Abstract: In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens’ rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations.
One Child: Do We Have a Right to More?
Summary: A compelling argument for the morality of limitations on procreation in lessening the harmful environmental effects of unchecked population. We live in a world where a burgeoning global population has started to have a major and destructive environmental impact. The results, including climate change and the struggle for limited resources, appear to be inevitable aspects of a difficult future. Mandatory population control might be a possible last resort to combat this problem, but is also a potentially immoral and undesirable violation of human rights. Since so many view procreation as an essential component of the right to personal happiness and autonomy, the dominant view remains that the government does not have the right to impose these restrictions on its own citizens, for the sake of future people who have yet to exist. Sarah Conly is first to make the contentious argument that not only is it wrong to have more than one child in the face of such concerns, we do not even retain the right to do so. In One Child, Conly argues that autonomy and personal rights are not unlimited, especially if one’s body may cause harm to anyone, and that the government has a moral obligation to protect both current and future citizens. Conly gives readers a thought-provoking and accessible exposure to the problem of population growth and develops a credible view of what our moral obligations really are, to generations present and future.
The Counterfactual Conception of Compensation
Abstract: My aim in this essay is to remove some of the rubbish that lies in the way of an appropriate understanding of rectificatory compensation, by arguing for the rejection of the counterfactual conception of compensation. Although there is a significant extent to which contemporary theorists have relied upon this idea, the counterfactual conception of compensation is merely a popular assumption, having no positive argument in support of it. Moreover, it can make rendering compensation impossible, and absurd notions of compensation can result from its use, results that may themselves constitute injustices. This latter difficulty is most troubling when the CCC is employed in large compensatory cases like the case of rectificatory compensation for the descendants of American slaves. I want to suggest that, taken together, the difficulties with the CCC yield sufficient reason for rejecting it as an acceptable rectificatory notion.
Autonomy and the Partial-Birth Abortion Act
Summary: In this paper, Oshana argues that the U.S. Supreme Court’s decision to affirm the Partial-Birth Abortion Act was mistaken. She claims that the Partial-Birth Abortion Act cannot withstand the test of strict scrutiny, that the Act fails to respect the privacy rights of individuals, and that there are compelling reasons (based in autonomy) to allow partial-birth abortion up until the point of fetal viability. As such, she claims, the Act violates the integrity of law.
Enforced Pregnancy, Rape, and the Image of Woman
Summary: In this essay, Cudd argues that enforced pregnancy constitutes a group harm against women, harming even women who are not forced to carry a fetus to term against their will. In this essay, she develops a theoy of group harm, arguing that forced pregnancy constitutes a similar sort of group harm as rape. Ultimately, she claims that both rape and enforced pregnancy constitute a group harm via degredation of a class (women) and an individual harm via the individual negative effects caused by enforced pregnancy.
Global Justice: A Cosmopolitan Account
Publisher: Gillian Brock develops a viable cosmopolitan model of global justice that takes seriously the equal moral worth of persons, yet leaves scope for defensible forms of nationalism and for other legitimate identifications and affiliations people have. Brock addresses two prominent kinds of skeptic about global justice: those who doubt its feasibility and those who believe that cosmopolitanism interferes illegitimately with the defensible scope of nationalism by undermining goods of national importance, such as authentic democracy or national self-determination. The model addresses concerns about implementation in the world, showing how we can move from theory to public policy that makes progress toward global justice. It also makes clear how legitimate forms of nationalism are compatible with commitments to global justice. Global Justice is divided into three central parts. In the first, Brock defends a cosmopolitan model of global justice. In the second, which is largely concerned with public policy issues, she argues that there is much we can and should do toward achieving global justice. She addresses several pressing problems, discussing both theoretical and public policy issues involved with each. These include tackling global poverty, taxation reform, protection of basic liberties, humanitarian intervention, immigration, and problems associated with global economic arrangements. In the third part, she shows how the discussion of public policy issues can usefully inform our theorizing; in particular, it assists our thinking about the place of nationalism and equality in an account of global justice.
Aesthetics and the Value of Nature
Abstract: Like many environmental philosophers, I find the idea that the beauty of wildernesses makes them valuable in their own right and gives us a moral duty to preserve and protect them to be attractive. However, this appeal to aesthetic value encounters a number of serious problems. I argue that these problems can best be met and overcome by recognizing that the appreciation of natural environments and the appreciation of great works of arts are activities more similar than many people have supposed.
Individualism, Holism, and Environmental Ethics
Abstract: Neoclassical economists have been telling us for years that if we behave in egoistic, individualistic ways, the invisible hand of the market will guide us to efficient and sustainable futures. Many contemporary Greens also have been assuring us that if we behave in holistic ways, the invisible hand of ecology will guide us to health and sustainable futures. This essay argues that neither individualism nor holism will provide environmental sustainability. There is no invisible hand, either in economics or in ecology. Humans have no guaranteed tenure in the biosphere. Likewise there is no philosophical quick fix for environmental problems, either through the ethical individualism of Feinberg, Frankena, and Regan, or through the ecological holism of Callicott and Leopold. The correct path is more complex and tortuous than either of these ways. The essay argues that the best way to reach a sustainable environmental future probably is through a middle path best described as “hierarchical holism.”.
Neosentimentalism and Environmental Ethics
Abstract: Neosentimentalism provides environmental ethics with a theory of value that might be particularly useful for solving many of the problems that have plagued the field since its early days. In particular, a neosentimentalist understanding of value offers us hope for making sense of (1) what intrinsic value might be and how we could know whether parts of the natural world have it; (2) the extent to which value is an essentially anthropocentric concept; and (3) how our understanding of value could be compatible with both a respectable naturalism and a robust normativity.
The Appeal and Danger of a New Refugee Convention
Abstract: It is widely held that the current refugee Convention is inadequate with respect to its specification of who counts as a refugee and in its assignment of responsibility concerning refugees to states. At the same time, there is substantial agreement among scholars that the negotiation of a new Convention would lead states to extricate themselves from previously assumed responsibilities rather than sign on to a set of more desirable legal norms. In this paper, I argue that states should ultimately negotiate a new Convention, but that first they must alleviate the institutional and motivational constraints that make progress currently unattainable.