The Oxford Handbook of Global Justice (Oxford Handbooks)

Global justice is an exciting area of refreshing, innovative new ideas for a changing world facing significant challenges. Not only does work in this area often force us to rethink about ethics and political philosophy more generally, but its insights contain seeds of hope for addressing some of the greatest global problems facing humanity today. The Oxford Handbook of Global Justice has been selective in bringing together some of the most pressing topics and issues in global justice as understood by the leading voices from both established and rising stars across twenty-five new chapters. This Handbook explores severe poverty, climate change, egalitarianism, global citizenship, human rights, immigration, territorial rights, and much more. Cover The Oxford Handbook of GLOBAL JUSTICE Copyright Contents Acknowledgments List of Figures and Table List of Contributors Introduction 1 What is Global Justice? 2 Global Egalitarianism—and its Critics 3 Human Rights 4 Severe Poverty 5 Climate Change Justice 6 Just Global Institutions 7 Borders and Territorial Rights 8 Global Injustice 9 Further Topics 10 Conclusion Notes Bibliography Further Reading Part I: GLOBAL EGALITARIANISM AND ITS CRITICS Chapter 1: Global Justice and the Role of the State: A Critical Survey 1 Introduction 2 The State and How It Can Matter 2.1 The Institutional Account 2.2 The Agential Account 3 The State and the (Global) Justice Debate 3.1 Justice: Domestic and Global 3.2 Global Justice and the State 4 Justification, Global Justice, and the State 4.1 The State and the Grounds of Justice 4.2 The State as a Bearer of Duties of Justice 4.3 The State as a Recipient of Justice/Right-Holder 5 The State: A Means, or an Impediment, to the Realization of Global Justice? 6 Conclusion Notes References Further reading Chapter 2: Equality of Opportunity and Global Justice 1 Introduction 2 Two Obstacles Facing Accounts of Global Equality of Opportunity 2.1 Which Favored Social Position? 2.2 The Ethos Problem 3 Two Prominent Attempts to Defend Global Equality of Opportunity 4 Equalizing for Opportunity Sets 5 One Possible Transcultural Metric 6 Reflections on Global Equality of Opportunity: What Do We Really Want? Notes References Further Reading Chapter 3: Global Justice and Global Citizenship 1 Introduction 2 Citizenship 3 Global Citizenship 3.1 Ethical and Institutional Accounts 3.2 A Rights-Protective Institutional Account of Global Citizenship 4 Critiques of Global Citizenship 5 Enacting Practices of Global Citizenship Notes References Further Reading Chapter 4: On the Core of Distributive Egalitarianism: Towards a Two-Level Account 1 Introduction 2 Purely Institutional? 3 Non-Institutional Foundations 4 Purely Non-Institutional? 5 Conclusions: The Problem of Global Justice Notes References Further Reading Part II: HUMAN RIGHTS Chapter 5: The Holders of Human Rights: The Bright Side of Human Rights? 1 Introduction 2 Holding Rights 3 Holding Rights Equally 3.1 From Equal Moral Status . . . 3.2 Through Political Equality . . . 3.3 To Human Rights . . . 4 Holding Rights Equally, albeit Exclusively 4.1 Species-Related Boundaries and the Speciesism Critique 4.2 Capacity-Related Boundaries and the Rationalism Critique 4.3 Individuality-Related Boundaries and the Individualism Critique 5 Holding Rights Equally, albeit Specially 5.1 Non-Discrimination Rights and the Equality of Human Rights 5.2 Development Rights and the Equality of Human Rights 6 Conclusion Acknowledgments Notes References Further reading Chapter 6: Motivating Solidarity with Distant Others: Empathic Politics, Responsibility, and the Problem of Global Justice 1 Introduction 2 Empathetic Concern, Rational Recognition, and Social Critique 3 Empathic Politics, Solidarity, and Responsibility for Global Justice References Further reading Chapter 7: Just Global Health: Integrating Human Rights and Common Goods 1 Introducing Human Rights 2 Individuation and Inclusivity 3 Content Specification 4 Justice as the Common Good 5 Conclusion Notes References Further Reading Chapter 8: Transforming Global Justice Theorizing: Indigenous Philosophies 1 Introduction 2 Indigenous Philosophies and Global Justice 3 Mainstream Justice Theorizing: The Capability Approach 4 Kaupapa Māori Justice Theorizing 5 Conclusion Acknowledgments References Part III: SEVERE POVERTY Chapter 9: The Link between Subsistence and Human Rights 1 Introduction 2 Human Rights Disambiguation 3 The Claimability Objection 4 The Linkage Argument 4.1 Shue’s Linkage Argument 4.2 Ashford’s Variation of the Linkage Argument 5 The Limits of Linkage Arguments 6 Subsistence as a Legal Human Right 7 Conclusion Notes References Further Reading Chapter 10: Capabilities, Freedom, and Severe Poverty 1 Introduction 2 Nussbaum’s Capabilities Approach 3 Time to Revise the Capabilities List? 4 Capabilities and Severe Poverty 5 A Freedom to Choose Deprivation? 6 Concluding Remarks Notes References Further Reading Chapter 11: Aiding the Poor in Present and Future Generations: Some Reflections on a Simple Model 1 Introduction 2 Principles for Aiding the Poor in Present Generations 3 Choosing Policies for Aiding the Poor in Future Generations 3.1 The Number in Existence in Future Generations 3.2 The Number Helped in Future Generations 3.3 Summing Up: How to Think about Numbers in Future Generations 4 A Two Generation Model for Testing Principles 5 Conclusion Appendix Acknowledgments Notes References Part IV: CLIMATE CHANGE JUSTICE Chapter 12: Climate Change Ethics and the Problem of End-State Solutions 1 Introduction 2 The Climate is Changing with Harmful Effects 3 Conservation 1: The Ecological Footprint 4 Conservation 2: The Polluter Pays Principle 5 The Adaptation Alternative 6 Beyond End-State Solutions 7 Possible objections 8 Conclusion Acknowledgments Notes References Further Reading Chapter 13: Distant Strangers and the Illusion of Separation: Climate, Development, and Disaster 1 Contemporary Strangers and the Affordability of Alternative Energy 2 Future Strangers and the Time-of-Last-Opportunity to Prevent a Disaster Acknowledgments Note References Websites Further Reading Part V: JUST GLOBAL INSTITUTIONS Chapter 14: The Human Right to Democracy and the Pursuit of Global Justice 1 Introduction 2 The Human Right to Democracy 2.1 General Case for Democracy 2.2 Developing the Case for a Human Right to Democracy 2.2.1 Is Democracy a Human Right? 2.2.2 Toleration, Peoples’ Self-Determination, and Intervention 2.2.3 Instrumental Considerations about the Protection of Other Rights 2.2.4 Institutional Specificity and the Problem of Generalization 2.2.5 Intrinsic Considerations of Freedom and Equality 3 Human Rights, Democracy, and the Pursuit of Global Justice 3.1 Basic and Non-Basic Global Justice 3.2 The Pursuit of Basic Global Justice 3.3 The Pursuit of Non-Basic Global Justice Acknowledgments Notes References Further Reading Chapter 15: Thomas Pogge’s Conception of Taking the Global Institutional Order as the Object of Justice Assessments 1 Introduction 2 Global Justice, Economic Interdependence, and the States System 3 Global Justice in a Politically Decentralized World 4 Assessing the Justice of the Global Order and the States System 5 Concluding Remarks Notes References Further Reading Chapter 16: What Second-Best Scenarios Reveal about Ideals of Global Justice 1 Introduction 2 Egalitarian Justice 3 The Importance of Trade-Offs in Second-Best Scenarios 4 Competing Claims for Equality 5 Boundless and Bounded Global Egalitarianism 6 Equality versus Sufficiency 7 Conclusion Acknowledgments Notes References Further Reading Chapter 17: Global Gender Justice 1 Starting Points 1.1 What Is Justice? 1.2 What Is Gender? 2 What Is Global Gender Justice? 2.1 The Global as a Domain of Justice 2.2 Women in Nonwestern Cultures 2.3 Expanding Understandings of Global Gender Justice 3 Some Normative Issues of Global Gender Justice 3.1 Some Structural Features of the Current Global Order 3.2 Feminization of the Global Labor Force 3.3 Migration for Gendered Employment 3.4 Two More Examples Undeveloped Here 4 Some Cross-Cutting Theoretical Issues 4.1 Measuring Well-Being and Gender Equity 4.2 Causally Explaining Global Gender Disparities 4.3 Political Responsibility for Global Gender Injustice 4.4 Repairing Gender Injustices 5 How Can We Identify Global Gender Justice? Notes References Further Reading Chapter 18: International Law 1 The Core Structure of International Law 1.1 Actors and Claims 1.1.1 The State 1.1.2 Peoples 1.1.3 The Individual 1.1.4 International Organizations 1.1.5 Nongovernmental Organizations 1.1.6 Business Entities 1.2 The Fundamental Norms of International Law 1.3 Implementation and Enforcement 2 International Law’s Encounters with Global Justice 2.1 Mainstream Methodologies, European and American 2.2 Critical Approaches 2.3 Direct Engagement with Ethics 3 Global Justice Scholarship’s Approaches to International Law 3.1 The Range of Philosophical Engagement with International Law 3.1.1 Philosophical Appraisal of Legal Rules 3.1.2 General Theory First, Application to Law Second 3.1.3 Integrating Law into Philosophical Arguments 3.1.4 Missteps in Philosophical Approaches to International Law 3.2 Causes and Consequences of Philosophical Distance from International Law 4 Toward a Deeper Engagement between Legal and Philosophical Approaches to Global Justice Notes References Further Reading Part VI: BORDERS AND TERRITORIAL RIGHTS Chapter 19: Immigration 1 Introduction 2 Arguments for Open Borders 3 Arguments for the State’s Right to Control its Borders 4 Conclusion Notes References Further Reading Chapter 20: Political Legitimacy And Territorial Rights 1 The Problem 2 The Right of Jurisdiction 3 Border Control 4 Natural Resources 5 Conclusion Acknowledgments Notes References Further Reading Chapter 21: Settlement and the Right to Exclude 1 Two Cases 2 Territorial Occupancy Rights 3 Wrongful Violations 3.1 Culture 3.2 Political Domination 3.3 Damage to Territorially Based Practices 4 Conclusion Notes References Further Reading Part VII: GLOBAL INJUSTICE Chapter 22: A Critical Theory of Transnational (In-)Justice: Realistic in the Right Way 1 Critical Realism 2 Avoiding Parochialism and Cultural Positivism 3 Avoiding Practice Positivism 4 A Reflexive and Discursive Conception of Justice 5 Struggles for Justice and the Problem of Universality 6 Contexts of (In-)Justice 7 The Nature of Injustice 8 Constructing Transnational Justice Acknowledgments Notes References Further Reading Chapter 23: Personal Responsibility and Global Injustice 1 Introduction 2 The Duty to Create Just Institutions 3 The Primacy of Institutional Duty 4 The Limits of Duty 5 Conclusion Acknowledgments Notes References Further Reading Chapter 24: Thinking Normatively about Global Justice without Systematic Reflection on Global Capitalism: The Paradigmatic Case of Rawls 1 Introduction 2 A Realistic Utopia with No Reference to Capitalism 3 The Purity of Liberal Democracy even in Nonideal Theory 4 “Democratic Peace” as an Ideological Construction 5 Lessons for Normative Political Philosophy Acknowledgments Notes References Further Reading Chapter 25: The Right to Resist Global Injustice 1 Introduction 2 The Right of Resistance against Global Injustice 3 The Right of Resistance against Global Injustice 4 The Core Argument for the Right of Resistance against Global Injustice 5 A Second Argument for the Right of Resistance against Global Injustice 6 Moral Limits: Justice 7 Moral Limits: Political Legitimacy 8 Concluding Remarks Acknowledgments Notes References Index