The world is in the early stages of what will be the greatest health crisis since the advent of modern medical technologies. Millions of people—particularly people in many of the world's poor countries—are infected with HIV. The vast majority of these people will go without modern medical intervention or substantial treatment, and will rapidly develop AIDS. The extent of this problem presents profound moral and ethical questions for the world's wealthy people and countries, for it is they who are most (...) able to assist the poor in managing and reversing this human tragedy. (shrink)

This is the first definitive monograph on the concept of obligations erga omnes---international obligations owed to the international community as a whole and binding irrespective of consent---an increasingly important concept in contemporary international law. Ragazzi adopts a pragmatic approach that identifies five common elements among the examples of obligations erga omnes given by the International Court. These five common elements are then discussed in the light of other candidates of obligations erga omnes (...) which have emerged in State practice and international literature. (shrink)

Recent scholarship has tied duties of distributive justice to the existence of coercive institutions. This body of work argues that, because the international system lacks institutions that can coerce individuals in the same manner as domestic institutions, there are no international obligations to address relative poverty and inequality. Proponents of this view use it to support the existence of a compatriot preference that requires us to meet the needs of compatriots before meeting those of the global poor. (...) Even supposing distributive justice to be linked to coercion, coercive institutions do exist at the international level. These institutions coerce states rather than individuals, but their ability to coerce gives rise to duties of economic redistribution between states. (shrink)

The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems (...) with exclusion including restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity. -/- Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute". (shrink)

(2010). International Research and Positive Obligations: Are They “Transaction Specific”? The American Journal of Bioethics: Vol. 10, No. 6, pp. 49-51.

It is natural to think of political philosophy as being concerned with reflection on some of the ways in which groups of human beings come together to confront together the problems that they face together: in other words, as the domain, par excellence, of collective action. From this point of view it might seem surprising that the notion of collective obligation rarely assumes centre-stage within the subject. If there are, or can be, collective obligations, then these must surely constrain (...) the ways in which we can act collectively. Indeed, one might even suspect that considerations about collective obligations ought to play a central role in demarcating the form that any legitimate form of political organization ought to take. -/- Elsewhere I have argued that we have good reasons for accepting the existence of global collective obligations - in other words, collective obligations which fall on the world’s population as a whole.(Wringe 2006, 2010, forthcoming, under review) For example, the existence of such obligations provides a plausible solution to a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. Call such an obligation the ‘Obligation to Promote Satisfactory Global Institutions.’ I shall also examine a significant challenge to this line of argument, which I call the ‘Pluralist Challenge’ One might suppose that the ‘Obligation to Promote Satisfactory Global Institutions’ could be met by providing strategic support to attempts to modify and extend existing international institutions. After all, creating new institutions is a difficult matter: perhaps it would be better, especially where stringent obligations are concerned, to concentrate on those institutions which we already have. On the other hand, existing international institutions are subject to a range of significant moral and ethical criticisms. It would simply be naïve to suppose that their existence of such institutions is based on an international consensus about what justice requires; and it is not clear how we could motivate individuals who have severe ethical reservations about the existence of such institutions, or why we should wish to. This suggests that those who think that there are global collective obligations, and that such obligations should play an important role in shaping how we think of international distributive justice are faced with a significant dilemma: either support a program of extending and strengthening existing institutions in a way which risks entrenching some existing forms of injustice; or commit oneself to a program of attempting to build new institutions which will have to compete with those institutions we have already and which are unlikely to be in a position to meet help us to discharge our collective obligations at any point in the near future. Neither option seems satisfactory. I shall argue that our response should be to look for plausible ethical constraints on how international institutions should be developed, and suggest that these constraints are likely to take a cosmopolitan form. (shrink)

Effective efforts to protect the global environment will require the willing cooperation of the world's poor. Persuading them to join international environmental agreements and to choose environmentally sustainable development requires substantial concessions from the affluent industrialized countries, including additional financial assistance and technology transfers. The affluent countries ought to provide such assistance to the world's poor for ethical reasons. Doing so would promote transnational distributive justice, which is defined here as a fair and equitable distribution among countries of benefits, (...) burdens, and decision-making authority, in this case associated with transnational environmental relations. Conceptions of distributive justice examined include utilitarianism, human rights, causality/responsibility, impartiality, and principles derived from Kantian and Rawlsian ethics. (shrink)

Family obligation, which has an exceptionally high salience in traditional Chinese society, continues to be significant in contemporary China. In family relations in particular sentiments and practices morphologically similar to those associated with xiao remains intact in so far as an enduring set of expectations concerning age-based obligation continues to structure behavior toward others. Researchers pursuing the theme of “individualization” in Chinese society, on the other hand, argue that family obligations and filial sentiments have substantially weakened. The present paper (...) will show that under conditions of cultural and social change in China filial behavior through family obligation continues to play an important role even though the conventions associated with the relevant expectations, attitudes and emotions have undergone significant change. The paper argues that the culture-system develops not merely through an internal dynamic and that family obligation must be understood in terms of the social and material context in which it operates and the nature of the motivations and imagery of the people that practice it. (shrink)

Edited by Nieves Zúñiga García-Falces. In 15 years, the international community has been blamed for resorting too easily to the use of force on some occasions (Iraq, Afghanistan, Kosovo), and also it has been blamed for intervening too late or not at all in other crises (Rwanda, Bosnia and today Sudan and Congo). Even today, one of the most contested questions of international politics is the legitimacy for the use of force. David Chandler, Professor of International Relations (...) at the University of Westminster (UK) and Daniele Archibugi, a research director at National Research Council (Italy) and Professor at Birkbeck College (University of London), discuss about the use of force, how the theory and practice of warfare and humanitarian intervention have evolved in the contemporary world and the international responsibility of states. In his Empire in Denial: The Politics of State-building (Pluto Press), David Chandler has forcefully argued that Western interventions are destablizing exercises of power without responsibility. Daniele Archibugi has been equally critical of these armed interventions, although in his The Global Commonwealth of Citizens. Toward Cosmopolitan Democracy (Princeton University Press), he urges for a cosmopolitan responsibility based on non-violence and inclusion. (Published: 19 May 2009) Citation: Ethics & Global Politics, Vol. 2, No. 2, 2009, pp. 155-169. DOI: 10.3402/egp.v2i2.1974. (shrink)

This article adduces several lines of argument to try to analyze the need for certain sorts of interventions in medical crises. The recent Ebola crisis is taken as exemplary, and other similarly serious medical situations requiring intervention, such as the endemic presence of Valley fever in parts of California, are alluded to. The overall contention is that our duties in medical crises may be somewhat stronger than previously constructed by analysts. The work of Kuhse and Singer is cited, and the (...) article concludes that there are special moral obligations to respond to international medical emergencies when they arise. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of (...) the popularity of backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

9th and 10th Nov. 2013 at Kyoto University. Organizers: Takeshi Sato and Shunsuke Sugimoto.

In Wilmot-Smith’s recent ‘Law, “Ought”, and “Can”,’ he argues that legal obligation does not imply ability. In this short reply, I show that Wilmot-Smith’s arguments do not withstand critical scrutiny. In section 1, I attack Wilmot-Smith’s argument for the claim that allowing for impossible obligations makes for a better legal system, and I introduce positive grounds for thinking otherwise. In section 2, I show that, even if Wilmot-Smith had established that impossible obligations make for a better legal system, (...) his subsequent attack on OIC fails. (shrink)

According to Wringe 2006 we have good reasons for accepting the existence of Global Collective Obligations - in other words, collective obligations which fall on the world’s population as a whole. One such reason is that the existence of such obligations provides a plausible solution a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. However, obligations of this sort would be of little interest (...) – either theoretical or practical – if they did not give rise, either directly or indirectly, to any kinds of reasons for individuals to behave in certain ways. -/- In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. My argument for this conclusion involves two steps. In the first step, I address a general question about how collective obligations can give rise to individual obligations without being reducible to them, and which obligations they give rise to. Here I give a Kant-inspired argument, based on the principles that ‘ought implies can’ and that the content of the moral law is given by reflecting on how agents should legislate in a kingdom of ends, which is designed to show that collective obligations can give rise to individual obligations. In the second step I apply this principle to the case of global forward-looking obligations. (shrink)

Over the last eight years, there has been a sharp increase in government censorship and officially sponsored persecution of the Moroccan free press. The Moroccan press still enjoys greater freedoms now than under the late King Hassan II, thanks to the liberalization efforts he facilitated toward the end of his life, which were also continued in the early years of his son’s reign. However, the freedoms media activists worked so hard to obtain at the end of the last century have (...) rapidly begun to erode, particularly after the 2003 terrorist attacks in Casablanca. Morocco remains an important Arab ally to both the United States and Europe, but the monarchy risks that relationship by tightening the reigns on speech and violating international human rights laws. Moreover, the monarchy puts itself at risk domestically every time it imprisons a journalist or imposes a bankrupting fine on a popular periodical, as Moroccan human rights groups grow less enchanted by their king. Over the last two years, criminal charges against the media have increased significantly, causing some publications to close and leaving a number of journalists in jail for their writings. In addition, since 2008, the Moroccan government has begun to censor the Internet, arresting bloggers and satirists and temporarily suspending access to popular websites, such as YouTube. This article explores Morocco's obligations under international and domestic law relating to freedom of expression and examines some recent court cases involving the Moroccan media. (shrink)

When are international inequalities in health unjust? This discussion falls short of providing an answer because we remain unclear just what kinds of obligations states and international institutions and rule-making bodies have regarding health inequalities across countries. To arrive at a real answer, we must carry out the task of explaining the substance of international obligations for the various kinds of cooperative schemes, international agencies, and international rule-making bodies in order to specify when (...) the internationally socially controllable factors affecting health are justly distributed and regulated. (shrink)

Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests (...) that European Union institutions can be seen to create similar obligations, only if we adopt a cosmopolitan theory of political legitimacy for both domestic and international institutions. A key distinction proposed is that between a duty of jurisdiction, owed by everyone to every legitimate state, and a duty of civility, owed by citizens to their own states. (shrink)

Background. Despite common recognition of joint responsibility for global health by all countries particularly to ensure justice in global health, current discussions of countries’ obligations for global health largely ignore obligations of developing countries. This is especially the case with regards to obligations relating to health financing. Bearing in mind that it is not possible to achieve justice in global health without achieving equity in health financing at both domestic and global levels, our aim is to show (...) how fulfilling the obligation we propose will make it easy to achieve equity in health financing at both domestic and international levels. Discussion. Achieving equity in global health financing is a crucial step towards achieving justice in global health. Our general view is that current discussions on global health equity largely ignore obligations of Low Income Country governments and we recommend that these obligations should be mainstreamed in current discussions. While we recognise that various obligations need to be fulfilled in order to ultimately achieve justice in global health, for lack of space we prioritise obligations for health financing. Basing on the evidence that in most LICs health is not given priority in annual budget allocations, we propose that LIC governments should bear an obligation to allocate a certain minimum percent of their annual domestic budget resources to health, while they await external resources to supplement domestic ones. We recommend and demonstrate a mechanism for coordinating this obligation so that if the resulting obligations are fulfilled by both LIC and HIC governments it will be easy to achieve equity in global health financing. Summary. Although achieving justice in global health will depend on fulfilment of different categories of obligations, ensuring inter- and intra-country equity in health financing is pivotal. This can be achieved by requiring all LIC governments to allocate a certain optimal per cent of their domestic budget resources to health while they await external resources to top up in order to cover the whole cost of the minimum health opportunities for LIC citizens. (shrink)

'Internalism’ in ethics is a cluster of views according to which there is an ‘internal’ connection between moral obligations and either motivations or reasons to act morally; ‘externalism’ says that such connections are contingent. So described, the dispute between internalism and externalism may seem a technical debate of minor interest. However, the issues that motivate it include deep problems about moral truth, realism, normativity, and objectivity. Indeed, I think that some philosophers view externalism as undermining the ‘dignity’ of morality. (...) They might say that if morality needs an ‘external sanction’ - if the belief that one has an obligation is not sufficient motive or reason to do the right thing- then morality is debased in status. Even an arbitrary system of etiquette could attract an external sanction under appropriate conditions.Although I believe that the more interesting internalist theses are false, there are important truths that internalism is attempting to capture. The most important of these is the fact that moral judgments are intrinsically ‘normative’ or ‘choice-guiding,’ that they are, very roughly, relevant to action or choice because of their content. (shrink)

If it is a requirement of justice that everyone has access to basic goods and services, then justice requires that the work that is necessary to produce the relevant goods and provide the relevant services is performed. Two widely accepted views, however, together rule out requirements of justice to perform such work. These are, roughly, that the state cannot force people to perform it, and that individuals are not obligated to perform it voluntarily. Lucas Stanczyk argues that we should resolve (...) this inconsistency by endorsing widely rejected coercive policies, such as compulsory service requirements. I argue that Stanczyk’s proposal fails to fully resolve the inconsistency, and that any acceptable resolution will entail that individuals can be obligated to voluntarily perform the necessary work. I conclude that accepting even modest requirements of access to basic goods and services requires rejecting the view that principles of justice do not apply directly to individual conduct. (shrink)

'Internalism’ in ethics is a cluster of views according to which there is an ‘internal’ connection between moral obligations and either motivations or reasons to act morally; ‘externalism’ says that such connections are contingent. So described, the dispute between internalism and externalism may seem a technical debate of minor interest. However, the issues that motivate it include deep problems about moral truth, realism, normativity, and objectivity. Indeed, I think that some philosophers view externalism as undermining the ‘dignity’ of morality. (...) They might say that if morality needs an ‘external sanction’ - if the belief that one has an obligation is not sufficient motive or reason to do the right thing- then morality is debased in status. Even an arbitrary system of etiquette could attract an external sanction under appropriate conditions.Although I believe that the more interesting internalist theses are false, there are important truths that internalism is attempting to capture. The most important of these is the fact that moral judgments are intrinsically ‘normative’ or ‘choice-guiding,’ that they are, very roughly, relevant to action or choice because of their content. (shrink)

_International Justice and the Third World_ vindicates belief in global or universal justice, and explores both liberal and Marxist grounds for such belief. It also investigates the presuppositions of belief in development, and relates it to sustainability, to environmentalism, and to the obligation to cancel Third World debt.

Disturbing international inequalities in health abound. Life expectancy in Swaziland is half that in Japan. A child unfortunate enough to be born in Angola has 73 times as great a chance of dying before age 5 as a child born in Norway. A mother giving birth in southern sub-Saharan Africa has 100 times as great a chance of dying from her labor as one birthing in an industrialized country. For every mile one travels outward toward the Maryland suburbs from (...) downtown Washington, DC on its underground rail system, life expectancy rises by a year – reflecting the race and class inequities in American health. Are the glaring, even larger, international health inequalities also unjust? -/- All of us no doubt think they are grossly unfortunate. Many of us think they are unfair or unjust. Why should some people be at such a health disadvantage through no fault of their own, losers in a natural and social lottery assigning them birth in an unhealthy place? Others of us are troubled by the absence of the kinds of human relationships that ordinarily give rise to the claims of egalitarian justice that we make on each other – for example, being fellow citizens or even interacting in a cooperative scheme. Who has obligations of justice to reduce these international inequalities? And do those obligations hold regardless of how the inequalities came about? What institutions are accountable for addressing them? (shrink)

This book contains a collection of treaty documents and soft law on health care rights and health ethics which are used in health law training programs. Regional documents and explanatory reports on health care rights, which are derived from international human rights law, provide a way of "unwrapping" government obligations in health care, making rights more specific, accessible, and (judicially) accountable. In addition, soft law declarations and medical ethics contribute to understanding the moral meaning of human rights in (...) health care. As such, the principles and standards provide practical guidance for States when dealing with equal access to health care services, the rights of patients, biomedical research, organ donations and transplants, genetics, and public health. The book covers the basic documents, while general comments and explanatory reports amplify the principles embodied in the human rights treaties. The authoritative interpretations clarify a 'European approach' on a State's obligations concerning health care rights and ethics. (shrink)

According to prominent bioethics scholars and international guidelines, researchers and sponsors have obligations to ensure that the products of their research are reasonably available to research participants and their communities. In other words, the claim is that research is unethical unless it has local social value. In this article, we argue that the existing conception of reasonable availability should be replaced with a social value obligation that extends to the global poor. To the extent the social value requirement (...) has been understood as geographically constrained to the communities that host research and the countries that can afford the products of research, it has neglected to include the global poor as members of the relevant society. We argue that a new conception of social value obligations is needed for two reasons. First, duties of global beneficence give reason for researchers, sponsors, and institutions to take steps to make their products more widely accessible. Second, public commitments made by many institutions acknowledge and engender responsibilities to make the products of research more accessible to the global poor. Future research is needed to help researchers and sponsors discharge these obligations in ways that unlock their full potential. (shrink)

A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.

Obligations can be affected by knowledge. Several approaches exist to formalize knowledge-based obligations, but no formalism has been developed yet to capture the dynamic interaction between knowledge and obligations. We introduce the dynamic extension of an existing logic for knowledge-based obligations here. We motivate the logic by analyzing several scenarios and by showing how it can capture in an original manner several fundamental deontic notions such as absolute, prima facie and all-things-considered obligations. Finally, in the (...) dynamic epistemic logic tradition, we provide reduction axioms for the dynamic operator of the new logic. (shrink)

In the second section of Chapter V of The concept of law, Hart lays down the concept of legal obligation throughout a critique of the concept of obligation in John Austin’s predictive theory. The critique aims at the core domain of this theory, which occupies the major part of the section, and shows how wrong it is to describe the legal obligation in terms of commands and habits of obedience. At the end of this section, Hart introduces the concepts of (...) internal and external point of view, in order to criticize the methodological model used by the predictive theory – the great responsible for the mistakes of Austin’s account. The following paper makes a review of the “debate” between both theories and, at the end, it tries to demonstrate how the introduction of Hart’s new conceptions (internal and external points of view) is done to avoid the mistakes occurred in Austin’s predictive theory. (shrink)

Kassner contends that the violation of the basic human rights of the Rwandan Tutsis morally obliged the international community to intervene militarily to stop the genocide. This compelling argument, grounded in basic rights, runs counter to the accepted view on the moral nature of humanitarian intervention. It has profound implications for our understanding of the moral nature of humanitarian military intervention, global justice and the role moral principles should play in the practical deliberations of states. A new approach to (...) the intersection of human and sovereign rights that is of tremendous moral, political and legal importance to theorists working in international relations today Challenges the immutability of the right of non-intervention held by sovereign states, assessing when it becomes right for the international community to intervene militarily in order to avoid another Rwanda. (shrink)

This book develops an “idiomatic” foundational theory of the self and its moral obligations. It then employs this theory to answer a variety of questions about legal obligation, political authority, community, and international justice. It argues that we ought to obey a particular community’s laws and government commands, so long as our government restricts itself to protecting classical liberty and individual property rights under the rule of law. It further argues that people today should ideally live in confederated, (...) legally sovereign nation-states or nation-unions. Finally, it suggests that we have greater obligations to our compatriots than we do to foreign citizens, although we will often have pressing moral reasons to obey foreign laws while abroad, grant citizenship to outsiders who wish to join us, and help relieve foreign people’s misery. (shrink)

This paper aims to evaluate the different approaches to history within contemporary French philosophy of science, especially related to the benefits and necessity of normative judging. Within the French tradition of historical epistemology, there has always been a combination between a historical and philosophical perspective. This has resulted in numerous methodological reflections on this topic still relevant for contemporary debates within IHPS. Generally this centered around the question to what extent clear philosophical starting points where a merit and necessity, or (...) rather a bias and obstacle. In recent French philosophy of science this tension let to the search for a third approach. Inspired by developments within sociology of science, they criticize the overemphasis on judging history from the present. But rather than abandoning all philosophical perspective, their claim is that history of science itself produces philosophical norms or ‘obligations’ within particular sciences. This, however, does not result in abandoning the earlier approaches, but rather their reappraisal. Earlier internal criticisms within HEP can be reread as claiming that the opponent fails to live up to this requirement, i.e. to follow history’s own obligations, rather than imposing them. The claim defended in this paper is that the merit of certain philosophical approaches must be tested linked to obligations within specific disciplines. Concretely, this will be evaluated through examples from recent history of molecular biology, especially synthetic biology and metagenomics. The specific obligations of these disciplines will be analysed and evaluated according to the different frameworks within French philosophy of science. (shrink)

The paper considers arguments concerning the obligation to assist strangers. It analyzes the problem of specifying obligations, which the inhabitants of the world have toward one another. The considerations focus on two closely connected questions: what is the obligation to assist and what is its source? what is the scope of the obligation to assist? The author considers the assumptions that are to be made if we take the obligation to assist distant strangers to be a duty of justice. (...) The paper concentrates on the most frequent assumptions, which are of two kinds: institutional and universal; axiological and particular. It is pointed out, given various examples of international dilemmas, how these two types of arguments may justify a hierarchy of mutual obligations. (shrink)

The focal objection of Nietzsche’s critique of morality is that morality is disvaluable because antagonistic to the highest forms of human excellence. Recent advances in Nietzsche commentary have done much to unpack this objection – an objection which, at first blush, shares certain affinities with worries developed by a number of more recent morality critics. Some, though, have sought to disassociate Nietzsche from these more recent critics, claiming that his critique is directed mainly against moralized culture and that it cannot (...) be successfully reapplied to moral theory. The aim of this paper is to show that there is a viable Nietzschean objection to obligation-centred moral theory – and, in particular, to those undermanding versions that resist the more recent morality critics’ worries. The paper develops two sets of arguments, according to which (respectively) complying with an undemanding moral theory is both inimical to and incompatible with realizing Nietzschean excellence. Thus, even undemanding moral theories generate the effects to which Nietzsche objects. (shrink)

Who ought to do what, and for whom, if global justice is to progress? In this collection of essays on justice beyond borders, Onora O'Neill criticises theoretical approaches that concentrate on rights, yet ignore both the obligations that must be met to realise those rights, and the capacities needed by those who shoulder these obligations. She notes that states are profoundly anti-cosmopolitan institutions, and that even those committed to justice and universal rights often lack the competence and the (...) will to secure them, let alone to secure them beyond their borders. She argues for a wider conception of global justice, in which obligations may be held either by states or by competent non-state actors, and in which borders themselves must meet standards of justice. This rich and wide-ranging collection will appeal to a broad array of academic researchers and advanced students of political philosophy, political theory, international relations and philosophy of law. (shrink)

Physicians frequently ask whether they should give patients what they want, usually when there are considerations pointing against doing so, such as medicine’s values and physicians’ obligations. It has been argued that the source of medicine’s values and physicians’ obligations lies in what has been dubbed “the internal morality of medicine”: medicine is a practice with an end and norms that are definitive of this practice and that determine what physicians ought to do qua physicians. In this paper, (...) I defend the claim that medicine requires a morality that is internal to its practice, while rejecting the prevalent characterization of this morality and offering an alternative one. My approach to the internal morality of medicine is constructivist in nature: the norms of medicine are constructed by medical professionals, other professionals, and patients, given medicine’s end of “benefitting patients in need of prima facie medical treatment and care.” I make the case that patients should be involved in the construction of medicine’s morality not only because they have knowledge that is relevant to the internal morality of medicine—namely, their own values and preferences—but also because medicine is an inherently relational enterprise: in medicine the relationship between physician and patient is a constitutive component of the craft itself. The framework I propose provides an authoritative morality for medicine, while allowing for the incorporation, into that very morality, of qualified deference to patient values. (shrink)

L’article soutient l’hypothèse que, loin de récuser la question de l’obligation politique, Hegel présente cette notion à nouveaux frais en s’appuyant sur la notion de Gesinnung. À travers une lecture croisée dans les Principes de la philosophie du droit de l’introduction à l’éthicité et de certains paragraphes consacrés au droit étatique interne, l’article se penche sur les concepts de droiture et de patriotisme, ce dernier représentant la véritable disposition politique. Dans le sillage de l’interprétation institutionnaliste de Hegel, le propos de (...) cette étude est de mettre en relief les affinités entre la conception hégélienne et la théorie associative de l’obligation. (shrink)

Museums have a long history and practice of trafficking in looted antiquities. An account of the moral mission of museums and the moral obligations of museum trustees is given. Based on that account, a moral critique of the actions of museums and their trustees is provided, addressing some of the rationales that museums and their trustees have offered for justifying this activity of trafficking. Some of the rationale examined involves arguments regarding collective responsibility. It is argued that the loss (...) of provenance and provenience resulting from this practice is a particularly significant moral harm done to humanity as a whole. I argue that it is a mistake to categorize human remains and cultural artifacts as property and doing so is one source of the morally problematic activity. (shrink)

is an important principle, worthy of serious scrutiny. Its truth or falsity bears on the question of whether moral rightness, obligatoriness, etc., are a matter of factors “internal” to an agent, or whether “external” factors are relevant to determining the moral normative status of acts. Moreover, Access enjoys considerable intuitive support. If I destroy Greensboro in professor Sorensen’s example by pushing the wrong button, I seem to have a good excuse to give to anyone who would accuse me of wrongdoing: (...) “I had no way of knowing that this action would be wrong!” But if I have a good excuse, then pushing the button doesn’t seem wrong; and if that action isn’t wrong, then I had no obligation to refrain from pushing that button. A principle distinct from, but analogous to, Access also deserves our attention. (shrink)

The obligations of organisations associated with policy formation and implementation of international mass public health programmes are explored. Lines of responsibility are considered to become unclear because of the large number of agencies associated with such programmes. A separation of the relevant obligations among the bodies responsible for the formulation and those responsible for the implementation of the policies is suggested. The continuing oral polio vaccine campaign against poliomyelitis in India is used to illustrate the general argument. (...) Although the aim of the programme is legitimate and laudable, unnecessary harm is currently being caused to some children as a result of elements of the policy and this should be rectified immediately. Such mass programmes should take care to ensure that people are not unnecessarily sacrificed in the drive to attain the desirable ends of the policy. (shrink)

How international research might contribute to justice in global health has not been substantively addressed by bioethics. Theories of justice from political philosophy establish obligations for parties from high-income countries owed to parties from low and middle-income countries. We have developed a new framework that is based on Jennifer Ruger's health capability paradigm to strengthen the link between international clinical research and justice in global health. The ‘research for health justice’ framework provides direction on three aspects of (...) international clinical research: the research target, research capacity strengthening, and post-trial benefits. It identifies the obligations of justice owed by national governments, research funders, research sponsors, and investigators to trial participants and host communities. These obligations vary from those currently articulated in international research ethics guidelines. Ethical requirements of a different kind are needed if international clinical research is to advance global health equity. (shrink)