This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced “traditional” international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged (...) international treaty organizations, we will misconstrue the nature of contemporary international society and the political choices facing us. In the contemporary context where there is a powerful imperial project afoot (on the part of the United States) that seeks to develop a useful version of global (cosmopolitan) right to justify its self-interested interventions, proposals to abandon the default position of sovereignty and its corollary, the principle of nonintervention in international law, are both premature and dangerous. Instead, we should rethink the normative dimensions of the concept of sovereignty in light of the new principle of sovereign equality articulated in the UN Charter, and show how it can complement cosmopolitan principles such as human rights and collective security. The task is to strengthen, not abandon, international law and supranational institutions, and to foster a global rule of law that protects both the sovereign equality of states, based on a revised conception of sovereignty, and human rights. (shrink)

Liberalism has often been viewed as a continuing dialogue about the relative priorities between liberty and equality. When the version of equality under discussion requires equalization of outcomes, it is easy to see how the two ideals might conflict. But when the version of equality requires only equalization of opportunities, the conflict has been treated as greatly muted since the principle of equality seems so meager in its implications. However, when one looks carefully at various versions (...) of equal opportunity and various versions of liberty, the conflict between them is, in fact, both dramatic and inescapable. Each version of the conflict poses hard choices which defy anysystematicpattern granting priority to one of these basic values over the other. In this essay, I will flesh out and argue for this picture of fundamental conflict, and then turn to some more general issues about the kinds of answers we should expect to the basic questions of liberal theory. (shrink)

Dworkin wonders, in so far as we might be for equality, to some degree, what would we be for? He thinks equality is a complex, multi-faceted ideal. One facet is distributional equality. Here the question is, concerning money and other resources to be privately owned by individuals, when is the distribution an equal one? Equality of welfare “holds that a distributional scheme treats people as equals when it distributes or transfers resources among them until no further (...) transfer would leave them more equal in welfare.” Equality of welfare is a utilitarian version of egalitarianism. (shrink)

José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is, at its core, a problem of philosophy. This book brings into dialogue various contemporary philosophical texts that deal with immigration to provide some normative guidance to immigration policy and reform.

This book is based on the premise that the trade-off between privacy and security is both unsound and conceals important aspects of surveillance and control. Accordingly, the authors analyse the symbiotic relationship between liberty and security, and the emptiness of both concepts when considered in isolation. They explore and contextualise different notions of risk, surveillance practices and the value of the rights to private life and data protection. Thereby, they show that surveillance and control neither necessarily attain (...) class='Hi'>security, nor always pose a threat to privacy and, conversely, that protecting privacy does not necessarily hamper security provision. Moreover, they appreciate how surveillance and control, mediated through technology, express and sustain specific power relationships. The book thus offers a kaleidoscope of perspectives, ranging from critical studies to international relations, law, philosophy and sociology, to rethink surveillance and control. (shrink)

A review providing an overview and assessment of Jose Jorge Mendoza's The Moral and Political Philosophy of Immigration.

:Both egalitarianism and prioritarianism give value to equality. Prioritarianism has an additively separable value function whereas egalitarianism does not. I show that in some cases prioritarianism and egalitarianism necessarily have different implications: I describe two alternatives G and H such that egalitarianism necessarily implies G is better than H whereas prioritarianism necessarily implies G and H are equally good. I also raise a doubt about the intelligibility of prioritarianism.

Some theorists argue that rather than advocating a principle of educational equality as a component of a theory of justice in education, egalitarians should adopt a principle of educational adequacy. This paper looks at two recent attempts to show that adequacy, not equality, constitutes justice in education. It responds to the criticisms of equality by claiming that they are either unsuccessful or merely show that other values are also important, not that equality is not important. It (...) also argues that a principle of educational adequacy cannot be all there is to justice in education. (shrink)

How, exactly, must we strike the balance between security and equality? Must we insist, out of respect for the equality of persons, that the police refrain from using ethnic profiling and opt for some other strategy in their pursuit of terrorists, or must we allow the police to continue with this policy, which seems to sacrifice equality for the sake of security? This paper assesses the ethical status of ethnic profiling from the perspective of the (...) ideal of equality. The paper shows how the ethical status of ethnic profiling changes depending on how exactly we specify the egalitarian ideal. Furthermore, it argues that on a plausible interpretation of the ideal of equality, ethnic profiling is not in principle objectionable. (shrink)

Perhaps the most salient feature of Rawls's theory of justice which at once attracts supporters and repels critics is its apparent egalitarian conclusion as to how economic goods are to be distributed. Indeed, many of Rawls's sympathizers may find this result intuitively appealing, and regard it as Rawls's enduring contribution to the topic of economic justice, despite technical deficiencies in Rawls's contractarian, decision-theoretic argument for it which occupy the bulk of the critical literature. Rawls himself, having proposed a “coherence” theory (...) of justification in metaethics, must regard the claim that his distributive criterion “is a strongly egalitarian conception” as independently a part of the overarching moral argument. The alleged egalitarian impact of Rawls's theory is crucial again in normative ethics where Rawls is thought to have developed a major counter-theory to utilitarianism, one of the most popular criticisms of which has been its alleged inadequacy in handling questions of distributive justice. Utilitarians can argue, however, as Brandt recently has, that the diminishing marginal utility of money, along with ignorance of income-welfare curves, would require a utility-maximizing distribution to be substantially egalitarian. The challenge is therefore for Rawls to show that his theory yields an ethically preferable degree of equality. (shrink)

:This paper questions the distinction between egalitarianism and prioritarianism, arguing that it is important to separate the reasons for particular social preferences from the contents of these preferences, that it is possible to like equality and separability simultaneously, and that some egalitarians and prioritarians may therefore share the same social preferences. The case of risky prospects, for which Broome has proposed an interesting example meant to show that egalitarians and prioritarians cannot share the same preferences, is scrutinized. The levelling (...) down objection is also examined. (shrink)

We discuss two leading theories of distributive justice: egalitarianism and prioritarianism. We argue that while each has particular merits and shortcomings, egalitarian views more fully satisfy a key requirement of distributive justice: respect for both the unity of the individual and the separateness of persons.

In the “Principles of the Civil Code,” Jeremy Bentham identifies four “principles subsidiary to utility”: subsistence, abundance, equality, and security. Whereas these subsidiary principles form part of the bedrock of classical liberalism, in this essay I show that in the hands of his friend and disciple William Thompson, they are transformed into the foundations for socialism. Where Bentham prioritizes security over equality, and security of property takes a preeminent role, Thompson shows that the system of (...) individual competition and private property—his way of describing capitalism—is best characterized by the “inequality of security.” Based on the labor theory of property, Thompson argues that the system that assigns ownership to the providers of capital violates the workers’ security—the right to have the full produce of their labor secured to them. Thompson then reconciles security and equality, understanding them as mutually constitutive instead of in conflict. From his work... (shrink)

People condemn inequalities for many reasons. For example, many who have no concern with distribution per se criticize inequalities in health care, because these inequalities lessen the benefits provided by the resources that are devoted to health care. Others who place no intrinsic value on distribution believe that a just society must show a special concern for those who are worst off. Some people, on the other hand, do place an intrinsic value on equality of distribution, regardless of its (...) contribution to other goals. Derek Parfit and Larry Temkin call these people "egalitarians." I shall always employ quotation marks when referring to "egalitarians" in this special sense, because, as I shall argue, this terminology is misleading. One of its unhappy implications is that almost all egalitarians are not "egalitarians.". (shrink)

Normative debates on migration control, while characterised by profound disagreement, do appear to agree that the state has at least a prima facie right to prevent the entry of security threats. While concern is sometimes raised that this ‘security exception’ can be abused, there has been little focus by normative theorists on concrete practices of security, and how we can determine what a ‘principled’ use of the security exception would be. I argue that even if states (...) have a right to prevent migrants from entering on grounds of security, the practices required to implement this right will likely compromise core liberal democratic values in ways that have not been sufficiently appreciated. I draw on literature from Science and Technology Studies and Critical Security Studies to examine the proliferation of digital border control technologies which are increasingly dominating state security practices, and explain the challenges these technologies pose to non-discrimination, liberty and equality. I also highlight the difficulties of taking these principles as presumptive limitations on the operation of the security exception. A more sustained conversation among ethical theorists is needed to address the profound ethical challenges that the ever-increasing use of these technologies poses, particularly in pursuit of security. (shrink)

The goal of the present research was to identify the mechanism through which job security exerts its different effects on organizational citizenship behaviors among contract and permanent employees from social identity and social exchange perspectives. Our research suggests two distinct, yet related explanatory mechanisms: organizational identification and psychological contract breach, to extend the job security literature by examining whether psychological contract breach and organization identity complement each other and explaining the mechanism of different behaviors response to job (...) class='Hi'>security across employment status. Data were collected from 211 Chinese employees and 61 supervisory ratings of OCBs. Our results showed that relative to psychological contract breach, organizational identification plays a stronger mediating role in the association between job security and OCBs. Evidence from multi-group analyses also suggested employment status moderated the mediation mechanism of organizational identification between job security and OCB. Implications for job security and hybrid employment management are discussed. (shrink)

After a recent spate of terrorist attacks in European and American cities, liberal democracies are reintroducing emergency securitarian measures that curtail rights and/or expand police powers. Political theorists who study ESMs are familiar with how such measures become instruments of discrimination and abuse, but the fundamental conflict ESMs pose for not just civil liberty but also democratic equality still remains insufficiently explored. Such phenomena are usually explained as a function of public panic or fear-mongering in times of crisis, but (...) I show that the tension between security and equality is in fact much deeper and more general. It follows a different logic than the more familiar tension between security and liberty, and it concerns not just the rule of law in protecting liberty but also the role of law in integrating new or previously subjected groups into a democratic community. As liberal-democratic societies become increasingly diverse and multicultural in the present era of mass immigration and global interconnectedness, this tension between security and equality is likely to become more pronounced. (shrink)

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in a (...) democratic state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

This chapter contains section titled: I The Extended Auction II Working in the Peep Show, Flirting in the Square III Insurance Behind a Veil of Ignorance IV Dworkin's Hybrid Scheme V Four Objections to Dworkin VI Ackerman Generalized VII Not Enough Redistribution? VIII Too Much Redistribution? Acknowledgement.

Tragedy is superior to comedy. This is the received view in much philosophical aesthetics, literary criticism and amongst many ordinary literary appreciators. The paper outlines three standard types of reasons given to underwrite the conceptual nature of the superiority claim, focusing on narrative structure, audience response and moral or human significance respectively. It sketches some possible inter-relations amongst the types of reasons given and raises various methodological worries about how the argument for tragedy’s superiority typically proceeds. The paper then outlines (...) a new normative account of a type of literary or dramatic comedy – ‘high comedy’ – which proves to be tragedy’s equal. High comedies, it will be argued, have complex narrative structures shaping audience responses underwriting the moral significance of the comic mode. The received view is unjustified and appreciating why this is so casts light on the nature and value of comedy. (shrink)

In The Emotional Sphere of Politics, Justin MacCarthy explores the premise that there are four sets of conflicting emotions (Security versus Freedom, Property versus Communality, Equality versus Status and Order versus Nature) which are an integral part of the human condition. Having these four pairs of contradictory needs makes it extremely difficult for party politicians to meet our expectations, as each party has a particular focus on just one single need. These party politicians promise (...) us that increased adherence to their particular dogma will lead us to Nirvana, but in fact it usually leads to excess and hubris. The most notorious example of excess is fascism, which is an ultra form of nationalism. But there are two sides to every coin, and all of the ideological excesses can be matched by political virtues. For example, the capitalist vice of greed can be offset by the virtue of philanthropy. MacCarthy sets out to show how these political forces neatly fit together into what is quite literally The Emotional Sphere of Politics, in three-dimensional form. The interrelationship of eight major political movements of the 20th century with our basic human emotions are each examined individually, from how 'Authoritarianism promises us Security', to how 'The Communists claim to be the Organisers of our resources for the benefit of all'. Similar to The Righteous Mind by Jonathan Haidt, it examines why people feel so differently about political issues, making this book is a fascinating read for anyone interested in politics. (shrink)

Ancient Greek drama became the driving force in the Western theatrical revolution of the 1920s with Leopold Jessner's famous staging of King Oedipus in 1919. Once again theatre defined itself as the public tribune: the Athenian polis with its direct democracy giving way to the concept of a new social collective for the scientific age. The urgency of the impulse for social change coupled with the experience of World War I led to the investigation of images and action as forces (...) of internal necessity arising from the existentielle Angst of a whole generation of artists who found themselves face to face with the spiritual bankruptcy of the bourgeois social order. The long-term effects of the new dramatists’ radical re-viewings of the Greek theatre's potential as a progressive social undertaking—revealing its use value—may be detected in current-day rehearsal practices. Some of these effects are the subject of this article, which presents the author's experience of directing Sophocles’ Antigone in 1986 at the ancient Greek theatre of Oeniades. (shrink)

Should a Christian ethic endorse an individual’s right against torture? If so, how should its reasoning take into account considerations of common security? To answer these questions, this article first compares the early Christian ‘just war’ tradition’s pre-liberal reasoning about the ethics of harming with that of the liberal philosopher, David Rodin. It then deploys the fruits of this comparison—especially the contingency of a right against harm, and the distinction between natural moral rights and positive legal ones—in an examination (...) of what makes torture wrong and when. Dissenting from the views of Jeremy Waldron and Jean Porter, the article concludes that a positive legal right against torture and aggressive interrogation should be granted—even though morally right cases of the latter might occur. (shrink)

Ever since the end of the Second World War, Rational Actor models have dominated strategic thinking at all levels of government policy and military planning. In the confrontation between states, and especially during the Cold War, these models were insightful and useful in anticipating a wide array of challenges and in stabilizing the world peace enough to prevent nuclear war. But now our society faces a whole new range of challenges from non-state actors who are committed to die in order (...) to kill and terrorize enough of our citizens to change the course of history. The darkest fear in the current struggle with terrorism is a nuclear bomb exploding in a major city. (shrink)

Seeking to explain the emergence of anti-trafficking initiatives, scholars have explored two sets of ideas—national security and gender equality—thought to shape policy. In this study, we examine whether such ideational influence accounts for Sweden's evolving anti-trafficking policy over the past decade. As powerful domestic ideas about gender inequality informed the adoption of an abolitionist prostitution policy in the 1990s, one would expect similar ideas to influence domestic responses to the related issue of cross-border trafficking.However, our case study shows (...) that the policy area of trafficking has largely followed a different ideational path. Gendered ideas, periodically nested in a human rights discourse, have been salient in the public debate on trafficking in human beings, especially during the campaign to boycott the 2006 FIFA World Cup. However, they have exerted substantially less influence on Swedish legislative initiatives to combat trafficking, with security concerns still holding sway. (shrink)

Refugees, who were traditionally conceived and presented as humanitarian issues, are now increasingly viewed as security threats. The language of threat now dominates refugee discourses and policymaking as well as scholarly analysis. Focusing on Kenya and Tanzania, this paper explores how refugees have been reconstruction as security threats and the impact this reconstruction has had on refugee rights and protection. The paper argues that whereas the perception of refugees as a threat is not without merit and there is (...) therefore need for measures to address this threat, it is possible for this to be done without violating refugee rights. In other words, the protection of state security and refugee security are not and should not be mutually exclusive. (shrink)

_Groups in Conflict_ addresses the conflict and tensions that exist between impartiality and partiality in political philosophy, ordinary thought, and practice by setting theoretical arguments in the context of contemporary issues such as immigration and public policy. Donald Franklin asserts that two camps of ethicists—those concerned with political philosophy and those concerned with personal morality—have been ignoring the implications of inconsistency in their mutual approaches. Far more than just exposing these irreconcilable differences, Franklin also proposes the modifications necessary to approach (...) the nature of human equality. (shrink)

Les normes religieuses des Mongols s’ancraient dans le culte des ancêtres patrilinéaires, qui accordait une valeur supérieure au masculin, et assignaient aux individus des statuts et des rôles sexués, réservant en particulier aux hommes la sphère socio-politique. Elles ont orienté par la suite les pratiques bouddhiques des Mongols. Le régime révolutionnaire instauré en 1924 sur le modèle soviétique leur a substitué jusqu’à 1990 un nouveau modèle normatif neutralisant les différences sexuées entre citoyens, imposant l’égalité des droits politiques, promouvant l’accès des (...) femmes à l’éducation et à une activité sociale et professionnelle extérieure. L’urbanisation et l’industrialisation ont participé à la mutation du cadre socio-économique et des relations de parenté et affaibli l’emprise de la tradition sur les individus. Pourtant la valence différentielle des sexes n’a pas été aussi profondément remise en question qu’il y paraît, en particulier dans l’action politique, comme en témoigne a posteriori la société postcommuniste où la question de la subordination du féminin dans ce domaine reste d’actualité. (shrink)

This article develops an intuitive idea of proportionality as a placeholder for a substantive conception of equality, and contrasts it with Ripstein’s ideas, as presented in an annual guest lecture to the Society of Applied Philosophy in 2016. It uses a discussion of racial profiling to illustrate the conceptual and normative differences between the two. The brief conclusion spells out my concern that talk of ‘proportionality’, though often helpful and, sometimes, necessary for moral reasoning, can end up concealing, rather (...) than illuminating, people’s claims to be treated as equals. (shrink)

This paper introduces a symposium on Equality versus Priority. It explains how cases involving risk are key to distinguishing these views and discusses a 'social egalitarian' critique of both 'telic egalitarians' and 'telic prioritarians'.

In Alabaster v. Barclays Bank plc and Secretary of State for Social Security (No. 2: [2005] E.W.C.A Civ. 508, [2005] I.R.L.R. 576.) Michelle Alabaster won a grand total of £204.53 (plus £65.86 interest) after eight years of litigation, which included two visits to the Court of Appeal and one to the European Court of Justice. This marathon resulted from the sex discrimination which Alabaster had alleged in relation to the calculation of her Statutory Maternity Pay (S.M.P.) whilst she was (...) pregnant 10 years earlier. The technicalities of the statutory schemes involved should not be allowed to disguise the important principle which finally emerges in the Court of Appeal and which underlines one of the longstanding criticisms of the equality legislation, namely the requirement that a woman must compare herself with a man in order to establish unlawful sex discrimination. (shrink)

Volume 24, Issue 3-4, May - June 2019, Page 454-456.

In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as (...) morally important—for example, when violent crimes against her being taken to warrant the same punishment and condemnation as equivalent crimes against others. Moral security, thus characterized, is an essential part of what it is to be secure as a human person, and any right to security must include it. In the first part of the paper I critique alternative narrower accounts of the right to security, before defending my account of moral security in Section 2. Section 3 explores how acts of racialized and gendered violence are attacks on the moral security of the victims and of all members of the groups to which the victims belong. Broader structural and institutional forms of racial and sexual discrimination further compound the impact of such acts on moral security. Understanding how racial and sexual discrimination and violence are attacks on moral security offers a new way of thinking about the scope and urgency of a state’s duty to combat racial and sexual discrimination, an issue I explore in the final section of the paper. -/- . (shrink)

Two approaches to elevating certain laws of nature over others have come to prominence recently. On the one hand, according to the meta-laws approach, there are meta-laws, laws which relate to laws as those laws relate to particular facts. On the other hand, according to the modal, or non-absolutist, approach, some laws are necessary in a stricter sense than others. Both approaches play an important role in current research, questioning the ‘orthodoxy’ represented by the leading philosophical theories of natural laws—Humeanism, (...) the DTA view, dispositional essentialism and primitivism. This paper clarifies the relations between these two emerging approaches, as well as their applicability to physical laws and the status of the challenges they pose for standard theories of laws of nature. We first argue that, despite some significant similarities between the two approaches (especially in the context of Lange’s counterfactual account of laws), they are in general distinct and largely independent of each other. Then, we argue that the support for meta-laws from physical theory and practice is more questionable than usually presented. (shrink)