Deliberative democrats would appear to face something of a dilemma: They want to secure robust citizen input into the policy process, especially on the big, controversial issues that affect people’...

Margaret Kohn has argued that fin-de-siècle French Solidarists such as Alfred Fouillée developed a “third way” between capitalism and socialism which still provides a powerful justification for “welfare state” institutions and public-goods provision. But how does Solidarism respond to the demands for environmental justice, and against environmental racism, which have emerged in the past 50 years, mostly in Women of Color-led social movements. Distinguishing three elements of environmental justice, and also pinpointing the logic of expendability at the core of environmental (...) racism, the current article shows that Solidarism has more resources than liberal egalitarianism to challenge environmental injustice, but that, in the white supremacist state, environmental racism in particular poses an especially difficult challenge. After discussing the Solidarists’ divergent responses to feminism and Social Darwinism, the paper shows that, provided Solidarists are also in solidarity with social movements of the oppressed, their doctrine can aid the struggle for equal status. (shrink)

In a series of recent papers, Jane Friedman has argued that attitudes like wondering, enquiring, and suspending judgement are question-directed and have the function of moving someone from a position of ignorance to one of knowledge. Call such attitudes interrogative attitudes. Friedman insists that all IAs are governed by the following Ignorance Norm: Necessarily, if one knows Q at t, then one ought not have an IA towards Q at t. However, I argue that key premisses in Friedman’s argument actually (...) point towards an opposing conclusion; namely, that IAs are not governed by the Ignorance Norm, and IAs have functions other than moving someone from a position of ignorance to one of knowledge. I conclude that the Ignorance Norm should be rejected. (shrink)

In her paper “Why Suspend Judging?” Jane Friedman has argued that being agnostic about some question entails that one has an inquiring attitude towards that question. Call this the agnostic-as-inquirer thesis. I argue that the agnostic-as-inquirer thesis is implausible. Specifically, I maintain that the agnostic-as-inquirer thesis requires that we deny the existence of a kind of agent that plausibly exists; namely, one who is both agnostic about Q because they regard their available evidence as insufficient for answering Q and who (...) decides not to inquire into Q because they believe Q to be unanswerable. I claim that it is not only possible for such an agent to exist, but that such an agent is also epistemically permissible. (shrink)

Accounts of solidarity typically defend it in teleological or loyalty terms, justifying it by invoking its goal of promoting justice or its expression of support for a shared community. Such solidarity seems to be a moral option rather than an obligation. In contrast, A Moral Theory of Solidarity develops a deontological theory grounded in equity. With extended reflection on the Spanish conquest of the Americas and the US Civil Rights movement, Kolers defines solidarity as political action on others' terms. Unlike (...) mere alliances and coalitions, solidarity involves a disposition to defer to others' judgment about the best course of action. Such deference overrides individual conscience. Yet such deference is dangerous; a core challenge is then to determine when deference becomes appropriate.Kolers defends defernce to those who suffer gravest inequity. Such deference constitutes equitable treatment, in three senses: it is Kantian equity, expressing each person's equal status; it is Aristotelian equity, correcting general rules for particular cases; and deference is 'being an equitable person,' sharing others' fate rather than seizing advantages that they are denied. Treating others equitably is a perfect duty; hence solidarity with victims of inequity is a perfect duty. Further, since equity is valuable in itself, irrespective of any other goal it might promote, such solidarity is intrinsically valuable, not merely instrumentally valuable. Solidarity is then not about promoting justice, but about treating people justly. A Moral Theory of Solidarity engages carefully with recent work on equity in the Kantian and Aristotelian traditions, as well as the demandingness of moral duties, collective action, and unjust benefits, and is a major contribution to a field of growing interest. (shrink)

According to the Strong Belief Thesis (SBT), intending to X entails the belief that one will X. John Brunero has attempted to impugn SBT by arguing that there are cases in which an agent intends to X but is unsure that she will X. Moreover, he claims that the standard reply to such putative counterexamples to SBT – namely, to claim that the unsure agent merely has an intention to try – comes at a high price. Specifically, it prevents SBT (...) from playing the kind of explanatory role the cognitivist requires. This article meets Brunero's challenge to SBT by offering an account of trying and intending to try that not only saves SBT from Brunero's criticism, but does so in a way that preserves the explanatory significance that cognitivists typically take SBT to have. (shrink)

The second essay of Nietzsche's Genealogy of Morality (GM) offers a naturalistic and developmental account of the emergence of conscience, a faculty uniquely responsive to remembering and honoring obligations. This article attempts to solve an interpretive puzzle that is invited by the second essay's explanation of nonmoral obligation, prior to the capacity to feel guilt. Ostensibly, Nietzsche argues that the conscience and our concept of obligation originated within contractual (“creditor-debtor”) relations, when creditors punished delinquent debtors (GM II:5). However, this interpretation, (...) which I call the contractualist reading, is incoherent and subject to an insoluble bootstrapping problem. I argue instead that Nietzsche provides two accounts of nonmoral obligation in the second essay, and that the conscience originated in the morality of custom to track rule prohibitions (“I will nots” [GM II:3]), which Nietzsche conceives of as involuntary or reciprocal obligations that, unlike contractual debts, do not require the making of promises. (shrink)

Her shape and his hand -- Distractions -- The other door, it's floods of tears with consolation enclosed -- Not only the footprints but the water too and what is down there -- There are crossroads.

The latest advances and discoveries in science have made, and continue to make, a huge impact on our lives. This book is a history of the social impact of science and technology from the beginnings of civilization up to the present. The book explains how the key inventions: agriculture, writing and printing with movable type, initiated an explosive growth of knowledge and human power over the environment. It also shows how the Industrial Revolution changed the relationship between humans and nature, (...) and initiated a massive use of fossil fuels. Problems related to nuclear power, nuclear weapons, genetic engineering, information technology, exhaustion of non-renewable resources, use of fossil fuels and climate change are examined in the later chapters of the book. Finally, the need for ethical maturity to match our scientific progress is discussed. (shrink)

Territorial disputes have defined modern politics, but political theorists and philosophers have said little about how to resolve such disputes fairly. Is it even possible to do so? If historical attachments or divine promises are decisive, it may not be. More significant than these largely subjective claims are the ways in which people interact with land over time. Building from this insight, Avery Kolers evaluates existing political theories and develops an attractive alternative. He presents a novel link between political (...) legitimacy and environmental stewardship, and applies these ideas in an extended and balanced discussion of the Israeli-Palestinian dispute. The result is the first systematic normative theory of territory, and an impressive example of applied philosophy. In addition to political theorists and philosophers, scholars and students of sociology, international relations, and human geography will find this book rewarding, as will anyone with wider interests in territory and justice. (shrink)

Richard Holton has argued that the traditional account of intentions—which only posits the existence of all-out intentions—is inadequate because it fails to accommodate dual-plan cases; ones in which it is rationally permissible for an agent to adopt two competing plans to bring about the same end. Since the consistency norms governing all-out intentions prohibit the adoption of competing intentions, we can only preserve the idea that the agent in a dual-plan case is not being irrational if we attribute to them (...) a pair of partial intentions. I argue that, contrary to initial appearances, (i) Holton has yet to offer us an actual account of partial intentions, and (ii) that the traditional account of intentions already has the resources necessary to accommodate dual-plan cases. (shrink)

Immanuel Kant is strict about the limits of self-knowledge: our inner sense gives us only appearances, never the reality, of ourselves. Kant may seem to begin his inquiries with an uncritical conception of cognitive limits, but in Kant and the Subject of Critique, Avery Goldman argues that, even for Kant, a reflective act must take place before any judgment occurs. Building on Kant’s metaphysics, which uses the soul, the world, and God as regulative principles, Goldman demonstrates how Kant can (...) open doors to reflection, analysis, language, sensibility, and understanding. By establishing a regulative self, Goldman offers a way to bring unity to the subject through Kant’s seemingly circular reasoning, allowing for critique and, ultimately, knowledge. (shrink)

In several contexts Nietzsche claims that he wants to free humanity of the affect of guilt. He also argues that we are not ultimately responsible for who we are or what we do because libertarian free will is a false belief invented for the purpose of legitimizing judgments of guilt. Combining these related threads of argument, we arrive at what would seem to be an uncontroversial conclusion: Nietzsche does not think guilt is an apt response to wrongdoing, and he therefore (...) thinks we ought to dispense with the feeling of guilt altogether. I argue against this conclusion by offering a comparative analysis of two kinds of guilt Nietzsche discusses in his works, reactive guilt, which is a reaction to an act of wrongdoing, and proactive guilt, which is a drive or desire to make oneself feel guilty. Here I offer an account of Greek guilt as a species of reactive guilt, and I argue that Nietzsche only rejects proactive guilt, which is endemic to Judeo-Christianity. (shrink)

Bioethical work on solidarity has yielded an array of divergent conceptions. But what do these accounts add to normative bioethics? What is solidarity’s distinctive social normative role? Prainsack and Buyx suggest that solidarity be understood as the ‘putty’ of justice. I argue here that the putty metaphor is deeply insightful and—when spelled out in detail—successfully explicates solidarity’s social normative function. Unfortunately, Prainsack and Buyx’s own account cannot play this role. I propose instead that the putty metaphor supports a conception of (...) solidarity as equity. This proposal enables us to answer whether and when we should act in solidarity, and with whom, while also capturing the putty metaphor and hence answering a basic question: what is solidarity for? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE HIERARCHY OF TRUTHS IN THE CATECHISM AVERY DULLES, S.J. Fordham University Bronx, New Yark IN ORDER to throw light on the question of the hierarchy of truths in The Catechism of the Catholic Church, the topic here being addressed, it may be best to move by stages. I shall begin by saying something about the nature and purpose of the Catechism, then turn to the meaning of (...) the expression, " hierarchy of truths," and thirdly, in the main part of this article, discuss how the hierarchy of truths is or is not respected in the Catechism. Before concluding I shall add some remarks, fourthly, on the question of the different levels of authority of different doctrines. The Nature of the Catechism The Catechism of the Catholic Church was composed in response to the request of the Extraordinary Synod of 1985, which declared in its Final Report: " Very many have expressed the desire that a catechism or compendium of all Catholic doctrine regarding both faith and morals be composed, that it might be, as it were, a point of reference for the catechisms or compendiums that are prepared in the various regions. The presentation of doctrine must be biblical and liturgical. It must be sound doctrine suited to the present life of Christians." 1 From the beginning the new Catechism was conceived on the pattern of the Roman Catechism, also known as the Catechism of the Council of Trent. That catechism, published in 1566, was a lFinal Report, II B (a) 4; text in Origins 15 (December 19, 1985): 44450, at 448. 369 370 AVERY DULLES, S.J. rather complete restatement of Catholic doctrine in the light of the teaching of Trent. Like the Council out of which it grew, the Roman Catechism gave special emphasis to the Catholic doctrine of the sacraments, which had been particularly contested by the Protestants. The volume was written not for children or catechumens but for pastors. In conformity with the requests made in a number of the small working groups (" circuli minores ") at the Synod of 1985, the present Catechism was intended to be a full restatement of Catholic doctrine in the light of the Second Vatican Council. As a compendium of all doctrine, it includes the teaching of the Church on points that were not touched by Vatican II. The result is a comprehensive summa incorporating the data of Scripture, the heritage of the fathers and doctors of the Church, the pronouncements of popes, councils, and congregations of the Holy See, testimonies of the liturgy, and memorable reflections of classical theologians, saints, and spiritual writers. I know of no comparable instrument for ascertaining the relevant data from Scripture and tradition regarding the full range of Catholic faith and morals. For readers professionally concerned with theology and religious education, the footnotes alone would be worth the price of the volume. The notes contain some 4,000 biblical references, more than 1,000 references to conciliar texts, more than 250 references to papal statements (more than half of them from John Paul II), over 100 references to the Eastern and Western codes of canon law, more than 100 to liturgical texts, and nearly 500 references to church fathers and ecclesiastical writers. Like the Roman Catechism, this new synthesis of Catholic doctrine is directed not to the simple faithful but to pastors. As is stated in the Prologue, " this Catechism is addressed principally to those responsible for catechesis : in the first instance, to the bishops as doctors of the faith and pastors of the Church. It is offered to them as an instrument for the fulfillment of their task of teaching the people of God. It is addressed, through the bishops, to the editors of catechisms, priests, and catechists. It will THE HIERARCHY OF TRUTHS 371 also be useful reading for all other faithful Christians " ( 12).2 The present Catechism is composed for Catholics all over the world, but the authors are quite aware that it needs to be adapted to meet the needs and capacities of different groups. They insist in the Prologue that those who instruct the faithful, or compose other catechetical materials, should adapt their teaching to the culture, age, spiritual maturity... (shrink)

Solidarity is a significant but poorly understood feature of political life. It is typically conceived, in “associative and teleological” terms, as working together for common political aims. But this conception misses the fact that solidarity requires individuals to will collective ends despite incompletely shared interests. Careful consideration of these elements reveals four “dynamics of solidarity”: its characteristic duties, the durability of commitments made in solidarity, the deference it involves, and its effects over time on agents’ habits and capacities. In this (...) article I describe these dynamics, first contrasting solidarity-given duties with duties of beneficence, justice, and loyalty. These contrasts lay bare the distinctive durability of solidarity, which differs from both the liberal’s commitment to justice and the loyalist’s commitment to the group. I then discuss deference, a feature of solidarity that has implications for individual engagement in political life more generally. Finally, I discuss the effects of solidarity on agents’ intellectual and physical capacities. I conclude by drawing out implications of these dynamics, challenging Tommie Shelby’s influential conception and justification of black solidarity and buttressing Philip Soper’s rejection of the Principle of Autonomy. (shrink)

I here defend the thesis that the best life is the life that one plays as a game—specifically, a ‘Suitsian’ game that meets the definition proposed in The Grasshopper by Bernard Suits. Even more specifically, it is a nested, open, role-playing game where the life’s quality as a game partly depends on there being no more people than players. To defend this thesis I refute two powerful challenges to it, one from Thomas Hurka (2006) and another from within The Grasshopper (...) itself. In the process, I offer a new interpretation of that enigmatic and challenging book. (shrink)

I argue that the concept of direction of fit is best seen as picking out a certain inferential property of a psychological attitude. The property in question is one that believing shares with assuming and fantasizing and fails to share with desire. Unfortunately, the standard analysis of DOF obscures this fact because it conflates two very different properties of an attitude: that in virtue of which it displays a certain DOF, and that in virtue of which it displays certain revision (...) conditions. I claim that the latter corresponds with the aim of an attitude, not its DOF. In order to remedy this failure of the standard analysis, I offer an alternative account of DOF, which I refer to as the two-content analysis. (shrink)

In The Grasshopper, Bernard Suits argues that the best life is the one whose essence is game-play. In fact, only through the concept of game-play can we understand how anything at all is worth doing. Yet this seems implausible: morality makes things worth doing independently of any game, and games are themselves subject to moral evaluation. So games must be logically posterior to morality. The current paper responds to these objections by developing the theory of Ludic Constructivism. Constructivist theories such (...) as Kant’s explain normativity in a way that is both objective and cognitivist but also mind-dependent. Roughly, constructivists ground normative structures in rational procedures. But rational agency is diverse: it is realized in different ways and to different degrees by different agents. Yet Kantian Constructivism requires a strong identity of rational procedures across rational agents. Ludic Constructivism avoids this challenge by rejecting this strong identity of agency, instead building a normative framework out of the ingredients of Suits’s definition of game-play. We want to play the best games we can. In order to do so we must play games with a certain structure: they must be nested multiplayer games in which everyone who is capable of self-originating activity is engaged as a fellow player rather than a plaything. Nested games – games that are constructed out of other games – go best when each game contributes to the value of each other game in the nest. Such game nests are “reciprocating value-maximization structures”. Our lives go best when we design, play, and revise the game of our Individual Life and we also embed that game within the highest-order nested game of Fate of Humankind. In this way, Ludic Constructivism delivers a normative system that expands Kant’s Kingdom of Ends, and a life that meets Aristotle’s conception of pleasure. (shrink)

What exactly is it that makes someone a parent? Many people hold that parenthood is grounded, in the first instance, in the natural derivation of one person's genetic constitution from the genetic constitutions of others. We refer to this view as "Geneticism". In Part I we distinguish three forms of geneticism on the basis of whether they hold that direct genetic derivation is sufficient, necessary, or both sufficient and necessary, for parenthood. Parts two through four examine three arguments for geneticism: (...) the property argument, the causal argument, and the parity argument. We conclude that none of these arguments succeeds. (shrink)

Recognising and responding to injustices that benefit us is a pervasive problem of contemporary life, and arguably a mark of moral seriousness in anyone who presumes to take moral stands at all. In response, a number of authors have defended the view that such benefits normally bring with them prima facie obligations of compensation. This ‘wrongful-benefits’ approach has considerable intuitive plausibility, much of it founded in the financial metaphor that gives it an appearance of precision. Yet while the compensation scenario (...) works reasonably well in one-off cases such as receiving stolen property, it yields incoherent results when facing ongoing structural injustices. In such cases ‘innocence’ is ambiguous and our status as beneficiaries and victims is complex. In contrast, solidarity — understood as a principle of equity requiring that we side with the least well off — provides a better account of duties to respond to structural injustice. In solidarity the agent follows the lead of organised out-groups and defers to their judgment about collective actions to overcome injustice. Solidarity leads us to support the organised group that suffers from the greatest inequity. Solidarity does not use a financial metaphor and thus it neither requires full disgorgement, nor absolves us of further action when we reach the point of net-zero benefit. Rather, solidarity is a principal means for ordinary citizens to promote equity by affirming the equal status of the victims, and to atone for having benefited from injustice, whether they did so willingly or otherwise. (shrink)

I defend the thesis that the constitutive aim of inquiring into some question, Q, is improving one’s epistemic standing with respect to Q. Call this the epistemic-improvement view. I consider and ultimately reject two alternative accounts of the constitutive aim of inquiry—namely, the thesis that inquiry aims at knowledge and the thesis that inquiry aims at belief—and I use my criticisms as a foil for clarifying and motivating the epistemic-improvement view. I also consider and reject a pair of normative theses (...) about when inquiry goes awry or is inappropriate. The first is the normative thesis defended by Dennis Whitcomb who claims that inquiry goes awry if it culminates in a belief that falls short of knowledge and that one should not inquire into Q if one already knows the answer to Q. The second is the normative thesis defended by Jane Friedman who claims that one should not inquire into Q if one already believes some complete answer to Q. (shrink)

A critical opportunity for identifying children experiencing domestic minor sex trafficking exists in healthcare settings. This quantitative study documented the disconnect between youth seeking help and interventions offered by healthcare providers. Ninety-one sex youth exploited through sex trafficking answered questions detailing their experiences of seeking medical treatment for injuries associated with selling or trading sex. Healthcare providers who were aware that injuries were sustained due to sex trafficking did not always alert legal or mandated reporting authorities. This analysis identified violations (...) of the four pillars of ethical healthcare. This investigation revealed lost opportunities to intervene on behalf of youth suffering trauma and abuse from sex trafficking highlighting the necessity for a formal protocol in healthcare settings to effectively intervene. (shrink)

This collection of essays considers the political, social, literary and artistic impact of the pervasive dichotomy of truth and lies in the context of French society and culture. A fundamental element of our social existance, the notion of le mensonge underpins how we participate in and respond to all aspects of society, from the political process to the capacity of art, literature and other aesthetic forms to fulfill a representative function. This book explores the ways in which French society and (...) culture is regulated by the overriding oppositional structure of truth and lies, and the impact this has on both collective and individual existence. The theme brings together research from diverse disciplines of the Humanities, from political science to literature, film, music and visual arts, in a work that will be of great relevance to a wide range of students and researchers alike. As such, the theme serves as a means of gaining an insight into the range and scope of research currently being conducted in French studies. The book will be useful as a support text for a range of academic courses including those in the fields of cultural studies, literary studies, political studies and sociology. On a larger scale, it posits the theme's potential to develop as an independent area of study, and offers a starting point for future academic study devoted to the idea of le mensonge. (shrink)

We often describe ourselves as agnostic on a wide range of questions, such as does God exist, is String Theory true, or will the President win re-election? But what does it mean to be agnostic and when is agnosticism justified? This monograph addresses these and related questions.

I defend a proposition-directed, sui generis account of agnosticism, according to which being agnostic about some proposition, P, involves a sceptical or questioning mental stance towards both the truth and falsity of P. Call this the questioning-attitude account. The questioning-attitude account contrasts with the question-directed attitude account of Jane Friedman, which holds that the object of agnosticism is a question rather than a proposition. I argue that the questioning-attitude account not only avoids a major weakness of Friedman’s question-directed attitude account, (...) but it also displays the following three attractive features: (1) it offers an explanation of why ascriptions of agnosticism often take an interrogative compliment, (2) it offers a univocal account of the content of all three doxastic attitudes, and (3) it fleshes out the claim that agnosticism is sui generis by describing what makes agnosticism distinct from both belief and disbelief. (shrink)

Rising sea levels may sink entire countries. Individualistic solutions to this climate catastrophe, such as those proposed by Meisels and Risse, are inadequate on both Kantian and Lockean criteria. This article concurs with Cara Nine's recent argument that such ‘ecological refugee states’ are entitled to territorial remedies. But Nine's proposal, founded on Locke's ‘sufficiency’ proviso and Nozick's famous application of it to waterholes in the desert, is instructively incorrect. Careful consideration of the distinction between land and territory, and of the (...) structure of Proviso arguments, supports a new theory of how territorial claims can be positive-sum — how the amount of territory can increase even as the land base remains constant or decreases. This normative conception of territory as the ratio of justice to land use provides a better foundation for a political solution to the problem of ecological refugee states and also generates deeper insight into the nature of territory itself. The article thus contributes not only to our thinking about redress for ecological refugees, but also to the burgeoning literatures on territory and on the Lockean Provisos. (shrink)

I argue that Sui-Generis Views are preferrable to Non-Belief and Higher-Order Belief Views because of the three dominant contemporary conceptions of agnosticism, only Sui-Generis Views leave room for the possibility of agnosticism-involving doxastic inconsistency. In order to establish that this constitutes a point in favour of Sui-Generis Views, this paper offers a sustained argument in support of the thesis that doxastic inconsistency consistency involving (dis)believing P and agnosticism towards P is possible. The paper concludes by responding to Thomas Raleigh’s argument (...) against the possibility of agnosticism-involving doxastic inconsistency. (shrink)

“Resilience” is booming. No longer a mere metaphor or abstract reference to dispositional properties, the resilience of communities or social-ecological systems is increasingly grounded in specific first-order properties. Consequently, resilience now constitutes a contentful and achievable partial conception of a good society. Yet political philosophers have taken little notice. The current article first discerns within recent social-scientific literature a set of attainable and measurable first-order properties that constitute “community resilience” or “ecological resilience.” Then, specifying “resilience” as the resilience of high-HDI (...) democratic societies to environmental disasters, infrastructure failures, and economic collapse, the current article argues from within a liberal framework that both “classical” and “egalitarian” liberals must treat resilience so understood as a necessary condition of legitimacy and justice; and this conclusion forces an overhaul of these liber... (shrink)

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such (...) assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. 'Achievement' is a success .. (shrink)

On March 31, 2000, the Massachusetts Supreme Judicial court ruled that a contract awarding custody of frozen pre-embryos to the wife upon divorce was unenforceable because it violates public policy. This is the first reported case to address a contract between the clinic and the parties where the contract would have awarded the pre-embryos to one of the gamete providers. The decision in A.Z. v. B.Z. 431 Mass. 150 differs from decisions in the two other courts of last resort deciding (...) related cases where enforcement of contracts was supported. This case represents an important development in the legal doctrines associated with frozen pre-embryos as it explicitly differs from the other courts’ decisions in addressing pre-embryos at the same developmental stage. (shrink)

Ethics is a skill set. But what skill set is it? An answer to this question would help make progress for both theory and moral agency. I argue that moral performance may best be understood on the model of athletic performance; both moral and athletic performance are rule-structured unions of efficiency and inefficiency, enabling us to engage in the wholehearted and autonomous pursuit of goals subject to constraints. By understanding how athletics demands embodied performance, we better understand moral demand and (...) wrongdoing: less moral psychology, more moral kinesiology. (shrink)

In The Shifting Border, Ayelet Shachar observes that the ‘beast’ of state migration policy has broken out of its cage and shifted both outward – to intercept migrants before they can ‘touch base’ and thereby gain rights – and inward, to restrict and subvert the rights of migrants and others in Exclusionary Zones within state territory. Shachar wants to ‘tame’ the beast by obligating states and their agents to uphold basic rights wherever they act. The current article first questions whether (...) this ‘beast’ is necessarily monstrous, or whether it is not an admittedly excessive response to understandable challenges that arise due to the passivity of territorial states in the face of external forces. The article then suggests that the better response to this passivity is for states to embrace their legitimating function of trusteeship for the people (or moral patients) of the world as a whole. (shrink)