Post-nationalism re-considered: a case study of the ‘No One Is Illegal’ movement in Canada

Studies of post-nationalism have declined considerably among citizenship scholars in recent decades, and have been largely ignored by social movement scholars in favour of more trans-national approaches. Using a case analysis of a migrant rights movement in Canada as evidence of a ‘post-national ethics in practice’, in this article I argue for a re-consideration of the usefulness of post-nationalism within current scholarship on precarious immigration status. Taking into account both the limitations and opportunities afforded by a post-national ethical framework, I examine how the movement uses a human rights framing in distinct ways to mobilize constituents, garner mainstream media attention, and effect changes to policy at the national and local level. My findings suggest that the use of human rights frames for these movements offers both risks and rewards; however, the benefits may outweigh the risks in cases in which the quality of exposure within mainstream narratives is enough to disrupt, even if momentarily, the pervasiveness of normative nationalism, opening up new spaces for reconfiguring citizenship at the local level.     

Fairness on the Day after Tomorrow: Justice, Reciprocity and Global Climate Change

Climate change raises important questions of global distributive justice, which can be defined as the issue of how benefits and burdens should be distributed within and between generations. This article addresses two conceptual issues that underpin the relationship between climate change and the part of distributive justice concerned with the entitlements of future persons. The first is the role of reciprocity, conceived either as mutual advantage or fair play, in the allocation of distributive entitlements between generations. The second is the extent to which theories of 'justice as reciprocity' can ground duties of intergenerational justice that underpin radical policies to manage the causes and impacts of global climate change. I argue that theories of justice as fair reciprocity generate significant duties of environmental conservation, despite these duties not being owed directly to the not-yet-born.     

Justice,Efficiency, and the New Public Management

In this article I aim to explore the link between two normative values, namely justice and efficiency, and the New Public Management approach. In pursuing this task I offer several critical arguments against some of the recent justice‐based objections levied against New Public Management by David Arellano‐Gault. I claim that Arellano‐Gault's account of the relation between justice and the New Public Management is seriously undermined by two conceptual flaws: (1) a conflation of right‐libertarianism, utilitarianism, and desert theories of justice and (2) a conflation of the technical/productive sense of efficiency with the social/distributive sense. Furthermore, I maintain that even when the different theories of justice and the different senses of efficiency are properly delineated, the case for necessarily linking NPM to a particular theory of justice is markedly unconvincing.     

Control,consent and political legitimacy

In this essay, I evaluate Philip Pettit’s theory of republican political legitimacy and maintain that it fails to provide a more satisfactory account of legitimacy than consent-based theories. I advance two interrelated theses. First, I argue that in so far as Pettit successfully narrows the scope that his theory of political legitimacy has to address, his arguments could be adapted to support consent-based theories. Second, I argue that Pettit’s theory fails to satisfy the high standards it sets for itself and is thus unsuccessful. My critique focuses on Pettit’s notions of historical, political and normative necessity, before evaluating whether his requirement of equally individualised popular control of government should be endorsed.     

AIDS and the politics of rights in South Africa: A contested terrain

The prevalence of HIV/AIDS in South Africa has drawn particular attention in recent years, not only because of the country's high rates of infection but also because of the highly contentious debates between the state, AIDS NGOs, and scientists over AIDS policy. The national AIDS lobby in South Africa, including groups such as the Treatment Action Campaign (TAC), has been forcefully articulating a rights-based discourse as a strategy to realize particular normative claims on the state. I examine these recent public debates and challenges to the human rights based response to AIDS that has gained consensus internationally among AIDS NGOs, governments, doctors and medical researchers. I explore the limitations of framing political demands in terms of the constitution and within a rights-based discourse in the present are of globalization and neo-liberalism, where the state’s capacity to respond to the social welfare demands of its citizens has declined, and where the protection of universal human rights requires that powerful transnational actors, in addition to the state, be held democratically accountable.     

Priorities for Preventive Action: Explaining Americans’ Divergent Reactions to 100 Public Risks

Why do Americans’ priorities for combating risks like terrorism, climate change, and violent crime often seem so uncorrelated with the dangers that those risks objectively present? Many scholars believe the answer to this question is that heuristics, biases, and ignorance cause voters to misperceive risk magnitudes. By contrast, this article argues that Americans’ risk priorities primarily reflect judgments about the extent to which some victims deserve more protection than others and the degree to which it is appropriate for government to intervene in different areas of social life. The article supports this argument with evidence drawn from a survey with 3,000 respondents, using pairwise comparisons to elicit novel measures of how respondents perceive nine dimensions of 100 life‐threatening risks. Respondents were well informed about these risks’ relative magnitudes—the correlation between perceived and actual mortality was .82—but those perceptions explained relatively little variation in policy preferences relative to judgments about the status of victims and the appropriate role of government. These findings hold regardless of political party, education, and other demographics. The article thus argues that the key to understanding Americans’ divergent reactions to risk lies more with their values than with their grasp of factual information.     

'Inevitable and Unacceptable?' Methodological Rawlsianism in Anglo-American Political Philosophy

This article attempts two parallel tasks. First, it gives a sympathetic explication of the implicit working methodology ('Methodological Rawlsianism') of mainstream contemporary political theory in the English-speaking world. And second, principally in footnotes, it surveys the recent literature on justification to see what light these debates cast on the tenets of this methodology. It is worth examining methodological presuppositions because these can have a profound influence on substantive theories: many of the differences between philosophical traditions can be traced to their methodologies. My aim is to expose the central features of methodological Rawlsianism in order to challenge critics of this tradition to explain exactly where and why they depart from the method. While I do not defend it at length, I do suggest that methodological Rawlsianism is inevitable insofar as it is basically a form of common sense. This fact should probably lower expectations about the amount of progress consistent methodological Rawlsians are likely to make in grounding comprehensive normative political theories.     

Towards a right-to-development governance in Africa

In this article, I provide the rationale for conceptualizing a rights-based development model for Africa, necessitated by the conviction to seek African solutions to African problems. For the first time since independence, Africa has formulated a consolidated roadmap for development named “Agenda 2063,” which looks promising and attainable but leaves unanswered questions relating to the right to development enshrined in the African Charter and ancillary treaty instruments. In retrospect, I illustrate how the right to development originated and has evolved in Africa, potentially setting the pace for development and human rights protection but has not yet recorded significant impact. I contend that Africa's development future is attainable only through a self-reliant consciousness, not by letting the development agenda be shaped by imported paradigms. I justify why and how this is achievable by advancing arguments in favor of right-to-development governance as a homegrown model for development in Africa.     

Justice in a non-ideal world: the case of climate change

Ideal theory faces a paradox. The ‘capacity of guidance’ is an important feature of most normative theories, but ideal principles of justice are not well suited to guide action in non-ideal circumstances. This charge presses us to seek plausible avenues to connect ideal values with the non-ideal realisation of justice. The objective of this paper is to introduce an analytical framework and present a case study in support of what I call the ‘reflective integration thesis’. The thesis states that: if we wish to formulate principles of justice that can guide action in non-ideal circumstances, we need to integrate ideal and non-ideal theory, and the way to integrate ideal and non-ideal theory is by seeking reflective equilibrium between these levels. Taking climate justice as a model, this paper will explore the features of a non-ideal theory of justice, thereby providing insights about the structure of an action-guiding theory. It will show that, in order to guide action, our ideal principles of climate justice need to be reformulated in the light of real-world considerations, which we only obtain by integrating the relevant empirical work on the matter.     

Philosophical Argument and Political Practice: On the Methodology of Normative Theory*

The article discusses methodological issues in normative political theory. The basic assumption is that normative theory has a dual purpose in both establishing valid principles of differentiating right from wrong and influencing actions and institutions in the right direction. The article starts by distinguishing between two approaches to normative political theory: one stresses the interpretation of existing ideas and conventions; the other takes on the constructivist task of finding out what is really right. Then the relationship between theory and practice is explored. The question is how philosophical arguments can instigate practical reform. It is argued that practical considerations should be incorporated as an explicit element of normative political theory. The recommendation is. in particular, that philosophical theories enter into dialogue with the moral conventions of everyday life. whose normative force people already acknowledge.     

Contesting Europeanisation: Agents,institutions and narratives in British monetary policy

This article investigates how Europeanisation can sometimes generate controversy at the domestic level by exploring British policy towards ERM in the 1980s and 1990s. It argues that existing approaches which point to the occurrence of ‘misfit’ between domestic and European institutions/policies only go part of the way to explaining the contentious nature of this process. Europeanisation was disputed in this instance because it produced competing narratives as the question of fit/misfit (as well as adaptational pressure) was discursively constructed in different ways by different groups with different normative positions. The article concludes by briefly considering the implications of this case study for future theories of Europeanisation.     

Intergenerational Justice and Climate Change

Global climate change has important implications for the way in which benefits and burdens will be distributed amongst present and future generations. As a result it raises important questions of intergenerational justice. It is shown that there is at least one serious problem for those who wish to approach these questions by utilizing familiar principles of justice. This is that such theories often pre-suppose harm-based accounts of injustice which are incompatible with the fact that the very social policies which climatologists and scientists claim will reduce the risks of climate change will also predictably, if indirectly, determine which individuals will live in the future. One proposed solution to this problem is outlined grounded in terms of the notion of collective interests.     

Judging politicians: The role of political attentiveness in shaping how people evaluate the ethical behaviour of their leaders

Political theorists have developed well‐defined normative understandings of what constitutes ethical political conduct. Based on democratic theory as well as the demands of practical politics, these understandings prescribe certain types of behaviour and proscribe other types. However, it is unclear to what extent this normative framework has resonance for ordinary citizens. This article demonstrates that attention to politics tends to increase the resonance of this normative framework. The analysis identifies three norms about the holding of public office that are expected to structure citizens' ethical judgments: the avoidance of conflicts of interest; conformity with the law or institutional rules; and the maximisation of the public good. The article assesses the importance of these norms in structuring judgments by means of an experiment embedded in a population survey conducted in Great Britain. The analysis finds that informational cues pertaining to conflict‐of‐interest avoidance only condition responses among the attentive, while information pertaining to law conformity has far wider resonance. This finding has implications for approaches to political ethics focusing on normative considerations that appear to have low salience for much of the general public.     

Fighting risk with risk: solar radiation management,regulatory drift,and minimal justice

ABSTRACT

Solar radiation management (SRM) has been proposed as a means of mitigating climate change. Although SRM poses new risks, it is sometimes proposed as the ‘lesser evil’. I consider how research and implementation of SRM could be regulated, drawing on what I call a ‘precautionary checklist’, which includes consideration of the longer term political implications of technical change. Particular attention is given to the moral hazard of ‘regulatory drift’, in which strong initial regulation softens through complacency, deliberate deregulation (‘regulatory gift’) and the limited constituency of people with the skills to regulate (‘thin markets’). I propose the strengthening of civil society groups to keep regulators in check.     

What do we Need to be Part of Dialogue? From Discursive Ethics to Critical Social Justice

Abstract

The main goal of critical social justice is to ensure the agency of citizens, which enables them to take part, not only in public discussions about how resources are distributed, but also about matters such as what should be produced, how to do it and through what kind of production, among others. Critical social justice can be best formulated within the foundation programme of discursive ethics, in particular within Apel's version specified in his principle of co-responsibility. This principle establishes a telos that operates as a normative guide to formulate the constructive question about which the necessary conditions are for someone to be able to become a subject of dialogue. Answering this question leads, on the one hand, to the development of some constitutive elements of critical social justice and, on the other hand, to the identification of the social relations and structures that undermine the possibilities of a person to effectively participate in the discussion of the topics they consider relevant. As its constitutive elements, I propose reciprocal recognition autonomy, the metric of capabilities and a sufficientarian principle of justice, which work together with the well-known difference principle. These elements constitute a normative net that allows contemporary societies to be criticized from the perspective of justice.     

Multicultural accommodation and the ideal of non-domination

What normative principles should multicultural states be guided by in responding to minority claims for the accommodation of cultural and religious social practices? This article explores how theories of non-domination can contribute to debates on this question in the multiculturalism literature. It examines Philip Pettit’s, Cecile Laborde’s and Frank Lovett’s republican theories and argues that non-domination-based approaches to multicultural accommodation are more suitable to assess the dynamic of intra- and inter-group relations than the prominent liberal–multiculturalist alternative. However, their advantages are not contingent on the wider theories from which they emerge, but rather related to generalizable features of the non-domination ideal. This suggests that non-domination should also be appealing to non-republicans, who can adopt it minimally as a critical principle to determine illegitimate policies.     

Mars One: Human Subject Concerns?

Mars One is an ambitious, private plan to begin colonizing Mars using comprehensively screened volunteers who will make a one-way journey to the Red Planet. Its budget will be partially offset by broadcasting the adventure as a reality-TV program, beginning with the training of the astronauts, and ending with their settlement and, presumably, their deaths on the surface of Mars. In essence, the volunteers being sought for the Mars One project are human subjects in an experiment and ought to be treated as such under international provisions for the protection of human subjects or, at the very least, under a concern for the ethical conduct of a potentially groundbreaking project. In this article, I explore the question of whether the volunteers for Mars One are subject to standard protections for human subjects in scientific research, or to broader ethical concerns and protections for unique reasons, and whether they are being given the appropriate protections. I contend that, because of the individual and social impacts of the proposed project, and the nature and degree of risks, ethical concerns need to be addressed for this project to continue. Moreover, I recommend that an ethics committee be created to permanently oversee the project and provide guidance.     

Building Ethical Capital: Perceptions of Ethical Climate in the Public Sector

This article examines influences on public servant perceptions of ethical climate in the public sector. The array of beneficial outcomes produced by perceptions of a positive ethical climate, the existence of government programs aimed at improving ethical climate, and implications for government accountability and trustworthiness all argue for a better understanding of the sources of these perceptions. Empirical analyses of survey responses from employees of the U.S. federal executive branch show that individuals in leadership positions perceive the ethical climate more positively. Conversely, work tenure tends to worsen perceived ethical climate, although supervisory status attenuates this negative effect. Ethics training, interaction with ethics officials, and perceived knowledge about ethics topics consistently influence perceptions of ethical climate and advice‐seeking behavior in a positive way. A set of results related to advice‐seeking behavior serves to reinforce the important role of ethics officials.