Almost everyone believes that freedom from deprivation should have significant weight in specifying what justice between generations requires. Some theorists hold that it should always trump other distributive concerns. Other theorists hold that it should have some but not lexical priority. I argue instead that freedom from deprivation should have lexical priority in some cases, yet weighted priority in others. More specifically, I defend semi-strong sufficientarianism. This view posits a deprivation threshold at which people are free from deprivation, and an (...) affluence threshold at which people can live an affluent life, even though their lives may be even further improved beyond that point. I argue that freedom from deprivation in one generation lexically outweighs providing affluence in another generation; in all other cases, freedom from deprivation does not have lexical priority. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...) more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices. (shrink)

Institutions to address short-termism in public policymaking and to more suitably discharge our duties toward future generations have elicited much recent normative research, which this chapter surveys. It focuses on two prominent institutions: insulating devices, which seek to mitigate short-termist electoral pressures by transferring authority away to independent bodies, and constraining devices, which seek to bind elected officials to intergenerationally fair rules from which deviation is costly. The chapter first discusses sufficientarian, egalitarian, and prioritarian theories of our duties toward future (...) generations, and how an excessive focus on the short term in policymaking may hinder that such duties be fulfilled. It then surveys constraining and insulating devices, and inspects their effectiveness to address the epistemic, motivational, and institutional drivers of political short-termism as well as their intra- and intergenerational legitimacy. (shrink)

În acest capitol îmi revine sarcina de a prezenta unul dintre cele mai influente și mai dinamice curente din filosofia politică actuală. Este vorba, desigur, despre curentul care dă titlul acestui capitol: egalitarianismul.

Written both for general readers and college students, Dialogues on Climate Justice provides an engaging philosophical introduction to climate justice, and should be of interest to anyone wanting to think seriously about the climate crisis. -/- The story follows the life and conversations of Hope, a fictional protagonist whose life is shaped by a terrifyingly real problem: climate change. From the election of Donald Trump in 2016 until the 2060s, the book documents Hope’s discussions with a diverse cast of characters. (...) As she ages, her conversations move from establishing the nature of the problem, to engaging with climate skepticism, to exploring her own climate responsibilities, through managing contentious international negotiations, to considering big technological fixes, and finally, as an older woman, to reflecting with her granddaughter on what one generation owes another. Following a philosophical tradition established by Plato more than two thousand years ago, these dialogues are not only philosophically substantive and carefully argued, but also distinctly human. The differing perspectives on display mirror those involved in real-world climate dialogues going on today. (shrink)

Nu cu foarte mult timp în urmă, grupul de teorie socială şi politică din cadrul proiectului POSDRU 89/1.5/S/56815 „Societatea bazată pe cunoaştere-cercetări, dezbateri, perspective”, a publicat, tot la editura Institutul European, lucrarea Concepte şi teorii social-politice. Volumul de faţă reprezintă un nou pas al grupului nostru de lucru în realizarea proiectului inaugurat prin publicarea acelei lucrări. Este vorba, reamintesc, despre proiectul elaborării unor volume care să-i ajute pe cei interesaţi în iniţierea (lor sau a altora) în teoria (şi în special (...) filosofia) politică, mai ales în dezvoltările sale conceptuale, argumentative şi problematologice recente. Desigur, nu am intenţionat în mod expres ca aceste volume să fie utile doar în această direcţie. Speranţa noastră a fost, dimpotrivă, ca ele să fie interesante şi pentru cercetătorii cu experienţă în investigarea şi dezbaterea temelor abordate în cadrul lor, mai ales pentru că unele capitole prezintă idei, argumente sau perspective originale, care, credem noi, merită atenţia critică a comunităţii cercetătorilor români. Menirea lor fundamentală rămâne totuşi, în intenţia noastră, cea introductivă. Aşa cum recunoşteam în cuvântul său înainte, Concepte şi teorii socialpolitice nu este deloc un volum exhaustiv. Teorii şi ideologii politice reprezintă, în bună măsură, şi o încercare de a compensa cumva acest „defect” al volumului în cauză. Desigur, nici publicarea lui nu ne permite să susţinem că am atins obiectivul oferirii unei introduceri cât mai complete în teoria/filosofia politică actuală. Deşi Teorii şi ideologii politice prezintă câteva dintre cele mai importante teorii sau ideologii politice contemporane, există multe altele care nu sunt prezentate (sau cel puţin nu sunt prezentate atât de detaliat pe cât ar fi meritat) între paginile sale. Mă refer aici, spre exemplu, la libertarianism, comunitarianism, cosmopolitism sau capabilism (ca teorie a dezvoltării umane). Ne consolăm însă în baza a trei argumente. Unul este acela că, aşa cum se poate observa cu uşurinţă din cuprinsul său, cartea de faţă prezintă totuşi un număr important dintre principalele teorii şi ideologii politice recente (unele dintre ele pentru prima dată în literatura românească de specialitate). Al doilea este acela că unele dintre teoriile sau ideologiile politice care nu sunt abordate aici au beneficiat deja de prezentări competente şi atente la noi (unele dintre ele chiar în Concepte şi teorii social-politice). În sfârşit, al treilea argument este acela că sperăm cu toţii că prezentul volum nu reprezintă ultimul nostru pas în realizarea obiectivului menţionat în debutul acestei intervenţii. Sperăm, altfel spus, să putem prezenta acele teorii sau ideologii politice care nu şi-au găsit locul între paginile lui sau ale celui precedent cu o altă ocazie. Ţin să precizez însă că volumul pe care îl introduc prin această intervenţie nu este întrutotul o continuare a celui precedent, deşi între ele există, desigur, destule afinităţi, relaţii şi continuităţi tematice. Mai exact, el nu ar putea fi descris totalmente neproblematic ca reprezentând „al doilea tom” al volumului Concepte şi teorii social-politice. Titlul său este menit să indice acest lucru. Dacă lucrarea anterioară era centrată pe prezentarea unora dintre principalele concepte ale teoriei/filosofiei social-politice contemporane, cartea de faţă prezintă câteva dintre principalele teorii sau ideologii dezvoltate şi apărate de politologii, filosofii, economiştii sau „ideologii” politici contemporani. Nici de această dată nu voi încerca să rezum principalele idei expuse sau metodologii utilizate de către autori în prezentarea teoriilor sau ideologiilor politice care se regăsesc între paginile ce urmează. Temeiul meu este acelaşi: acolo unde au considerat că este cazul, autorii capitolelor şi-au rezumat ei înşişi ideile prezentate sau/şi metodologiile utilizate. În plus, cititorul interesat să-şi facă o idee prealabilă despre conţinutul ideatic şi problematologic al cărţii dispune de un rezumat al ei (în limbile engleză şi franceză) în finalul său. În consecinţă, mă voi mulţumi să închei doar prin a exprima încă o dată speranţa noastră că această carte se va dovedi utilă celor cărora li se adresează cu preponderenţă. Sperăm, în alte cuvinte, ca ea să le fie de ajutor în înţelegerea şi evaluarea adecvată a teoriilor şi ideologiilor pe care le prezintă. Şi mai important, sperăm că ea îi va stimula să caute să aprofundeze cercetarea acestor teorii şi ideologii şi – mai ales – să iniţieze propriile investigaţii sistematice şi riguroase în această privinţă. Dezvoltarea politologiei şi a filosofiei politice în spaţiul românesc, ca să nu mai vorbim despre clarificarea şi fundamentarea cât mai completă şi adecvată a opţiunilor ideologice ale partidelor politice din România, au nevoie de acest lucru. (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 21 Heft: 1 Seiten: 171-196.

In the presence of anthropogenic climate change, gross environmental degradation, and mass abject poverty, many political theorists currently debate issues such as people's right to water, the right to food, and the distribution of rights to natural resources more generally. However, thus far many theorists either focus (somewhat arbitrarily) only on one particular resource (e.g. water) or they treat all natural resources alike, meaning that many relevant distinctions within the group of natural resources are overlooked. Hence, the paper will start (...) with an analysis of the various forms which natural resources can take and how this might influence one's conception of resource rights. In so doing, the paper argues that we have to carefully distinguish between the actual physical resources people might control and how we distribute these, and the life-sustaining benefits each and every person draws from sustainable and functioning ecosystems. Based on this distinction, the paper will argue for a right to the benefits of life-sustaining ecosystem services as a universal basic right every person has. Further distributive claims with respect to particular physical resources would thus be limited by the requirements of such a basic right. (shrink)

Theories of intergenerational justice are a very common and popular way to conceptualise the obligations currently living people may have to future generations. After briefly pointing out that these theories presuppose certain views about the existence, number and identity of future people, I argue that the presuppositions must themselves be ethically investigated, and that theories of intergenerational justice lack the theoretical resources to be able to do this. On that basis, I claim it is necessary to do the ‘ethics of (...) metaphysics’ in order to fully comprehend what, if anything, we may owe future generations. I defend these claims against some important objections. (shrink)

The American Journal of Bioethics, Volume 12, Issue 8, Page 38-39, August 2012.

This paper argues that we hold two key duties to future people: to leave them enough in an absolute sense, and to leave them their fair share. Even if we benefit people by bringing them into existence, we can wrongly exploit our position to take more than our share of benefits. As in paradigm cases of exploitation, just because future people might agree to the ‘bargain’, this does not mean that they receive enough.

In 1987, the Brundtland Commission urged nations to improve present conditions without compromising the ability of future generations to meet their needs. Against the background of this appeal for sustainable development, there is a call for intergenerational justice, under a sufficientarian framework. Despite their strong relation, we claim that, to some degree, intergenerational sufficientarianism disregards relevant sustainability notions. This neglect undermines intergenerational sufficientarianism in the context of sustainability, here operationalized as sustainable development. In response, we propose the concept of irreplaceable (...) goods as a necessary bridge between the two frameworks. Simultaneously, we stress the need for scholars to consider sufficientarianism as a valid alternative to egalitarianism for achieving resource justice. To harmonize intergenerational sufficientarianism and sustainability, we firstly delineate sustainability theoretical notions that influence fair distributive futures. Secondly, we incorporate those sustainability constraints into the conceptual background of intergenerational sufficientarianism. We also establish the concept of irreplaceable goods as a pivot and anchor for further theoretical development on the sufficient well-being of future generations. Finally, we discuss the implications of this concept in terms of expenditure and investment by contemporary people. With the proposed adjustments, we advocate that intergenerational sufficientarianism is a robust framework to deliver just futures. (shrink)

The convergence of computing, sensing, and communication technology will soon permit large-scale deployment of self-driving vehicles. This will in turn permit a radical transformation of traffic control technology. This paper makes a case for the importance of addressing questions of social justice in this transformation, and sketches a preliminary framework for doing so. We explain how new forms of traffic control technology have potential implications for several dimensions of social justice, including safety, sustainability, privacy, efficiency, and equal access. Our central (...) focus is on efficiency and equal access as desiderata for traffic control design. We explain the limitations of conventional traffic control in meeting these desiderata, and sketch a preliminary vision for a next-generation traffic control tailored to address better the demands of social justice. One component of this vision is cooperative, hierarchically distributed self-organization among vehicles. Another component of this vision is a priority system enabling selection of priority levels by the user for each vehicle trip in the network, based on the supporting structure of non-monetary credits. (shrink)

This paper defends a deontological egalitarianism in the ethics of future generations. Concerns about the non-identity problem have been taken as a reason to develop sufficientarian approaches to intergenerational justice. This paper argues for a solution to the non-identity problem that refers to the claims of future persons. In principle, the content of these claims could be spelled out with a sufficientarian and an egalitarian approach. What speaks against sufficientarianism, however, is that the sufficiency threshold, unless it is set very (...) low, would have to be set arbitrarily. The hidden justification behind a higher threshold would be egalitarian. It draws its plausibility from the justified belief that future persons have a claim on us that we leave equally valuable shares of natural resources to them. (shrink)

While different worries about population size are present in public debates, political philosophers often take population size as given. This paper is an attempt to formulate a Rawlsian liberal egalitarian approach to population size: does it make sense to speak of ‘too few’ or ‘too many’ people from the point of view of justice? It argues that, drawing on key features of liberal egalitarian theory, several clear constraints on demographic developments – to the extent that they are under our control (...) – can be formulated. Based on these claims, we can clarify both the grounds and content of our obligations to future generations. (shrink)

Distributive justice relies on metaphors about spatial distribution. Modelling cross-temporal relations on cross-spatial relations in this way obscures how earlier groups become the later ones. Procedural justice metaphors rely on metaphors of contract and thereby on impartial reasoning. Their dominance is already problematic in the case of contemporary relations, but is even more so in the case of relations across time, where the conditions for later parties are controlled and created by earlier ones. Future generations should not be thought of (...) as a distinct group living at a different temporal “location,” but as who we will become. Thus, the frame of “justice” is much less appropriate for our relations to them than the frame of “care”. (shrink)

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all (...) it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink)

It is becoming less and less controversial that we ought to aggressively combat climate change. One main reason for doing so is concern for future generations, as it is they who will be the most seriously affected by it. Surprisingly, none of the more prominent deontological theories of intergenerational justice can explain why it is wrong for the present generation to do very little to stop worsening the problem. This paper discusses three such theories, namely indirect reciprocity, common ownership of (...) the earth and human rights. It shows that while indirect reciprocity and common ownership are both too undemanding, the human rights approach misunderstands the nature of our intergenerational relationships, thereby capturing either too much or too little about what is problematic about climate change. The paper finally proposes a way to think about intergenerational justice that avoids the pitfalls of the traditional theories and can explain what is wrong with perpetuating climate change. (shrink)

La présente contribution vise à offrir au lecteur une présentation de la doctrine suffisantiste de la justice, de ses justifications générales et spécifiques et de son articulation possible avec d’autres théories de la justice. Elle explore certains aspects plus particuliers tels que la place de la responsabilité en son sein, son applicabilité au domaine intergénérationnel ou son positionnement par rapport à la question des « vies-complètes ». Elle montre aussi en quoi, quelles que soient les faiblesses possibles de cette doctrine, (...) elle présente des caractéristiques la rendant non redondante, en particulier par rapport à l’égalitarisme du leximin.This paper aims at presenting sufficientarianism, its justifications, specificities and the ways in which it can be combined with other theories of justice. We also explore more specific dimensions such as the place of responsibility-sensitivity, the doctrine’s application to the intergenerational realm or its interest for « complete-life » questions. We show to what extent, despite some weaknesses, it is not redundant when compared to or combined with leximin egalitarianism. (shrink)

The American Journal of Bioethics, Volume 12, Issue 8, Page 36-38, August 2012.

El artículo defiende una solución al problema de la no identidad, que surge porque la existencia de muchas personas futuras es contingente en relación con nuestras decisiones. Esto hace que, aunque tengan una calidad de vida muy baja, tal situación no sea peor para ellas. Se defiende una solución basada en una noción de umbral de daño: tal noción ayuda a explicar la incorrección que existe en los casos atravesados por el problema de la no identidad. Finalmente, se analizan otras (...) tres soluciones. Sin embargo, se afirma que no son completamente satisfactorias sin un desarrollo ulterior.------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- -/- The article defends a solution to non-identity problem, which arises because the existence of many future persons is contingent with respect to our decisions. Consequently, despite their possible low quality of life, that situation is not worse for them. The article argues for a solution based on the threshold notion of harm, which helps in explaining the wrongness involved in those cases crossed by the non-identity problem. Finally, it analyzes three other solutions. However, it is argued that they are not entirely satisfactory without further developments. (shrink)

I argue that moral philosophers have either misunderstood the problem of moral demandingness or at least failed to recognize important dimensions of the problem that undermine many standard assumptions. It has been assumed that utilitarianism concretely directs us to maximize welfare within a generation by transferring resources to people currently living in extreme poverty. In fact, utilitarianism seems to imply that any obligation to help people who are currently badly off is trumped by obligations to undertake actions targeted at improving (...) the value of the long-term future. Reflecting on the demands of beneficence in respect of the value of the far future forces us to view key aspects of the problem of moral demandingness in a very different light. GPI Working Paper No. 1-2020. (shrink)

The topic of my thesis is individual and collective responsibility for collectively caused systemic harms, with climate change as the case study. Can an individual be responsible for these harms, and if so, how? Furthermore, what does it mean to say that a collective is responsible? A related question, and the second main theme, is how ignorance and knowledge affect our responsibility. -/- My aim is to show that despite the various complexities involved, an individual can have responsibility to address (...) climate change. I argue that climate change is not a problem just for states and international bodies, but also for individuals. There are three possible sources of moral responsibility for individuals in relation to climate change harms: direct responsibility (individuals qua individuals), shared responsibility as members (individuals qua members of collective agents), and shared responsibility as constituents (individuals qua constituents of unorganised collectives). -/- Accounts that deny individual responsibility fail to either take our interdependent reality seriously or fail to understand marginal participation (or in the case direct responsibility, fail to appreciate the nature of the climate change phenomenon). Individuals can be complicit in climate change harms, either as members of collective agents (e.g. as citizens of states or employees of a corporation) or as constituents of unorganised collectives (e.g. as consumers or polluters). -/- Although I focus on individual complicity, I do not deny the obligations of collective agents. However, nation-states, governments, and international bodies are not the only relevant collective agents in climate ethics: other collective agents, such as corporations, matter also and can have obligations concerning making sure that their activities are as carbon-neutral as possible. In addition, those corporations that have engaged in lobbying against climate regulation through creating and disseminating misleading information have acquired themselves additional obligations to mitigate climate change and compensate for the harm they have caused. Even so, the ethical claims can only be understood by individual members of these collective agents because only they can feel the pull of moral claims. I suggest that we could distinguish between what one must possess in order to be capable of making moral claims (i.e. moral agency conditions), and what it means to have the ability to exhibit such claims through one’s conduct. -/- Individual direct responsibility is to not to increase the probable risk of serious harm to other people, at least as long as we can do so at a less than significant cost to ourselves. It is limited to relatively wealthy individuals. Offsetting is not a reliable way to meet this duty; we need to look at the emissions from our lifestyle choices (within the available infrastructure). Shared responsibility qua members of collective agents is the key individual responsibility, and it presses especially on those occupying key positions within key collective agents. Saying that, our shared responsibility qua constituents of unorganised collectives has the potential to be decisive in whether some action is taken or not, either through a set of actions that can signal certain acceptance or support, or as a form of political support from the grass roots. (shrink)

Is drastic action against global warming essential to avoid impoverishing our descendants? Or does it mean robbing the poor to give to the rich? We do not yet know. Yet most of us can agree on the importance of minimising expected deprivation. Because of the vast number of future generations, if there is any significant risk of catastrophe, this implies drastic and expensive carbon abatement unless we discount the future. I argue that we should not discount. Instead, the rich countries (...) should stump up the funds to support abatement both for themselves and the poor states of the world. Yet to ask the present generation to assume all the costs of drastic mitigation.is unfair.Worse still, it is politically unrealistic.We can square the circle by shifting part of the burden to our descendants. Even if we divert investment from other parts of the economy or increase public debt, future people should be richer, so long as we avert catastrophe. If so, it is fair for them to assume much of the cost of abatement.What we must not do is to expose them to the threat of disaster by not doing enough. (shrink)

This dissertation is a contribution to the debate about ‘climate justice’, i.e. a call for a just and feasible distribution of responsibility for addressing climate change. The main argument is a proposal for a cautious, practicable, and necessary step in the right direction: given the set of theoretical and practical obstacles to climate justice, we must begin by making contemporary development practices sustainable. In times of climate change, this is done by recognising and responding to the fact that emissions of (...) greenhouse gases, with climate change as their result, are an immanent threat to any reflectively embraced development project. In the universal pursuit of progress, basic needs of both present and future people are put at risk. Even so, a political stalemate and business-as-usual prevail. The situation is locked up by an uncertainty about the exact impacts of choices made and by the reasonable disagreement of modern societies. The result is passiveness, and the passing on of a slowly and indiscernibly growing problem to future generations. This dissertation brings out a crucial message about the need to make our development sustainable. Instead of delaying action through trying to resolve the intractable epistemic and normative uncertainty fully, the focus should be on vindicating already shared points of practical convergence. On the constructivist method here adopted, the task is to characterise the agent and the situation faced from a practical and first-person point of view. More specifically, to specify the practical problem climate change gives rise to; the moral importance of needs (chapter three); how a principled priority of basic needs can be defended (chapter four), intergenerationally (chapter five) and internationally (chapter six); and what natural and social limits there are to development (chapter seven). These conceptions narrows the practice of development in the present context: it can be concluded that development must not risk the basic needs of anyone implicated. This common ground brackets off disagreement irrelevant to the urgent need to act, and so brings together otherwise deeply divided agents. A sufficientarian basic needs-principle, as the focus of an overlapping consensus, is practicable and anticipatory in the disuniting moral conundrum of climate change. (shrink)

In this work, I will support a combined notion of harm according to which there are qualitatively different harms. I will support a way in which the severity of harms could be measured. Then, I will provide three principles about the strength of the reasons against harming. The supported thesis will provide some tools to solve some problems of the general part of criminal law. In relation to the analytical stratum of statutory description of an offence, I will show that (...) the defended notion of harm could help to solve cases of hypothetical and alternative causal courses. In relation to the analytical stratum of unlawfulness (or wrongfulness), I will show that the proposed ranking of the severity of harms help us to distinguish between cases of necessity as justification and necessity as excuse. In relation to the analytical stratum of culpability, I will show that the principles regarding the strength of the reasons against harming help us to supply straightforward criteria to measure the punishment to impose for having committed some crime. -/- En este trabajo intentaré defender una noción combinada de daño de acuerdo a la cual existen dos tipos de daños cualitativamente diferentes. Asimismo, defenderé un modo en que la gravedad de los diferentes daños puede ser graduada. Derivado de lo anterior, extraeré tres principios sobre la fuerza de las razones en contra de dañar. La tesis defendida proporcionará herramientas para resolver algunos problemas de la parte general de derecho penal. En relación al tipo penal, mostraré que la noción de daño defendida puede ayudar a resolver casos de cursos causales alternativos e hipotéticos. En referencia a la antijuridicidad, mostraré que la clasificación de la gravedad de los daños propuesta ayuda a distinguir qué casos de estado de necesidad deben considerarse como justificación y cuales como excusa. En referencia a la culpabilidad, mostraré que los principios sobre la diferente fuerza de las razones en contra de dañar ayudan a aportar criterios claros para la individualización de la pena a imponer por la comisión de un delito. (shrink)

In this thesis I defend the principle of global egalitarianism. According to this idea most of the existing detrimental inequalities in this world are morally objectionable. As detrimental inequalities I understand those that are not to the benefit of the worst off people and that can be non-wastefully removed. To begin with, I consider various justifications of the idea that only those detrimental inequalities that occur within one and the same state are morally objectionable. I identify Thomas Nagel’s approach as (...) the most promising defence of this traditional position. However, I also show that Nagel’s argument does not even justify the elimination of detrimental inequalities within states. A discussion of the concept of political legitimacy rather shows that egalitarian justice is not a necessary condition of the justifiability of the exercise of coercive political power. I, then, consider other, more Rawlsian approaches to the question of detrimental inequalities. These views appear more plausible than Nagel’s position and argue that egalitarian duties also arise in certain international contexts. But also these more global theories of distributive justice suffer from shortcomings. Since they make the application of duties of justice dependent on the existence of social practices they cannot adequately account for the justified interests of non-participants that are affected by these practices. The counter-intuitive implications of practice-dependent theories lead me to investigate the plausibility of a theory that does not limit justice to existing practices and that argues for the inherent value of equality. This theory is global egalitarianism. I defend global egalitarianism by debilitating three objections that opponents of this idea frequently present in the relevant literature. Finally I also address two particular objections to the idea that global egalitarian duties are institutionalizable with the help of coercive global authorities. (shrink)

W artykule rozważam następujący problem: czy powinniśmy przykładać taką samą wagę do interesów i dobrobytu ludzi istniejących w przyszłości, jak do interesów i dobrobytu jednostek żyjących obecnie? Staram się wykazać, że traktowanie wymiaru czasowego analogicznie do przestrzennego jest problematyczne, zarówno jeśli chodzi o wymogi moralne, jak i o zasady sprawiedliwości, którymi powinny kierować się instytucje społeczne. Analizuję problem społecznej stopy dyskontowej, a także wskazuję na ograniczenia, jakie napotyka w związku z nim konsekwencjalistyczny rachunek zysków i strat w kontekście sprawiedliwości międzypokoleniowej.