In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches...
This paper examines the relationship between strategies of cosmopolitan education intended to motivate citizens of affluent countries to care about distant others facing injustice, and injustices within the borders of these affluent countries. I argue that promoting justice within affluent countries and motivating citizens to act to address global injustices, are potentially...
In this paper, I will argue that automated vehicles should not swerve to avoid a person or vehicle in its path, unless they can do so without imposing risks onto others. I will argue that this is the conclusion that we should reach even if we start by assuming that we should divert the trolley in the standard trolley case (in which the trolley will hit and kill five people on the...
States of emergency are declared frequently in all parts of the world. Their declaration routinely implies a suspension of basic constitutional rights. In the last half century, it has become the norm for constitutions to contain an explicit ‘emergency constitution’, i.e., the constitutionally safeguarded rules of operation for a state of emergency. In this paper, I ask whether...
Much has been written about climate change from an ethical view in general, but less has been written about it from a libertarian point of view in particular. In this paper, I apply the libertarian moral theory to the problem of climate change. I focus on libertarianism’s implications for our individual emissions. I argue that (i) even if our individual emissions cause no harm to...
This essay argues that the illiberal anti-immigrant sentiments which lie behind the success of populist right-wing parties deserve the attention of political theorists working on the ethics of migration, even though such sentiments exceed the boundaries of admissible disagreement on justice in migration. Firstly, populist anti-immigrant sentiments hinder the implementation of...
Recently, Jakob Thraine Mainz and Rasmus Uhrenfeldt defended a control-based conception of a moral right to privacy (Mainz and Uhrenfeldt, Res Publica, 2020)—focusing on conceptualizing necessary and jointly sufficient conditions for a privacy right violation. This reply comments on a number of mistakes they make, which have long reverberated through the debate on the conceptions...
The article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in...
A structural harm results from countless apparently innocuous interactions between a great many individuals in a social system, and not from any agent’s intentionally producing the harm. Iris Young has influentially articulated a model of individual moral responsibility for such harms, and several other philosophers have taken it as their starting point for dealing with the...
The principle of fairness is a moral principle which states that individuals are under an obligation to contribute towards beneficial cooperative projects. It has been appealed to in arguing that citizens are obligated to pay for public goods that their government supplies. Yet the principle has faced a number of powerful objections, most notably those of Robert Nozick. In...
A common objection to a proposal or theory in political philosophy is that it is not feasible to realise what it calls for. This is commonly taken to be sufficient to reject a proposal or theory: feasibility, on this common view, operates as a straightforward constraint on moral and political theory, whatever is not feasible is simply ruled out. This paper seeks to understand...
This article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the...
The paper develops an account of the value of tradition that completes that of Samuel Scheffler and employs it to discuss whaling and bullfighting. The discussion, however, is applicable to many other practices the paper describes, and its relevance extends also beyond animal ethics. Some of the arguments discussed here for maintaining these traditions appeal to their positive...
On 24 December 2017, the UN Security Council imposed its toughest sanctions yet on North Korea. The measures, intended to thwart nuclear ambitions, are some of the most extensive sanctions imposed in recent times. They place severe restrictions on the export of crude oil and refined petroleum to that state, ban the export of arms, dual use equipment, rocket fuel, natural gas...
Universal basic income (UBI) is increasingly proposed as a simple answer to the problem of domination at work—one policy whose knock-on effects will transform the balance of power between workers and employers. I argue against such ‘UBI-first’ approaches. Compared to UBI proposals for other purposes, a UBI sufficient or near-sufficient for minimising domination at work would be...
This paper critiques the All-Subjected Principle. The All-Subjected Principle is one of the most prominent answers to the Boundary Problem, which consists in determining who should be entitled to participate in which democratic decision. The All-Subjected Principle comes in many versions, but the general idea is that all people who are subjected in a relevant sense with regard to...
This article looks at Bernard Williams’s relevance to particular debates in constitutional theory about the legitimacy of two competing models of institutional design: political constitutionalism which endorses giving the final say on the meaning of constitutional rights to legislatures; and legal constitutionalism which endorses giving the final say on the meaning of rights to...
In response to the feminist concern that various religions undermine the ability of young women to realize themselves as free and equal citizens, Rawls has suggested that mandatory civic education could balance out non-egalitarian faiths. However, mandated civic education, if substantive enough to meet the demands of feminists, would likely disrupt the ability of religious...
This essay asks what it is about the practice of trade that grounds duties of justice between states as trade partners. The answer advanced is that such duties are grounded in the dependence that trade generates. The essay puts forward four conditions that a plausible account of grounding in trade must meet: it must admit of degrees, explain the distinctly international character...
Ben Bryan argues that the strongest challenge to natural rights theory is to explain how it overcomes the Problem of Authority. Given that our natural rights are multiply realisable by a range of equally reasonable social conventions, how or why ought one particular realisation have authority? I argue that Thomistic and Kantian solutions to this problem do not count as solutions...