and criticism. Buchanan's book was (...) the subject of an author meets critics session sponsored by the APA Committee on Law and Philosophy at the 2015 Pacific APA Meeting. The following paper introduces the resulting special issue of the journal, _Law and Philosophy_, summarizing Buchanan's important contribution and criticisms by William Talbot, Brooke Ackerley, Erin Kelly, and Mathias Risse, as well as Buchanan's replies. (shrink)

On June 10, 1480, William Caxton issued his edition of the Chronicles of England, based on the Middle English prose Brut. On August 18 of the same year he issued the Description of Britain, a short work adapted from John Trevisa's translation of Ranulph Higden's Polychronicon. Two years later, at some point between July 2 and November 20, 1482, Caxton published his full edition of Trevisa's Polychronicon, and on October 8 of the same year he issued a second edition of (...) the Chronicles of England. (shrink)

Public reason in practice and theory -- False starts: unsuccessful justifications of public reason -- Respect for persons as a constraint on coercion -- Higher-order unanimity escape clause -- Civic friendship as a constraint on reasons for decision -- Public reason and (same-sex) marriage.

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...) who are unable to meet their basic needs on their own as ‘refugees’, and to extend to them the sorts of protections established under the United Nations Refugee Convention. Such an approach would expand the traditional refugee definition significantly. Unlike most academic commentators discussing this issue, I reject calls for an expanded refugee definition, and instead defend the core elements of the definition set out in the 1967 Protocol to the United Nations Refugee Convention. Using the tools of moral and political philosophy, I explain in this article how the group picked out by this definition has particular characteristics that make refugee protection distinctly appropriate for it. While many people in need of assistance can be helped ‘in place’, in their home countries, or by providing a form of temporary protected status to them, this is not so, I show, of convention refugees. The group picked out by the UN refugee definition is a normatively distinct group to whom we owe particular duties, duties we can only meet by granting them refuge in a safe country. Additionally, there are further practical reasons why a broader refugee definition may lead to problems. Finally, I argue that rejecting the call for a broader definition of refugees will better help us meet our duties to those in need than would an expanded definition. (shrink)

The significance of consciousness in modern science is discussed by leading authorities from a variety of disciplines. Presenting a wide-ranging survey of current thinking on this important topic, the contributors address such issues as the status of different aspects of consciousness; the criteria for using the concept of consciousness and identifying instances of it; the basis of consciousness in functional brain organization; the relationship between different levels of theoretical discourse; and the functions of consciousness.

This powerful critique of Marx's historical materialism - as a theory of power, as an account of history, and as a political theory -has been revised to take note of the profound intellectual and political changes that have occurred since the first edition was published. Reviews from the first edition 'Giddens draws upon a formidable knowledge of anthropology, archaeology, geography, and philosophy to demonstrate the limitations of Marxism and to formulate his own interpretation of the history of societies ... He (...) does a masterful job of setting his theory within a historical and critical framework of writings on Marx. His clarity of thought and his deft and often humorous handling of the unavoidable jargon of sociology and Marxist political theory makes this book a critical work of the highest quality.' Journal of International Law and Politics 'By contrast with many practictioners in the rather murky area of social theory, Giddens clearly seeks to make himself understood, and he has the useful quality of provoking one to argument. He has let light into some dark places.' The Times Higher Education Supplement 'Although Marx, Durkheim, and Weber continue to fill more index space than any other authors, Critique is Giddens's most explicit and committed statement of his own conceptualization of social theory ... It is his most original and therefore most vulnerable book, at once a cause for celebration and an invitation to critical reappraisal of the author's entire theoretical project.' Environment and Planning. (shrink)

In this paper, I examine a variety of agents that appear in Kantian ethics in order to determine which would be necessary to make a robot a genuine moral agent. However, building such an agent would require that we structure into a robot’s behavioral repertoire the possibility for immoral behavior, for only then can the moral law, according to Kant, manifest itself as an ought, a prerequisite for being able to hold an agent morally accountable for its actions. Since building (...) a moral robot requires the possibility of immoral behavior, I go on to argue that we cannot morally want robots to be genuine moral agents, but only beings that simulate moral behavior. Finally, I raise but do not answer the question that if morality requires us to want robots that are not genuine moral agents, why should we want something different in the case of human beings. (shrink)

Dr Edwards' stimulating and provocative book advances the thesis that the appropriate axiomatic basis for inductive inference is not that of probability, with its addition axiom, but rather likelihood - the concept introduced by Fisher as a measure of relative support amongst different hypotheses. Starting from the simplest considerations and assuming no more than a modest acquaintance with probability theory, the author sets out to reconstruct nothing less than a consistent theory of statistical inference in science.

Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them (...) refuge in a safe state for an indefinite period of time, and argued that this does not include most people fleeing from natural disasters. This claim is most strongly challenged by possibility of displacement from climate change. In this paper I will explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change, and will argue that the logic of the refugee convention tells in favor of extending refugee protection to a portion of those who must flee their homes because of climate-change related environmental problems. (shrink)

One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, redistribution (...) is legitimate if chosen democratically. This article explores two problems with this response. First, there are different ways to describe the set of possible policies, and so different ways to specify the noncoercive default that obtains in the absence of conclusive justification. Second, if the coercive exercise of political power must be conclusively justified, policies that are more coercive ought to require conclusive justification as against policies that are less coercive. These problems about the baseline with respect to which we require public justification raise the question of how we measure coercion, and whether or in what sense there is a presumption against coercion. The article distinguishes and argues against three such presumptions. (shrink)

This article traces John Rawls’s debt to Frank Knight’s critique of the ‘just deserts’ rationale for laissez-faire in order to defend justice as fairness against some prominent contemporary criticisms, but also to argue that desert can find a place within a Rawlsian theory of justice when desert is grounded in reciprocity. The first lesson Rawls took from Knight was that inheritance of talent and wealth are on a moral par. Knight highlighted the inconsistency of objecting to the inheritance of wealth (...) while taking for granted the legitimacy of unequal reward based on differential productive capacity. Rawls agreed that there was an inconsistency, but claimed that it should be resolved by rejecting both kinds of inequality, except to the extent they benefitted the worst off. The second lesson Rawls learned from Knight was that the size of one’s marginal product depends on supply and demand, which depend on institutional decisions that cannot themselves be made on the basis of the principle of rewarding marginal productivity. The article claims that this argument about background justice overstates its conclusion, because the dependence of contribution on institutional setup is not total. Proposals for an unconditional basic income may therefore have a strike against them, as far as a reciprocity-based conception of desert is concerned. If we follow Knight’s analysis of the competitive system, however, so too does the alternative of leaving determination of income up to the market. (shrink)

This paper addresses the question of whether the duties associated with public reason are conditional on reciprocity. Public reason is not a norm intended to stabilize commitment to justice, but a moral principle, albeit one that is conditional on reciprocity because grounded in the idea of mutual respect despite ongoing moral disagreement. We can build reciprocity into the principle by stipulating that unanimous acceptability is required only with respect to points of view accepting the principle. If compliance with law is (...) assured, then the duties of public reason associated with authorship of law should be considered conditional on reciprocity only in this ‘internal’ sense, which is not proportional but bi-lateral. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Part 1 - Beginnings: from Pythagoras to Plato -- Schools of thought: from Aristotle to Augustine -- How to argue: logic -- Knowledge and its limits: epistemology -- How things happen: physics -- What there is: metaphysics -- Soul and mind -- How to live: ethics -- God.

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what (...) follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why it ought to have a privileged place in our discussion of the topic. I further show why this style of argument neither allows states to limit nearly all immigration nor requires them to have almost no limits on immigration. I conclude by showing that all states must allow some degree of family-based immigration, and that this is a duty owed not to ‘outsiders’ seeking to enter, but rather to current citizens. (shrink)

There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...) us all poorer and less free. Like Rawls, Hayek held that we should assess social institutions from behind a veil of ignorance, and he thought that doing so pushed us toward egalitarianism. Most of the distance between Hayek and Rawls at the level of policy stems from Hayek's optimism about the operation of markets, his equivocation about the meaning of central concepts, and his appeal to under-argued slippery slopes. Hayek wavered, however, between claiming that private property and markets benefit everyone, compared to the feasible alternatives, and the principle that they maximize the opportunities of a randomly selected member of society, i.e., aggregate opportunity. Contemporary Hayekians claim that capitalism raises the position of the worst off in the long run, in future generations, whereas Rawlsians insist that inequalities between social positions should benefit the worst off now. (shrink)

There is no doubt that the model presented here is incomplete. Many important categories, particularly negation and the adverbials, have been entirely ignored, and the treatment of Tense and the affixes is certainly inadequate. It also remains to be seen how the many constructions that have been ignored here are to be accommodated within the framework that has been outlined. However, the fact that a standard categorial lexicon, plus the four rule schemata, seems to come close to exhaustively specifying the (...) main clause constructions of English, and also seems to explain a number of major constraints on transformations, encourages us to compare the theory with certain alternatives, and to examine its broader implications. (shrink)

This article reconsiders the reciprocity objection to unconditional basic income based on the idea that reciprocity is not only a duty but a limiting condition on other duties. If the objection wer...

Meillassoux seeks knowledge of transcendental reality, blaming Kant for the ‘correlationist’ proscription of independent access to either thought or being. For Meillassoux, correlationism blocks an account of the meaning of ‘ancestral statements’ regarding reality prior to humans. I examine three charges on which Meillassoux’s argument depends: (1) Kant distorts ancestral statements’ meaning; (2) Kant fallaciously infers causality’s necessity; (3) Kant’s transcendental idealism cannot grasp ‘the great outdoors’. I reject these charges: (1) imposes a Cartesian misreading, hence Meillassoux’s false assumption that, (...) for Kant, objects don’t exist without subjects; (2) misreads Kant, who infers causality’s necessity from the possibility of experience; (3) casts Kant’s idealism as subjective, ignoring his perspectival portrayal of it. (shrink)

In this series of extended interviews with Chris Pierson, Giddens lays out the principal themes in the development of his social theory and the distinctive political agenda which he recommends.

The primary difference between direct and inferential theories of perception concerns the location of perceptual content, the meaning of our perceptions. In inferential theories of perception, these meanings arise inside animals, based upon their interactions with the physical environment. Light, for example, bumps into receptors causing a sensation. The animal (or its brain) performs inferences on the sensation, yielding a meaningful perception. In direct theories of perception, on the other hand, meaning is in the environment, and perception does not depend (...) upon meaning- conferring inferences. Instead the animal simply gathers information from a meaning- laden environment. But if the environment contains meanings, then it cannot be merely physical. This places a heavy theoretical burden on direct theories of perception, a burden so severe that it may outweigh all the advantages to conceiving perception as. (shrink)

Anthony Rudd presents a striking new account of the self as an ethical, evaluative being.

Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration standing (...) that is not available to adults. Despite the fact that these benefits are extremely widespread, the justification for them remains less than fully clear, and the extent of the benefits required by considerations of justice (as opposed to expediency or other policy considerations) is debated. While essentially all states recognize at least some of these rights, a significant number of them wish to reduce, rescind, or place significant conditions on them. The role of the family in immigration policy, then, stands in need of further clarification. In this paper I attempt to provide the needed clarification and justification. I discuss first questions about family unification or formation, focusing in particular on how broad a right must be provided by states wishing to have a just immigration policy, and on whether this right violates norms of liberal neutrality. I then discuss the family in relation to refugee and asylum policy, considering both when family ties should be given weight in refugee protection decision and when harm to a family member should, on its own, be able to be grounds for applying for refugee protection. I turn next to the question of when, and to what extent, family ties should be able to serve as a “shield” to removal or deportation, and finish with a discussion of the special rights of and obligations to children in immigration settings. (shrink)

One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...) also claiming it to be true. In preferring to claim reasonableness rather than truth, Rawls's main concern seems to have been to distinguish the ‘whole truth’ as represented by a particular comprehensive religious or philosophical doctrine, from the truth about politics given that reasonable people will inevitably disagree about the whole truth. (shrink)

Anthony Quinton; I*—The Presidential Address: Social Objects, Proceedings of the Aristotelian Society, Volume 76, Issue 1, 1 June 1976, Pages 1–28, https://doi.

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional duty (...) to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...) philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)