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)

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.

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)

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.

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)

Placing Bruno—both advanced philosopher and magician burned at the stake—in the Hermetic tradition, Yates's acclaimed study gives an overview not only of Renaissance humanism but of its interplay—and conflict—with magic and occult practices. "Among those who have explored the intellectual world of the sixteenth century no one in England can rival Miss Yates. Wherever she looks, she illuminates. Now she has looked on Bruno. This brilliant book takes time to digest, but it is an intellectual adventure to read it. Historians (...) of ideas, of religion, and of science will study it. Some of them, after reading it, will have to think again.... For Miss Yates has put Bruno, for the first time, in his tradition, and has shown what that tradition was."—Hugh Trevor-Roper, _New Statesman_ "A decisive contribution to the understanding of Giordano Bruno, this book will probably remove a great number of misrepresentations that still plague the tormented figure of the Nolan prophet."—Giorgio de Santillana, _American Historical Review_ "Yates's book is an important addition to our knowledge of Giordano Bruno. But it is even more important, I think, as a step toward understanding the unity of the sixteenth century."—J. Bronowski, _New York Review of Books_. (shrink)

With the advent of CRISPR gene-editing technology, designer babies have become a reality. Françoise Baylis insists that scientists alone cannot decide the terms of this new era in human evolution. Members of the public, with diverse interests and perspectives, must have a role in determining our future as a species.

An exploration of the central role of indirect modes of expression in ancient China.In what way do we benefit from speaking of things indirectly? How does such a distancing allow us better to discover--and describe--people and objects? How does distancing produce an effect? What can we gain from approaching the world obliquely? In other words, how does detour grant access? Thus begins Francois Jullien's investigation into the strategy, subtlety, and production of meaning in ancient and modern Chinese aesthetic and political (...) texts and events. Moving between the rhetorical traditions of ancient Greece and China, Jullien does not attempt a simple comparison of the two civilizations. Instead, he uses the perspective provided by each to gain access into a culture considered by many Westerners to be strange--"It's all Chinese to me"--and whose strangeness has been eclipsed through the assumption of its familiarity. He also uses the comparison to shed light on the role of Greek thinking in Western civilization. Jullien rereads the major texts of Chinese thought--The Book of Songs, Confucius's Analects, and the work of Mencius and Lao-Tse. He addresses the question of oblique, indirect, and allusive meaning in order to explore how the techniques of detour provide access to subtler meanings than are attainable through direct approaches. Indirect speech, Jullien concludes, yields a complex mode of indication, open to multiple perspectives and variations, infinitely adaptable to particular situations and contexts. Concentrating on that which is not said, or which is spoken only through other means, Jullien traces the benefits and costs of this rhetorical strategy in which absolute truth is absent. (shrink)

If you retain your belief upon learning that a large number and percentage of your recognized epistemic superiors disagree with you, then what happens to the epistemic status of your belief? I investigate that theoretical question as well has the applied case of philosophical disagreement—especially disagreement regarding purely philosophical error theories, theories that do not have much empirical support and that reject large swaths of our most commonsensical beliefs. I argue that even if all those error theories are false, either (...) (a) the average philosopher’s true commonsensical beliefs are epistemically impoverished, or (b) a good portion of philosophy is bunk and philosophers should give up most of their error theories despite the fact that their supporting arguments are generally as good as or even better than other philosophical arguments. (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.

This chapter examines three approaches to applied political and legal philosophy: standard activism, extreme activism, and conceptual activism. They differ from one another in their target audiences, how directly the arguments seek to advance change in the world, and what they take as their measure(s) of success. Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy (...) directly addressed to policy‐makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily targets an audience of fellow philosophers, bears a distant, non‐direct, relation to a desired outcome, and counts success in terms of whether it encourages a particular understanding and adoption of the concepts under examination. (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)

Chaque époque invente de nouvelles pratiques et de nouvelles écritures de la philosophie. La nôtre aurait dû introduire dans celle-ci des mutations au moins équivalentes à celle du cubisme, de l’abstraction, du dodécaphonisme : elle ne l’a fait que très partiellement. Que faire de la philosophie elle-même? Comment changer globalement notre rapport à cette pensée qui se démontre de plus en plus conservatrice et répétitive? Ces deux raisons ensemble sont à l’origine de ce que nous appelons la "non-philosophie", qui n’est (...) pas la négation de la philosophie.--. (shrink)

In 1997, the DfEE suggested that schools should consider 'setting' pupils by ability as it was believed that this would contribute to raising standards. This survey of primary schools aimed to establish the extent to which primary schools, with same and mixed age classes, implement different grouping practices including setting, streaming, within class ability and mixed ability groupings for different curriculum subjects. Schools were asked to complete a questionnaire indicating their grouping practices for each subject in each year group. The (...) findings showed that schools predominantly adopted within class ability groupings, either mixed or ability grouped, for most subjects. Ability grouping (within class and setting) was most common in mathematics, followed by English and science. Its implementation increased as pupils progressed through school. The type of setting adopted, same or cross-age, tended to reflect the nature of the class structures within the school. (shrink)

The Ontology for Biomedical Investigations (OBI) is an ontology that provides terms with precisely defined meanings to describe all aspects of how investigations in the biological and medical domains are conducted. OBI re-uses ontologies that provide a representation of biomedical knowledge from the Open Biological and Biomedical Ontologies (OBO) project and adds the ability to describe how this knowledge was derived. We here describe the state of OBI and several applications that are using it, such as adding semantic expressivity to (...) existing databases, building data entry forms, and enabling interoperability between knowledge resources. OBI covers all phases of the investigation process, such as planning, execution and reporting. It represents information and material entities that participate in these processes, as well as roles and functions. Prior to OBI, it was not possible to use a single internally consistent resource that could be applied to multiple types of experiments for these applications. OBI has made this possible by creating terms for entities involved in biological and medical investigations and by importing parts of other biomedical ontologies such as GO, Chemical Entities of Biological Interest (ChEBI) and Phenotype Attribute and Trait Ontology (PATO) without altering their meaning. OBI is being used in a wide range of projects covering genomics, multi-omics, immunology, and catalogs of services. OBI has also spawned other ontologies (Information Artifact Ontology) and methods for importing parts of ontologies (Minimum information to reference an external ontology term (MIREOT)). The OBI project is an open cross-disciplinary collaborative effort, encompassing multiple research communities from around the globe. To date, OBI has created 2366 classes and 40 relations along with textual and formal definitions. The OBI Consortium maintains a web resource providing details on the people, policies, and issues being addressed in association with OBI. (shrink)

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)

David Miller, Professor of Politics at Oxford University, has long been one of the most important and interesting contributors to political theory and philosophy. He is well known for insisting on the mutual relevance of philosophical reflection and political practice, an approach well captured by the title of his recent book, Justice for Earthlings. In his most recent book, Strangers in our Midst: The Political Philosophy of Immigration, Miller revises and extends the work he has been doing for several years (...) now on immigration. The result is a short yet rich defense of the right of states to control their own immigration policy. (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)

There is a long history of using facts about disagreement to argue that many of our most precious beliefs are false in a way that can make a difference in our lives. In this essay I go over a series of such arguments, arguing that the best arguments target beliefs that meet two conditions: (i) they have been investigated and debated for a very long time by a great many very smart people who are your epistemic superiors on the matter (...) and have worked very hard under optimal circumstances to figure out if the belief is true, and (ii) as far as you know these people have not come to any significant agreement on the belief and as far as you know those who agree with you are not, as a group, in a better position to judge the belief than those who disagree with you. (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 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)

By considering the epistemology and relations among certain philosophical problems, I argue for a disjunctive thesis: either (1) it is highly probable that there are (i) several (ii) mutually independent philosophical reductios of highly commonsensical propositions that are successful—so several aspects of philosophy have succeeded at refuting common sense—or (2) there is enough hidden semantic structure in even simple sentences of natural language to make philosophers highly unreliable at spotting deductive validity in some of the simplest cases—so we are much (...) worse at logic than we think and cannot, in general, know when our own arguments are valid. The untoward consequences of each disjunct are explained. (shrink)

Hunger continues to be one of humanity's greatest challenges despite the existence of a more-than-adequate global food supply equal to 2,800 kilocalories for every person every day. In measuring progress, policy-makers and concerned citizens across the globe rely on information supplied by the Food and Agriculture Organization (FAO), an agency of the United Nations. In 2010 the FAO reported that in the wake of the 2007–2008 food-price spikes and global economic crisis, the number of people experiencing hunger worldwide since 2005–2007 (...) had increased by 150 million, rising above 1 billion in 2009. However, in itsState of Food Insecurity in the World 2012(SOFI 12) the FAO presented new estimates, having revamped its methods and reinterpreted its hunger data back to 1990. The revised numbers for the period 1990–1992 to 2010–2012 reverse the trend to a steadily falling one. Based on the FAO's new calculations, extreme undernourishment peaked in 1990 at a record-breaking one billion, followed by a significant decline through 2006, when progress stalled but did not reverse (see chart below). (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...

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)

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)

The right to eat and to an adequate standard of living for everyone motivates agricultural research assistance to developing countries with the primary objective of assuring sufficient food supply. This article focuses on aspects of food production and related agricultural research with specific examples from animal production. It discusses ethics of agricultural research in light of the utilitarian theory and compares livestock production in developing and developed countries. Major reasons for low outputs of animal production in developing countries are identified, (...) and the potential for increasing the productivity of original, extensive production systems is evaluated. The article reviews the current status of biotechnology in developing countries and discusses several advanced animal technologies. The conclusions emphasize the need to involve local professionals in all phases of research and technology transfer in developing countries, avoidance of research that may worsen the situation of the recipients, sustainability of production systems, and the need for detailed assessment of potential impacts of technology on recipients. (shrink)

The right to eat and to an adequate standard of living for everyone motivates agricultural research assistance to developing countries with the primary objective of assuring sufficient food supply. This article focuses on aspects of food production and related agricultural research with specific examples from animal production. It discusses ethics of agricultural research in light of the utilitarian theory and compares livestock production in developing and developed countries. Major reasons for low outputs of animal production in developing countries are identified, (...) and the potential for increasing the productivity of original, extensive production systems is evaluated. The article reviews the current status of biotechnology in developing countries and discusses several advanced animal technologies. The conclusions emphasize the need to involve local professionals in all phases of research and technology transfer in developing countries, avoidance of research that may worsen the situation of the recipients, sustainability of production systems, and the need for detailed assessment of potential impacts of technology on recipients. (shrink)

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)

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)

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)

Depuis la premiere edition de cet ouvrage en 1958, l'interet porte a la perception de la musique n'a cesse de croitre. Le domaine de recherche tel qu'il se presente aujourd'hui est, heureusement, degage des clivages institutionnels. Il associe psychologues, acousticiens, theoriciens de la musique, informaticiens, neuro-scientifiques et tous ceux qui contribuent au progres de cette discipline [...] L'ouvrage de R. Frances, par l'influence qu'il a exerce, est devenu un classique. Il analyse de maniere detaillee, entre autre, les effets de (...) l'harmonie tonale sur les perceptions des formes melodiques, le processus engage dans l'attribution d'une tonalite, et la representation abstraite des notes et de leur relation avec une tonalite. On y trouvera egalement plusieurs descriptions des differents effets melodiques sur la memoire et de la perception categoriale des notes et des intervalles, ainsi que de stimulantes discussion a propos des schemes melodiques et du role de l'attention dans la perception auditive. L'ouvrage respectte un equilibre judicieux entre les aspects culturels et les aspects biologiques de la question. Tandis qu'il insiste sur l'influence de la duree de l'ecoute et de la pratique du melomane sur la perception de la musique, R. Frances s'appuie sur la litterature concernant les amusies pour illustrer l'analyses des types d'abstractions cognitives executees pour l'auditeur. Prof. Diana Deutsch (Department of Psychology, University of California, San Diego). (shrink)

This paper argues that the concern for distributive justice might be universal rather than contingent on a morally optional relationship, but limited in the demands it places upon us where a reasonable assurance of reciprocity is lacking. Principles of distributive justice apply wherever people are interacting, even if they have no choice but to interact, but are grounded in the goal of constituting relationships of mutual recognition as equals, and so partly conditional on compliance by others. On this view, there (...) is no unilateral duty to share the benefits of cooperation fairly, only a unilateral duty to help establish institutions that will permit fair sharing with a reasonable assurance of reciprocity. (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)

Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on enforcement (...) by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

This paper is a review of Gerald Gaus's The Order of Public Reason. Its initial purpose is to explain how the overall argument of the book is meant to hang together. It also identifies four points at which the argument might be challenged, particularly as it relates to justificatory liberalism’s ‘classical tilt’.

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)