The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

Iris Marion Young’s influential Social Connections Model of responsibility offers a compelling approach to theorizing structural injustice. However, the precise nature of the kind of responsibility modelled by the SCM, along with its relationship to the liability model, has remained unclear. I offer a reading of Young that takes the difference between the liability model and the SCM to be an instance of a more longstanding distinction in the literature on moral responsibility: attributability vs. accountability. I show that interpreting the (...) SCM as a conception of accountability resolves a number of objections, while also highlighting the SCM’s distinctive stance on the relationship between ethics and politics. (shrink)

Moral agency is limited, imperfect, and structurally constrained. This is evident in the many ways we all unwittingly participate in widespread injustice through our everyday actions, which I call ‘structural wrongs’. To do justice to these facts, I argue that we should distinguish between summative and formative moral criticism. While summative criticism functions to conclusively assess an agent's performance relative to some benchmark, formative criticism aims only to improve performance in an ongoing way. I show that the negative sanctions associated (...) with summative responses are only justifiably imposed under certain conditions when persons exercise their agency wrongly — conditions that do not always hold for structural wrongs. Yet even in such cases we can still use formative responses, which are warranted whenever agents fall short of moral ideals. Expanding our repertoire of moral criticism to include both summative and formative responses enables us to better appreciate both the powers and limitations of our agency, and the complexity of moral life. (shrink)

Was heißt es, sich in unserer globalisierten Welt als eine vollverantwortliche Person zu verstehen und zu verhalten? Einerseits scheint es richtig, dass wir global verantwortlich sind, d.h. dass wir auch gegen entferntes Leid etwas tun sollten; andererseits aber ist wegen vielfacher Überforderungsproblemen unklar ist, wie man diese Verantwortung tatsächlich übernehmen können soll – was wiederum dagegen spricht, dass wir diese Verantwortung berechtigtermaßen zuschreiben können. Um einen Aspekt dieses großen Themas zu behandeln, konzentriere ich mich in diesem Aufsatz auf den Anwendungsbereich (...) von extremer Armut und argumentiere in folgenden Schritten. Zuerst spitze ich das Thema zu auf ein Problem, das Samuel Scheffler in diesem Zusammenhang konstatiert hat, nämlich einen Widerstreit zwischen dem, was Verantwortung unter den Bedingungen der Globalisierung bedeutet und dem, wie wir uns grundsätzlich als Handelnde zu verstehen gewohnt sind. Dann zeige ich erstens, dass dem Thema einer epistemischen Überforderung dabei entscheidendes Gewicht zugesprochen wird, zweitens jedoch, dass sich, genauer besehen, dieses Problem gar nicht in dieser Art stellt. Dafür schlage ich eine Analyse des Verantwortungsbegriffs vor, die es ermöglicht, Kriterien zu identifizieren, anhand derer gewisse Grenzen gezogen werden können, so dass die Zuschreibung der Verantwortung gerechtfertigt werden kann. (shrink)

Abstract:We examine the moral and managerial significance of some empirical studies in cognitive psychology. We suggest that these results may plausibly be interpreted as expressing deontological commitments of experimental subjects, even though psychologists who discuss the results seem to suppose that they show that people are irrational consequentialists. We argue that the plausibility of our interpretation suggests how managers who wish to take seriously entrenched social views on morality might best craft corporate policy on corporate responsibility, and we suggest that (...) the form of argument we employ may be regarded as a kind of appeal to reflective equilibrium. (shrink)

In this commentary, I discuss three aspects of Monique Deveaux’s account. First, the method of Grounded Normative Theorizing she adopts to engage directly with the contexts and views of those experiencing poverty fits within a range of proposals to enhance the methodology of moral and political philosophy, and I would call on all philosophers working in this space to further develop these innovative methodologies. Second, Deveaux extends the capabilities approach by focusing on the group-based character of poverty and making the (...) case for building the collective capabilities of poor-led social movements. While I do not substantially disagree with this argument (in practice), I argue that we should be careful to avoid normative collectivism (as a theoretical assumption). Finally, Deveaux discusses political solidarity with people experiencing poverty. I argue that this should be based on esteeming each other’s various contributions in more diverse ways than only in narrow economic terms. Treating people in poverty and poor-led social movements as agents of justice, as Deveaux advocates, is a significant step in this endeavour. (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)

This paper discusses the inefficacy problem that arises in contexts of “collective harm.‘ These are contexts in which by acting in a certain sort of way, people collectively cause harm, or fail to prevent it, but no individual act of the relevant sort seems to itself make a difference. The inefficacy problem is that if acting in the relevant way won’t make a difference, it’s unclear why it would be wrong. Each individual can argue, “things will be just as bad (...) whether or not I act in this way, so there’s no point in doing otherwise.‘ The goal of this paper is to give an overview of some of the main responses available to the problem and to highlight central issues that arise for each type of response. In the final section, I explain what I take to be the most promising strategy and discuss the form that this strategy should take. (shrink)

The last few decades have seen a dramatic increase in concern with matters of ethics in all areas of public life. This ‘applied turn’ in ethics raises important issues not only of focus, but also of methodology. Sometimes a moral end or moral feature is designed into an institution or technology; sometimes a morally desirable outcome is the fortuitous, but unintended, consequence of an institutional arrangement or technological invention. If designing-in ethics is the new methodological orientation for applied ethics, globalisation (...) is providing many of the practical ethical problems upon which to deploy this methodology. (shrink)

Some of the most pressing contemporary social problems result from the amalgamation of a mass of actions that are not intentionally coordinated. Although these essentially aggregative harms are foreseeable, it is unclear what moral duties individuals have with regards to them. This paper offers a new analysis of these problems and uses a nonideal contractualist approach to argue in favour of two kinds of duties for individuals. Collectivization duties that require individuals to act responsively with a view to ensuring that (...) there are effective governance agents that reliably, fairly, and efficiently prevent these outcomes in the long-term and duties of restraint that require individuals to avoid action of a kind that is likely to come together with other actions to cause serious EAH in the immediate future when restraint with regards to actions of this kind could help prevent the outcome from occurring. (shrink)

In spite of the fact that climate change is one of the most important threats of our time, the last twenty years have been marked by inaction at all levels. At the individual level in particular, t...

ABSTRACT In this article I explore whether liberal retributive justice should be conceived of either individualistically or holistically. I critically examine the individualistic account of retributive justice and suggest that the question of retribution – i.e., whether and when punishment of an individual is compatible with just treatment of that individual – must be answered holistically. By resorting to the ideal of sensitive reasons, a model of legitimacy at the basis of our best normative models of democracy, the article argues (...) that in modern liberal democracies, punishment of an offender A for f is compatible with just treatment of A only if punishment of an individual for f can be legitimate in A's and A's fellow citizens' eyes. Only once retributive justice is understood in this holistic fashion the imposition of punishment can be made compatible with just treatment of individuals. RESUMO Neste artigo, exploro se justiça retributiva liberal deve ser concebida ou individualista ou de forma holística. Examino criticamente a conta individualista da justiça retributiva e sugiro que a questão da retribuição – quando a punição de um indivíduo é compatível com o tratamento justo desse indivíduo – deve ser respondida de forma holística. Recorrendo ao ideal de razões sensíveis, um modelo de legitimidade na base dos nossos melhores modelos normativos de democracia, argumento que, nas democracias liberais modernas, a punição de um delinquente A para φ é compatível com o tratamento justo de A só se punição de um indivíduo para φ pode ser legítimo aos olhos de A e seus concidadãos. Uma vez que a justiça retributiva é entendida dessa forma holística, a imposição da pena pode ser compatível com o tratamento justo de indivíduos. (shrink)

Ethicist assumptions about the causes and solutions of environmental problems are widely held within environmental philosophy. It is typically assumed that an important cause of problems are the attitudes towards the natural environment held by individuals and that problems can be solved by getting people to adopt a more ethical orientation towards the environment. This article analyses and criticises these claims. Both the highly mediated nature of the relationship between individuals and the natural environment and the pervasive pressure on firms (...) in market economies to reduce their costs provide reasons to question the ethicist assumptions. (shrink)

In this article, I question the plausibility of Metz’s African moral theory from an oft-neglected moral topic of partiality. Metz defends an Afro-communitarian moral theory that posits that the rightness of actions is entirely definable by relationships of identity and solidarity (or, friendship). I offer two objections to this relational moral theory. First, I argue that justifying partiality strictly by invoking relationships (of friendship) ultimately fails to properly value the individual for her own sake – this is called the ‘focus (...) problem’ in the literature. Second, I argue that a relationship-based theory cannot accommodate the agent-related partiality since it posits some relationship to be morally fundamental. My critique ultimately reveals the inadequacy of a relationship-based moral theory insofar as it overlooks some crucial moral considerations grounded on the individual herself in her own right. (shrink)