De acuerdo a este artículo, la extensión realizada por Rawls de su concepción de justicia doméstica al contexto de las relaciones internacionales contradice premisas básicas de su propia teoría de justicia. Una extensión de la teoría doméstica consistente con sus propias premisas debería llevar a considerar una clase mayor de demandas como derechos humanos y a aceptar algún principio de distribución global.

John Rawls argued in The Law of Peoples that we should reject any principle of international distributive justice, whether in ideal theory or nonideal theory. Instead, he advocated a duty of assistance on the part of well‐ordered societies toward burdened societies. I argue that Rawls is correct that we should endorse a principle with a target and cut‐off point rather than a principle of international distributive justice. But the target and cut‐off point he favors is too undemanding, (...) because it can be met by assisting a burdened society to become a decent people. Instead, only a society that respects the right to an adequate standard of living, and not simply a right to subsistence, can be an acceptable target. Rawls is prevented from drawing this conclusion by a failure to disentangle issues of intervention and assistance, a failure bound up with his flawed, intervention‐driven account of human rights in defining a decent people. (shrink)

Photo ID 71252867© Stepan Popov| Dreamstime.com Abstract While Medical Assistance in Dying (MAiD) has been legalized in Canada since 2016, it still excludes eligibility for persons who have mental illness as a sole underlying medical condition. This temporary exclusion was set to expire on March 17th, 2024, but was set 3 years further back by the Government of Canada to March 17th, 2027. This paper presents a critical appraisal of the case of MAiD for individuals with mental illness as the (...) sole underlying medical condition through the analysis of three ethical theories: principlism, deontology, and utilitarianism. Through evidence and discussion, it will be demonstrated that MAiD, in this context, may be ethically justifiable on the grounds of upholding human rights, protecting dignity, and minimizing suffering. Introduction In June of 2016, Medical Assistance in Dying (MAiD) was legalized in Canada.[1] Throughout the first six years, a temporary exclusion of eligibility for persons suffering solely from mental illness was extended.[2] The exclusion of mental illness as a sole underlying medical condition was set to expire on March 17, 2024.[3] However, on February 1, 2024, just over a month before the set expiration, the Government of Canada once again extended the exclusion, this time setting it back three years to March 17, 2027. There are currently several countries that allow MAiD for mental illness, including Belgium, the Netherlands, and Luxembourg.[4] Some countries, like Spain,[5] do not give specific guidance, leaving the matter under discussion by ethicists and courts. In these countries, there are specific (although different) requirements for the process; overall, for mental illness, the illness must be verifiable and not simply related to a perception of satisfaction with the length of life. This extension ignited discussion on whether MAiD for persons who have mental illness as a sole underlying medical condition in Canada is ethically acceptable. As a complex, multi-faceted, and interdisciplinary issue, ethicists assessing MAiD must take into account various moral obligations and considerations. This paper analyses MAiD in this context through the application of three ethical theories: principlism, deontology, and utilitarianism. This paper concludes that, based on the current evidence and knowledge of this developing situation, MAiD for persons with mental illness in Canada may be ethically justified on the grounds of upholding human rights, labour obligations, and dignity. Through the exploration of research and discussions, it will be demonstrated that society at large ought to protect liberty and act towards relieving suffering, thereby supporting the potential eligibility of MAiD for persons who have mental illness. Principlism: The Capacity and Ability to Assess and Decide for One’s Own Life Principlism is the application of four principles: autonomy, beneficence, non-maleficence, and justice. Principlism supports permitting MAiD for mental illness due to the importance of autonomy in decision-making, equitable and just practices for MAiD assessors, and reducing suffering for patients and their family member(s) and/or friend(s). Carter v. Canada, the Canadian Supreme Court ruling of 2015—which changed Canadian law to allow for MAiD—held that the prohibition of MAiD infringed on Canadians’ right to “life, liberty, and the security of the person.” In a unanimous decision, the Supreme Court of Canada decided that the criminal prohibition of MAiD violates the Canadian Charter of Rights and Freedoms.[6] The Court concluded that the criminal law prohibiting MAiD interfered with people’s autonomy and dignity, which are protected by the rights of liberty and security of the person.[7] The ruling emphasized that Canada’s constitution reflects the fundamental importance of individual autonomy in personal decision-making. Research provides evidence that MAiD improves autonomy: A study among psychiatric patients found that 8 of 48 psychiatric patients said the mere option of accessing MAiD was enough to assess their future options for living wholly.[8] These findings complement a study entailing interviews with 30 adults who have mental illness, which emphasized that the ability to access MAiD allows individuals to analyze their quality of life, envision their desired future, and make decisions accordingly.[9] Although not all participants agreed that mental illness as the only underlying medical condition was appropriate for MAiD eligibility, many participants agreed that patient autonomy in decision-making was paramount and should be respected. However, autonomy as an ethical principle does not immediately grant all persons with mental illness the option to access MAiD. There are multiple eligibility criteria for those who wish to receive MAiD, which still must be approved and assessed. Currently, eligibility criteria for MAiD states that individuals must “give informed consent to receive MAiD, meaning that the person has consented to receiving MAiD after they have received all information needed to make this decision.”[10] Consent requires capability or capacity, which is the ability to understand relevant information, appreciate its potential consequences, and make an informed decision for oneself.[11] Like for many other diseases, disabilities, and conditions, patient capability is determined on a case-by-case basis.[12] Given the stigma surrounding those struggling with mental health, this thorough case-by-case examination of an individual patient’s capability and capacity without prejudice or partiality should lead to equitable and fair treatment. Without appropriate testing, those with mental illness could be wrongly stripped of their decision-making power. Arguments against MAiD for those with mental illness have raised concerns about the potential for individuals to harm themselves and others. A survey of MAiD providers demonstrated that physicians believed that the bereavement experience following MAiD is challenging and profoundly distinct and that bereavement support for all members involved should be required.[13] However, while watching one die (of MAiD) may cause harm to their families, friends, and support system at large, it is also important to recognize that watching someone suffer and struggle through their mental health journey also poses significant harm. Qualitative studies in Ontario, Canada, have interviewed family members of persons with mental illness as a sole medical condition, and interviewees shared that witnessing the illness and its impacts on their close one's lives was a very difficult experience.[14] As it relates to MAiD, participants emphasized that those living with mental illness are in the best position to understand their own pain and suffering and, in turn, make their own decisions about relief.[15] In an interview, a MAiD provider stated that MAiD may provide less suffering and more peace, and that, although it “depends on the family,... usually the family is more prepared and at peace.”[16] On the contrary, a person who has mental illness may perceive choosing MAiD as beneficial to their family member(s) and/or friend(s). Among those who died by MAiD in 2021, 35.7 percent reported that they perceived themselves as a burden on their family and friends.[17] While some authors report their concerns regarding such social burden as a potential driving factor for MAiD requests, others report that there are other additional burdens associated with requesting MAiD that may be financial, societal, and personal.[18] As such, the extension of MAiD eligibility to those with mental illness will likely only allow a small number of people to be granted MAiD.[19] Many others will be diverted to appropriate services and treatments. Patients’ decision to choose MAID noted their ability to make choices about their own care, reflecting the value of autonomy.[20] Although it is difficult to determine what is good for families in individual cases, MAiD presents an option that is both beneficent and non-maleficent. Therefore, these arguments satisfy the principles which do not necessarily conflict with MAiD. Deontology: The Duty to Recognize Vulnerability and Relieve Suffering The argument here begins with the fundamental focus of deontology—that moral duty lies in an action rather than in its consequences. Further discussion is required to analyze the impact of MAiD on healthcare workers. The Canadian Medical Association (CMA) Code of Ethics and Professionalism requires physicians to abide by virtues, commitments, and responsibilities in delivering health care and service.[21] The code states that “a compassionate physician recognizes suffering and vulnerability, … and alleviate[s] the patient’s suffering.”[22] In the context of MAiD for persons with mental illness as a sole underlying medical condition, vulnerabilities could be wide in range. Many Canadians are concerned with the interaction between mental health and other social determinants of health, such as the lack of medical, disability, financial, housing, and social support and resources.[23] As a result, another layer to the ethical issue arises: Does permitting MAiD for mental illness treat the symptoms of the issue rather than the root problem itself (social, economic, and systemic inequities)? Some argue against MAiD, stating that the nation should first focus on developing better quality care and service.[24] Others support MAiD as a potential harm reduction approach, given that most of these unjust conditions require a higher level of long-term structural and public policy overhaul.[25] The CMA Code also calls upon physicians to recognize and alleviate patients’ suffering. Some argue that while physicians and medical professionals do work to relieve suffering, they are trained to do so through a primary care-based diagnose-and-treat approach.[26] Studies that have captured Canadian physicians’ experiences providing MAiD report that, although physicians stated that the work was rewarding, it came with many challenges, including strained relationships with coworkers, increased workload, and inadequate compensation.[27] Physicians report that a part of the problem is that MAiD rules are written by lawyers and experts who are removed from its reality in medical practice. As a result, there is a lack of clarity surrounding practice norms and a lack of support for physicians.[28] Thus, while healthcare practitioners have a duty to relieve patients’ suffering, they should feel adequately trained and supported in doing so. If physicians and healthcare professionals recognize vulnerability and relieve suffering, then they should act accordingly, regardless of potential associations or outcomes. Making persons with mental illness eligible for MAiD ensures that treatment to relieve their suffering is available. However, it is imperative that there are sufficient resources and support available to healthcare professionals to ensure that they feel prepared and supported to provide MAiD, should they wish to do so. Utilitarianism: Minimizing Intolerable Suffering and Dying with Dignity Overall, utilitarianism is largely concerned with the greatest happiness principle—to increase the amount of happiness for the greatest number of people. So far, this paper has analyzed individual, family, and practitioner-based ethical considerations. But if MAiD were to be extended to those with mental illness as a singular underlying medical condition, what implications would this have for the world and society at large? There is a global drive toward authorizing organized ending of life, with an increasing number of countries legalizing MAiD.[29] The medical system is generally seen as a safe and appropriate system to carry out MAiD, especially when suicide and self-harm are regarded as “alternatives.” Yet despite these worldwide efforts, many argue through the theory of utilitarianism that the inability to see long-term consequences renders MAiD a premature solution, particularly for those who are unable or unwilling to seek other forms of potentially healing treatment or for those who may undergo MAiD only for a technological innovation or biomedical advancement to later come along as a potential cure.[30] While it is true that MAiD does not prevent these “premature deaths,” it is also true that it does not claim to.[31] MAiD provides an option to alleviate intolerable suffering. Some individuals with severe mental illness do describe their condition as intolerable suffering. MAiD is seen as an option to minimize suffering. It can also be seen as a way to die with dignity and relief.[32] While predicting outcomes is difficult, extending MAiD eligibility for persons experiencing mental illness does not undermine its ability to end suffering. It allows eligible individuals to take charge of their health, their life, and their future. Conclusion Based on the current evidence, allowing MAiD for persons with mental illness as their sole underlying medical condition presents as an ethically justifiable action. The right to self-determination and fair accessibility demonstrates that there is more harm done by prohibiting MAiD for mental illness than allowing it. Such liberty is a right, and in the context of relieving suffering, it is a duty that healthcare workers must uphold, although the ability to opt out of providing MAiD is well established. Thus, to recognize vulnerability and relieve suffering means to provide methods, such as MAiD, for those deeply impacted by mental illness. These justifications stand at both the individual level and for society at large. Nevertheless, it remains imperative to take an upstream approach that addresses the social determinants of health and aims to prevent mental illness and promote long-term, beneficial social change for those suffering, struggling, and vulnerable in our communities. - [1] Jaro Kotalik and David W. Shannon, Medical Assistance in Dying (MAID) in Canada Key Multidisciplinary Perspectives, 1st ed. 2023., The International Library of Bioethics, 104 (Cham: Springer International Publishing, 2023), https://doi.org/10.1007/978-3-031-30002-8. [2] Department of Justice Government of Canada, “Canada’s Medical Assistance in Dying (MAID) Law,” February 21, 2024, https://www.justice.gc.ca/eng/cj-jp/ad-am/bk-di.html. [3] Health Canada, “Final Report of the Expert Panel on MAiD and Mental Illness,” transparency - other, May 13, 2022, https://www.canada.ca/en/health-canada/corporate/about-health-canada/public-engagement/external-advi sory-bodies/expert-panel-maid-mental-illness/final-report-expert-panel-maid-mental-illness.html. [4] Federal Public Service (FPS) Health Belgium, “Federal Commission for the Control and Evaluation of Euthanasia,” n.d., https://consultativebodies.health.belgium.be/en/advisory-and-consultative-bodies/federal-commission- control-and-evaluation-euthanasia.; Government of Netherlands, “Is Euthanasia Allowed in the Netherlands?,” n.d., https://www.government.nl/topics/euthanasia/is-euthanasia-allowed.; “Information on Requesting Euthanasia or Assisted Suicide,” n.d., https://guichet.public.lu/en/citoyens/sante/fin-vie/euthanasie/euthanasie-assistance-suicide.html. [5] Luis Espericueta, First official report on euthanasia in Spain: A comparison with the Canadian and New Zealand experiences, Medicina Clínica (English Edition), Volume 161, Issue 10, 2023, Pages 445-447, ISSN 2387-0206, https://doi.org/10.1016/j.medcle.2023.06.021. [6] Government of Canada, “The Canadian Charter of Rights and Freedoms,” March 15, 2021, https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/. [7] Supreme Court of Canada, “Carter v. Canada,” Constitutional Law, 2015, https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14637/index.do.; Kotalik and Shannon, Medical Assistance in Dying (MAID) in Canada Key Multidisciplinary Perspectives. [8] Karandeep Sonu Gaind, “What Does ‘Irremediability’ in Mental Illness Mean?,” Canadian Journal of Psychiatry. Revue Canadienne de Psychiatrie 65, no. 9 (September 2020): 604–6, https://doi.org/10.1177/0706743720928656; Lieve Thienpont et al., “Euthanasia Requests, Procedures and Outcomes for 100 Belgian Patients Suffering from Psychiatric Disorders: A Retrospective, Descriptive Study,” BMJ Open 5, no. 7 (July 27, 2015): e007454, https://doi.org/10.1136/bmjopen-2014-007454. [9] Hamer Bastidas-Bilbao et al., “Walking Alongside: Views of Family Members on Medical Assistance in Dying for Mental Illness as the Sole Underlying Medical Condition,” Qualitative Health Research 33 (September 29, 2023), https://doi.org/10.1177/10497323231197365. [10] Government of Canada, “Canada’s Medical Assistance in Dying (MAID) Law.” [11] Commission sur les soins de fin de vie, “Les conditions de l’admissibilité à l’aide médicale à mourir au Québec: la constance dans l’évolution de la loi concernant les soins de fin de vie,” June 9, 2023, https://csfv.gouv.qc.ca/ fileadmin/docs/autres_rapports/csfv_lcsfv_conditions_ amm_2023-06-29.pdf.; Trudo Lemmens, “When Death Becomes Therapy: Canada’s Troubling Normalization of Health Care Provider Ending of Life,” The American Journal of Bioethics 23, no. 11 (November 2, 2023): 79–84, https://doi.org/10.1080/15265161.2023.2265265. [12] Justine Dembo, Udo Schuklenk, and Jonathan Reggler, “‘For Their Own Good’: A Response to Popular Arguments Against Permitting Medical Assistance in Dying (MAID) Where Mental Illness Is the Sole Underlying Condition,” Canadian Journal of Psychiatry. Revue Canadienne De Psychiatrie 63, no. 7 (July 2018): 451–56, https://doi.org/10.1177/0706743718766055. [13] Konia Trouton et al., “Attitudes and Expectations Regarding Bereavement Support for Patients, Family Members, and Friends: Findings from a Survey of MAID Providers,” British Columbia Medical Journal 62, no. 1 (2020). [14] Bastidas-Bilbao et al., “Walking Alongside.” [15] Bastidas-Bilbao et al. [16] Trouton et al., “Attitudes and Expectations Regarding Bereavement Support for Patients, Family Members, and Friends: Findings from a Survey of MAID Providers,” 2020. [17] Ramona Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” Palliative & Supportive Care 21, no. 5 (October 2023): 871–78, https://doi.org/10.1017/S1478951523001025; Health Canada, “Third Annual Report on Medical Assistance in Dying in Canada 2021,” report on plans and priorities;transparency - other, July 26, 2022, https://www.canada.ca/en/health-canada/services/publications/health-system-services/annual-report-me dical-assistance-dying-2021.html; Lemmens, “When Death Becomes Therapy.” [18] Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” October 2023.; Bastidas-Bilbao et al., “Walking Alongside.” [19] Olivia Stefanovich, “Opposition Parties Call for Indefinite Pause to MAID Expansion for Mental Illness | CBC News,” Canadian Broadcasting Corporation, January 28, 2024, https://www.cbc.ca/news/politics/special-joint-committee-maid-mental-illness-report-1.7095679; Benjamin Lopez Steven, “Number of Assisted Deaths Jumped More than 30 per Cent in 2022, Report Says | CBC News,” Canadian Broadcasting Corporation, October 27, 2023, https://www.cbc.ca/news/politics/maid-canada-report-2022-1.7009704. [20] Hamer Bastidas-Bilbao et al., “Searching for Relief from Suffering: A Patient-Oriented Qualitative Study on Medical Assistance in Dying for Mental Illness as the Sole Underlying Medical Condition,” Social Science & Medicine 331 (August 1, 2023): 116075, https://doi.org/10.1016/j.socscimed.2023.116075. [21] Canadian Medical Association, “Canadian Medical Association Code of Ethics and Professionalism” (Canada: Canadian Medical Association, December 8, 2018), https://policybase.cma.ca/link/policy13937. [22] Canadian Medical Association. [23] Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” October 2023; Stefanovich, “Opposition Parties Call for Indefinite Pause to MAID Expansion for Mental Illness | CBC News.” [24] John Paul Tasker, “Liberal Government Promoting a ‘culture of Death’ with Medical Assistance in Dying Law, Conservative MP Says | CBC News,” Canadian Broadcasting Corporation, March 6, 2023, https://www.cbc.ca/news/politics/culture-of-death-medical-assistance-in-dying-mental-illness-1.67695 04. [25] Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” October 2023; Kayla Wiebe and Amy Mullin, “Choosing Death in Unjust Conditions: Hope, Autonomy and Harm Reduction,” Journal of Medical Ethics, April 26, 2023, https://doi.org/10.1136/jme-2022-108871. [26] Ramona Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” Palliative & Supportive Care 21, no. 5 (October 2023): 871–78, https://doi.org/10.1017/S1478951523001025. [27] Konia Trouton et al., “Attitudes and Expectations Regarding Bereavement Support for Patients, Family Members, and Friends: Findings from a Survey of MAID Providers,” British Columbia Medical Journal 62, no. 1 (2020), https://bcmj.org/articles/attitudes-and-expectations-regarding-bereavement-support-patients-family-m embers-and.; William Robert Nielsen, “MAiD in Canada: Ethical Considerations in Medical Assistance in Dying,” Canadian Journal of Bioethics 4, no. 2 (December 9, 2021): 93–98, https://doi.org/10.7202/1084456ar. [28] Coelho et al., “The Realities of Medical Assistance in Dying in Canada,” October 2023. [29] Lemmens, “When Death Becomes Therapy.” [30] William Robert Nielsen, “MAiD in Canada: Ethical Considerations in Medical Assistance in Dying,” Canadian Journal of Bioethics 4, no. 2 (December 1, 2021): 93–98, https://doi.org/10.7202/1084456ar. [31] Steven, “Number of Assisted Deaths Jumped More than 30 per Cent in 2022, Report Says | CBC News.” [32] A. Plaisance et al., “Quebec Population Highly Supportive of Extending Medical Aid in Dying to Incapacitated Persons and People Suffering Only from a Mental Illness: Content Analysis of Attitudes and Representations,” Ethics, Medicine and Public Health 21 (April 1, 2022): 100759, https://doi.org/10.1016/j.jemep.2022.100759. (shrink)

Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his 'conclusions' without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to (...) their logical conclusions, both 'A Theory of Justice' and 'The Law of Peoples' have abysmally counterintuitive and immoral implications. To wit, if the members in the original position think, as Rawls suggests,that their society is closed and they will have no interaction with outsiders, and if, furthermore, they are self-interested and concerned with the basic structure of their own society, than there is absolutely no reason for them to use the terms “persons” or “least advantaged” in the formulation of the two principles. Rather, they will use the terms “citizens of our society” and “least advantaged of our society” instead. But thus revised, the principles of justice imply that the genocide or the enslavement of outsiders is unobjectionable. I will consider attempts to block this conclusion and demonstrate that they all fail. The Law of Peoples, moreover, faces similar problems. (shrink)

The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” in the (...) realm of international relations. This is, for obvious reasons, a controversial view, especially given the powerful and important arguments purporting to show that democracies do significantly better than nondemocracies in promoting internal peace and equality, and in engaging in peaceful international cooperation. Both proponents and opponents of the Rawlsian view of human rights have argued that the view implies that democracies may not “promote democracy” in nondemocratic societies. But, given that all parties to this dispute agree that democracy is necessary for justice, and given the important instrumental goods provided by democracy, the Rawlsian view has seemed deeply implausible to many. -/- In this paper I blunt this challenge to the Rawlsian view by showing how, even if there is no human right to democracy, we may still rightfully promote democracy in a number of ways and cases. Showing this requires investigation of what it means to “promote democracy”, and a more careful inspection of when various methods of promoting democracy are appropriate than has been done by most political theorists working on human rights. When we look carefully, we can see that in some instances acceptable forms of promoting democracy are compatible with the Rawlsian view of human rights, and that this view is therefore not vulnerable to the “instrumentalist” challenge. We also see how, if political philosophy is to be useful, it must be less abstract and look closely at actual cases. -/- This paper posted by permission of the Board of Trustees of the Leland Stanford Junior University. For information visit the Stanford University website. (shrink)

One prominent criticism of John Rawls’s The Law of Peoples is that it treats certain non-liberal societies, what Rawls calls ‘decent hierarchical societies’, as equal participants in a just international system. Rawls claims that these non-liberal societies should be respected as equals by liberal democratic societies, even though they do not grant their citizens the basic rights of democratic citizenship. This is presented by Rawls as a consequence of liberalism’s commitment to the principle of toleration. A number of (...) critics have claimed that Rawls’s treatment of these non-liberal societies is symptomatic of a more general problem with political liberalism, namely, its reliance on toleration as its ‘fundamental principle’. Against this view, I argue that the principle of toleration should not be understood as political liberalism’s ‘fundamental principle’. This is revealed through a consideration of the normative basis of what Rawls calls the ‘Liberal Principle of Legitimacy’. A correct understanding of political liberalism’s ‘fundamental principle’, which I claim is a principle of equal ‘civic respect’ for citizens, shows that Rawls’s toleration of non-liberal societies is in fact a misapplication of political liberalism to the global domain. Moreover, I explain that political liberalism must assert that the principle of equal civic respect for citizens is the correct principle to govern the public political relations of citizens in all pluralist societies, and that most ‘decent hierarchical societies’ are pluralist in nature. Identifying political liberalism’s fundamental principle as that of equal civic respect for citizens helps to render political liberalism, in both the domestic and international domains, a more coherent and compelling approach to thinking about fundamental political issues. Key Words: civic respect • international relations • justice • political liberalism • Rawls • toleration. (shrink)

In The Law of Peoples Rawls claims that liberal well-ordered societies (LWOSs) should regard certain non-liberal societies, decent hierarchical societies (DHSs), as equal members of a just international order, a ‘Society of Peoples.’ Rawls maintains, however, that while the ‘basic structures’ (the main political and economic institutions) of LWOSs are fair systems of social cooperation, the basic structures of DHSs are only ‘decent’ systems of social cooperation. I explain why the basic structures of DHSs cannot be fair (...) systems of social cooperation. In doing so, I refute a recent defense of DHSs advanced by Samuel Freeman. I then argue that because the basic structures of DHSs cannot be fair systems of social cooperation, Rawls is not justified in holding that LWOSs should refrain always from offering economic incentives to DHSs in order to encourage them to liberalize their political institutions. The ultimate aim of the foreign policies of LWOSs should be a world in which liberal democratic rights are respected by all societies. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. (...) class='Hi'>Human rights are among the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

In 1994, the European Parliament published a resolution on the right of humanitarian intervention. Interestingly, the declaration maintains that such intervention is not in contradiction with international law, although it formulates the concept of right in a way that is translatable into the vocabulary of individual rights. I analyze some implications of the resolution for the mutual duties of states. I thereby focus my attention on two possible applications: by way of Rawls's duty of assistance and by way of (...) the cosmopolitan theory of global distributive justice. I conclude that the latter theory promises better results for protecting individuals' basic rights, but I also show that it is at the cost of a strongly interventionist structure requiring a powerful supranational institution. Finally, I envision the conditions under which such an increase of interventionism in favor of human rights can be acceptable. (shrink)

In this essay, I argue for the “inclusive” advantage of John Rawls’s The Law of Peoples through a critical engagement with the political development of modern China. I start by introducing some recent developments in contemporary Chinese political theory, showing why it is now theoretically difficult to imagine that China can be incorporated into a liberal international order as a liberal society. In the main body of the essay, I conduct a comparative study of Joseph Chan’s Confucian perfectionism, a Confucian-inspired (...) political theory embedded in Chinese cultural tradition and constructed for modern China, and the Law of Peoples. The purpose is to reveal that there has already existed a school of Chinese political thought that will incorporate China into the Law of Peoples as a decent Confucian-inspired society and that such a society will accept its global responsibility designated by the duty of assistance yet reject a global difference principle in the global original position. I conclude by suggesting how this potential “inclusiveness” of the Law of Peoples may help to remove some of new disturbance to the ideal of a just and stably peaceful world. (shrink)

A normative account of global political organization must address three fundamental questions. One concerns the way in which political jurisdictions are to be delimited and their territorial boundaries drawn; another concerns the allocation of powers of sovereignty to those jurisdictions; the third concerns the principles for the distribution of economic benefits and burdens worldwide. The aim of my dissertation is to defend an account of global justice that extends to each of these questions. In doing so, I (...) reject the answers embodied in the prevailing international states system. ;In Chapter One, I consider one of the most sophisticated attempts to defend the states system on grounds of political morality---John Rawls's "The Law of Peoples." I argue that Rawls's defense fails because it is not adequately responsive to its own animating moral ideal, namely the ideal of popular sovereignty. Properly understood, popular sovereignty imposes on global political institutions constraints that are inconsistent with the features of the states system that Rawls defends. These constraints are expressed in two conditions: a deliberativeness condition, which ensures the integrity of the communicative structures required for rational collective will formation; and a pre-commitment condition, which ensures the willing acceptance by individuals of membership in the same polity. Together, these conditions entail a set of political human rights for individuals, and a set of self-determination rights for groups. ;Thomas Pogge has proposed a federative model of global political organization that, suitably modified, is responsive to these rights. His account calls for a federative dispersion of sovereign powers among nested jurisdictions, and incorporates a voluntaristic principle for the demarcation of borders. However, Pogge's defense is incomplete. In Chapter Two, I argue that the ideal of popular sovereignty provides the necessary foundation for his model. The same ideal leads us to reject Pogge's assertion of a universal right to democratic governance. ;In Chapter Three I articulate and defend a conception of global distributive justice that mandates transfers of wealth from more- to less-affluent societies with the disjunctive target of either immigration-pressure equilibrium---roughly, the point at which all economically motivated applications for immigration are granted---or maximal human development rates for the worst-off societies worldwide. (shrink)

This article deals with a foreign policy question of extraordinary importance: what responsibilities do States have to provide economic and technical assistance to other States that have high levels of need affecting the health and life of their citizens? The question is important for a variety of reasons. There exist massive inequalities in health globally, with the result that poorer countries shoulder a disproportionate burden of disease and premature death. Average life expectancy in Africa is nearly 30 years shorter than (...) in the Americas or Europe. In one year alone, an estimated 14 million of the poorest people in the world died, while only an estimated four million would have died if this population had the same death rate as the global rich. (shrink)

Regardless of unpredictable and contingent geopolitical events such as last year’s surprising rejection of the European Constitution in France and the Netherlands, this coming year will certainly witness a large surge in patriotism. The Winter Olympics in February, and the World Cup in the summer, both promise to whip national sentiments into a fever pitch. One other thing is certain, though: journals of philosophy and ethics will continue to debate the virtues of cosmopolitanism, as this number of Ethical Perspectives does (...) through its contributions below.Why is this? Why do philosophers and academics hold on to this idea of cosmopolitanism, an idea utterly lacking in the convictions of the general public? Is it perhaps because the first cosmopolitans were in fact philosophers? The first to identify himself as a cosmopolitan was Diogenes the Cynic, and Plato’s dialogues paint many of the Sophists in cosmopolitan hues. Although people generally support the idea of internationalism as far as it promotes trade, travel, and football tournaments, once it begins to meddle in internal affairs, as it does with outsourcing and transnational constitutions, they tend to fall back upon the patria. They killed Socrates for corrupting the youth of Athens, not the youth of the world.Whether it is the service and manufacturing industries of Asia and India ‘stealing’ American jobs, or widespread fears of Brussels’ legendary bureaucrats, the non-academic public consistently turns from its tepid embrace of cosmopolitanism to patriotism whenever threatened. Are we too quick to label this as self-interest or even selfishness? Or is there something else at work in the debate between cosmopolitanism and patriotism? Some approaches to cosmopolitanism are certainly guilty of an absolute removal of difference, of wishing away the nation state, of replacing it with an international body based on purely universal principles, and of wiping away the competencies of nations on many levels. The call for the world state can come across as an appeal for an anodyne and internationalist homogeneity based on a clinical morality that, for all its sensitivity, runs roughshod over the well-engrained cultural, legal, and social beliefs of many peoples.Clearly, this is what many Europeans fear, and to a large degree, Americans as well in their dislike for the International Court of Justice. Even the economic hegemony of outsourcing removes national power, and replaces it with pure economic rationality.Our contributors below do not advocate these reductions, although some may point to them. Key to each contribution below is sensitivity to the world as it is, to its need for difference even in the face of an ever-increasing globalisation that sometimes is connected with cosmopolitanism. Yet, every proponent of cosmopolitanism must sketch how it is possible in practice. Of course, an obvious problem is how to dwell consequently as a cosmopolitan. Not many contemporary cosmopolitans would be prepared to follow Diogenes’ commitment to rootlessness: living in exile after having been included in a forgery conviction aimed at his father, the ascetic Diogenes called a barrel his home. Such was his drive to live a levelled life that he cast away his only bowl upon seeing a poor peasant boy drinking from cupped hands. Today’s cosmopolitan leads a much more prosaic life, and hence the problem with cosmopolitanism begins as something mundane. Does not a cosmopolitan still pay national taxes? Does not a cosmopolitan still need a national passport and second country visas? But, the questions quickly turn ontological: how can one shed oneself of one’s nationality, of one’s belonging, as if it is just an accident of one’s own constitution, instead of as an important property of one’s own constitution? In other words, belonging is important: a citizen of the world still values citizenship. Clearly, the absolute cosmopolitan reduction is an absurdity: one is always rooted, in some sense. Even cosmopolitanism is rooted in a specific Western mindset, and is no self-evident preference of human existence.As Rudi Visker’s contribution so clearly shows through an investigation of the narcissism of minor differences, these questions revolve around the question of confrontation with alterity. What I am, in no small way plays off what I am not. I cannot be everything, if I am something. Freud’s analysis of minor differences reveals that members of a group identify with that group on the basis these minor differences. What is self-evident to a particular culture marks that culture off from another culture, a culture that by definition does not share the same set of the self-evident. To be a foreigner, as any ex-patriot can attest, is to stand outside of the self-evident, whether this means interpreting gestures, understanding commercial practices, or, as Freud would have it, staying on the correct side of national taboos. There is thus a dialectic of inner and outer, a dialectic which refuses a reduction of one to the other. As Visker puts it, recognising the stranger within oneself is quite different than recognising the stranger outside of oneself, and to confuse these as being the same is not only to misunderstand the very issue at stake, it is also a dangerous trivialisation of difference.But clearly, there is something viable and laudable in the idea of cosmopolitanism, since it stresses the universal moral community of humanity. Cosmopolitanism is an attempt to see all human subjects as subject to the same moral law. Indeed, the sort of federation to which cosmopolitanism leads, at least in a modified Kantian expression as Bert van Roermund tells us, even gives us good grounds to recognise the legitimacy and moral equivalence of states. Importantly, the international legal order does not draw its power from any supranational force, but from the choice of independent national actors to recognise it. Hence, this cosmopolitan order depends on nationhood, and good standing within this order depends on the degree to which a country decides to participate. Again, the universal here depends on well-rooted particularity, a particularity able to choose for the universal.What do we do, then, with outlaw nations, those nations that are hostile to the choice for the universal? Through a clear reading of Hegel, Paul Cobben proposes that the metric for a state’s legality is the measure to which it permits the moral freedom of its citizens to bloom. A free person requires a free legal order; only in such can a person obtain the full measure of human rights due. States that do not permit this blooming are illegitimate; they contradict the nature of the human person, and citizens dwelling under the yoke of these have the right to ask for outside assistance in removing this illegitimate power above them. However, for this plea to be met, two conditions must obtain: the oppressed people must have the wherewithal to form a political order after the removal of the illegitimate state, and the action must be grounded in the principles and support of a legal community, which in essence would be a world federation of states. In fact, it is morally incumbent upon all legal states to aim at such a world federation, upon pain of contradiction.Our duty to others does not end with the politically oppressed; the economically oppressed also lay a moral claim upon us. So, as Toon Vandevelde asks in his contribution, what about the global poor? The poor are hungry and in need of shelter and a future, but to address these issues at the level of rights is in a way heartless: what good does it do to legislate that everyone has the right to food, when this right can never be called upon, or enforced, in any meaningful sense? Moreover, approaches that demand non-prioritised generosity not only ignore the fundamental economic fact of scarcity, they also run the risk of creating the moral hazard of dependence on charity. The true cosmopolitan approach is the recognition of our common humanity and of our concomitant duty to help others as far as this help does not endanger us. This duty is compounded by the marginalisation of the poor through globalisation, a globalisation that they did not ask for. The extent of our help is indeterminate, but its direction is clear: it must aim to integrate those poor who wish it within our international systems, and so to ease their own transitions from poverty.Both Gil Anidjar and Maria Bonnafous-Boucher continue this theme of economy, but each from a highly specific viewpoint. Indeed, their contributions are perhaps somewhat darker, delving into an aspect of the unspoken underneath the choice for the universal. Anidjar begins with the relation between religion and economy within the interplay of Judaism and Christianity, whereas Bonnafous-Boucher focuses on the development of political economy through a Foucaultian lens. Although highly distinct contributions, both share the insight that the economy is now the central theme of our power structures, and that economy, isolated from questions of morality or justice, must likewise play a decisive role within the structure of cosmopolitanism, or, at minimum, the political unity of peoples. For, national government long ago ceded to a promiscuous mix of governance, and religion to economy. This nexus enthrones governance as an economic rationale stripped of all other trappings, and inscribes any possible cosmopolitanism within a framework of an aggressive capitalism, a kind of economic theology, a kind of hegemony in which state boundaries are essentially liquefied. Capital, after all, knows no boundaries. (shrink)

:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the (...) governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and (...) particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. conomic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. (shrink)

The paper discusses the problem of global distributive justice. It proposes to distinguish between principles for the domestic and for the global or intersocietal distribution of wealth. It is argued that there may be a plurality of partly diverging domestic conceptions of distributive justice, not all of which need to be liberal egalitarian conceptions. It is maintained, however, that principles regulating the intersocietal distribution of wealth have to be egalitarian principles. This claim is defended against Rawls's (...) argument in The Law of Peoples that egalitarian principles of distributive justice should not be applied globally. Moreover, it is explained in detail, why Rawls's “duty of assistance to burdened societies” cannot be an appropriate substitute for a global principle of distributive justice. (shrink)

This paper is about the implications of a common view on global justice. The view can be called the Minimalist View, and it says that we have no positive duties to help the poor in foreign countries, or that if we do, they are very minimal. It might seem as if, by definition, the Minimalist View cannot require that we do very much about global poverty. However, in his book World Poverty and Human Rights, Thomas Pogge (...) pointed out that this conclusion is at least up for debate. Although Minimalism countenances very few positive duties to the global poor, it certainly countenances negative duties not to harm. Perhaps one can argue that these negative duties are somehow being violated, and thus even a Minimalist must make substantial compensation to the global poor. However, in this paper I argue that Pogge’s argument about Minimalism does not succeed. The second half of the paper offers ways to revise and improve the argument in order to make the case for assistance to the global poor. (shrink)

How should International Political Theory (IPT) relate to public policy? Should theorists aspire for their work to be policy- relevant and, if so, in what sense? When can we legitimately criticize a theory for failing to be relevant to practice? To develop a response to these questions, I will consider two issues: (1) the extent to which international political theorists should be concerned that the norms they articulate are precise enough to entail clear practical advice under different empirical circumstances; (2) (...) whether they should provide concrete practical advice on policy choice and institutional reform. These questions are related but distinct, and we should answer each quite differently. Regarding the first, I shall argue that it counts heavily against a theory if it is not precise enough to guide policy and reform given certain empirical assumptions. On the second, I will argue that theorists should be very cautious when engaging with questions of policy and institutional design. Some principles of IPT can be criticized for being insufficiently precise, but a degree of abstraction from concrete policy recommendations is a virtue, rather than a vice, of an element of IPT. I conclude that we should aim to be precise without being concrete. To help fix ideas and anchor my argument, I will discuss these issues with reference to a principle that John Rawls has advocated in his influential work The Law of Peoples (Rawls 1999a): a duty of assistance to societies that lack the capacity to satisfy the basic needs or protect the basic rights of their people. (shrink)

In World Poverty and Human Rights, Thomas Pogge argues that the global rich have a duty to eradicate severe poverty in the world. The novelty of Pogges approach is to present this demand as stemming from basic commands which are negative rather than positive in nature: the global rich have an obligation to eradicate the radical poverty of the global poor not because of a norm of beneficence asking them to help those in need when (...) they can at little cost to themselves, but because of their having violated a principle of justice not to unduly harm others by imposing on them a coercive global order that makes their access to the objects of their human right to subsistence insecure. In this paper, I claim that although Pogge is right in arguing that negative duties are crucial in an account of global justice, he is wrong in saying that they are the only ones that are crucial. Harming the global poor by causing their poverty provides a sufficient but not a necessary condition for the global rich to have a duty of justice to assist them. After engaging in a critical analysis of Pogges argument, I conclude by suggesting the need for a robust conception of cosmopolitan solidarity that includes positive duties of assistance which are not mere duties of charity, but enforceable ones of justice. (shrink)

On 4 December 2006, during discussions on the Corporate Manslaughter and Corporate Homicide Bill, Andrew Dismore, Member of Parliament and then Chair of the Joint Committee on Human Rights, said, ‘Organisations can kill people … but it is the actions and omissions of people in organisations that cumulatively cause death’. However, the corporate entity is a vehicle for the communal actions of those who guide the business activities. Attempting to seek out persons or people that are solely responsible for (...) deaths and violations of human rights caused by companies is fruitless. The entity is a vehicle for those actions, it possesses its own, often deep, pockets of finance and resources, and it has a public image. It is more useful to punish the corporate entity, in instances where the corporate behaviour has led to death and human rights abuses, as it is in seeking out individual defendants. Soft law options have not brought about a sufficient reduction in instances of deaths caused by corporate behaviour across jurisdictional borders. This article will argue that the time has now come to establish an international hard law on corporate killing, and for states to ensure that there is a viable path towards a redress for victims and their families along with adopting a duty to assist the victim or their family to pursue redress to ensure a fair balance of power against transnational companies. (shrink)

InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a (...) just or benevolent person would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions. (shrink)

In a Society of Peoples as Rawls conceives it, human rights function as “criteria for toleration.” This paper defends the conception of human rights that appears in Rawls’ The Law of Peoples as normatively and theoretically adequate. I claim that human rights function as criteria for determining whether or not a given society or legal system can be tolerated. As such, “human rights” are not themselves basic facts or judgments or ascriptions, but rather the means by (...) which we collectively attempt to secure public criteria for evaluating what can and cannot be tolerated. Human rights are one expression of the fundamental value commitments of Political Liberalism to reasonableness and tolerance. If correct, this account provides good reasons for concluding that Political Liberalism has a normatively adequate conception of global justice. (shrink)

Does the fact that my actions cause someone to lack access to the objects of her human rights make me a human rights violator? Is behaving in such a way that we deprive someone of access to the objects of her human rights even when we could have avoided behaving in such a way, sufficient to maintain that we have violated her human rights? When an affluent country pursues domestic policies that will foreseeably cause massive deprivation (...) abroad in order to improve its already prosperous economy, has this country violated the human rights of the very poor just by doing so? If international organizations such as the International Monetary Fund and the World Trade Organization pursue policies that lead to an increase in the global poverty rate, are such organizations human rights violators? Can an individual undertaking certain actions in the market place that render insecure the access of the worst-off to the objects of their human rights be blamed for violating their rights?In this article I discuss the thesis that claims that whenever we cause, or contribute to the cause of, someone else's lack of access to the objects of her human rights, we are human rights violators. I contend that this thesis, which seems to underpin the arguments of many cosmopolitan authors taking part of the global justice debate, is mistaken. In order to achieve this end, I analyze several alternative formulations of the causal thesis. My conclusion is that before it can be said that an agent has violated someone else's human rights, it has to be proven that this agent has caused, or contributed to the cause of, a state of affairs where someone lacks access to the object of some of her human rights, by infringing a duty not to do so. Furthermore, I maintain that this must be a perfect, as opposed to an imperfect, duty. (shrink)

A number of theorists have tried to resolve the tension between a western-oriented liberal scheme of human rights and an account that accommodates different political systems and constitutional ideals than the liberal one. One important way the tension has been addressed is through a “neutral” or tolerant, notion of human rights, as present in the work of Rawls, Scanlon and Buchanan. In this paper I argue that neutrality cannot by itself explain the difference between rights considered appropriate for (...) liberal states and rights considered to be human rights proper. The central arguments used by neutralist theorists presuppose, rather than justify, this differential treatment. Instead, that difference can be understood only by reference to the purpose of human rights as distinct from the constitutional rights of a liberal state. This requires us to reassess the point and purpose of a theory of international justice, in contrast to justice for a domestic and politically separate society. In the case of a theorist like Rawls, human rights represent guides to the foreign policy of a liberal state, rather than to principles by which all states are expected to abide. That is because of Rawls’ acceptance that no common, authoritative, third-party, institutions capable of imposing duties on all agents uniformly exist or can exist. This also makes his theory inherently conservative about human rights, given that they are simply to act as a guide to which states can be treated as legitimate when it comes to liberal foreign policy: those that possess institutions that can be said to represent a peoples, rather than being imposed through violence. This standard is lower than the ideal set of rights extended to all in a liberal society. (shrink)

ABSTRACT How should physicians act when faced with corporal punishment, such as amputation, or torture? In most cases, the answer is clear: international law, UN resolutions and universal codes of medical ethics absolutely forbid physicians from countenancing torture and corporal punishment in any form. An acute problem arises, however, in decent societies, but not necessarily liberal states, that are, nonetheless, welcome in the world community. The decent society is often governed, in whole or in part, by religious laws, (...) and while these states abridge various human rights they are peace loving, generally tolerant, and offer their citizens wide avenues for political participation. Under these circumstances the prohibition against corporal punishment and torture weakens, often compelling physicians to participate. This is true in two cases. In Rawls’ hypothetical nation of Kazanistan, Islamic law is the order of the day, and amputations and corporal punishment play an integral part in the execution of traditional Islamic justice. In Israel, torture is sometimes used to elicit the information needed to thwart impending terror attacks. In each case, a physician's participation is essential. In light of the near universal condemnation that accompanies torture and corporal punishment, physicians can only appeal to norms anchored in collective well‐being and concern for life that override respect for human dignity in these societies. Western societies have consistently rejected this reasoning, but it is part and parcel of life in the decent society. (shrink)

Critics of state sovereignty have typically challenged the state’s right to close its borders to foreigners by appeal to the liberal egalitarian discourse of human rights. According to the liberty argument, freedom of movement is a basic human right; according to the equality or justice argument, open borders are necessary to reduce global poverty and inequality, both matters of global justice. I argue that human rights considerations do indeed mandate borders considerably more open (...) than is the norm today but that, no matter how radical in its critique of state sovereignty, human rights discourse fails to address a crucial feature of this ideology. It is not enough to engage in a substantive moral argument about what the state’s moral duties are. One must also address the procedural political question of who has the legitimate authority to decide what rights and duties to act on in cases of disagreement. In addition to human rights discourse, I argue, border activists must also draw on the challenge posed to the doctrine of state sovereignty by the democratic theory of popular sovereignty. According to democratic theory, the people subject to the state’s coercive exercise of political power, and not the state itself, is ultimately the sovereign arbiter of political questions. And because foreigners are subject to the state’s border laws, democratic theory requires granting them a participatory say in setting those laws. (shrink)

Many theorists understand human rights as only aiming to secure a minimally decent existence, rather than a positively good or flourishing life. Some of the theoretical considerations that support this minimalist view have been mapped out in the philosophical literature. The aim of this paper is to explain how a relatively neglected theoretical desideratum – namely, determinacy – can be invoked in arguing for human rights minimalism. Most of us want a theory of human rights whose (...) demands can be realized, and which is acceptable to a range of worldviews. But we might also expect our theory to provide determinate answers to questions of scope (i.e. which putative rights are bona fide human rights?) and practical implementation (i.e. what concrete duties are generated by which rights?). A minimalist view of human rights makes it is easier to jointly fulfil all of these desiderata. (shrink)

In the past decade, a growing number of authors, notably Thomas Pogge, have maintained that citizens in economically advanced societies are responsible for extreme and extensive poverty in the developing world. Iris Marion Young proposed the social connection model of responsibility, which asserts that these citizens participate in networks that give rise to global structural injustices. While Pogge’s argument for the existence of citizens’ responsibility has been the subject of widespread debate, few efforts have been made to scrutinise the (...) solidity of Young’s perspective. To plug this gap in the literature, this paper assesses the pertinence of Young’s view. A more traditional view than those of Pogge and Young considers poverty as indicating a lack of respect for the human rights of those living in less-developed countries. Rights theorists of global justice, however, have paid scant attention to philosophical observations concerning redistribution within the borders of a society. To remedy this shortcoming, this paper endeavours to develop the theory that citizens in affluent societies bear a duty correlative to the subsistence right of the global needy, by exploring sufficientarianism, which is one of the primary views on domestic redistribution. To begin with, I make a distinction between the responsibility-based theory and the right-based theory of global justice. This is followed by a close examination of Young’s social connection model as a significant version of the former position. I then offer a right-based argument that invokes the sufficientarian idea of the human right to live above the threshold of safe and healthy subsistence. (shrink)

The problem of global poverty has reached terrifying proportions. Since the end of the Cold War, ordinary deaths from starvation and preventable diseases amount to approximately 250 million people, most of them children. Thomas Pogge argues that wealthy states have a responsibility to help those in severe poverty. This responsibility arises from the foreseeable and avoidable harm the current global institutional order has perpetrated on poor states. Pogge demands that wealthy states eradicate global poverty not merely because (...) they have the resources, but because they share responsibility for its continuation. For Pogge, global poverty is more than a wrong imposed on the poor: it is a violation of human rights and a crime. In this paper, I critically examine Pogge's claim that global poverty is a crime. My aim is to demonstrate that Pogge's conclusions do not follow from his arguments. That is, if affluent states have a negative duty to assist those in severe poverty, their duty is not absolute because they are not fully responsible for this poverty. Moreover, if global poverty is one of the greatest crimes against humanity, then it seems inappropriate at best to champion proposals, pace Pogge, that lets the guilty parties walk free. (shrink)

This paper investigates the moral duties that human rights NGOs, such as Amnesty International, and development NGOs, such as Oxfam, have in relation to human rights – especially in relation to the human right to a decent standard of living. The mentioned NGOs are powerful new agents on the global scene, and according to many they might be duty-bearers in relation to human rights. However, until now their moral duties have hardly been investigated. (...) The present paper investigates NGO duties in relation to human rights by looking in particular to a moral theory recently proposed by Leif Wenar, a theory which has some similarities to utilitarianism. In applying this theory, a case for human-rights duties of NGOs is developed mainly by considering the indispensable role that civil society plays in protecting human rights. The paper concludes that, at least, NGOs bear duties with regard to human rights when, as in certain real-life cases, NGO involvement is the only way to achieve acceptable protection against standard threats to certain goods, such as a decent standard of living. (shrink)

The increasing availability of digital data reflecting economic and human development, and in particular the availability of data emitted as a by-product of people’s use of technological devices and services, has both political and practical implications for the way people are seen and treated by the state and by the private sector. Yet the data revolution is so far primarily a technical one: the power of data to sort, categorise and intervene has not yet been explicitly connected to a (...) social justice agenda by the agencies and authorities involved. Meanwhile, although data-driven discrimination is advancing at a similar pace to data processing technologies, awareness and mechanisms for combating it are not. This paper posits that just as an idea of justice is needed in order to establish the rule of law, an idea of data justice – fairness in the way people are made visible, represented and treated as a result of their production of digital data – is necessary to determine ethical paths through a datafying world. Bringing together the emerging scholarly perspectives on this topic, I propose three pillars as the basis of a notion of international data justice: visibility, engagement with technology and antidiscrimination. These pillars integrate positive with negative rights and freedoms, and by doing so challenge both the basis of current data protection regulations and the growing assumption that being visible through the data we emit is part of the contemporary social contract. (shrink)

The reflection of global justice demands an innovative revision of traditional patterns of argument of political theory. How can moral responsibility be defined in connection with intergovernmental action? Ethical, institutional, and logical implications of a human legal foundation of intergovernmental justice are discussed in three theoretical chapters in this book. Further chapters deal with the structure of intergovernmental responsibility in connection with ethics of peace, humanitarian intervention, the fight against poverty, as well as migration. Moreover, the (...) book analyzes governmental liability and collective political duties towards individuals, who are citizens of other states. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic (...) event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

Among Anglo-American philosophers, contemporary debates about global economic justice have often focused upon John Rawls’s Law of Peoples. While critics and advocates of this work disagree about its merits, there is wide agreement that, if today’s wealthiest societies acted in accordance with Rawls’s Duty of Assistance, there would be far less global poverty. I am skeptical of this claim. On my view, the Duty of Assistance is unlikely to require the kinds and amounts of assistance (...) that would be sufficient to eradicate much global poverty. This is because the DA cannot require societies to rapidly or radically change their ways life, and because the kinds and amounts of assistance that are most likely to eradicate global poverty would cause rapid and radical changes to the ways of life of the societies that undertook them. (shrink)

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...) who are unable to meet their basic needs on their own as ‘refugees’, and to extend to them the sorts of protections established under the United Nations Refugee Convention. Such an approach would expand the traditional refugee definition significantly. Unlike most academic commentators discussing this issue, I reject calls for an expanded refugee definition, and instead defend the core elements of the definition set out in the 1967 Protocol to the United Nations Refugee Convention. Using the tools of moral and political philosophy, I explain in this article how the group picked out by this definition has particular characteristics that make refugee protection distinctly appropriate for it. While many people in need of assistance can be helped ‘in place’, in their home countries, or by providing a form of temporary protected status to them, this is not so, I show, of convention refugees. The group picked out by the UN refugee definition is a normatively distinct group to whom we owe particular duties, duties we can only meet by granting them refuge in a safe country. Additionally, there are further practical reasons why a broader refugee definition may lead to problems. Finally, I argue that rejecting the call for a broader definition of refugees will better help us meet our duties to those in need than would an expanded definition. (shrink)

Pogge’s writings on international distributive justice, some of them now collected in ‘World Poverty and Human Rights’ (2002),1 exhibit a masterly interplay of moral argumentation and empirical data. In this contribution, I cannot do justice to both and will therefore focus on Pogge’s moral arguments, the origins of which are to be found in the legal philosophies of Kant and Rawls. Contrary to these philosophers, however, Pogge does argue in favor of an institutionalized global order. That (...) is, he argues, what justice demands. On this point, he sharply differs from his predecessors. Although Rawls criticizes Kant because of his adherence to a ‘comprehensive’, metaphysical viewpoint, he follows Kant in distinguishing between several layers of justice, especially between justice on the domestic, national level and justice on the international, global scale (adding local justice as a third layer). In comparison with both Kant’s and Rawls’s views, Pogge pleads for a revolutionary transformation of the ‘law of peoples’, in which the ‘statist’ approach is rejected altogether and a much more utopian stance is adopted. Here, I intend to bring the main arguments together: Kant’s and Rawls’s pleas for international justice on the one hand and Pogge’s arguments for global justice on the other. By doing so, I hope to contribute to answering the question whether Pogge’s views represent an unjustifiable ‘moral doctrine’, unfit for the highly complex international society of societies or an utopian view in need of being endorsed by many. This then sets my agenda: I will first briefly summarize Kant’s and Rawls’s arguments in favor of a layered structure of ‘international’ justice. Second, I will briefly summarize Pogge’s arguments in favor of ‘global’ justice. The contrast between those views will then enable me to raise the most difficult question: if the requirement of global justice is true in theory, why is it so difficult to apply it in practice? Do these difficulties point at the nature of morality itself.. (shrink)

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a (...) core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

This paper examines the contributions that the international human rights community can make to the definition and framing of a practically effective global ethic, especially in light of ongoing concerns about social and economic justice, environmental issues, and systematic abuses of vulnerable populations. The principal argument is that the human rights movement in all of its dimensions (moral, legal, political) provides the pivotal foundation for a practicable global ethic now and for the foreseeable future. Evidence (...) for the truth of this claim is discerned in the movement's contemporary efforts to intersect explicitly with other areas of international law and politics. Examples adduced include developments with respect to the rights of indigenous peoples, decision making about the environment, and transitional justice. (shrink)

Today's world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which Nancy Fraser identified as afflicting national societies. First, the economic and social disparities between states caused outcry in the 1950s when the first steps were taken towards decolonisation. These inequalities, to which a number of emerging states now contribute, are still glaring and still pose the problem of the gap between formal equality and true equality. (...) Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and difference. The less-favoured states, those that feel stigmatised, but also native peoples, ethnic groups, minorities and women now aspire to both legal recognition of their equal dignity and the protection of their identities and cultures. Some even seek reparation for injustices arising from the past violation of their identities and the confiscation of their property or land. In answer to these two forms of claim, the subjects of international society have come up with two types of remedy encapsulated in legal rules: the law of development and the law of recognition. These two sets of rights are neither wholly autonomous and individualised branches of law nor formalised sets of rules. They are imperfect and have their dark side. Yet they can be seen as the first milestones towards what might become a fairer international society; one that is both equitable (as an answer to socio-economic injustice) and decent (as an answer to cultural injustice). This book explores this evolution in international society, setting it in historical perspective and examining its presuppositions and implications. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Compassionate Justice: An Interdisciplinary Dialogue with Two Gospel Parables on Law, Crime, and Restorative Justice by Christopher D. MarshallGlen StassenCompassionate Justice: An Interdisciplinary Dialogue with Two Gospel Parables on Law, Crime, and Restorative Justice CHRISTOPHER D. MARSHALL Eugene, OR: Cascade Books, 2012. 386 pp. $33.60Christopher Marshall is known to Society of Christian Ethics members for his highly acclaimed book on restorative justice, Beyond (...) Retribution, and for his plenary address at the SCE annual meeting published in the JSCE 27, no. 2 (2007). The plenary address forms one chapter of the present Compassionate Justice. Well [End Page 221] informed on ethics, criminal justice, and human rights, Marshall is a New Testament scholar at Victoria University in New Zealand.Marshall points out that the two best-known of Jesus’s parables—the Compassionate Samaritan, and the Prodigal Son—have been the most influential of Jesus’s parables in Western culture and legal theory. The Compassionate Samaritan is Jesus’s response to a lawyer’s question that answers a central legal question of the time: Who is my neighbor, whom I am obligated by Leviticus 19:7 to love as myself? In the Prodigal Son, the three main characters in legal offense are clearly portrayed as the offender, the victim, and the law-abiding community; in turn, as Marshall points out, “the older brother’s reaction centers directly on the justice of his father’s actions” (192–93). Marshall argues that present legal theory can learn from careful dialogue with these two parables. These parables are not only historically influential but also so insightfully and beautifully crafted that dialogue with them can bring incisive insights. In addition, dialogue with them presses Anglo-Saxon liberalism where it is weak and needs to grow.The parable of the Compassionate Samaritan opens up questions about the need for Good Samaritan laws that defend persons who come to the aid of a person in danger of death (e.g., from an accident, fire, or drowning) against liability for inadvertently and unintentionally causing damage. Under present Anglo-Saxon law, such good Samaritans can be sued for damages. This is not the case, however, in most European countries. Similarly, most European and Latin American countries have bad Samaritan laws: Where “victims are in mortal danger and unable to save themselves,” there is a legal duty for “those who are consciously aware of the victim’s predicament, who are close enough to intervene, and who have the effective means of intervention available to them” to come to the aid of the victims. “The most glaring exception to this pattern,” Marshall argues, “occurs in Anglo-American legal systems” because of liberalism’s maximization of individual liberty even against coercion to come to the aid of persons who would die if no help arrives (155). Samaritan laws “give formal expression to the supreme value of human life, to the bonds of solidarity and empathy that comprise human identity and that bind people together in social community, and to ongoing need human beings have to be committed to one another’s rescue and restoration when severe harm befalls them” (174).Responding to the parable of the Prodigal Son, Marshall argues that both compassion and repentance are crucial for understanding the humanity and the sufferings of persons being defended or judged by law. This does not replace the standard tools of legal interpretation; it takes account of the more holistic context (288–90). In fact, “unreflective compassion can be dangerous and distorting” (296). Marshall discusses the complications insightfully and in a balanced [End Page 222] way. He concludes with an extensive discussion and refutation of perhaps the most important book-length criticism of restorative justice.Marshall’s interpretation of these two parables surpasses any other that I have read. His sensitive and thoughtful analysis of the experience of victimization goes beyond any other interpretation of the Compassionate Samaritan that I have seen. In this he resembles Daniel Philpott’s interpretation of victimization in Just and Unjust Peace (Oxford University Press, 2012). His description of the shameful rupture of relationship with father, family, and community by the prodigal son goes well beyond what I have seen previously. I think... (shrink)

This paper asks whether David Miller's minimalist theory of human rights is coherent with his claim that obligations of global justice involve obligations to provide people with a minimally decent life. I argue that there is a justice gap in Miller's theory: the structure of his distinction between basic and societal needs is such that people will be left below the level of minimal decency even when obligations of justice are met. Miller can either (...) bite this bullet or look for alternative sources of obligations of justice. I take up the second option by arguing that there can be obligations of global justice to build institutions that enable societies to generate income and wealth. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

According to Thomas Pogge’s theory of human rights, those of us in the developed world have a negative duty to the global poor. In other words, our responsibility to them is not merely to help them but to stop harming them by hoarding natural resources and imposing unfair institutional structures. I argue that Hegel would agree that we have a responsibility to the global poor and that he would also agree with some of Pogge’s institutional diagnosis. (...) Hegel thought that civil society, as a new institution in his time, generated new responsibilities; he would, I argue, have thought the same about a globalized civil society. I discuss recognition as a possible foundation for this obligation and emphasize Hegel’s preference for a representative structure based on economics rather than geography as part of a possible solution. (shrink)

Archon or the Future of Government Hamilton Fyfe Originally published in 1927 "This is a good essay on the nature of government, or politics." Economic Review "Writes with a wide experience and an intimate knowledge". Daily Herald. This volume surveys the methods of government in the past and considers the conditions of government in the world of the early twentieth century. It predicts a system under which the affairs of communities will be managed by people specially trained for the job. (...) 90pp Cain, or the Future of Crime George Godwin Originally published in 1928. "Compels the reader to think…" Saturday Review "…makes out a strong case against the stupidity and cruelty of our present dealings with crime." Evening Standard In this volume the criminal is considered as curable and incurable; and the duty of Society to cure, in the one case and its right to destroy in the other, is discussed. Arguing that psychology is the rational instrument in the treatment of delinquency the volume then envisages criminal courts divested of power of punishment. 102pp. Solon or the Price of Justice C P Harvey Originally published in 1931. This volume calls attention to the exorbitant expense of civil actions. A scholarly review of the historical causes of this is followed by examination of the various solutions that have been proposed. 100pp Lycurgus or the Future of Law E S P Haynes Originally published in 1925 "A thoughtful book – deserves careful reading…" Law Times "A humane and conscientious investigation." T P’s Weekly This volume provides an analysis of the Law in England of the 1920s?? and deals with legislation, the law courts, criminal law, family law, land-laws, costs, international law, and individual liberty. 80pp. Fortuna Or Chance and Design Norwood Young Originally published in 1929 "Ingenious. His study of the "laws of chance" are not meant for those who wish to acquire sudden fortunes." T P’s Weekly. A philosophical essay on the subject of chance which is illustrated with examples from evolution, religion, economics and gambling. (shrink)

ABSTRACT:Little theoretical attention has been paid to the question of what obligations corporations and other business enterprises have to the four billion people living at the base of the global economic pyramid. This article makes several theoretical contributions to this topic. First, it is argued that corporations are properly understood as agents of global justice. Second, the legitimacy of global governance institutions and the legitimacy of corporations and other business enterprises are distinguished. Third, it is argued (...) that a deliberative democracy model of corporate legitimacy defended by theorists of political CSR is unsatisfactory. Fourth, it is argued that a Rawlsian theoretical framework fails to provide a satisfactory account of the obligations of corporations regarding global justice. Finally, an ethical conception of CSR grounded in an appropriately modest set of duties tied to corporate relationships is then defended. This position is cosmopolitan in scope and grounded in overlapping arguments for human rights. (shrink)

Do we have moral duties to people in distant parts of the world? If so, how demanding are these duties? And how can they be reconciled with our obligations to fellow citizens? -/- Every year, millions of people die from poverty-related causes while countless others are forced to flee their homes to escape from war and oppression. At the same time, many of us live comfortably in safe and prosperous democracies. Yet our lives are bound up with those of the (...) poor and dispossessed in multiple ways: our clothes are manufactured in Asian sweatshops; the oil that fuels our cars is purchased from African and Middle Eastern dictators; and our consumer lifestyles generate environmental changes that threaten Bangladeshi peasants with drought and famine. These facts force us to re-evaluate our conduct and to ask whether we must do more for those who have less. -/- Helping students to grapple with big questions surrounding justice, human rights, and equality, this comprehensive yet accessible textbook features chapters on a variety of pressing issues such as Immigration, International Trade, War, and Climate Change. Suitable for undergraduate and graduate students alike, the book also serves as a philosophical primer for politicians, activists, and anyone else who cares about justice. (shrink)

Why Human Rights? addresses universal human rights as moral mandates – rights to justice that all m persons have by virtue of their humanity alone. These are not the legal rights of statutes and treaties, but moral rights of the kind Gandhi, King, and Mandela invoked to oppose unjust laws. All such rights presuppose three claims: (1) that some duties of justice apply universally, (2) that all human beings have equal moral status, and (3) that (...) states must protect or serve certain individual interests regardless of the societal impact of doing so. -/- Can these three premises be justified? Is the human equality claim, for example, rationally supportable, or is it no less faith-based than hierarchical doctrines like caste? This book explores the case for these foundational claims along with other philosophical controversies pertaining to human rights. Because these issues lie at the heart of moral and political philosophy, readers will also obtain a broad appreciation of these disciplines and their leading theorists, including Mill, Kant, Rawls, Sandel, Nozick, Rorty, and many others. Written in concise, jargon-free language, this book presents a high-relief map of the philosophical issues surrounding human rights. (shrink)

It is a given that every human society demands justice which reflect not only in its laws, institutions, but social systems as well, and, it is expected that the major social institutions should distribute fundamental rights and duties and, determine the division of advantages from social cooperation. This expresses the conviction that social justice is the highest of values in the society and imperative in the ordering of societal priorities. This paper appraised the concept of social (...) class='Hi'>justice as understood in Tiv traditional thought system. The paper employed qualitative research where data were derived from books, journal articles and the internet. The historical, expository and critical methods were adopted for this paper. The historical method presented the views of various philosophers on the concept of justice as well as the history of Tiv people. The expository method relayed the concept of justice in Tiv traditional thought system while the critical method focused on the appraisal of Tiv notion of social justice. The paper found out that, lack of social justice has bedeviled the Tiv nation. This is evidenced in jealousy, envy, land disputes, poverty, politics of bitterness, decline in value orientation, individualism, sectionalism etc. These indices have thwarted development in Tivland, retarded growth and bred suspicion and scorn. The paper therefore, concluded that if Tiv people revive their traditional value system of social justice encapsulated in Gbaaondo, swem, as well as ya na angbian, the much needed cohesion, integration, unity, growth and development that has eluded Tiv people and Tivland for so long would be realised. (shrink)

In this thesis we have examined the complex interaction between intellectual property rights, life sciences and global justice. Science and the innovations developed in its wake have an enormous effect on our daily lives, providing countless opportunities but also raising numerous problems of justice. The complexity of a problem however does not liberate society as a whole from moral responsibilities. Our intellectual property regimes clash at various points with human rights law and commonly held notions of (...) justice. (shrink)

continent. 2.1 (2012): 29–35. Translated by Vincent W.J. van Gerven Oei from Jeroen Mettes. "Politieke Poëzie: Enige aantekeningen, Poëtica bij N30 (versie 2006)." In Weerstandbeleid: Nieuwe kritiek . Amsterdam: De wereldbibliotheek, 2011. Published with permission of Uitgeverij Wereldbibliotheek, Amsterdam. L’égalité veut d’autres lois . —Eugène Pottier The modern poem does not have form but consistency (that is sensed), no content but a problem (that is developed). Consistency + problem = composition. The problem of modern poetry is capitalism. Capitalism—which has no (...) image: the unrepresentable Idea of “everything.” The problem is that a poem cannot be justified. There is no excuse for it. Political poetry— pure poetry—has to be problematic, though not in a mannerist way. Yes, its problem is first its own problem—poetry’s existence in the same world as the newspaper—but therefore also always everybody’s problem (the problem of any world at all). The cult of the sublime points at a suspect desire for transcendence, nostalgia for paradise lost (the womb?). Melancholia of the post-. But a problem neither sorrows nor mourns, it is alive, and the fact that it is alive is the problem—the problem for death (rigidity, the status quo). Our symbols and ideologies do not hide any god: symbolic = state; imaginary = human; real = money. Problem: the possibility of communal speech (poetry) in the absence of a “we.” Or: what is a “we” that is not a collective subject (or in any case is not a volonté générale )? What is a universal history that is not a History? This work was started in the shade of the anti-globalization protests at the end of November 1999. I considered N30 to be the closure of the nineties, of my adolescence, and of the a seemingly total extinction of social desire. From the beginning I was skeptical about the alterglobalization movement as the avant-garde of a new politics, but something was happening . Maybe this event did not show that, as the slogan would have it, “another world” is possible, but for me it indicated that such possibility was at least still possible. That naked possibility is carrying forward. And if the fundamental tone of this work sounds more desperate than utopian, this is not caused by the catastrophic sequence that since 1999 has plunged us ever deeper into the right-wing nightmare—a nightmare that this work also gives an account for—but because my hope as yet remains empty. Composition . Composition is no design, but the production of an autonomous block of affects (i.e. a POEM), rhythmically subtracted from the language of a community. A poem does something. Is something. New Sentence . Choosing the non sequitur as compositional unit has the advantage that an abstract composition is subjected to the stress of concrete, social references. Where there is a sentence, there is always a world. (This does not hold necessarily for words on their own.) And where sentences collide, something akin to a textual civil war takes place. It is not about “undermining” whatever, or de-scribing the raging global civil war, but about writing social (or even: ontological) antagonism -- including all its catastrophic and utopian possibilities. Minor resistance. Why would poetry be the no protest zone par excellence? It is nothing but protest, not simply qua “content,” but in its most fundamental essence: rhythm. Rhythm is resistance against language, time, and space, and the basis of (what we will continue to call) autonomy. Rhythm starts with the anti-rhythmic caesura as Hölderlin remarked about Sophocles, a disruption of the quotidian drone. The destruction of everything that is dead inside of us. The noise of the avant-garde has never been the representation of the noise of (post)modernity (from the television or shopping mall), but the sober noise of the systematic exchange of an unbearable worldview. The poet does not describe, but looks for a way out: There is a Grain of Sand in Lambeth that Satan cannot find Nor can his Watch Fiends find it, tis translucent & has many Angles But he who finds it will find Oothoons palace, for within Opening into Beulah every angle is a lovely heaven William Blake was not mad. And there has always been only one poetry: the poetry of paradise. The principle is that there is something in art (the essentially creative element) that is disgusted by that which, unlike art, does not aim for the supreme. Wonder is not supreme, tranquility is not supreme, beauty is not supreme. Even amusement is not supreme! The supreme is supremely open, “das Einfache,/ Das Schwer zu machen ist” 1 : paradise. That is abstract. Literally. For me it is not about a concrete imagination, an idyll or utopia. There is no doubt a need for that, but it is not so much the supposed lack of imagination or ideals (human rights are ideals), but a fundamental lack of desire (human rights are no desires) that we suffer from, and from which we do not need to remove Nietzsche’s label of “nihilism.” “We.” George Oppen: “ Of Being Numerous asks the question whether or not we can deal with humanity as something which actually exists.” What is less actual than humanity? Nowadays it appears as a lifeless ideology of cynical power politics. Or as what makes one think. It is a shame to be human. The event is the caesura that defines rhythm. Writing toward the event is not the description of the event, but marking an abstract and intense space in which the event may unfold and keep itself. It is a task. “Remember that thou blesseth the day on which I seized thee, because such is thy obligation.” The event is a contraction (or a series of contractions) with its own rhythm and unique qualities. It is more than an explosion or demonstration. But at the same time less. The endless repetition of images and stories in the media points to a fear for the indeterminate and indeterminable void of the event. In the end there is nothing to see. We do not live in disaster’s shade or miracle’s light, but rather in the rhythm, which is contracted time, having little to do with omnipresent representations. For this book I did not intend a rhythm of evental representations (a narrative rhythm), but a rhythm which would be an event itself , because it draws the border between artwork and history. My desire for a direct engagement with the “extra-textual reality” has nothing to do with the representation of “rumor in the streets.” (What has less street cred than representation?) Naturally, a poem is no historical event and does not change anything. But a poem is a part of history that wants to be repeated forever, constructed in such a way that it is worthy of repetition. It is a part of desire (composition) made consistent (durable). The “historical event” flares up and burns down, and has to burn down to be effective. The leftovers are images and stories (representations), History—no event. The artwork—that is the ambition— remains event (though monumental and inefficient/inoperable). (No wonder that a historical singularity, a revolution, reminds us of a work of art; the resurrection yearns for a judgment, an affirmation; everything depends on it.) Hence the title does not summarize the book, let alone contract its “content” into a quasi-transcendental signifier. The title is juxtaposed to the book, like everything else inside the book, and in that relation it precisely forms a part of it. The ideal work is an open whole, lacking nothing but to which everything may be added. I have been interested in this “everything,” the world, or as I said above: capitalism. “Everything” is not the space for “wonder”—a code word, a shibboleth for petty bourgeois imagination (I recognize myself in the strangest things, a speaking dog, a canal, a pond standing straight—oh my god). No. The world is a social world, not YOUR world, poet. Power is number one. I will call “Dutch,” or “shitty,” whatever denies this power. That hurts, but this pain is an expression of the desire in the world to write another world, or as Blanchot says, “the other of all worlds” 2 : the world. Not as what “is there,” but rather as that which urges for an escape from what “is.” This is a testament of how radical reality has become, for me—or rather, a writing body—in a having-been-written. I am not interested in the problem of “meaning” as misunderstood by literary scholarsi: “order” in “chaos,” “symbolization.” Bullshit. What is there, hop, hope, now: the meaning of the taste in my mouth. Bullshit. I am not interested in the frustration of interpretation; I am writing for readers who do not want to interpret. I do not know how many “professional readers” will hear the music of a paragraph like: Sun. Sushi. Volvo. I hope more than I would think. There is a suggestion (or rather, an actual production) of speed and infinitive owing to the absence of plosives, i.e. articulations such as /k/, /t/, or /p/. Can you hear the slick suaveness? Driving car dark, vocal chiaroscuro of the word “sushi.” The unstressed /i/ stands in the middle of dark vowels and thus acquires its own special out of focus , like a momentary flash or brilliance—an obscure light. It is not about recognizing a story, but about avoiding any story whatsoever: the car disappears in the glow, cars and raw fish have nothing in common except their articulation in a language that brings them together, blurring them. A world appears in its disappearance. For a moment, light is a metaphor for language, though it cannot be reduced to tenor. It is not necessary to be a linguist or philosopher to hear this—a “difficult” poem all too often becomes an allegory of its own impenetrable being-language. The only demand: leave your hermeneutical fetish at home. This was no interpretation. Most shit has been stolen etcetera. That is no longer interesting. You cannot shoot the body with information and let your lawyers reclaim the bullets. So every sentence has been stolen. Also the ones “out” “of” “my” “head.” Why would I be allowed to steal from myself and not from others? Man takes what he needs to move forward. Whatever he encounters, finds in front of him, “occurs” to him. The writer as text editor, or singing pirate. Nothing new here. Important difference with for example Sybren Polet’s 4 montage technique: anti-thematicism. Most of the time ferocious citation from whatever I was reading, listening to, ended up in, and so on. I wrote chapter 12 on my laptop while watching CNN. On the air instead of en plein air . I often employed search engines to generate material. Chapter 20 offers the purest example of this. Often I stop recognizing a particular citation after some time. It is not uncommon for a stolen sentence to conform itself to the paragraph in which it finds itself. Sometimes I nearly arbitrarily replace words. Arbitrariness as a guarantee for absolute democracy. It is a poetics of the non sequitur : a conclusion that does not follow from the premises, the strange element in the discourse. A discourse of strangers. No logical, narrative, thematic unity. There is unity in speed/flight. It has to be read linearly, but not necessarily (not preferably) from beginning to end. The shortest distance between two points is a straight line, but this line precedes every point. The middle, the acceleration, comes first. A point occurs where two lines cross. It has been written from up close, at the level of the tension between sentences. Nothing to be seen from a distance: no form except the exchange of form, no geometrical or mythical meaning. You have to get in, “groping toward a continuous present, a using everything a beginning again and again” (Stein). 5 In Dutch, experimental poetry has been mainly dense: a small rectangular form filled with a maximum amount of poetic possibility. But at the moment the poem starts to relax, the anecdotical content seems to increase. This is what is called “epic”: long, narrative. I believe that an epic is more than that, in fact something completely different. An epic is “a poem including history,” 6 a long poem tied up with the life of community, that as a whole does not need to be narrative. The American poets of the twentieth century (Pound, Williams, Zukofsky, Oppen, Olson, Silliman) have put the epic back on the map by interpreting the poem itself as a map, and writing it as navigation. They have invented the experimental epic, a genre that has generated little original following in “our” poetry. N30 is the middle part—“always start in the middle”—of a trilogy, the contours of which remain as of yet unclear, although each episode investigates one of the three “ecstasies of time”—past, present, future—concerning society X. N30 concerns itself with the PRESENT: not with the description of actual facts but of the rhythm and the intense depth in which facts appear to us. Where are we? We are camping in the desert. Sometimes we are looking at the stars. As opposed to maximum density and minimal tension (a characteristic of most (post-)experimental lyricism), I have sought a minimal density and maximum tension in this book, considered as a long non-narrative prose poem. On the one hand, the minimal density is obtained by the inherent formlessness of prose, on the other hand by the conscious refusal of any active (formal, non-rhythmic) synthesis: the poem tells nothing, shows nothing, has no theme. I did not seek maximum tension either by loading the quotidian with epiphanic radioactivity (“wonder,” confirmation from above), or by means of the intensity of the linguistic structure. I want an abstract tension, but social in its abstraction, in other words, not neutralized by and subjected to Form. Instead of form (transcendent): composition (immanent). The concept is series. Ideal: every unit is necessary for the efficacy of the others and the whole, their relation is purely linear, i.e. non-hierarchic, non-syllogistic, non-discursive, non-narrative. Sentence related to sentence like paragraph to paragraph and chapter to chapter; the whole means nothing and represents nothing. Inside the sentence: syntax (Chomsky’s tree, a type of parallel circuit), outside: parataxis (coordination, an asyntactic line through language and world). I consider duration—the energy of duration (rhythm)—to be the fundament of a poem, the temporal inclination to delimit a “space.” Being as consistency, its consistency. A spatial part of time is not merely a metaphor for an inevitable trajectory, an inescapable time, something like “our time.” Not merely—because rhythm comes from language and is not projected onto it; the poem derives from the world like a scent and a color and a life from a flower. A series, a sequence: nothing potential, but truly infinite—the movement of an infinitude. The infinite series = everything minus totality. That means that there is no container—no Form, no Self, no Image, no Structure, not even a Fragment—just “the prose of the world.” No representation, but also no staging of the impossibility of representation (the postmodern sublime). These are no fragments, no image of a fragmented world or personality, no cautious incantations around the Void. It does not exist. It is a movement. Buying bread, a flock of birds, a bomb falling—they do not depict or represent anything, not literally, not metaphorically. There is an Idea, which is however nothing more than a rhythm, in the same way that capitalism is nothing more than a pure function. Parataxis: the white space between two sentences stresses, which is nevertheless always there, also between words, even between letters: the out of focus of idle talk, the gutter, the irreducible Mallarméan mist which renders even the seemingly most transparent text legible. The white space suggests a neutral medium for free signification, a substance of language. A non sequitur is an element from a foreign discourse, which stresses the white space as space, and problematizes freedom for supra-sentential signification. I start by withdrawing material, leaving the initiative to the sentences. In general a word presupposes less often a discourse than a sentence. What discourse is presupposed by “dog”? We could think of several, but why would we? It is more probable that, when faced with the naked word, we think of its naked (dictionary) meaning, of its denotative signified. By means of two simple interventions we may also write the word as sentence: Dog. In no way this suggests the discourse from which this sentence originates, but in any case we’re presupposing one. This is shown by questions like: “Whose dog? Who’s a dog? What kind of dog?” Etc. (Sentences are question marks.) A sentence implies/is a microcosm—a subject, a verb, an object, and so on. Even an incomplete or ungrammatical sentence does so. My main fascination while writing this book is the worldly and social aspect of language, an aspect that often becomes invisible, or rather, transparent in narrativity—the stretching of sentences into stories. Narrativity organizes a new discourse and a new world, and places a sometimes all too dispersing relation of transparence in between. The conventional novel is the brothel of being. I do not intend to prohibit brothels, and I have certainly not intended to write an anti-novel (THIS IS A POEM), but I do consider narrativity (in general, in poetry, in the news, in daily life) to be ontologically secondary with regard to an immediate being in the world through sentences, also if the latter have been withdrawn from a narrative or otherwise externally structured discourse (which in that case would therefore be chronologically primary ). Naturally, two or more sentences are always in danger of telling stories or arguing, just like the world is always in danger of becoming an objective representation, facing us, strangers. That is why need to wage war—against representation and against the interface, against interaction. AGAINST THE “READER.” To the extent that a sentence is worldly, writing is a condensed global war, and in so far as there is ultimately only one world and one open continuum of languages, it is a global civil war. Nice subject for an epic. The elaboration of a singular problem—prose as the outside of poetry, the form of the novel as purely prosodic composition scheme—“expresses” the universal problem: capitalism as Idea of the world vs. poetry as language of an (im)possible community. The paragraphs are blocks of rhythmically contracted social material. By choosing the sentence as the basic compositional component, an abstract whole may contain social sounds, without telling a story or showing an image. Composition is subrepresentative —a rhythmic, passive synthesis, or rather: a synthesis of syntheses. I never write large blocks of prose in one sitting, because there is no obvious organizational vector —plot, theme, conscience—outside the inherent qualities of the material itself. Usually I write down one sentence, sometimes two, but rarely more than three. Those sentences are usually placed in the text which I am editing at the time. In fact, there is no original composition, new chapters split off from chapters which became too long during the editing process. (Revision mainly consists of adding and inserting, displacing and dividing; only during the last phase, when the text has gained enough consistency, there may be subtraction to tighten the composition; each chapter requires a season of daily revision). This constant revision, accompanied by a continuous influx of collective background noise (to speak with Van Bastelaere), 7 makes every chapter a block condensed (“historical” and “personal”) time. The block itself is a-personal and a-historic; it is ontologically autonomous. If there is such a thing as a spirit of the times, I do not try to offer an image of it, but rather to cancel something of it by erecting a monument of its own excrement within its own boundaries. Tuning and dis-tuning , “in de taal der neerslachtigen een eigen geluid doen klinken,” 8 in other words, desiring in an Elysian way. In this sense I have intended to be able to write a political poetry. The ultimate political poem is the epic, “the tale of the tribe.” I consider N30 to be a prolegomenon to a future epic (of which it in the end will form a part a structural moment, as introduction-in-the-middle), an extended pile on top of an epic as narrative, a question of the tribe and question of its history. I was burdened by too much satire, too much bullshit. But: satire willy-nilly = the only justifiable satire. Against the abstract universalism of the market (“globalism”): concrete disgust, a positive way of saying “No.” Moreover, disgust is a specifically total attitude, which ultimately concerns the world as a whole. I hate this or that, but I am disgusted by EVERYTHING (when I am disgusted), and so it appears that satire is in fact related to the epic, in so far as it concerns society, the cosmos, history. Maybe it is no coincidence that the Dutch literary canon knows no great poet of disgust; what could be more fearful to us than society, the cosmos, and history? The T-tendency (T from Tollens 9 ) clearly points into the direction of the small, friendly, ironic, melancholic, acquiescent, wondrous, and so on. The anti-political, anti-cosmic, anti-historical. (Why am I so philosophical? To scare away the Dutchies.) And most of all: the “poetical” (the pseudo-mysticism from the backyard). Yes, the N in N30 also stands for the Netherlands (just like 30 indicates the number of chapters). I was not in Seattle, I do not live in Iraq. But is not the whole world bleeding to death on Dutch paving stones? Let’s hope that we mowed away something with this total satire, also “in myself.” The arrogant stupidity that definitely thinks to know the essence of freedom (the free development of esthetic needs inside the void), that cannot take anything serious, only believes in the disciplined bestiality of the individual (“norms and values”) and the mere functioning of a social factory which finds no justification whatsoever outside its functioning (“get to work”)… Who knows. A certain aimed destruction leaves grooves and craters, mapping out a next adventure. Pound’s periplum : sailing while mapping the coasts. Immanent orientation. The terrain changes with the map, history changes with the poem. Maps never merely organize the chaos, transcendent schemes imposed on a formless Ding-an-sich . They organize from within, surfing. But they are most of all routes back into the chaos or forward to paradise (final identity of chaos and paradise; Schlegel: “ Nur diejenige Verworrenheit ist ein Chaos aus der eine Welt entspringen kann ”10). A poem is not only a piece of history, it is also a flight from history. Maps give chaos to the form of reality , open escape routes, break through representations, make us shivery and dazed. Paradise is immanent to a fleeting desire. History is the history of labor—this is Adam’s curse—and the poet works too: For to articulate sweet sounds together Is to work harder than all these, and yet Be thought an idler by the noisy set Of bankers, school masters, and clergymen The martyrs call the world 11 But: the poet works in paradise. The paradox of the artwork, the work that is no work, the piece of history that cannot be reduced to History—this is explained by The Space of Literature , a virtual space, an autonomous rhythm, not outside, but in the midst of the noise, a piece of paradise in hell, a postcard from the vale of tears addressed to paradise, to X. Political poetry means: a poetry that dares to think about itself, about its language and about its world and about the problematic relation between both, which is this relation as problem. A poetry that thinks at all, articulates its problem. It has nothing to do with journalism or morality or debate, let alone the law or the state. It has nothing to do with “criticism” if this means the replacement of incorrect representations by other, more correct representations. It has something to do with ethics in the sense of learning to live. It has something to do with the community and the language of the community (whichever that may be) and the role of the poet regarding the community. It concerns justice without judgement or measure. In the end the just word is just a word , to paraphrase Godard: it is from a future that is unimaginable. It Is no rational engagement, but an aversion against everything that obstructs life, and love for everything what is worthy of having been loved. The world is engaged with me, not the other way round. First Exodus, then Sinai. A desire does not start with an agenda. To answer the question whether I am really so naive as to want to change the world: “We only want the world.” Justice is the world appealing to us to liberate it from all possible chains, from each organization and inequality, to be it, smooth, equal, under a clear sky—a desert and a people in a desert. That moment between Egypt and the Law. It is not a revolution, but the sky above the revolution. Poetry = the science of escape. There is no art that we already know. The weakness of modernistic epic poetry seems to me to be the unwillingness to completely abandon narrative as a structural principle, in favor of a composition “around” or from an event. The China Cantos and Adams Cantos are the low point, and the Pisan Cantos the high point of Pound’s poetry. Two types of research: archival representation of the past vs. ontology of the present (which virtually presupposes the entire history). Presupposing an event means that it is impossible for the poet to stage his own absence, but in no way makes the work personal. An event is the unknown, the new invading into the business as usual, so also the personal. The question heading this research is not: “Who am I?” but “What is happening?” The book is as little illegible as Mondrian’s work is invisible. Form is of interest only to the extent that it empowers liberation. Ron Silliman So no formalism, but what it means to live in this world and to have a future in it. I want something that holds together that’s not smooth. Bruce Andrews The past above, the future below and the present pouring down: the roar, the roar of the present, a speech— William Carlos Williams If my confreres wanted to write a work with all history in its maw, I wished, from the beginning to start all over again, attempting to know nothing but a will to create, and matter at hand. Ronald Johnson NOTES 1) “The easy thing/ that is difficult to make.” Bertold Brecht, Lob des Kommunismus . (All footnotes are the translator’s) 2) Maurice Blanchot, The Space of Literature , trans. Ann Smock. Lincoln/London: University of Nebraska Press (1989), 75. 3) Mettes uses the word “Neerlandicus,” which refers to scholars of Dutch language and literature. 4) Dutch poet. 5) Gertrude Stein. “Composition as Explanation.” A Stein Reader . Ed. Ulla E. Dydo. Evanston, IL: Northwestern University Press (1993), 495-503. 6) Ezra Pound. 7) Flemish poet. 8) “Resounding an original sound in the language of the despondent.” A. Roland Holst, De afspraak . 9) Dutch poet. 10) “Only such a confusion is a chaos which can give rise to a world.” 11) W.B. Yeats, “Adam’s Curse.&rdquo. (shrink)