Democracy is regularly heralded as the only form of government that treats political subjects as free and equal citizens. On closer examination, however, it becomes apparent that democracy unavoidably restricts individual freedom, and it is not the only way to treat all citizens equally. In light of these observations, we argue that the non‐instrumental reasons to support democratic governance stem, not from considerations of individual freedom or equality, but instead from the importance of respecting group self‐determination. If this is correct, (...) it implies that a state may choose democracy, but its right to self‐determination means that it is also free, in principle, to decide in favor of some nondemocratic alternative. (shrink)

This chapter contains sections titled: What is a Nation? Nations and Personal Identity Nations and Associative Obligations Nations and State‐breaking Conclusion.

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question.

In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

First published in 2005, A Theory of Secession: The Case for Political Self-Determination offers an unapologetic defense of the right to secede. Christopher Heath Wellman argues that any group has a moral right to secede as long as its political divorce will leave it and the remainder state in a position to perform the requisite political functions. He explains that there is nothing contradictory about valuing legitimate states, while permitting their division. Once political states are recognized as (...) valuable because of the functions that they are uniquely suited to perform, it becomes apparent that the territorial boundaries of existing states might permissably be redrawn as long as neither the process, nor the result of this reconfiguration, interrupts the production of the crucial political benefits. Thus, if one values self-determination, then one has good reason to conclude that people have a right to determine their political boundaries. (shrink)

In my view, gratitude is better understood as a virtue than as a source of duties. In addition to showing how virtue theory provides a better match for our moral phenomenology of gratitude, I argue that recent work in the area of the suberogatory, our considered judgments concerning the role of third parties, our reluctance to posit claim‐rights to gratitude, and the observations of preceding studies of the subject all lend support to my contention that the language of duties is (...) ill‐suited to describe the moral dynamics of gratitude. (shrink)

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral (...) right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (shrink)

This essay critically assesses Anna Stilz's argument in Territorial Sovereignty: A Philosophical Exploration that legitimate states have a right to do wrong. I concede that individuals enjoy a claim against external interference when they commit suberogatory acts, but I deny that the right to do wrong extends to acts that would violate the rights of others. If this is correct, then one must do more than merely invoke an individual's right to do wrong if one hopes to vindicate a legitimate (...) state's right to commit injustices. Of course, there may be distinctive features of legitimate states that explain why they enjoy moral protections that individuals lack, but I argue that the value of collective self-determination is not up to this task. And even if these arguments fail, self-determination would at most explain why legitimate states enjoy a right to commit injustices against their own citizens; it would provide them no moral protection when they violate the rights of outsiders. (shrink)

Applied or practical ethics is perhaps the largest growth area in philosophy today, and many issues in moral, social, and political life have come under philosophical scrutiny in recent years. Taken together, the essays in this volume – including two overview essays on theories of ethics and the nature of applied ethics – provide a state-of-the-art account of the most pressing moral questions facing us today. Provides a comprehensive guide to many of the most significant problems of practical ethics Offers (...) state-of-the-art accounts of issues in medical, environmental, legal, social, and business ethics Written by major philosophers presently engaged with these complex and profound ethical issues. (shrink)

The brand of cosmopolitanism that Cécile Fabre develops in her excellent book, Cosmopolitan Peace, leaves room for qualifying groups to exercise political self‐determination. Important questions thus emerge regarding who is entitled to have a say in the group's self‐determination, questions that take on a heightened practical urgency in the wake of wars that cause massive migration. In this article, I call into question Fabre's contention that the descendants of unjust occupants necessarily acquire occupancy rights which entitle them to a say (...) in the political self‐determination over the territory on which they currently reside. (shrink)

After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such.

Research Articles Christopher Heath Wellman, Social Philosophy and Policy, FirstView Article.

There are a number of controversies surrounding responsibility, but few doubt that there is anything conceptually confused or morally problematic about holding competent adults responsible for their free and informed actions. Thus, we regularly praise (and perhaps reward) people for behaving virtuously or blame (and perhaps punish) them for their vicious deeds. In today's world, though, much of the most important good and evil is done not by solitary individuals, but by groups of people acting in concert. The most spectacular (...) technological advances and the most horrific wars, for instance, are often the work of private corporations and political states. And if humanity regularly achieves its greatest triumphs and commits its most deplorable sins as collectives, it is worth exploring the plausibility of holding groups responsible for their actions. (shrink)

In this essay, I argue that absent special circumstances, there are no moral, judicial procedural rights. I divide this essay into four main sections. First, I argue that there is no general moral right against double jeopardy. Next, I explain why punishing a criminal without first establishing her guilt via a fair trial does not necessarily violate her rights. In the third section, I respond to a number of possible objections. And finally, I consider the implications of my arguments for (...) the human right to due process. (shrink)

Contemporary Debates in Applied Ethics features pairs of newly commissioned essays by some of the leading theorists working in the field today. Brings together fresh debates on eleven of the most controversial issues in applied ethics Topics addressed include abortion, affirmative action, animals, capital punishment, cloning, euthanasia, immigration, pornography, privacy in civil society, values in nature, and world hunger. Lively debate format sharply defines the issues, and paves the way for further discussion. Will serve as an accessible introduction to the (...) major topics in applied ethics, whilst also capturing the imagination of professional philosophers. (shrink)

One of the many interesting features of Victor Tadros’s excellent book, To Do, To Die, To Reason Why, is his change of heart on the vexing question of whether p.

In this book, Christopher Heath Wellman offers original theories of political legitimacy and our obligation to obey the law, and then, building upon these accounts, defends a number of distinctive positions concerning the rights and responsibilities individual citizens, separatist groups, and political states have regarding one another.

: After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such.

The prelims comprise: Utilitarianism Rawls Libertarianism Post‐Rawlsian Egalitarianism The Bounds of Justice Beyond Justice as Distribution Conclusion Acknowledgments References.

This paper clarifies and defends my account of the rights forfeiture theory of punishment in response to analyses by Michelle Madden Dempsey and Gerald Lang.