The grounds of justice -- "Un pouvoir ordinaire": shared membership in a state as a ground of -- Justice -- Internationalism versus statism and globalism: contemporary debates -- What follows from our common humanity? : the institutional stance, human rights, and nonrelationism -- Hugo Grotius revisited : collective ownership of the Earth and global public reason -- "Our sole habitation" : a contemporary approach to collective ownership of the earth -- Toward a contingent derivation of human rights -- Proportionate use (...) : immigration and original ownership of the Earth -- "But the earth abideth for ever" : obligations to future generations -- Climate change and ownership of the atmosphere -- Human rights as membership rights in the global order -- Arguing for human rights : essential pharmaceuticals -- Arguing for human rights : labor rights as human rights -- Justice and trade -- The way we live now -- "Imagine there's no countries" : a reply to John Lennon -- Justice and accountability : the state -- Justice and accountability : the World Trade Organization. (shrink)

We have benefited from conversations with Archon Fung, Brian Jacob, Todd Pittinsky, Peter Schuck, Ani Satz, Andrew Williams, and students in a joint class on statistics and ethics at the John F. Kennedy School of Government in October 2002. We are also grateful to our audience at the conference “The Priority of Practice,” organized by Jonathan Wolff at University College London in September 2003, and to Arthur Applbaum, Miriam Avins, Frances Kamm, Simon Keller, Frederick Schauer, Alan Wertheimer, and the Editors (...) of Phi- losophy & Public Affairs for insightful comments. We have benefited from prepublication reading of Schauer’s work on profiling, Profiles, Probabilities, and Stereotypes (Cambridge, Mass: Harvard University Press, 2003). We thank Avedis Koutoujian for research assistance. (shrink)

Risse asserts that the global order "can plausibly be credited with the considerable improvements in human well-being that have been achieved over the last 200 years. Much of what Pogge says about our duties toward developing countries is therefore false.".

Deepfakes are a new form of synthetic media that broke upon the world in 2017. Bringing photoshopping to video, deepfakes replace people in existing videos with someone else’s likeness. Currently most of their reach is limited to pornography, and they are also used to discredit people. However, deepfake technology has many epistemic promises and perils, which concern how we fare as knowers. Our goal is to help set an agenda around these matters, to make sure this technology can help realize (...) epistemic rights and epistemic justice and unleash human creativity, rather than inflict epistemic wrongs of any sort. Our project is exploratory in nature, and we do not aim to offer conclusive answers at this early stage. There is a need to remain vigilant to make sure the downsides do not outweigh the upsides, and that will be a tall order. (shrink)

Risse is concerned with humanity's common ownership of the earth, which has implications for a range of global problems. In particular, it helps illuminate the moral claims to international aid of small island nations whose existence is threatened by global climate change--such as Kiribati.

This essay defends an account of the duties to the global poor that is informed by the empirical question of what makes countries rich or poor, and that tends to be broadly in agreement with John Rawlss account in The Law of Peoples. I begin by introducing the debate about the sources of growth and explore its implications for duties towards the poor. Next I explore whether (and deny that) there are any further-reaching duties towards the poor. Finally, I ask (...) about the moral foundations for the duties to the poor of the sort that earlier parts argue there are. (shrink)

This essay makes a plea for the relevance of moral considerations in debates about immigration. It offers a standpoint that demonstrates why one should think of immigration as a moral problem that must be considered in the context of global justice.

Economic theory teaches that it is in every country’s interest to trade. Trade is a voluntary activity among consenting parties. On this view, considerations of justice have little bearing on trade, and political philosophers concerned with global justice should stay largely silent on trade. According to a very different view that has recently gained prominence, international trade can only occur before the background of an international market reliance practice shaped by states. Trade is a shared activity among states, and all (...) participating states have in principle equal claims to gains from trade. Trade then becomes a central topic for political philosophers. Both views are problematic. A third view about the role of trade in a theory of global justice is then presented, which gives pride of place to a notion of exploitation. The other two views should be abandoned. (shrink)

Left-libertarian theories of justice hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Some philosophers find left-libertarianism promising because it seems that it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting such equality. However, the main goal of this article is to argue that, as far as coherence is concerned, at least one formulation of left-libertarianism is in trouble. This formulation is that of Michael (...) Otsuka, who published it first in a 1998 article, and now in his thought-provoking book Libertarianism Without Inequality . In a nutshell, my objection is that the set of reasons that support egalitarian ownership of natural resources as Otsuka understands it stand in a deep tension with the set of reasons that would prompt one to endorse Otsuka’s right to self-ownership. In light of their underlying commitments, a defender of either of the views that left-libertarianism combines would actually have to reject the other. This incoherence, it seems, can only be remedied either by an approach that renders left-libertarianism incomplete in a way that can only be fixed by endorsing more commitments than most left-libertarians would want to or by an approach that leaves left-libertarianism a philosophically shallow theory. Key Words: equality • left-libertarianism • libertarianism • original appropriation • property • self-ownership. (shrink)

ALTHOUGH majority rule finds ready acceptance whenever groups make decisions, there are surprisingly few philosophically interesting arguments in support of it.1 Jeremy Waldron’s The Dignity of Legislation contains the most interesting recent defense of majority rule. Waldron combines his own argument from respect with May’s influential characterization of majority rule, tying both to a reinterpretation of a well-known passage from Locke’s Second Treatise (“the body moves into the direction determined by the majority of forces”). Despite its impressive resourcefulness, Waldron’s defense (...) is deficient, and one goal of this essay is to show how. Yet our main concern is not to criticize Waldron, but to demonstrate general deficiencies of arguments for majority rule and to suggest a strategy for a more adequate and more complete defense. Such arguments tend to have one of two weaknesses: Either they assume that collective decisionmaking is done in terms of ranking options and thus neglect both aggregation methods using more information than the relative standing of options in rankings (such as so-called positional methods) and rules that are not aggregation methods at all (such as fair-division procedures); or they also constitute arguments for other decision rules. In the first case, the argument is too narrow, in the second it is too broad. The narrowness problem is bigger than stated so far because arguments for majority rule tend to assume not only that decisions are made by ranking options, but also that only two options are to be ranked. Both problems arise for Waldron’s defense and leave it incomplete. Yet such incompleteness also characterizes the state of the art in arguing for majority rule. So in addition to.. (shrink)

On a postcard to Franz Overbeck from January 4, 1888, Nietzsche makes some illuminating remarks with respect to the three treatises in his book On the Genealogy of Morality.2 Nietzsche says that, ‘for the sake of clarity, it was necessary artificially to isolate the different roots of that complex structure that is called morality. Each of these three treatises expresses a single primum mobile; a fourth and fifth are missing, as is even the most essential (‘the herd instinct’) – for (...) the time being, the latter had to be ignored, as too comprehensive, and the same holds for the ultimate summation of all those different elements and thus a final account of morality.’ Nietzsche also points out that each treatise makes a contribution to the genesis of Christianity and rejects an explanation of Christianity in terms of only one psychological category. The topics of the treatises are ‘good’ and ‘evil’ (first treatise), the ‘bad conscience’ (second), and the ‘ascetic ideal’ (third). The postcard suggests that Nietzsche discusses these topics separately because a joint treatment is too complicated, but that in reality, these ideas are inextricably intertwined, both with each other and with others that Nietzsche omits. Therefore, the three treatises should be regarded as parts of a unified theory and critique of morality. Nietzsche’s remarks on that postcard are important because in the Genealogy itself, he makes little effort to show the unity among the treatises. We shall return to this postcard repeatedly.3 The first treatise has attracted most scholarly attention, but much less work has been done on the second treatise, ‘ “Debts”, “Bad Conscience”, and Related Matters’. This is unfortunate, since it seems that, in Nietzsche’s own view, the central notion of the second treatise, namely, the bad conscience as a feeling of guilt, is a key element of Christian morality. Therefore, understanding Nietzsche’s treatment of this notion is essential to understanding his views on Christianity and the impact of the Christian heritage on non-religious moral philosophy.. (shrink)

Standard economic theory teaches that trade benefits all countries involved, at least in the long run. While there are other reasons for trade liberalization, this insight, going back to Ricardo's 1817 Principles of Political Economy , continues to underlie international economics. Trade also raises fairness questions. First, suppose A trades with B while parts of A's population are oppressed. Do the oppressed in A have a complaint in fairness against B? Should B cease to trade? Second, suppose because of oppression (...) or lower social standards, A's products are cheaper than B's. Can industries in B legitimately insist that their government take measures to help them compete? The Pauper-Labor Argument makes that case, and many economists enjoy dismissing it in undergraduate classes. Third, suppose A subsidizes its industries. If this lowers world market prices, does B have a fairness complaint against A? Ought countries to consider how trade policies affect others? This article is the first of two, which together develop a view that is meant to serve as a reference point for moral assessments of international trade policies. I develop this view by way of offering affirmative answers to these three questions. Since this discussion is organized around these three questions, the two studies can be read independently of each other. Key Words: the state • World Trade Organization • development • oppression • exploitation. (shrink)

The two traditional ways of thinking about justice at the global level either limit the applicability of justice to states—the only distributions that can be just or unjust, strictly speaking, are within the state—or else extend it to all human beings. The view I defend in On Global Justice rejects both of these approaches. Instead, my view, and thus my attempt at meeting the aforementioned challenge, acknowledges the existence of multiple grounds of justice. My purpose here is to explain what (...) my view has to say about responsibility. First of all, I explain what my view implies about the responsibilities of the state for the realization of justice. Then I explain that in addition to obligations of justice, my view also gives rise to obligations of account-giving. I end by sketching what all this implies for institutional reform at the global level. (shrink)

Kennedy School of Government, Harvard University, USA, mathias_risse{at}ksg.harvard.edu ' + u + '@' + d + ' '//--> It is a widespread view that support for Fair Trade is called for, whereas agricultural subsidies are pegged as unjustifiable. Though one supports farmers in developing countries while the other does the same for those in already developed ones, there are, nonetheless, similarities between both scenarios. Both are economically `inefficient', upholding production beyond what the market would sustain. In both cases, supportive arguments (...) can assume two forms. First, such arguments might draw on normative claims made by producers. In the case of agricultural subsidies, farmers in developed countries assert claims against their fellow citizens, who ought to accept redistributive measures to keep them in business. In the case of Fair Trade, the claim can be made by farmers in developing nations against consumers, who ought to pay higher prices to keep them in business (under conditions deemed acceptable). Second, arguments to keep producers in business might be presented as the prerogative of both groups: even if farmers in developed countries did not have a claim to be kept in business, these countries would have the right to take measures to do so because they value their products. In the case of Fair Trade, even if farmers in developing nations had no claim against consumers, it is a consumer prerogative to pay more to keep them in business because they value their product or the process of producing it. There are, of course, differences between these scenarios as well, but in light of these parallels in the moral cases for subsidies and Fair Trade, it will be illuminating to examine the arguments for and against subsidies and Fair Trade together. Key Words: trade • subsidies • fairness • markets • development. (shrink)

Nobody has offered such a comprehensive philosophical approach to trade. Nonetheless, James's approach does not succeed. First, we explore James's constructivist method, which does less work than he suggests. The second topic is James's take on the different ‘grounds’ of justice. We explore the shortcomings of approaches that focus exclusively on trade. Our third topic is why James thinks trade is such a ground. The fourth topic is how James argues for his proposed ‘structural equity.’ This proposal remains under-argued. Our (...) fifth topic is to explore why structural equity would generate several specific principles. Finally, we discuss James's notion of autarky. Autarky sets the benchmark for James's ideas about how to divide gains of trade. We doubt that it can do so. (shrink)

In contrast to China’s efforts to upgrade its system of governance around a stupefying amount of data collection and electronic scoring, countries committed to democracy and human rights did not upgrade their systems. Instead, those countries ended up with surveillance capitalism. It is vital for the survival of those ideas about governance to perform such an upgrade. This paper aims to contribute to that goal. I propose a framework of epistemic actorhood in terms of four roles and characterize digital lifeworlds (...) and what matters about them both in terms of how they fit in with Max Tegmark’s distinctions among stages of life and in terms of how they generate their own episteme, the data episteme, with its immense possibilities of infopower. Epistemic rights that strengthen existing human rights – as part of a fourth generation of rights – are needed to protect epistemic actorhood in those roles. In the long run, we might well need a new kind of right, the right to the exercise of genuinely human intelligence. (shrink)

In this paper I respond to Mathias Risse's objections to my critique of his views on racial profiling in Philosophy and Public Affairs. I draw on the work of Richard Sampson and others on racial disadvantage in the USA to show that racial profiling likely aggravates racial injustices that are already there. However, I maintain, clarify and defend my original claim against Risse that racial profiling itself is likely to cause racial injustice, even if we abstract from unfair background conditions. (...) I then respond to Levin's claims that there is no serious racial injustice in the contemporary USA and differentiate between Risse's attempt - albeit unsuccessful - to provide an egalitarian justification for racial profiling from the frankly inegalitarian assumptions that underpin the claims of Michael Levin. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Though much attention has been paid to different principles of justice, far less has been done reflecting on what the larger concern behind the notion is. In this work, Mathias Risse proposes that the perennial quest for justice is about ensuring that each individual has an appropriate place in what our uniquely human capacities permit us to build, produce, and maintain, and is appropriately respected for the capacity to hold such a place to begin with. Risse begins by investigating the (...) role of political philosophers and exploring how to think about the global context where philosophical inquiry occurs. Next, he offers a quasi-historical narrative about how the notion of distributive justice identifies a genuinely human concern that arises independently of cultural context and has developed into the one we should adopt now. Finally, he investigates the core terms of this view, including stringency, moral value, ground and duties of justice. (shrink)

Although championed by the Marquis the Condorcet and many others, majority rule has often been rejected as indeterminate, incoherent, or implausible. Majority rule’s arch competitor is the Borda count, proposed by the Count de Borda, and there has long been a dispute between the two approaches. In several..

Writing in EIA 22, no. 1, Mathias Risse presented a novel way to think about the problem of immigration in the context of global justice, adopting the standpoint of the common ownership of the earth. The following Exchange is in response to that essay.

1.1 In 1955, John Harsanyi proved a remarkable theorem:1 Suppose n agents satisfy the assumptions of von Neumann/Morgenstern (1947) expected utility theory, and so does the group as a whole (or an observer). Suppose that, if each member of the group prefers option a to b, then so does the group, or the observer (Pareto condition). Then the group’s utility function is a weighted sum of the individual utility functions. Despite Harsanyi’s insistence that what he calls the Utilitarian Theorem embeds (...) utilitarianism into a theory of rationality, the theorem has fallen short of having the kind of impact on the discussion of utilitarianism for which Harsanyi hoped. Yet how could the theorem influence this discussion? Utilitarianism is as attractive to some as it is appalling to others. The prospects for this dispute to be affected by a theorem seem dim. Yet a closer look shows how the theorem could make a contribution. To fix ideas, I understand by utilitarianism the following claims: (1) Consequentialism: Actions are evaluated in terms of their consequences only. (2) Bayesianism: An agent's beliefs about possible outcomes are captured probabilistically. (3) Welfarism: The judgement of the relative goodness of states of affairs is based.. (shrink)

This paper considers the trend towards megaregionalism that became prominent in the trade domain in the last years of the Obama administration. While megaregionalism has fallen by the wayside since Trump’s inauguration, the underlying rationale for such treaties will most likely reassert itself rather soon. So there are structural issues that need to be discussed from a standpoint of global justice. In all likelihood, megaregionalism is detrimental to global justice. TTIP in particular, or anything like it, might derail any possibility (...) for a trade organization to aid the pursuit of justice at the global level, and any possibility that trade will be used to that end. From the standpoint of global justice one must hope that megaregionalism does not replace WTO multilateralism. The global-justice framework used here is the grounds-of-justice approach offered in the author’s 2012 On Global Justice. (shrink)

Little work has been done to explore the moral foundations of the state’s right to territory.1 In modern times, the state has mostly been assumed to be a territorial unit, and no need was perceived to reflect on precisely what justifies its territorial jurisdiction. The state’s territoriality is related to another topic that has remained under-theorized: immigration. There is, moreover, an obvious relationship between these topics: the more powerful a state’s rights over its territory, the more powerful the right to (...) constrain access to that territory might become – or so, at any rate, we might suppose. Rights to territory and rights to immigration are usefully theorized together.2 Our starting point is a Lockean analysis of the moral foundations of territoriality offered by Simmons (2001). This is a natural starting point not only because Simmons is one of the very few contemporary writers who have taken up philosophical questions about territoriality in the first place, but also because Locke’s thought, as Simmons makes clear, actually allows for the development of a sophisticated account of territoriality. This makes Locke stand out simply because generally modern political.. (shrink)

1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as (...) a political fact. The number of states has increased enormously due to upheavals of the 20th century, and there is nothing in principle morally wrong with the existence of states - or so we will assume.2 What must be explored, then, are the limits of normatively plausible sovereignty. How bad does a government have to be for outsiders to be allowed to interfere? What responsibilities does a country incur because of its contribution to global warming? What obligations arise through trading? In this paper, we explore another pertinent question: to what extent is a country allowed to influence who lives on its territory by regulating immigration? The angle from which we approach this question continues to be neglected even now that questions of global justice are receiving much attention. Immigration amounts to a change in political relationships as immigrants alter their standing within one community and acquire a status elsewhere. Yet it also amounts to an alteration in physical relationship, since they acquire a relationship to a territory, making a life for themselves with the resources offered by a part of the earth.3 We base our exploration of.. (shrink)

This study is concerned with john R0emer’s Equality of Opportunity} I argue that his theory is committed to compatibilism but that one of its central claims is plausible only within a libertarian view on the free-will problem. Thus Roemer’s theory is troubled by a deep structural inco— herence and should be rejected as an account of equality of opportunity? Let me briefly introduce some background to Roemer’s theory. Contemporary egalitarians face two major challenges: first, they need..

1. Let me begin by distinguishing two conceptions of guilt. The first conceives of guilt as an experience of reprehensible failure in response to specific actions. I feel guilty if I break a promise for reasons that cannot justify this transgression. This conception of guilt as a responsive attitude, which I call locally- reactive guilt, captures a tension in one’s agency that arises from a local failure. The second conception understands guilt as a condition that shapes one’s whole existence. Guilt, (...) on this view, is a persistent feeling of imperfection. Such guilt, existential guilt, presupposes a reference point vis-à-vis which one’s life is so experienced. This reference is most plausibly a shared understanding of moral perfection within a community that is so demanding as to make it hard or impossible to live up to its standards. While the adoption of the Christian God offers one explanation for the emergence of such a shared understanding, other explanations of existential guilt are possible (see section 5 below). Existential guilt manifests itself especially in locally-reactive guilt, but there can be locallyreactive guilt without existential guilt. I submit that Nietzsche is not particularly interested in locally-reactive guilt, and that his vision of the future of humanity can accommodate such guilt. That conception of guilt, at any rate, is not tied to the Christian sittliche Weltordnung that Nietzsche attacks, or to other thick metaphysical or ethical views. Locallyreactive guilt merely presupposes that some set of expectations is in place and perceived as binding. What Nietzsche is interested in is existential guilt. As far as the Genealogy is concerned, this is to some extent a hermeneutical preconception based on my understanding of the German-speaking or otherwise European culture in which Nietzsche operated—a culture in which religious diversity generally amounted merely to the joint presence of Catholics and Lutherans (or, in some places, other Protestants) in the same area, interspersed with relatively small groups of Jews, and in which the Christian legacy was prevalent across all sections of culture.. (shrink)

Majority rule is often adopted almost by default as a group decision rule. One might think, therefore, that the conditions under which it applies, and the argument on its behalf, are well understood. However, the standard arguments in support of majority rule display systematic deficiencies. This article explores these weaknesses, and assesses what can be said on behalf of majority rule.

Labor rights are the first to come up for criticism when accounts of human rights are offered in response to philosophical questions about them, and notoriously so Article 24, which talks about `rest and leisure' and `period holidays with pay.' This study first tries to make it plausible why labor rights would appear on the Universal Declaration, and next articulates some philosophical objections to their presence there. The interesting question then is not so much how one could respond to the (...) objections, but to explore what commitments one needs to make to answer our question in a satisfactory manner. To make progress, we can contrast the idea of human rights with conceptions of them. Such conceptions offer answers to a set of philosophical questions about human rights. It would be rather unlikely for any such conception to emerge as the uniquely best philosophical account of human rights since disagreements among different conceptions are complex. What is sensible to ask then is what a conception of human rights would have to be like to count labor rights as human rights, and whether there is a conception of that sort. I offer one conception that I take to be plausible overall, and that does count labor rights as human rights. Or, that is: it does count a right to work as a human right, alas not in the strong interpretation according to which states must create jobs but in the weaker sense that states need to make sure people are not systematically excluded from employment, and are treated in certain ways at their place of work, and it does count a right to leisure as a human right, alas not a right to paid vacations. (shrink)

Nash Equilibrium is a central concept ingame theory. It has been argued that playing NashEquilibrium strategies is rational advice for agentsinvolved in one-time strategic interactions capturedby non-cooperative game theory. This essaydiscusses arguments for that position: vonNeumann–Morgenstern's argument for their minimaxsolution, the argument from self-enforcingagreements, the argument from the absence ofprobabilities, the transparency-of-reasons argument,the argument from regret, and the argument fromcorrelated equilibrium. All of these argumentseither fail entirely or have a very limited scope.Whatever the use of Nash Equilibrium is, therefore,it is (...) not useful as a rational recommendation inone-time strategic interactions. This is good newsfor Bayesians: although this discussion does notargue directly for the Bayesian idea of rationalityas expected utility maximization, it argues againsta position that has been regarded as a contender insituations of strategic interaction. (shrink)

Nash Equilibrium is a central concept in game theory. It has been argued that playing Nash Equilibrium strategies is rational advice for agents involved in one-time strategic interactions captured by non-cooperative game theory. This essay discusses arguments for that position: von Neumann-Morgenstern's argument for their minimax solution, the argument from self-enforcing agreements, the argument from the absence of probabilities, the transparency-of-reasons argument, the argument from regret, and the argument from correlated equilibrium. All of these arguments either fail entirely or have (...) a very limited scope. Whatever the use of Nash Equilibrium is, therefore, it is not useful as a rational recommendation in one-time strategic interactions. This is good news for Bayesians: although this discussion does not argue directly for the Bayesian idea of rationality as expected utility maximization, it argues against a position that has been regarded as a contender in situations of strategic interaction. (shrink)