The unique problem of lost territory poses one of the most important and complex challenges of compensating for loss and damage due to anthropogenic climate change. Anthropogenic climate change will cause a significant increase in the sea level for centuries to come. A rising sea level endangers many low‐lying coastal areas but also entire states. However, the inundation of an entire state will remain a rare event. Partial loss of territory will be far more pervasive. As measured by the number (...) of states, the area of land, and, in particular, the number of people affected, the phenomenon of partial territorial loss is much more significant. I address this from the perspective of compensatory justice. In particular, I offer (i) background on basic concepts, (ii) an overview and critique of existing accounts, and propose (iii) a novel interpretation of territory as well as (iv) a corresponding criterion of a duty to compensate before (v) I flesh out the overall theory, (vi) take into consideration implications and details of application, and (vii) respond to potential objections. (shrink)

This paper examines the impact of disability on wellbeing and presents arguments against the mere-difference view of disability. According to the mere-difference view, disability does not by itself make disabled people worse off on balance. Rather, if disability has a negative impact on wellbeing overall, this is only so because society is not treating disabled people the way it ought to treat them. In objection to the mere-difference view, it has been argued, roughly, that the view licenses the permissibility of (...) causing disability and the impermissibility of causing nondisability. In her recent article, “Valuing Disability, Causing Disability”, Elizabeth Barnes attempts to show that this causation-based objection does not succeed. We disagree and argue why. We begin by explaining that in order to defeat the causation-based objection it does not suffice to show that it is not always true that the mere-difference view licenses causing disability. Rather, license in some cases, in a way that undermines the plausibility of the mere-difference view, would be sufficient for the causation-based objection to succeed. Then our discussion turns to an important challenge for proponents of the causation-based objection: Some defenders of the mere-difference view are prepared to simply accept the counterintuitive implications of their position. A dialogue with such proponents of the mere-difference view requires arguments with independent traction. We present several such arguments to the effect that the mere-difference view needs to be significantly reduced in scope – and may turn out to be false altogether. (shrink)

Inhabitants of low-lying islands flooded due to anthropogenic climate change will lose their territory and thereby their ability to exercise their right to political self-determination. This paper addresses the normative questions which arise when climate change threatens territorial rights. It explores whether the loss of statehood supports a claim to territorial compensation, and if so, how it can be satisfied. The paper concludes that such claims are well founded and that they should be met by providing compensatory territories. After introducing (...) a differentiation between land rights and territorial rights, previous theoretical responses to the problem of sinking islands are criticized. It is argued that states may be required to give up parts of their territory as compensation. The paper develops criteria of sufficiency for compensatory territories and proposes to base their selection process on a negative auction. Since it is unlikely that unsettled compensatory territories that meet the specified requirements are available, the rights of their original inhabitants are discussed. (shrink)

Excusable ignorance not only undermines moral culpability but also agent-responsibility. Therefore, excusable ignorance absolves of liability for costs. Specifically, it defeats liability that is meant to be derived from causal responsibility wherever strict liability cannot be justified. To establish these claims this paper assesses the potential of arguments for liability of excusably ignorant agents and thereby demarcates the proper domain of strict liability and traces the intuition that seemingly supports strict liability accounts to more general principles. The paper concludes that (...) liability cannot be justified in cases of excusable ignorance. Finally, it stresses that although excusable ignorance defeats the link from causal responsibility to liability for costs this does not imply that victims are left to fend for themselves. (shrink)

The thesis of this paper is that individual emitters, in contrast to governments, may be justified in employing excusable ignorance as an excuse after 1990 and even well into the future. Although it may at first seem counterintuitive, this is not only true of individuals with extremely limited access to information but potentially also of highly educated individuals with almost boundless access to data, reports, and analyses. I develop the argument based on an influential account of excusable ignorance and discuss (...) and reject an objection from expert testimony. (shrink)

National governments have failed spectacularly to mitigate anthropogenic climate change and a sustainable approach to mitigation remains out of sight. This circumstance alone demonstrates t...

Recent evidence from psychological science and genetics suggests that genetic influences underlie all behavior as well as the most worrisome social inequalities. This may be considered to call into question traditional conceptions of agency and agent responsibility. They could be thought to be undermined if gene-environment transactions were sufficiently potent in influencing behaviors. Here we identify the theoretical parameters that require investigation and the conceptual challenges to agent responsibility that arise from research in behavior genetics. We (i) introduce the empirical (...) basis of the discussion, (ii) identify the particular questions that arise from considering the connection between behavior genetics and agent responsibility in the context of the legal system, (iii) bring into focus the general challenges to agent responsibility, and (iv) outline a potential resolution. (shrink)

Der libertäre Paternalismus genießt in Politik, Wissenschaft und Öffentlichkeit eine große Popularität, die er insbesondere zwei Merkmalen verdankt: Erstens stützt sich der LP auf verhaltensökonomische Ergebnisse, die zeigen, dass individuelle Entscheidungen oft nicht der neoklassischen Rationalitätskonzeption entsprechen, sodass Individuen durch sogenanntes Nudging zu besseren, ihren wahren Präferenzen entsprechenden Entscheidungen verholfen werden könne. Zweites ist damit der Anspruch verbunden, das Wohlergehen der Individuen, wie sie selbst es verstehen, zu erhöhen. Dieser Beitrag zeigt anhand einer dogmengeschichtlichen Analyse der zentralen, dem LP zugrunde (...) liegenden Begriffe Präferenz, Nutzen, Rationalität und Wohlergehen, dass der LP diesen Anspruch nicht einlösen kann. Eine detaillierte begriffliche Analyse ist deshalb geboten, weil diese Konzepte in der Ökonomik immer wieder für Missverständnisse sorgen. Eine theoriegeschichtlich informierte Untersuchung wiederum ist notwendig, da diese Konfusion insbesondere auf der Tatsache beruht, dass der Gehalt dieser Begriffe sich im Laufe der Zeit gravierend verändert hat und sich die verschiedenen Bedeutungen heute z. T. wechselseitig überlagern. (shrink)

Anthropogenic climate change is expected to contribute to mass migration from many different regions. Heyward and Ödalen (2016) propose a tailor-made migration option for victims of total territorial loss: a Free Movement Passport for the Territorially Dispossessed (PTD). The PTD presents a significant advancement over standard proposals for individual migration in response to total territorial loss. However, I argue that the compensatory obligations of states are more restrictive than the PTD scheme assumes (sec. 5), and that the contents of the (...) right to compensation of the territorially dispossessed are not as far-reaching as required by it (sec. 6). In response to these difficulties, I argue that its purpose is better served by means of collective migration and propose a Passport for Territorially Dispossessed Collectives, which is also well positioned to serve as a framework for compensating a range of other climate-change related losses (sec. 9). (shrink)

Gleichheit gilt als ein grundlegendes Konzept der Rechtsphilosophie, nicht nur weil die Gleichheit vor dem Gesetz Grundlage des Rechtsstaates ist, sondern auch weil unterschiedliche Interpretationen von Gleichheit Grundlage wichtiger Gerechtigkeitskonzeptionen innerhalb der Ethik sind. So betonte schon Aristoteles die zentrale Bedeutung von Gleichheit für Gerechtigkeit. Das Ideal der Gleichheit ist spätestens mit der Amerikanischen Unabhängigkeitserklärung sowie der Französischen Revolution zum zentralen Bestandteil bedeutender Staatsverfassungen geworden.

Implementing strategies to address climate change confronts us with an enormous collective action problem. Dale Jamieson argues that in order to avoid large-scale defection and, therefore, the collapse of any cooperative effort to curb climate change, utilitarians should become virtue theorists. As a tool to combat climate change, virtue change faces severe obstacles. First, the non-contingent green virtues envisioned by Jamieson are highly implausible. Second, even if such virtues could function, their inculcation would take too long to make the approach (...) viable. Third, given its inherent inflexibility, virtue change is ill equipped to deal with the great scientific uncertainty created by climate change. To combat climate change utilitarians are well advised to look elsewhere: green votes and state sanctions. (shrink)

On the strict liability view, excusably ignorant agents must cover all the wrongful costs they have inadvertently brought onto others, although it is undisputed that they are not at fault. On the fault liability view, victims need not be compensated by excusably ignorant harmers. To some, both views appear harsh. Under fault liability, those who cause harm are seen as getting off scot-free while victims suffer. Under strict liability, agents are viewed as being burdened without any fault of their own. (...) In response to a seemingly intractable conflict between competing theories, some have called for compromise. Caney :210, 2010) has proposed a “modified strict liability principle” which was further developed by Bell :391–411, 2011). The principle’s revision is promising because it gives substantive reason for why and how middle ground should be achieved. In this paper, I assess this proposal and the prospects for mediating between strict and fault liability more generally. Specifically, I introduce concepts, present Bell’s principle of limited liability, critique it, and explore general avenues for finding middle ground between strict and fault liability. (shrink)

Michael Levin challenges the methodological soundness of Robert Nozick’s argument for the minimal state, but supports his final result: The exclusive aims of the state must be the “protection against force, theft, fraud, [and the] enforcement of contracts”. To replace Nozick’s, Levin builds a Hobbesian defense of the minimal state. He claims that the hypothetical rational choice of the less extensive bargain by the individuals in the state of nature morally justifies a minimal, but no other state. I analyze and (...) seek to improve upon this Hobbesian defense of the minimal state. While Levin’s arguments can support the claim that any justified state has to be at least as extensive as the ultraminimal state, they also provide ground, contrary to his intention, upon which to build more extensive states. (shrink)