This paper uses John Rawls' theory of justice to defend the patent system against charges that it has an unfair effect on access to medications, from the perspective of national and international justice. The paper argues that the patent system is fair in a national context because it respects intellectual property rights and it benefits the least advantaged members of society by providing incentives for inventors, investors, and entrepreneurs. The paper also argues that the patent system is fair in an (...) international context, provided that developed nations take steps to help disease-stricken countries secure internal justice. Fairness in a national or international context also requires that the patent system should include emergency exceptions to deal with short-term inequities. (shrink)

This introduction expounds educational problems that arise from transnational migration. It argues that it is high time to critically analyze normative issues of and in education under conditions of globalization because dominant approaches in normative philosophy of education tend to suffer from both a nationalist bias and a sedentary bias. The contributions to this special issue address normative problems pertaining to migration-related education from a variety of ethical and philosophical perspectives, including analytic applied ethics, continental philosophy, care ethics, Hegelian philosophy, (...) the capability approach and theories of distributive justice. They discuss the education of both citizens and migrants in the receiving society as well as in the country of origin, focusing on ethical issues pertaining to access to education as well as to the content of educational programs. (shrink)

Nussbaum’s moral cosmopolitanism informs her capability-based theory of justice, which she uses in order to develop a distinctive model of cosmopolitan democratic education. I characterize Nussbaum’s educational model as a ‘statist model,’ however, because it regards cosmopolitan democratic education as necessary for realizing democratic arrangements at the domestic level. The socio-cultural diversity of virtually every nation, Nussbaum argues, renders it mandatory to educate citizens in a cosmopolitan fashion. Citizens must develop empathy and sympathy towards all co-citizens of their domestic polities (...) and cope effectively with socio-cultural diversity. I criticize Nussbaum’s statist model, because it neglects that due to the ways in which international institutions already constrain national decision-making, citizens will not fully enjoy the human freedom of co-determining the political choices that affect their lives unless international affairs are further democratized. Therefore I suggest ext... (shrink)

Pluralistic theories of global distributive justice aim at justifying a plurality of principles for various subglobal contexts of distributive justice. Helena de Bres has recently proposed the class of disaggregated pluralistic theories, according to which we should refrain from defending principles that apply to the shared background conditions of such subglobal contexts. This article argues that if one does not justify how these background conditions should be regulated by principles of a just global basic structure, then the realization of the (...) principles that are justified for the subglobal contexts of distributive justice can erode and undermine justice over time. For example, the realization of justice in international trade might undermine climate justice, at least if climate justice requires increasing tariffs but justice in international trade calls for reducing tariffs. Principles of a just global basic structure would have to ensure that such justice-eroding spillover effects from one to another context of justice do not occur. Finally, the article responds critically to de Bres’ objections that an account of a just global basic structure is too idealistic, not action guiding, and superfluous. (shrink)

Crocker concludes that international and regional progress are closely interrelated. Universalists and ethnocentrists must converge to "think and act globally, regionally, nationally, and locally.".

Postmodern, poststructural, and critical theorists say that there are no universally valid foundations for norms. Whether or not we think that ethics exists in international life, or ought to, these theorists maintain that there are no firm grounds for any particular ethical belief. Rather, they argue, ethics is contextual.Many, perhaps most, students of international ethics believe that such approaches have little to offer considerations of international ethics. Christopher Norris says postmodernists are nihilists: “Postmodernism is merely the most extreme (or as (...) some would say, most consistent and consequent) version of this desire to have done with all truth-claims beyond what is presently and contingenty ‘good in the way of belief.‘” Ken Booth argues: “If one scratches a committed post-modernist one will almost certainly find a comfortably well-off Western urban liberal. Those who live against the wall, or who have emancipated themselves from such a position, do not hold these views.… The reason for this is obvious, and relates to the fact that post-modernism—certainly that of a doctrinaire variety—does not deliver an ethics for the emancipation of victims across the world.”. (shrink)

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...) the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

I develop the foundation for cosmopolitan care, an underexplored variety of moral cosmopolitanism. I begin by offering a characterization of contemporary cosmopolitanism from the justice tradition. Rather than discussing the political, economic or cultural aspects of cosmopolitanism, I instead address its moral dimensions. I then employ a feminist philosophical perspective to provide a critical evaluation of the moral foundations of cosmopolitan justice, with an eye toward demonstrating the need for an alternative account of moral cosmopolitanism as cosmopolitan care. After providing (...) an explanation of how care ethics in connection with Kantian ethics generates a duty to care, I consider one main feature of cosmopolitan care, namely the theory of obligation it endorses. In developing this account, I place special emphasis on the practical ramifications of the theory by using it to analyze gender violence in conflict zones. (shrink)

Some are born to sweet delight,Some are born to endless night.William Blake - Auguries of InnocenceIt goes without saying that severe poverty is a human tragedy. The problem of poverty stemming from inequality has however only recently become one of the most fundamental questions in international ethics. The publication in 1972 of Peter Singer's important article, “Famine, Affluence and Morality” certainly marks an important date in the literature. Even those who don't agree with Singer's utilitarian approach will recognize that he (...) was among the first to articulate the problem of poverty on an international scale in philosophical terms. Since then, a greater number of philosophers have examined the problem of world poverty. Some of their work has been extremely influential. (shrink)

We live in an era of global migratory potential — a time when a vast number of people have the physical capacity to move relatively quickly and easily between states. In this article, I use this fact to motivate a powerful objection to ‘statism’, the view that the egalitarian principles of justice which apply to citizens have no application outside the boundaries of the state. I argue that, in a world characterized by global migratory potential, the supposed contrast between the (...) normative standing of citizens and non-citizens on which the doctrine of statism depends is much harder to establish than proponents of the doctrine seem to realize. Focusing initially on the well-known justification for statism based on the notion of reciprocity between cooperators in a joint venture for mutual advantage, I argue that non-citizens play just as important a role as citizens in upholding schemes of cooperation, and that non-citizens should therefore be included in the scope of egalitarian justice along with citizens. I then go on to explain why the problem raised by the fact of migratory potential threatens to undermine not only the reciprocity-based conception, but all other conceptions of statism. The challenge for the proponent of statism is to show that the relationship in which each individual citizen stands with the state is not only a justice-grounding relationship, but also one in which no non-citizen stands with the state. The challenge has not been met so far, and I argue that it is unlikely to be met in the future. (shrink)

International tax competition undermines states’ capacity for redistributive taxation. It is thus problematic from the point of view of both cosmopolitan and internationalist theories of justice. This article examines the proposal of a fiscal policy constraint that prohibits tax policies if they are strategically motivated and harmful to effective fiscal self-determination internationally. I argue that we should opt for a more robust, preference-independent mechanism to prevent harmful tax competition instead. States should, as a matter of justice, accept global minimum tax (...) rates on mobile tax bases. (shrink)

In recent years a powerful case has been made in defence of a system of global governance in which supra-state institutions are accountable directly to the citizens of the world. This political vision- calling for what is commonly termed a ‘cosmopolitan democracy‘- has been defended with considerable imagination by thinkers such as Daniele Archibugi, Richard Falk, David Held, and Tony McGrew. At the same time, a number of powerful arguments have been developed in favour of cosmopolitan principles of distributive justice. (...) Philosophers such as Brian Barry, Charles Beitz, Onora O'Neill, Thomas Pogge, Henry Shue, and Peter Singer have developed formidable arguments against wholly local theories of distributive justice and have argued for cosmopolitan conceptions of distributive justice. (shrink)

One of the potentially most significant objections to a cosmopolitan moral approach charges an essential arrogance: cosmopolitanism disdains particularist moral insights even while – in what is said to be its most coherent form – it seeks to bind all persons within global political institutions. It is argued here that adopting a form of institutional cosmopolitanism actually helps to meet this sort of objection. An appropriately configured such approach will have a conception of equal global citizenship at its core. It (...) will seek to place individuals in relations of political humility, understood not as plain deference to competing moral claims, but as concrete recognition of the equal moral status of others. It will seek to progressively empower as actual citizen equals those whose interests are often ‘arrogantly’ neglected in the current system, and to multiply mechanisms of input and challenge for them over time. (shrink)

A conception of global citizenship should not be viewed as separate from, or synonymous with, the cosmopolitan moral orientation, but as a primary component of it. Global citizenship is fundamentally concerned with individual moral requirements in the global frame. Such requirements, framed here as belonging to the category of individual cosmopolitanism, offer guidelines on right action in the context of global human community. They are complementary to the principles of moral cosmopolitanism — those to be used in assessing the justice (...) of global institutions and practices — that have been emphasised by cosmopolitan political theorists. Considering principles of individual and moral cosmopolitanism together can help to provide greater clarity concerning individual duties in the absence of fully global institutions, as well as clarity on individual obligations of justice in relation to emerging and still-developing trans-state institutions. (shrink)

Opponents of cosmopolitanism often dismiss the position on the grounds that cosmopolitan proposals are completely unrealistic and that they fly in the face of our human nature. We have deep psychological needs that are satisfied by national identification and so all cosmopolitan projects are doomed, or so it is argued. In this essay we examine the psychological grounds claimed to support the importance of nationalism to our wellbeing. We argue that the alleged human needs that nationalism is said to satisfy (...) are: (i) either more complex than initially one might think or (ii) do not necessarily provide very strong grounds for the theses advocated by nationalists or (iii) can be well met in alternate ways than through national identification. Moreover, commitment to cosmopolitanism is not antithetical to meeting these needs: rather, more cosmopolitan worldviews can do quite well in meeting the needs of interest. Moreover, we argue that since nationalism is a fluid and socially constructed phenomenon, quite open to the influence of other factors, the current evidence suggests that central aspects of cosmopolitanism are quite feasible and realistic. (shrink)

The modern literature on responding to global poverty is over fifty years old and has attracted the attention of some of the most prominent analytical political theorists of the age, including Brian Barry, Charles Beitz, Simon Caney, Thomas Pogge, John Rawls, and Peter Singer. Yet in spite of this extraordinary concentration of brainpower, the problem of global poverty has quite clearly not been solved or, indeed, adequately defined. We are therefore entitled to ask two questions of any new contribution to (...) this literature: first, what does it have to offer that past work does not; and second, what reason is there to think that, this time, it will truly make a difference. These questions will be posed below, but before undertaking this task it may be useful to offer an overview of the field, with particular attention to why the problem of global poverty seems so intractable. (shrink)

The Idea of Justice" summarizes and extends many of the themes Amartya Sen has been engaged with for the last quarter century: economic versus political rights, cultural relativism and the origin of notions such as human rights, and entitlements and their relation to gender equality.

"The Law of Peoples" has been extended into a monograph with the same title,which is the main focus of this essay. Brown includes a sketch of Rawls’s project as a whole as a necessary preliminary.

How are we to navigate between duties to compatriots and duties to non-compatriots? Within the literature there are two important kinds of accounts that are thought to offer contrasting positions on these issues, namely, cosmopolitanism and statism. We discuss these two rival accounts. I then outline my position on global justice and how to accommodate insights from both the cosmopolitan and statist traditions within it. Having outlined my ideal theory account of what global justice requires, I discuss the far more (...) pressing question of what our remedial responsibilities are in our decidely non-ideal world: what does the developed world owe to the developing world and what are our responsibilities to non-compatriots, given our situation here and now? I argue that we have considerable responsibilities and I sketch some of the supporting grounds for this view. Finally, I consider how the general account of global justice and remedial responsibilities developed here applies to the case of responsibilities for migrants’ and refugees’ healthcare. (shrink)

In this article, we survey some current debates among cosmopolitans and their critics. We begin by surveying some distinctions typically drawn among kinds of cosmopolitanisms, before canvassing some of the diverse varieties of cosmopolitan justice, exploring positions on the content of cosmopolitan duties of justice, and a prominent debate between cosmopolitans and defenders of statist accounts of global justice. We then explore some common concerns about cosmopolitanism – such as whether cosmopolitan commitments are necessarily in tension with other affiliations people (...) typically have and how we should deal with issues concerning a perceived lack of authority in the global domain – and whether these can be addressed. We also look briefly at how the concern with feasibility has led some to take up the challenge of devising public policy that is cosmopolitan in outlook, before offering some concluding remarks on future directions in these debates. (shrink)

Dans les premières années qui ont suivi la parution de son monumentalA Theory of Justice, Rawls s'est surtout employé dans quelques articles à répondre à ses critiques, à dissiper les malentendus ainsi qu'à expliciter certains aspects de sa théorie, sans proposer de changements significatifs. À partir de la publication desDewey Lectures, sous la pression des critiques ou suivant le cours naturel de sa réflexion, Rawls a graduellement procéde à d'importantes révisions. Presque essentiellement préoccupé par la signification et la justification de (...) sa théorie, et laissant à peu prés intacts sa structure et son contenu, Rawls a successivement élaboré une conception de la personne et de la société, développé une méthodologie contextualiste et constructiviste, limité considérablement la portée de sa théorie et finalement, pour encadrer le tout, proposé une interprétation politique de la «justice en tant qu'équité». Ces changements, que d'aucuns ont perçus comme un recul ou comme un important virage, n'ont pas toujours été, selon Rawls, bien compris. Dans son dernier ouvrage,Political Liberalism, qui, est-il besoin de le dire? était depuis longtemps attendu, Rawls rassemble et raffine ses nouvelles idées, les présente de façon systématique et, somme toute, convaincante. (shrink)

A currently popular proposal for fairly distributing emission quotas is the equal shares view, which holds that that emission quotas should be distributed to all human beings globally on an equal per capita basis. In this paper I aim to show that a number of arguments in favour of equal shares are based on a misleading analysis of climate change as a global commons problem. I argue that a correct understanding of the way in which climate change results from the (...) overuse of a global commons shows those who defend equal shares using commons arguments to be harbouring more controversial commitments than might at first appear. I then discuss two options for equal shares theorists who wish to maintain the view in the face of my critique, and attempt to show that one approach holds more promise than the other. (shrink)

In my reply to Pogge's critique of Rawls's international relations theory, I will try to show two things: (1) that Pogge's account of the public criterion of domestic social justice endorsed by Rawls is a partial one and (2) that this leads him to wrongly postulate a significant asymmetry between Rawls's domestic and international theories of justice. In the end, I hope to show that the domestic and international accounts are characterized by a significant degree of symmetry ? that both (...) accounts are motivated by Rawls's fundamental concern with self-respect. In other words, a more expansive, complete account of the domestic public criterion of social justice necessarily leads us (contra Pogge) to affirm a significant degree of continuity between the domestic and international accounts. (shrink)

Medical practitioners have traditionally seen themselves as part of an international community with shared and unifying scientific and ethical goals in the treatment of disease, the promotion of health, and the protection of life. This shared mission is underpinned by explicit acceptance of traditional concepts of medical morality, and by an implied link between individual human rights and the ethics of medical practice long enshrined in a range of World Medical Association (WMA) and other medical codes. These have been powerful (...) instruments exhorting individual practitioners to promote health and to defend universal principles in order to protect their patients and the physician-patient relationship even in the face of authoritarian state coercion and imposed national ideologies and policies. There has been widespread support for this approach and this should be intensified. (shrink)

In this article, I explore recent work on realist political theory and international politics. I discuss how scholarship on the topic emanates from two different fields—International Relations and political philosophy—and argue that there is a good case for greater engagement between them. I open by delineating various kinds of realism, showing that the term covers a wide variety of methodological and political approaches. In particular, I suggest, it is important to recognize the difference between liberal and radical approaches. The remainder (...) of the essay examines assorted examples of realist international political theorizing, work that ranges from attempts to rewrite the canon of 20th century political thought to contributions to the vibrant global justice debates. (shrink)

Cosmopolitans typically argue that the realization of cosmopolitan ideals requires the creation of global political institutions of some kind. While the precise nature of the necessary institutions is widely discussed, the problem of the transition to such an order has received less attention. In this paper, we address what we take to be a crucial aspect of the problem of transition: we argue that it involves a moral coordination problem because there are several morally equivalent paths to reform the existing (...) order, but suitably placed and properly motivated political agents need to converge on a single route for the transition to be successful. It is, however, unclear how such a convergence can take place since the duty to create global institutions does not single out any coordination point. We draw on the so-called theory of hegemonic stability to address this problem and conceptualize what we call the hegemonic transition. From an explanatory point of view, we rely on the theory’s insights to explain how a hegemon may contribute to the creation of a rules-based international order by providing salient coordination points and accordingly, enabling coordination among states. From the normative point of view, we identify necessary conditions for the hegemonic transition to be morally permissible. To the extent that these conditions obtain, other states have pro tanto moral reasons to follow the salient coordination point provided by the leading state. (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

This article argues the benefits of including a theological interpretation of natural law morality within the normative discourses of international politics. It challenges the assumption of a Grotian secular natural law arguing that practical reason, in a Thomist interpretation, is better suited to the demands of international political theory. It engages with themes of agency, practical reason, and community in order to enhance the content of the post-territorial community evidenced in ethical cosmopolitan debates. Likewise, it envisions simultaneously enhancing a rapprochement (...) among cosmopolitan and communitarian discourses of international politics facilitated through an institutional design guided by the morality of natural law. (shrink)

Bioethics is not a spectator sport. Health is an applied field that requires that insight be connected to the real world. Few have done more thoughtful writing on the need to advance a moral basis...

This essay addresses the questions of whether and how much responsibility for extreme poverty should be assigned to global and domestic institutional orders. The main focus is on whether the global order brings about the existing levels of extreme poverty or merely allows them. By examining Thomas Pogge's recent contribution on this topic, I argue that although he builds a plausible case for the claim that the global order brings about, and not merely fails to prevent, extreme poverty, the moral (...) and empirical complexity of the situation leaves room for doubting his conclusions. I conclude, however, that it is enough that there be a reasonable chance—though not conclusive evidence—that the global order brings about the existing extreme poverty to reduce considerably the moral weight of its privileged participants' appeal to cost when justifying their not taking steps to alleviate extreme poverty. (shrink)

There is no cure or vaccine for HIV/AIDS. The only life-prolonging treatment available is antiretroviral (ARV) therapy. WHO estimates, however, that less than 5 percent of those who require treatment in developing countries currently enjoy access to these medicines. In Africa fewer than 50,000 people–less than 2 percent of the people in need–currently receive ARV therapy. These facts have elicited strongly divergent reactions, and views about the appropriate response to this crisis have varied widely.The intensity of the debate concerning access (...) to life-prolonging medicines for the treatment of HIV/AIDS, and the heated rhetoric with which they are often conducted, suggest that these disagreements may be rooted in deeper disagreements of value. It is not obvious, however, what disagreements of value are at stake in this debate. By analyzing the statements of scholars, public officials, activist organizations, and private sector representatives, each of whom may endorse very different policy recommendations on access to HIV/AIDS drugs, we have identified and created a typology of the different sources of disagreement in the debate. We conclude that the central disagreements concerning access to medicines arise from competing understandings of how responsibilities for bringing remedy to hardships should be allocated to different agents and institutions. A central lesson that emerges from our analysis is that thinking about “health equity” must extend beyond the explanation and justification of goals, values, and ideals, and engage more honestly with the difficult question of how responsibilities for bringing remedy to health crises should be allocated in complex social contexts. (shrink)

ABSTRACT:Little theoretical attention has been paid to the question of what obligations corporations and other business enterprises have to the four billion people living at the base of the global economic pyramid. This article makes several theoretical contributions to this topic. First, it is argued that corporations are properly understood as agents of global justice. Second, the legitimacy of global governance institutions and the legitimacy of corporations and other business enterprises are distinguished. Third, it is argued that a deliberative democracy (...) model of corporate legitimacy defended by theorists of political CSR is unsatisfactory. Fourth, it is argued that a Rawlsian theoretical framework fails to provide a satisfactory account of the obligations of corporations regarding global justice. Finally, an ethical conception of CSR grounded in an appropriately modest set of duties tied to corporate relationships is then defended. This position is cosmopolitan in scope and grounded in overlapping arguments for human rights. (shrink)

Dozens of countries have established Sovereign Wealth Funds (SWFs) in the last decade or so, in the majority of cases employing those funds to manage the large revenues gained from selling resources such as oil and gas on a tide of rapidly rising commodity prices. These funds have raised a series of ethical questions, including just how the money contained in such funds should eventually be spent. This article engages with that question, and specifically seeks to connect debates on SWFs (...) with debates onglobaljustice. Just how good are national claims to the great wealth contained in SWFs in the first place? Using the example of Norway's very large SWF – derived from selling North-Sea petroleum – I show that national claims are at least sometimes very weak, with the implication that the wealth in many such funds is ripe for redistribution in the interests of global justice. I conclude by offering some guidance for how the money contained in such funds could best be spent, with the goal of advancing global justice. (shrink)

To whom is egalitarian justice owed? Our fellow citizens, or all of humankind? If the latter, what form might a global brand of egalitarianism take? This paper examines some recent debates about the justification, and content, of global egalitarian justice. It provides an account of some keenly argued controversies about the scope of egalitarian justice, between those who would restrict it to the level of the state and those who would extend it more widely. It also notes the cross-cutting distinction (...) between relationists (whose views on scope are derived from a belief about which relations, practices or institutions give rise to the demands of equality) and non-relationists (who place no such importance on empirical facts about the relations between individuals). Beyond this, it sets out some of the different principles that might flow from a commitment to global egalitarianism. One of the key goals is to highlight the increasing diversity within debates on global justice, so that even those with a shared commitment to global equality may espouse different views about the justifications for equality, as well as the nature of, and proper sites for, egalitarian principles. (shrink)

This article makes the normative case for a differentiated approach to the sovereignty of states over natural resources. In the first half of the article, drawing on the example of the Yasuní-ITT-Initiative, I will argue that countries commit a moral wrong when they exploit natural resources for their own benefit, but that they have the moral right to do so given the current structure of the international system. In the second half of the article, I address the question of whether (...) states' rights over natural resources can be justified. Central to my argument will be the distinction between “control rights” and “income rights.” Only control rights, I will argue, can be justified as inherently tied to collective self-determination. (shrink)

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)

According to the special-obligations challenge to the justice argument for more open borders, immigration restrictions to wealthier polities are justified because of special obligations owed to disadvantaged compatriots negatively impacted by the immigration of low-skilled foreign workers. We refute the special-obligations challenge by refuting its empirical premise and draw out the normative implications of the empirical evidence for border policies. We show that immigration to wealthier polities has negligible impact on domestic wages and that only previous cohorts of immigrants are (...) adversely affected. The special-obligations challenge therefore succeeds only if special obligations owed to previous immigrants justify closing borders to further immigration; we argue that they do not. (shrink)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)