What does it mean to say that the demands of justice are institutional rather than individual? Justice is often thought to be directly concerned only with governmental institutions rather than individuals’ everyday, legally permissible actions. This approach has been criticized for ignoring the relevance to justice of informal social norms. This paper defends the idea that justice is distinctively institutional but rejects the primacy of governmental institutions. I argue that the ‘pervasive structure of society’ is the site of justice and (...) injustice. It includes all widely enforced social rules and norms, governmental and otherwise, such as informal norms of gender, language and class, and provides a revisionary foundation for the theoretical elucidation and practical pursuit of justice. It provides a framework for evaluating the ways in which people can and should promote justice in their everyday lives. (shrink)

It is natural and relatively common to suppose that feasibility is a constraint on what we ought to do all-things-considered but not a constraint on what we ought to do as a matter of justice. I show that the combination of these claims entails an implausible picture of the relation between feasibility and desirability given an attractive understanding of the relation between what we ought to do as a matter of justice and what we ought to do all-things-considered.

Wary of quick statist dismissal of their proposals, cosmopolitans have been careful not to associate themselves with a world state. I argue that this caution is mistaken: cosmopolitans should see the vision of a world state as strategically valuable in exposing weaknesses in statist accounts, particularly of the Rawlsian variety. This strategic value follows if the only cogent arguments against a world state belong to non-ideal theory which assumes non-compliance, rather than to ideal theory with its core assumption of full (...) compliance. If our only convincing reasons to reject a world state are non-ideal, then any liberal theory revolving around separate states must itself be considered a non-ideal theory. As a non-ideal theory, a statist law of peoples cannot be presented as an end-state, but is rather a transitional stage. Yet once seen as a transitional theory, the statist “realistic utopia” can no longer dodge the cosmopolitan charge that it is neither sufficiently realistic nor sufficiently utopian. (shrink)

The global city is a contested site of economic innovation and cultural production, as well as profound inequalities of wealth and life chances. These cities, and large cities that aspire to ‘global’ status, are often the point of entry for new immigrants. Yet for political theorists (and indeed many scholars of global institutions), these critical sites of global influence and inequality have not been a significant focus of attention. This is curious. Theorists have wrestled with the nature and demands of (...) global justice, but have for the most part supposed that the debate is between statist and cosmopolitan formulations. Questions of redistribution, immigration, humanitarian obligations, coercion at borders, and territorial rights have correspondingly been cast as either the domain of sovereign territorial states, or of the nascent web of supranational institutions that might bind those states and peoples, morally and legally. Examining some of these issues and arguments through the lens of the global city casts them in a new and informative light, and buttresses an associative turn in thinking about global justice. (shrink)

I examine the main anticosmopolitan Rawslian argument, the ‘basic structure argument.’ It holds that distributive justice only applies to existing basic structures, there are only state basic structures, so distributive justice only applies among compatriots. Proponents of the argument face three challenges: 1) they must explain what type of basic structure relation makes distributive justice relevant only among compatriots, 2) they must explain why distributive justice (as opposed to allocative or retributive) is the relevant regulative concept for basic structures, and (...) 3) they must put forth a plausible concept of distributive justice. I show that Rawlsians support what I will call the ‘division of labor thesis’ to answer the first two challenges. Briefly, the division of labor thesis holds that distributive justice only becomes relevant where members of a division of labor jointly produce some socioeconomic product. To meet the third challenge, Rawlsians seem to accept what Elizabeth Anderson calls the ‘modern systemic concept of distributive justice’ – the idea that distributive justice organizes entire economic systems with respect to their distributive consequences or the relationships they maintain. I argue that if Rawlsians accept the systemic concept, they should reject the anticosmopolitan basic structure argument. (shrink)

In this article, I firstly discuss the person-affecting view of harm, distinguishing between the liability and the structural models of responsibility, and also explaining why it is unsatisfactory, from a moral point of view, to interpret a given harm as a loss with respect to a diachronic baseline. Then, I take sweatshops as an example and I entertain two further issues that are related to the assessment of harm and that are necessary for operationalising a comprehensive model of responsibility, that (...) takes into account both liability and structural injustice. The first one is how to interpret harm when it is coexistent with a diachronic benefit and/or the parties involved in the social structures leading to harm seek to unload their responsibility by hiding behind a cooperative deadlock. The second one is how far along the chain of actions leading to harm can structural responsibility be extended. (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)

Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are (...) identified and examined, referring to those subject to legal duties and legal powers or to those subject to legal duties and state institutions. The contrast between them is most clearly illustrated in relation to non-residents, those not present in the territory of the state. The extraterritorial dimension of the law thus highlights a fundamental ambiguity in the theory of democracy concerning the extension of political rights. (shrink)

Are countries especially entitled, if not obliged, to prioritize the interests or well-being of their own citizens during a global crisis, such as a global pandemic? We call this partiality for compatriots in times of crisis “crisis nationalism”. Vaccine nationalism is one vivid example of crisis nationalism during the COVID-19 pandemic; so is the case of the US government’s purchasing a 3-month supply of the global stock of the antiviral Remdesivir for domestic use. Is crisis nationalism justifiable at all, and, (...) if it is, what are its limits? We examine some plausible arguments for national partiality, and conclude that these arguments support crisis nationalism only within strict limits. The different arguments for partiality, as we will note, arrive at these limits for different reasons. But more generally, so we argue, any defensible crisis nationalism must not entail the violation of human rights or the worsening of people’s deprivation. Moreover, we propose that good faith crisis nationalism ought to be sensitive to the potential moral costs of national partiality during a global crisis and must take extra care to control or offset these costs. Thus, crisis nationalism in the form of vaccine nationalism or the hoarding of global supplies of therapeutics during a global pandemic exceeds the bounds of acceptable partiality. (shrink)

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power of the Transnational Capitalist Class (...) as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

In this article, I discuss whether the theory of justice as fairness famously proposed by John Rawls can justify the implementation of global principles of socioeconomic justice, contrary to what Rawls himself maintains. In particular, I dwell on the concept of the basic structure of society, which Rawls defines as “the primary subject of justice” and considers as a prerogative of domestic societies. In the first part, I briefly present Rawls’s theory of socio-economic justice and his account of justice between (...) peoples. I then proceed with the analysis of the cosmopolitan counterarguments that have been levelled against Rawls’s dualism between domestic and international justice, which mainly revolve around the outlining of a global basic structure as a consequence of globalisation. Between these two opposing poles, I also discuss the intermediate stance taken by those authors who maintain that the empirical dispute between a domestic and a global basic structure is misleading, because the pressing question is whether the unfair practices and norms that characterise the global economy demand the existence of a global basic structure, regardless of the fact that it already exists or not. Lastly, I collect some points, both theoretical and empirical, that have emerged from the analysis and I argue that the theoretical requirement of a global basic structure can have practical implications even if its existence is contradicted in empirical terms. (shrink)

Globalisation has come under severe pressure at the exact moment when some of those we used to regard as the winners of the global market have started to lose from it. Or, in other words, globalisation is going through the most serious drawback since the post-war era just when divergent growth between countries has inverted its trend, thus becoming convergent. In this article I argue that convergent globalisation poses a serious theoretical challenge to the idea of global justice. More precisely, (...) the recent equalisation in the international distribution of wealth, together with the technological developments in automation and communication, render classic models of global justice obsolete. For the struggle for a more just globalisation is now realigned on the national level and sees deployed on the one side those who control enough capital to cut down on labour costs, and on the other one those others who are redundant in production. (shrink)

In this article we wonder how a person can discharge the political responsibility for supporting and benefiting from unjust social structures. Firstly, we introduce the concept of structural injustice and defend it against three possible objections: ‘explanatory nationalism’, a diachronic interpretation of the benefits of industry-led growth, being part of a social structure does not automatically mean being responsible for its negative consequences. Then, we hold that both Iris Marion Young’s ‘social connection model’ and Robin Zheng’s ‘role-ideal model’ provide clear (...) indications on how to unload responsibility for supporting/participating in unjust social structures, but fail to explain how to get rid of responsibility for unjust enrichment. We maintain that both models should be complemented with a global redistributive scheme that allows to disgorge the benefits that are unfairly obtained in the global economic system, besides undertaking collective transformative actions and assuming ideal-role responsibilities. (shrink)