In this paper I distinguish between three conceptions of human rights and thus three human rights agendas. Each is compatible with the others, but distinguishing each from the others has important theoretical and practical advantages. The first conception concerns those human rights tied to natural duties binding all persons to one another independent of and prior to any institutional context and the violation of which would “shock the conscience” of any morally competent person. The second concerns the institutional conditions necessary (...) and sufficient for particularist legal and political obligations to take on prima facie moral force so that the members of different polities face one another in an asymmetric moral relationship, with each side having a rightful claim to political self-determination. The third concerns those human rights arising exclusively as a matter of positive international law out of the voluntary undertakings of legitimate polities within the international order. Each of these different conceptions is tied to a different human rights agenda. The second is tied to the struggle to realize recognitional norms of legitimacy within the international order. The third is tied to the ongoing effort to incorporate into positive international law through voluntary initiative an ever expanding moral consensus between legitimate polities. The first is tied to the emerging practice of humanitarian intervention and system of international criminal liability. Thus, while all human rights share certain features – they’re universal, and so on – human rights differ in important ways. Attending to these differences would likely improve both the theory and practice of human rights. (shrink)

This chapter contains section titled: Introduction Basic Human Rights: Rawls's List Basic Human Rights: Their Nature and Function Basic Human Rights: A Rawlsian Justification Conclusion Acknowledgments Notes.

What sorts of reasons are i) required and ii) morally acceptable when citizens in a pluralist liberal democracy undertake to resolve pressing political issues? This paper presents and then critically examines John Rawls''s answer to this question: his so called wide-view of public reason. Rawls''s view requires that the content of liberal public reason prove rich enough to yield a reasoned and determinate resolution for most if not all fundamental political issues. I argue that the content of liberal public reason (...) will prove inadequate in this regard far more often than Rawls suspects. (shrink)

Journal of Social Philosophy, EarlyView.

Like other aspiring geologists in the 1830s, Darwin focused heavily on the rising and falling of the earth's crust. I use his time in the Andes to underscore the importance he placed on larger questions of vertical movement, which mountains helped to solidify in his mind. His most impressive ramblings occurred in 1835 on two high passes in the Andes. Prior to his upland journey, he was well prepared to see the gradual movement of the earth's crust, but his time (...) in the mountains honed his vertical vision. His actual travels up and over enabled him to think more clearly about rise and fall, and how corresponding geographies could link the past to the present. Mountains were instructive backdrops to his theorizing, partly because he traveled through them, but also because his time there, linked with other geographies, became a means to foster his thinking both spatially and temporally. He did not think about mountains, but with them and through them. He is a good example of the broader vertical consciousness that directed many sciences at this time. (shrink)

In this essay I situate Rawls’s conception of liberal democratic toleration within the account of political and law-making activity undertaken by free equals that he develops across his three main...

This study presents a critical discourse analysis of YouTube comments below five videos of the Johnny Depp v Amber Heard trial, which was live streamed by the platform in April and May 2022. The analysis examines the discursive resources used by commenters to construct domestic abuse. Commenters draw on three interpretive repertoires: ‘Perfect Victim’, ‘Mutual Abuse’ and ‘Dangerous Women’. The analysis explores the way these repertoires are used to rebut Heard’s allegations of abuse by mobilising the perfect victim repertoire to (...) refute any claim she has to this experience, and the mutual abuse repertoire to implicate Heard in the abuse and minimise blame for Depp. Through establishing gender-symmetry in domestic abuse and drawing on traditional gender norms for each party, commenters construct the dangerous women repertoire to depict Heard as crazy, pathological and violent. The key implication of this study is that public constructions of domestic abuse can directly impact the attitudes and treatment of both victims and perpetrators. In this instance, they serve to maintain the oppression and control of women within anti-feminist narratives of female dominance, currently led by men’s rights activists and conservative outlets. (shrink)

This essay that takes up Rawls's journey from philosophical theology through moral philosophy to democratic theory and political philosophy and pauses at, to reflect on, a few significant points early in the journey. It aims to provide a sense of some of Rawls's important early concerns and commitments that structure or at least cast significant shadows over his later work in political philosophy, A Theory of Justice and subsequent works. According to Rawl, moral philosophers construct theoretical models to explain and (...) predict familiar, everyday, noncontroversially competent moral judgments. Rawls refers to this work as “explication” and “ethics as science.” Rawls distinguishes between two tasks essential to moral philosophy. Ethical theory or moral theory starts with but takes us beyond ethics as science by helping us to refine and deepen our understanding of plausible candidate explications. (shrink)

In Globalization and Justice, Kai Nielsen brings his distinctive and passionate voice and considerable philosophical abilities to one of the pressing issues of our time: Is justice possible in our increasingly globalized world? Nielsen argues that it is, though the demands of justice are great, the challenges substantial, and the odds very long. Without a clear philosophical understanding of justice and a firm and focused political will, Nielsen maintains, we are likely to have globalization without justice. This is surely correct.

Rawls's "The Law of Peoples" has not been well received. The first task of this essay is to draw (what the author regards as) Rawls's position out of his own text where it is imperfectly and incompletely expressed. Rawls's view, once fully and clearly presented, is less vulnerable to common criticisms than it is often taken to be. The second task of this essay is to go beyond Rawls's text to develop some supplementary lines of argument, still Rawlsian in spirit, (...) to deflect key criticisms made by Rawls's critics. The overall defense given here of Rawls's position draws on a deep theme running throughout all of Rawls's work in political philosophy, namely, that the task of political philosophy is to mark the moral limits given by and through a common human reason, itself socially and historically achieved, within which human nature must develop (and reveal itself over time) if it is to be an expression or manifestation of human freedom. (shrink)

At the center of Rawls’s work post-1980 is the question of how legitimate coercive state action is possible in a liberal democracy under conditions of reasonable disagreement. And at the heart of Rawls’s answer to this question is his liberal principle of legitimacy. In this paper I argue that once we attend carefully to the depth and range of reasonable disagreement, Rawls’s liberal principle of legitimacy turns out to be either wildly utopian or simply toothless, depending on how one reads (...) the ideal of reciprocity it is meant to embody. To remedy this defect in Rawls’s theory, I␣undertake to develop the outlines of a democratic conception of legitimacy, drawing first on Rawls’s generic conception of legitimacy in The Law of Peoples and second on a revised understanding of reciprocity between free and equal citizens. On this revised understanding, what free and equal citizens owe one another is not reciprocity in judgment, but reciprocity of interests. (shrink)

In The Law of Peoples, John Rawls does not discuss justice and the global economy at great length or in great detail. What he does say has not been well-received. The prevailing view seems to be that what Rawls says in The Law of Peoples regarding global economic justice is both inconsistent with and a betrayal of his own liberal egalitarian commitments, an unexpected and unacceptable defense of the status quo. This view is, I think, mistaken. Rawls’s position on global (...) or international economic justice is richer, more nuanced, and generally more compelling than his critics have been willing to acknowledge. My aim in this essay is to sympathetically set out, and then defend against two common families of objection to, Rawls’s position on global or international economic justice. Objections of the first sort reject Rawls’s position as inadequately attentive to the material and economic interests of individual persons worldwide. Objections of the second sort reject it as inadequately attentive to the material and economic interests of well-ordered peoples. Throughout the paper I develop several arguments implicit in The Law of Peoples but not well-developed there as well as offer some additional arguments of my own consistent with the spirit of The Law of Peoples and Rawls’s work more generally. I conclude with some brief remarks expressing two worries I have about Rawls’s position – one concerning global public goods, the other concerning the formation of a morally adequate and effective political will within the international context under contemporary conditions. (shrink)

The recent posthumous publication of John Rawls's undergraduate thesis 'A Brief Inquiry Into the Meaning of Sin and Faith: An Interpretation Based on the Concept of Community' constitutes a welcome opportunity to examine the relationships between Rawls's religious commitments and his political philosophy. In this essay, informed by a complete examination of Rawls's archived papers at Harvard, I set out some of these commitments, trace their development over time, and indicate some of the ways they find expression in Rawls's political (...) thought. In the 1990s Rawls characterized his life's work as addressed to a question 'essentially religious in nature': Can human nature be redeemed? It is perhaps, then, no surprise that reading his work against the background of his, eventually non-theistic, religious commitments and concerns helpfully casts it in a new light. (shrink)

Wide ranging and up to date, this is the single most comprehensive treatment of the most influential political philosopher of the 20th century, John Rawls. An unprecedented survey that reflects the surge of Rawls scholarship since his death, and the lively debates that have emerged from his work Features an outstanding list of contributors, including senior as well as “next generation” Rawls scholars Provides careful, textually informed exegesis and well-developed critical commentary across all areas of his work, including non-Rawlsian perspectives (...) Includes discussion of new material, covering Rawls’s work from the newly published undergraduate thesis to the final writings on public reason and the law of peoples Covers Rawls’s moral and political philosophy, his distinctive methodological commitments, and his relationships to the history of moral and political philosophy and to jurisprudence and the social sciences Includes discussion of his monumental 1971 book, A Theory of Justice, which is often credited as having revitalized political philosophy. (shrink)

This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.

This article begins by clarifying and noting various limitations on the universal reach of the human right to health care under positive international law. It then argues that irrespective of the human right to health care established by positive international law, any system of positive international law capable of generating legal duties with prima facie moral force necessarily presupposes a universal moral human right to health care. But the language used in contemporary human rights documents or human rights advocacy is (...) not a good guide to the content of this rather more modest universal moral human right to health care. The conclusion reached is that when addressing issues of justice as they inevitably arise with respect to health policy and health care, both within and between states, there is typically little to gain and much to risk by framing deliberation in terms of the human right to health care. (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an (...) otherwise divided world. (shrink)

Journal of Social Philosophy, EarlyView.

Offers, by way of systematic reconstruction of Rawls's Law of Peoples, a principled view of human rights and liberal toleration.

This paper examines the general neutrality principle of Rawls’ liberalism and then tests that principle against accommodationist intuitions and sympathies in cases concerning the non-neutral effects of a system of compulsory education on particular social groups.

John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to (...) 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law. (shrink)

In this book the author explores experiences of religious belief and unbelief with four people, two are believers and two are not.

Mandatory vaccination, including for COVID-19, can be ethically justified if the threat to public health is grave, the confidence in safety and effectiveness is high, the expected utility of mandatory vaccination is greater than the alternatives, and the penalties or costs for non-compliance are proportionate. I describe an algorithm for justified mandatory vaccination. Penalties or costs could include withholding of benefits, imposition of fines, provision of community service or loss of freedoms. I argue that under conditions of risk or perceived (...) risk of a novel vaccination, a system of payment for risk in vaccination may be superior. I defend a payment model against various objections, including that it constitutes coercion and undermines solidarity. I argue that payment can be in cash or in kind, and opportunity for altruistic vaccinations can be preserved by offering people who have been vaccinated the opportunity to donate any cash payment back to the health service. (shrink)

There are no egalitarians in a pandemic. The scale of the challenge for health systems and public policy means that there is an ineluctable need to prioritize the needs of the many. It is impossible to treat all citizens equally, and a failure to carefully consider the consequences of actions could lead to massive preventable loss of life. In a pandemic there is a strong ethical need to consider how to do most good overall. Utilitarianism is an influential moral theory (...) that states that the right action is the action that is expected to produce the greatest good. It offers clear operationalizable principles. In this paper we provide a summary of how utilitarianism could inform two challenging questions that have been important in the early phase of the pandemic: (a) Triage: which patients should receive access to a ventilator if there is overwhelming demand outstripping supply? (b) Lockdown: how should countries decide when to implement stringent social restrictions, balancing preventing deaths from COVID‐19 with causing deaths and reductions in well‐being from other causes? Our aim is not to argue that utilitarianism is the only relevant ethical theory, or in favour of a purely utilitarian approach. However, clearly considering which options will do the most good overall will help societies identify and consider the necessary cost of other values. Societies may choose either to embrace or not to embrace the utilitarian course, but with a clear understanding of the values involved and the price they are willing to pay. (shrink)