In this paper, we argue that the All Affected Principle generates a puzzle when applied to carbon tax referendums. According to recent versions of the All Affected Principle, people should have a say in a democratic decision in positive proportion to how much the decision affects them. Plausibly, one way of being affected by a carbon tax referendum is to bear the economic burden of paying the tax. On this metric of affectedness, then, people who pollute a lot are ceteris (...) paribus more affected than people who don’t, because the former stands to pay more in carbon taxes than the latter. Consequently, people who pollute a lot receive large voting power, while people who pollute a little receive little voting power. This is a puzzling distribution of voting power for several reasons. First, it is instrumentally counterproductive if the goal is to rectify damages to the climate. Second, it introduces prudential incentives for everyone to pollute more to gain voting power. Third, the relative difference in voting power between people who pollute a lot and people who don’t is puzzling from a desert-based point of view, since the former often make a serious effort to avoid polluting, while the latter don’t. (shrink)

The United Nations Framework Convention on Climate Change principle of ‘common but differentiated responsibility’ admits many interpretations. In the philosophical literature on climate justice, it has typically been cashed out in terms of the following three principles: the ability to pay principle (APP), the beneficiary pays principle (BPP), and the contribution to problem principle (CPP). Many of these accounts have given prominence to the CPP and APP, but there are some who argue that the BPP deserves greater consideration. In this (...) paper, I want to ask whether the BPP must feature in any plausible account of remedial responsibility for climate change. I examine this question by looking at three different ways in which the BPP has been incorporated into accounts of climate burden-sharing. In each case, there are questions about the particular role that the BPP is assigned and it looks like either the BPP must be given equal prominence to the CPP, or the BPP might be redundant when it comes to specific task of remedying the injustices of climate change. I suggest in the conclusion one possible reason to maintain the BPP. (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

Action must be taken to combat climate change. Yet, how the costs of climate action should be allocated among states remains a question. One popular answer—the polluter-pays principle (PPP)—stipulates that those responsible for causing the problem should pay to address it. While intuitively plausible, the PPP has been subjected to withering criticism in recent years. It is timely, following the Paris Agreement, to develop a new version: one that does not focus on historical production-based emissions but rather allocates climate burdens (...) in proportion to each state’s annual consumption-based emissions. This change in carbon accounting results in a fairer and more environmentally effective principle for distributing climate duties. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter introduces (...) several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

The Intergovernmental Panel for Climate Change has over the past decade repeatedly warned that we are heading towards inevitable and irreversible climate change, which will negatively affect the lives, livelihoods, and well-being of millions of people around the world, both at present and in the future. In fact, many people, especially vulnerable and marginalized communities in low- and middle-income countries, already live with the effects of climate change in their daily lives. While adaptation – along with mitigation and compensation for (...) loss and damage as a consequence of climate change – was identified as the central pillars of a just climate policy in the Paris Agreement it is unclear whether this entails a right to adaptation – that some people are owed, as a matter of justice, to have the ability to adapt to climate change – and, if so, what such a right would look like. In this paper, I argue that individuals and communities who are or will be negatively affected by climate change through no fault of their own should have the right to adaptation. I argue that the right to adaptation should be specified through four questions: (i) who has a right to adaptation; (ii) what is it a right to; (iii) how much is it a right to; and (iv) who has the duty to uphold the right to adaptation? (shrink)

In der gegebenen globalen Governance-Struktur stellen souveräne Einzelstaaten die zentralen kollektiven Akteure dar, die Verantwortung für einen zeitnahen und eff ektiven Klimaschutz übernehmen müssen. Dieser Aufsatz vertritt die These, dass die Diff erenzierung der Einzelstaaten zumutbaren Verantwortung die Bedingungen berücksichtigen sollte, aufgrund derer sie als kollektivverantwortungsfähige Akteure verstanden werden können. Dies gilt sowohl mit Blick auf ihre historische Verantwortung für die Verursachung des Klimawandels als auch im Hinblick auf die Zukunft. Dabei ist für zeitnahen und eff ektiven Klimaschutz von zentraler (...) Bedeutung, dass die Verantwortungsfähigkeit aller Mitgliedsstaaten der UNFCCC erhalten bleibt, damit sie als kollektive Akteure ihren diff erenzierten Beitrag leisten können. (shrink)

Why should leaders of polities; as representatives of citizens; be required to apologise and make reparations for deeds committed in the historical past? Assumptions commonly made by liberals about the scope of responsibility and the duties of citizens make this question difficult to answer. This paper considers some unsuccessful attempts within a liberal framework to defend obligations of reparation for historical injustices and puts forward an account based on the lifetime-transcending interests of citizens.

Climate change poses grave threats to many people, including the most vulnerable. This prompts the question of who should bear the burden of combating ?dangerous? climate change. Many appeal to the Polluter Pays Principle. I argue that it should play an important role in any adequate analysis of the responsibility to combat climate change, but suggest that it suffers from three limitations and that it needs to be revised. I then consider the Ability to Pay Principle and consider four objections (...) to this principle. I suggest that, when suitably modified, it can supplement the Polluter Pays Principle. (shrink)

It is often assumed that in order to avoid the most severe consequences of global anthropogenic climate change we have to preserve our existing carbon sinks, such as for instance tropical forests. Global carbon sink conservation raises a host of normative issues, though, since it is debatable who should pay the costs of carbon sink conservation, who has the duty to protect which sinks, and how far the duty to conserve one’s carbon sinks actually extends, especially if it conflicts with (...) other duties one might have. According to some, forested states like Ecuador have a duty to preserve their tropical forests while the rich states of the global North have a duty of fairness to compensate states like Ecuador for the costs they incur. My aim in this paper is to critically analyse this standard line of argument and to criticise its validity both internally and externally. As I will argue, the duty to conserve one’s forests is only a particular instantiation of a wider, more general duty to contribute towards global climate justice for which the context in which one operates matters significantly. (shrink)

The paper argues against the assumption that citizens of industrialized countries bear responsibility for greenhouse emissions in the nineteenth and early twentieth centuries. An array of arguments for such a historic responsibility is refuted. The crucial role of the assumption of a liability for bona fide misappropriation in a state of nature (Lockean strict liability) is pointed out.

The paper examines two backward-looking principles about how the costs of mitigating and adapting to climate change should be distributed. According to the polluter pays principle, such costs should be borne by those who caused climate change. According to the beneficiary pays principle, they should be borne by those who have benefited from the activities causing climate change, regardless of whether they took part in such activities or not. The paper unpacks both principles, considers their main problems and contends that, (...) when properly combined, they can address such problems. (shrink)

Critics of carbon mitigation often appeal to what Jonathan Glover has called ‘the argument from no difference’: that is, ‘If I don’t do it, someone else will’. Yet even if this justifies continued high emissions by the industrialised countries, it cannot excuse business as usual. The North’s emissions might not harm the victims of climate change in the sense of making them worse off than they would otherwise be. Nevertheless, it receives benefits produced at the latter’s expense, with the result (...) that it has more than it deserves, and that victims will have less. This enrichment is unjust; unjustly enriched agents ought to make compensation. The best form of compensation is vigorous action against climate change. (shrink)

Climate change and other contemporary harms are often depicted as New Harms because they seem to constitute unprecedented challenges. This New Harms Discourse rests on two important premises, both of which we criticise on empirical grounds. First, we argue that the Premise of changed conditions of human interaction—according to which the conditions regarding whom people affect have changed recently and which emphasises the difference with past conditions of human interaction—risks obfuscating how humanity’s current predicament is merely the transient result of (...) long-term, gradual processes and developments. Second, we dispute the Premise that New Harms have certain features that render them new and argue that New Harms share characteristics with other harms. On the basis of these premises, the New Harms Discourse concludes that climate change is a unique social challenge that requires radically new moral thinking, but we argue that this Uniqueness Myth distracts attention from the valuable lessons we can draw from humanity’s successes and failures in dealing with past harms. We will illustrate how action to tackle climate change and other complex, systemic harms can be informed by the interdisciplinary study of historic harms. We will argue that rejecting the New Harms Discourse is not only empirically justified, it also gives cause for optimism, because it opens up the possibility to draw upon the past to face problems in the present and future. (shrink)

_ Source: _Page Count 20 According to the fair play defense of political obligations citizens have a reciprocity-based duty to share the costs involved in the production of public goods. But sometimes, states produce collective goods through wrongdoing. For example, sometimes states’ wrongful immigration policies can contribute to the welfare of their own populations. Do citizens have duties of reciprocity in light of such wrongful benefits? I argue that the answer to this question is negative. Drawing on the observation that (...) beneficiaries of wrongdoing incur compensatory duties to the victims of that wrongdoing, I argue that, rather than having a duty of reciprocity for wrongful benefits, citizens have a duty to disgorge the benefits in compensation. Furthermore, the fair play defense of political obligations entails that citizens can be justified in disobeying the law in order to comply with their compensatory duties to victims of their state’s wrongdoing. (shrink)

In this paper, I explore the question of how the costs of undertaking an important type of climate change mitigation should be shared amongst states seeking an environmentally effective and equitable response to global climate change. While much of the normative literature on climate mitigation has focused on burden sharing within the context of reductions in emissions of greenhouse gas, I explore the question of how the costs of protecting tropical forests in order to harness their climate mitigation potential should (...) be distributed amongst developing and developed states. In response to this question, I outline and defend a ‘beneficiary pays’ account of forestry mitigation burden sharing that requires affluent states to finance measures supporting avoided deforestation while less affluent states, within whose territory these forests tend to be located, implement these measures. The normative basis for this account, I argue, is a principle of ‘unjust enrichment’ according to which developed states must bear much of the cost of avoided deforestation for its climate mitigation potential because of the huge economic benefits their citizens have accumulated from productive activities that have contributed to climate change. (shrink)

Agents sometimes innocently benefit from the wrongdoing perpetrated by others. It has been asserted that when this happens the beneficiary acquires a defeasible duty to disgorge these benefits until the beneficiary’s gain is extinguished or the victim’s loss has been reversed. At the same time, critics have denied the existence of duties of disgorgement. In this paper, we contribute to this debate by proposing a novel account of the underlying justification, or rationale, for disgorgement duties grounded in the value of (...) corrective justice. An agent benefiting from injustice has a duty to disgorge, on this account, because fulfilling this duty helps correct injustice by making it as though the transaction that wrongfully enriched them had never happened. We go on to address five objections to this account of disgorgement duties and argue that the corrective justice account can withstand these objections. (shrink)

How should the world's remaining carbon budget be divided among countries? We assess the role of a fault‐based principle in answering this question. Discussion of the role of historical emissions in dividing the global carbon budget has tended to focus on emissions before 1990. We think that this is in part because 1990 seems so recent, and thus post‐1990 emissions seem to constitute a lesser portion of historical emissions. This point of view was undoubtedly warranted in the early 1990s, when (...) discussion of fault‐based principles in this context began. While this view still has some intuitive force, we find that it and the associated focus on pre‐1990 emissions are now out of date. Emissions since 1990 in fact constitute a large and rapidly increasing proportion of emissions since 1750 – approximately half of the carbon emissions due to fossil fuel use and cement production, at the time of writing. We show that a restricted fault‐based principle, according to which emissions should be divided among countries on the basis of their emissions since 1990, is both viable and powerful. We consider standard objections to a fault‐based principle in this context, how such a principle might more concretely be applied, and its likely implications. (shrink)

A key reason for pessimism with respect to greenhouse gas emissions reduction relates to the ?motivation problem?, whereby those who could make the biggest difference prima facie have the least incentive to act because they are most able to adapt: how can we motivate such people (and thereby everyone else) to accept, indeed to initiate, the changes to their lifestyles that are required for effective emissions reductions? This paper offers an account inspired by Rawls of the good of membership of (...) ?intergenerational cooperative union? to achieve justice that provides a solution to the motivation problem. (shrink)

Human consumption of pharmaceuticals often leads to environmental release of residues via urine and faeces, creating environmental and public health risks. Policy responses must consider the normative question how responsibilities for managing such risks, and costs and burdens associated with that management, should be distributed between actors. Recently, the Polluter Pays Principle (PPP) has been advanced as rationale for such distribution. While recognizing some advantages of PPP, we highlight important ethical and practical limitations with applying it in this context: PPP (...) gives ambiguous and arbitrary guidance due to difficulties in identifying the salient polluter. Moreover, when PPP does identify responsible actors, these may be unable to avoid or mitigate their contribution to the pollution, only able to avoid/mitigate it at excessive cost to themselves or others, or excusably ignorant of contributing. These limitations motivate a hybrid framework where PPP, which emphasizes holding those causing large-scale problems accountable, is balanced by the Ability to Pay Principle (APP), which emphasizes efficiently managing such problems. In this framework, improving wastewater treatment and distributing associated financial costs across water consumers or taxpayers stand out as promising responses to pharmaceutical pollution from human use. However, sound policy depends on empirical considerations requiring further study. (shrink)

Climate change can be interpreted as a unique case of historical injustice involving issues of both intergenerational and global justice. We split the issue into two separate questions. First, how should emission rights be distributed? Second, who should come up for the costs of coping with climate change? We regard the first question as being an issue of pure distributive justice and argue on prioritarian grounds that the developing world should receive higher per capita emission rights than the developed world. (...) This is justified by the fact that the latter already owns a larger share of benefits associated with emission generating activities because of its past record of industrialisation. The second question appears to be an issue of compensatory justice. After defining what we mean by compensation, we show that different kinds of compensatory principles run into problems when used to justify payments by historical emitters of the North to people suffering from climate change in the South. As an alternative, we propose to view payments from wealthy countries for adaptation to climate change in vulnerable countries rather as a measure based on concerns of global distributive justice. (shrink)

Journal of Political Philosophy, Volume 30, Issue 3, Page 395-408, September 2022.

The objective of this paper is to explain why certain authors - both popular and academic - are making a mistake when they attribute obligations to uncoordinated groups of persons, and to argue that it is particularly unhelpful to make this mistake given the prevalence of individuals faced with the difficult question of what morality requires of them in a situation in which there's a good they can bring about together with others, but not alone. I'll defend two alternatives to (...) attributing obligations to uncoordinated groups. The first solution has us build better people, who will coordinate their actions willingly and spontaneously when the occasion arises. The second solution has us build better groups, so that when the occasion arises, there is a framework in place for coordinating members into action. (shrink)

Is the state a collective agent? Are citizens responsible for what their states do? If not citizens, then who, if anyone, is responsible for what the state does? Many different sub-disciplines of philosophy are relevant for answering these questions. We need to know what “the state” is, who or what it's composed of, and what relation the parts stand in to the whole. Once we know what it is, we need to know whether that thing is an agent, in particular (...) a moral agent capable of taking moral responsibility for its actions. We have to know what it takes for it to be capable of moral responsibility, e.g., what the functional equivalents in groups are of knowledge, intention, foreseeability, recklessness, and so on. And once we've established that it is an agent, and is responsible for what it does, we have to explain whether and in what way this implicates members, i.e., whether state responsibility distributes to the members of states, whoever they may be. Answers to these questions come from metaphysics, social ontology, action theory, epistemology, political theory, and ethics. In what follows, we'll give an outline of some different ways of answering these questions. (shrink)

Emissions grandfathering holds that a history of emissions strengthens an agent’s claim for future emission entitlements. Though grandfathering appears to have been influential in actual emission control frameworks, it is rarely taken seriously by philosophers. This article presents an argument for thinking this an oversight. The core of the argument is that members of countries with higher historical emissions are typically burdened with higher costs when transitioning to a given lower level of emissions. According to several appealing views in political (...) philosophy (utilitarianism, egalitarianism, prioritarianism, and sufficientarianism) they are therefore entitled to greater resources, including emission entitlements, than those in similar positions but with lower emissions. This grandfathering may play an especially important role in allocating emission entitlements among rich countries. (shrink)

This paper argues that the Lockean proviso can be utilized as a relevant principle of justice for food security under global climate change. Since reducing GHG emissions is key to enhancing food security, we suggest a global food security scheme that systematically allots, among all people, access to GHG sinks in food systems impacted by global climate change. For consideration of the scheme, it is important to have a principle of justice. Furthermore, it should incorporate the value of fairness. A (...) relevant principle of climate justice for food security should meet the following criteria: (1) the parties concerned under the scheme are states; (2) fairness does not undermine the requirement that the basic needs of all people must be met; (3) when determining fair burdens, a fair distribution of the rights to use GHG sinks should be sensitive both to each state’s responsibility for its GHG emissions and to (4) each state’s effort to reduce such emissions. With them in mind, first, we argue that the Lockean proviso can provide legitimate guidance for each state. Second, the Lockean proviso reasonably enjoins that a state has a right to a food system that secures its citizens’ basic needs, and a duty to meet the basic needs of other people. Third, the Lockean proviso can be deployed as a principle of both global justice and intergenerational justice for food security. Finally, the Lockean proviso enables us to count the reduction of GHG emissions by each state as “the fruits of its labors”. (shrink)

Many theorists claim that if an agent benefits from an action that harms others, that agent has a moral duty to compensate those who are harmed, even if the agent did not cause the harm herself. In the debate on climate justice, this idea is commonly referred to as the beneficiary-pays principle . This paper argues that the BPP is implausible, both in the context of climate change and as a normative principle more generally. It should therefore be rejected.

Many theorists claim that if an agent benefits from an action that harms others, that agent has a moral duty to compensate those who are harmed, even if the agent did not cause the harm herself. In the debate on climate justice, this idea is commonly referred to as the beneficiary-pays principle. This paper argues that the BPP is implausible, both in the context of climate change and as a normative principle more generally. It should therefore be rejected.

A common objection to sufficientarianism is that it allows large inequalities above the threshold. A sharpened form of this objection highlights that this indifference also encompasses large inequalities in the distribution of burdens. Consider the burdens that follow from climate change. A theory that does not rule out placing these burdens on the worst off (of the sufficiently well off) will appear implausible to many. This paper assesses ways of addressing this objection and defends a revised conception of sufficientarianism that (...) can demand fair distribution of burdens (and benefits) above the sufficiency threshold, without giving up core sufficientarian theoretical commitments. (shrink)

Many have argued that that it is morally wrong to benefit from an agent's culpable wronging of a third party. This thought has formed the basis of some arguments that agents can have duties to make up for wrongful acts by others that they could not have stopped, or that occurred before they were born. For example, it has been argued that those who benefited from slavery, colonialism and other shameful events in their nation's history should surrender those benefits, their (...) equivalent value, or provide other forms of redress. Some have also argued that it is morally wrong to benefit from unjust situations caused by third parties even where there is no culpable element. These ideas have potential to be a principle of redress for harms that are caused by the working of very complex systems, such as the global climate system. Geoengineering, the intentional manipulation of the global climate, is a new development in climate science and policy — and one which raises many normative challenges. This article focuses on one specific challenge. The global climate is very complex and there is a real possibility that the best available science will not be able to account for all the consequences of deploying a geoengineering technique. Therefore, any governance regime that allows deployment will have to consider how to organise compensation or redress for any adverse impacts that could not have been predicted at the time of deployment. This article proposes that, with some modification, the principle that agents should surrender benefits that have accrued to them from using geoengineering techniques, can be a good basis for such a scheme. (shrink)

Some believe that the mere beneficiaries of wrongdoing of others ought to disgorge their tainted benefits. Others deny that claim. Both sides of this debate concentrate on unavoidable beneficiaries of the wrongdoing of others, who are presumed themselves to be innocent by virtue of the fact they have neither contributed to the wrong nor could they have avoided receiving the benefit. But as we show, this presumption is mistaken for unavoidable beneficiaries who intend in certain ways to benefit from wrongdoing, (...) and who have therefore done something wrong in forming and acting on such an intention. (shrink)

Debates about individual responsibility for climate change revolve mainly around individual mitigation duties. Mitigation duties concern future impacts of climate change. Unfortunately, climate change has already caused important harms and it is foreseeable that it will cause more in the future, in spite of our best efforts. Thus, arguably, individuals might also have duties related to those harms. In this paper, I address the question of whether individuals are obligated to provide compensation for climate related harms that have already occurred. (...) I explore two possible strategies to answer that question. The straightforward strategy answers in the affirmative. Two approaches embrace this strategy: the ‘ecological citizenship’ approach and the benefits-based approach. I challenge those two approaches and rule out an affirmative answer. The alternative strategy answers in the negative but provides a way to respond to why currently living individuals should pay for burdens created for past individuals. Two possible approaches embrace this alternative: the community-based approach and my own state-based benefits approach. I will argue that individual duties do not fall under the realm of compensatory justice, but they have nonetheless a duty to bear compensatory burdens allocated to their states. (shrink)

According to the Beneficiary Pays Principle, innocent beneficiaries of an injustice stand in a special moral relationship with the victims of the same injustice. Critics have argued that it is normatively irrelevant that a beneficiary and a victim are connected in virtue of the same unjust 'source'. The aim of this paper is to defend the Beneficiary Pays Principle against this criticism. Locating the principle against the backdrop of corrective justice, it argues that the principle is correct in saying that (...) innocent beneficiaries of an injustice may have an extra reason to assist the victims of that injustice. This is because it may be necessary to defeat the immoral plan of the perpetrator of the injustice and because it may satisfy weak restitution. The conclusion is that the principle is distinctive from related views, such as that property should be returned to its rightful owner or that tainted benefits should be given up for general use. (shrink)

For all the talk there has been lately about privilege, few have commented on the moral obligations that are associated with having privilege. Those who have commented haven't gone much beyond the idea that the privileged should be conscious of their privilege, should listen to those who don't have it. Here we want to go further, and build an account of the moral obligations of those with a particular kind of privilege: race privilege. In this paper we articulate an understanding (...) of race privilege, say how a person can know when she has it, and argue that a race-privileged person has obligations to offset her privilege. We make concrete suggestions for how she can, at least approximately, do this. We use particular racial group disparities in the United States as our running example throughout the paper, although our conclusions generalize. (shrink)

Within the climate justice debate, the ‘beneficiary pays’ principle holds that those who benefit from greenhouse emissions associated with industrialization ought to pay for the costs of mitigating and adapting to their adverse effects. This principle constitutes a claim of inter-generational justice, and it is widely believed that the non-identity problem raises serious difficulties for any such claim. After briefly sketching the rationale behind ‘beneficiary pays,’ this paper offers a new way of understanding the claim that persons in developed societies (...) have benefited from industrialization. It argues that when we think of the claim in this new way, it evades the non-identity problem entirely. Some objections to this approach are then considered and rebutted. The paper concludes by comparing the present, relatively modest solution to the nonidentity problem with a much more ambitious attempt from the recent literature. (shrink)

I will discuss the relationship between two different accounts of remedial duty ascriptions. According to one account, the beneficiary account, individuals who benefit innocently from injustices ought to bear remedial responsibilities towards the victims of these injustices. According to another account, the causal account, individuals who caused injustices ought to bear remedial duties towards the victim. In this paper, I examine the relation between the principles central to these accounts: the Beneficiary Pays Principle and the well-established principle of Strict Liability (...) in law. I argue that both principles display a strong yet unexplored similarity as they make certain kinds of causal connection sufficient for incurring liability. Because of this similarity, I suggest that insights into the Beneficiary Pays Principle can be gained from exploring its relation with Strict Liability. In particular, I examine two new positive arguments that could be adapted to support of the Beneficiary Pays Principle: the Minimising Injustice Argument and the Normative Connection Argument. However, I’ll show that only one of those arguments, namely the Normative Connection Argument, can truly support the Beneficiary Pays Principle. I conclude that, if you endorse the Normative Connection Argument for Strict Liability, you have at least a strong prima facie reason to endorse the parallel argument for the Beneficiary Pays Principle. (shrink)

The prospect of dangerous climate change requires Humanity to limit the emission of greenhouse gases. This in turn raises the question of how the permission to emit greenhouse gases should be distributed and among whom. In this article the author criticises three principles of distributive justice that have often been advanced in this context. He also argues that the predominantly statist way in which the question is framed occludes some morally relevant considerations. The latter part of the article turns from (...) critique and advances a new way of addressing the problem. In particular, first, it proposes four key theses that should guide our normative analysis; and, second, it outlines how these four theses can be realised in practice. (shrink)

A theory of intergenerational justice consists in the study of the moral and political status of the relations between present and past or future people, more specifically, of the obligations and entitlements they can potentially generate. The challenges that justify talking about responsibilities between generations are myriad. And the disputes they prompt can focus on the past just as much as on the present, even though the fact that the human species has reached a state of technological progress that enables (...) it to have an irredeemable impact on the planet and perhaps even endanger future human existence tends to make concerns about the future more pressing. Debates on intergenerational justice are twofold. The first revolves around the issue of whether claims of justice across generations whose members' lifetimes do not necessarily overlap could be justified. And the second revolves around the specific conception of justice in play, that is, around the nature of the standard that must be applied as well as around the identification of the contents of the duties that present generations supposedly have vis-à-vis past or future generations. This survey article depicts the conceptual and argumentative framework in which these debates are set. It aims to outline certain of the main features shared by the most influential contemporary theories of intergenerational justice, and the problems inherent in them. It concludes by suggesting that, even though the idea of succeeding generations is merely an abstraction, there are specific empirical states of affairs that require different theoretical responses to intergenerational justice. (shrink)

This paper sketches an account of reparative justice for climate refugees, focusing on total land loss due to sea-level rise. I begin by outlining the harm of this loss in terms of self-determination and cultural heritage. I then consider, first, who is owed these reparations? Second, who should pay such reparations? Third, in what form should the reparations be paid? I end with thoughts on the project of reparative justice more generally, arguing that such obligations do not depend upon a (...) perfect account of how reparations might be fulfilled; we simply have an obligation to shoot the arrow as close to the target as we can. (shrink)

In this paper I discuss a popular position in the climate justice literature concerning historical accountability for climate change. According to this view, historical high-emitters of greenhouse gases—or currently existing individuals that are appropriately related to them—are in possession of some form of emission debt, owed to certain of those who are now burdened by climate change. It is frequently claimed that such debts were originally incurred by historical emissions that violated a principle of fair shares for the world’s natural (...) resources. Thus, a suitable principle of natural resource justice is required to render this interpretation of historical accountability complete. I argue that the need for such a principle poses a significant challenge for the historical emission debt view, because there doesn’t appear to be any determinate answer to the question what a fair share of climate sink capacity would have been historically. This leaves the historical emission debt view incomplete and thus unable to explain a powerful intuition that appears to motivate the view: namely, that there is something unjust about how the climate sink has historically been used. I suggest an alternative explanation of this common intuition according to which historically unequal consumption of climate sink capacity, whether or not wrongful in and of itself, is a symptom of broader global injustice concerning control over and access to the world’s natural resources. This broader historical injustice will be harder to quantify and harder to repair than that which the historical emission debt purports to identify. (shrink)

This article asks whether firms should contribute to the costs of procreation and parenthood. We explore two sets of arguments. First, we ask what the principle of fair play – central in parental justice debates – implies. We argue that if one defends a pro-sharing view, firms are required to shoulder part of the costs of procreation and parenthood. Second, we turn to the principle of fair equality of opportunity. We argue that compensating firms for costs they incur because their (...) employees decide to procreate or parent may undermine some of the incentives leading to (statistical) discrimination in the workplace. (shrink)

This article asks whether firms should exempt employees when they object to elements of their work that go against their conscience. Fairness requires that we follow the rules of an organization we have joined voluntarily only if these rules express mutual advantage. In corporations, I argue that subordination and exemption provides for mutual advantage better than subordination plus right of exit. This is because agents want to protect their conscientious convictions, even in hierarchical organizations geared towards efficient preference satisfaction. Thus (...) exemptions should be granted in unforeseeable circumstances, provided the costs are limited. (shrink)

In On Trade Justice, Risse and Wollner defend an account of trade justice on which the central requirement, applying to both states and firms, is a requirement of non-exploitation. On their view, trade exploitation consists in ‘power-induced failure of reciprocity’, which generates an unfair distribution of the benefits and burdens associated with trade relationships. In this paper, I argue that while there are many appealing features of Risse and Wollner’s account, their discussion does not articulate and develop the unified picture (...) of states’ and firms’ obligations that they aim to provide as clearly as it might have. In particular, it is, I claim, unclear exactly how they understand the relationship between the fairness-based requirements that apply to states and those that apply to firms. I argue that there are two types of accounts that they might accept: a transactional account and a structural account. I offer reasons to think that there are reasons to prefer a structural account. In addition, I note some of the key implications of accepting such an account, and suggest that if Risse and Wollner accept these implications and revise other aspects of their view accordingly, the result is a plausible and unified account of what trade justice requires. (shrink)

Some moral theorists argue that being an innocent beneficiary of significant harms inflicted by others may be sufficient to ground special duties to address the hardships suffered by the victims, at least when it is impossible to extract compensation from those who perpetrated the harm. This idea has been applied to climate change in the form of the beneficiary-pays principle. Other philosophers, however, are quite sceptical about beneficiary pays. Our aim in this article is to examine their critiques. We conclude (...) that, while they have made important points, the principle remains worthy of further development and exploration. Our purpose in engaging with these critiques is constructive — we aim to formulate beneficiary pays in ways that would give it a plausible role in allocating the cost of addressing human-induced climate change, while acknowledging that some understandings of the principle would make it unsuitable for this purpose. (shrink)

The first impacts of climate change have become evident and are expected to increase dramatically over the next decades. Thus, it becomes more and more pressing to decide who has to compensate those people who suffer from negative impacts of climate change but have neither contributed to the problem nor possess the resources to cope with the consequences. Since the frequently invoked Polluter Pays Principle cannot account for all climate-related harm, I will take a closer look at the much more (...) controversial Beneficiary Pays Principle. It is argued that, appropriately qualified, the Beneficiary Pays Principle can help to identify additional duty-bearers. Based on these results, I briefly comment on three different policy options to generate funds for compensation. (shrink)