There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?
This paper explores connections between social rights and labour rights within a human rights framework. Social human rights tend to be marginalized both in philosophical debates about human rights and international human rights doctrine and practice. This paper brings social human rights into focus and argues that they play an important though neglected role in shaping the content of labour human rights, in particular the human right to just and favourable conditions of work. The implications for the content of this (...) right are elaborated, and the paper concludes with some reflections on the relevance of social human rights in recent struggles for stable and predictable working hours. (shrink)
This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.
The central challenge of “machine ethics” is to build autonomous machine agents that act morally rightly. But how can we build autonomous machine agents that act morally rightly, given reasonable disputes over what is right and wrong in particular cases? In this chapter, I argue that Immanuel Kant’s political philosophy can provide an important part of the answer.
The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...) for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject. (shrink)
In this article, I explore the relationship between the supersession thesis and the rights of future people. In particular, I show that changes in circumstances might supersede future people’s rights. I argue that appropriating resources that belong to future people does not necessarily result in a duty to return the resources in full. I explore how these findings are relevant for climate change justice. Assuming future generations of developing countries originally had a right to use a certain amount of the (...) carbon budget, changing circumstances could result in rights-supersession. Consequently, members of future generations of industrialized countries may be allowed to use part of the share of the carbon budget belonging to developing countries. (shrink)
Some, but not all, of the mistakes a person makes when acting in apparently necessary self-defense are reasonable: we take them not to violate the rights of the apparent aggressor. I argue that this is explained by duties grounded in agents' entitlements to a fair distribution of the risk of suffering unjust harm. I suggest that the content of these duties is filled in by a social signaling norm, and offer some moral constraints on the form such a norm can (...) take. (shrink)
Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.
This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights. It is an edited, draft excerpt from chapter 1 of my book, The Retrieval of Liberalism in Policing (Oxford, 2019).
Even in just wars we infringe the rights of countless civilians whose ruination enables us to protect our own rights. These civilians are owed compensation, even in cases where the collateral harms they suffer satisfy the proportionality constraint. I argue that those who authorize or commit the infringements and who also benefit from those harms will bear that compensatory duty, even if the unjust aggressor cannot or will not discharge that duty. I argue further that if we suspect antecedently that (...) we will culpably refrain from compensating those victims post bellum, then this makes satisfying the war’s proportionality constraint substantially more difficult at the outset of the war. The lesson here is that failing to take duties of compensation in war seriously constrains our moral permission to protect ourselves. (shrink)
Though the duties of care owed toward innocents in war and in civil life are at the bottom univocally determined by the same ethical principles, Bazargan-Forward argues that those very principles will yield in these two contexts different “in-practice” duties. Furthermore, the duty of care we owe toward our own innocents is less stringent than the duty of care we owe toward foreign innocents in war. This is because risks associated with civil life but not war (a) often increase the (...) expected welfare of the individuals upon whom the risk is imposed, (b) are often imposed with consent, and (c) are often imposed reciprocally. The conclusion—that we have a pro tanto reason for adopting a more stringent standard of risk imposition toward foreign innocents in war—has implications for not only what standards of risk we should adopt in war, but also how we should weigh domestic versus foreign civilian lives. (shrink)
In this paper, I critically discuss Riggle’s definition of street art. I argue that his definition has important limitations, and is therefore unsuccessful. I show that his view obscures a defining feature of street art, that is, its subversive power. As a significant consequence of ignoring that essential aspect, Riggle is incapable of fully understanding how street art transforms public space by turning one corner of the city at the time into contested ground. I also suggest that, when appreciating street (...) art's subversiveness, its challenge against the Modern separation of art and life appears more radical than Riggle foresees. (shrink)
Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have concentrated, perhaps (...) more modestly, on the characterization of the ways in which competing value claims should be balanced, with a view to establishing a _modus vivendi _aimed at containing the conflict. _Interactive Justice _addresses an important question related to this debate: on what terms should the parties interact _during_ their conflict for their interaction to be morally acceptable to them? Although largely unexplored by political philosophers, this is a main area of concern in conflict management. Building on a proceduralist interpretation of "relational" concerns of justice, the author develops a liberal normative theory of interactive justice for the management of value conflict in politics grounded in the fundamental values of fair hearing and procedural equality. This book innovatively builds a bridge between works in political philosophy and peace studies to propose a fresh lens through which to view the normative responses liberal institutions ought to give to value conflict in politics, and moves beyond the apparent dichotomy between pursuing end-state justice through conflict resolution or peace through conflict containment. (shrink)
Judith Jarvis Thomson and others contend that rights are pro-tanto rather than absolute, that is, that rights may permissibly be infringed in some circumstances. Alan Gewirth maintains that there are some rights that are absolute because infringing them would amount to unspeakable evil. However, there seem to be possible circumstances in which it would be permissible to infringe even those rights. Specificationists, such as Gerald Gaus, Russ Shafer-Landau, Hillel Steiner and Kit Wellman, argue that all rights are absolute because they (...) have implicit exceptions, the exceptions being either right-voiding or right-compatible. Specificationists have charged pro-tantoism with preventing rights from being action-guiding, and pro-tantoists have levelled the same charge against specificationism. I show that both charges are mistaken. Pro-tantoists claim that specificationists cannot account for the moral remainder that we recognise in some circumstances and which can be explained by reference to a permissible right-infringement. Specificationists retort that the moral remainder can be explained by invoking compensation-rights. I show that the pro-tantoist claim is true and that the specificationist retort is false on two counts: explanation in terms of compensation-rights is not applicable to all cases; and it fails to account for the moral dynamic in the cases to which it is applicable. The contention that rights are pro-tanto does not conflict with the substance of the contention that rights are trumps, despite claims of specificationists to the contrary. (shrink)
Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic inequalities observe equality (...) of opportunity and improve the least advantaged, the theory is indifferent as to whether talented people are allowed to compete for monopoly rights or for direct financial reward. (shrink)
Benhabib argues that the tension between universal human rights and democratic self-determination cannot be resolved. Distinguishing between the principle of rights, on the one hand, and context-specific `schedules of rights', on the other hand, helps, however, to specify the scope of both norms. I show that applying this idea to questions of citizenship requires further elaboration in three respects: (1) Benhabib's argument for porous rather than open borders, which does not fully address the challenge of global distributive justice; (2) norms (...) for access to citizenship, which need to cover also transnational affiliations between sending states and their external populations; and (3) necessary constraints on democratic self-determination. I suggest replacing the principle of self-determination with a principle of self-government that does not include a unilateral right to determine the territorial or membership boundaries of the polity. (shrink)
Ronald Dworkin’s work on the topic of equality over the past twenty-five years or so has been enormously influential, generating a great deal of debate about equality both as a practical aim and as a theoretical ideal. The present article attempts to assess the importance of one particular aspect of this work. Dworkin claims that the acceptance of abstract egalitarian rights to equal concern and respect can be thought to provide a kind of plateau in political argument, accommodating as it (...) does a number of well-known ethical theories of social arrangement from utilitarianism to libertarianism. The article explores the moral foundations of these egalitarian rights and critically examines five specific reasons for supposing they matter in political debate. It is argued that though these reasons are perhaps less constructive than they might be reasonably expected to be, there is another more fundamental question we can ask about the scope of egalitarian rights the answer to which might ultimately help to explain their fundamental nature and importance. That question is: equality among whom? (shrink)
In this article I argue that mercy does not prevent the imposition of harsh punishment from being morally permissible. This article has two parts. In the first part, I argue that mercy is an imperfect duty, because only such a duty-type explains the attributes that are commonly ascribed to mercy. In the second part, I argue that mercy does not present a sufficient moral reason against the regular imposition of harsh punishment because it neither undermines nor systematically overrides or weakens (...) the retributive duties. This is in part because the imperfect duty to be merciful can be satisfied by actions taken in nonpunitive contexts alone. This is also in part because mercy is not particularly appropriate given the lack of positive desert of and good moral character in most of the culpable wrongdoers who deserve harsh punishment. (shrink)
In The Decent Society, Avishai Margalit’s contends that a good society is a decent society, a society whose institutions do not humiliate persons. However, Margalit affirms a stark distinction between the decent society and a just society. “[T]he concept of a decent society … is not necessarily connected with the concept of rights. Even a society without a concept of rights can develop concepts of honor and humiliation appropriate for a decent society.” This paper rejects this position by showing that (...) in order for a society to be a decent society it must incorporate fundamental rights. Sections II, III, and IV examine, criticize, and reject Margalit’s arguments to the contrary, and in so doing summon arguments that demonstrate the indispensable value of fundamental rights for any society that purports to be decent. The central contention here is that only a concept of humiliation that affirms and respects fundamental rights is sufficiently robust to recognize certain violations of these rights as constituting distinctive and devastating assaults on the self-respect of specific individuals. Thus insofar as a decent society cannot countenance such assaults, a decent society must include rights. (shrink)
Privacy involves a zone of inaccessibility in a particular context. In social discourse it pertains to activities that are not public, the latter being by definition knowable by outsiders. The public domain so called is the opposite of secrecy and somewhat less so of confidentiality. The private sphere is respected in law and morality, now in terms of a right to privacy. In law some violations of privacy are torts. Philosophers tend to associate privacy with personhood. Professional relationships are prima (...) facie private but may be investigated for cause. Privacy may entail both intimacy and caring but neither necessarily so. Finally, various technology-based means of intrusion are rendering privacy ever more difficult to sustain. (shrink)
For over twenty years, Brian Barry has been writing on the foundations of a liberal-democratic constitutional order. Standing against the trend towards relativism in political philosophy, Barry offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being.