Recent years have seen an increase of interest on the part of human rights theorists in the “supply-side” of human rights, i.e., in the duties or obligations correlative to human rights. Nevertheless, faced with the practically urgent and seemingly simple question of who owes the duties related to international human rights, few human rights theorists provide an elaborate answer. While some make a point of fitting the human rights practice and hence regard states as the sole human rights duty-bearers merely by referring to that practice, others criticize the “state-centric” approach to human rights duty-bearers and expand the scope of the latter to include any international institution beyond the state and even private actors. Curiously, however, even those more expansive accounts of human rights duty-bearers are usually very evasive about why it should be so and especially how it should work. The time has come to broach anew the issue of the bearers of human rights duties, and responsibilities of international institutions in human rights theory, addressing two challenges: focusing on relational and directed human rights duties specifically and not on duties of global justice in general, thereby distinguishing between human rights duty-bearers and other bearers of responsibilities for human rights, on the one hand, and accounting for and justifying the point of international human rights law and practice in this respect, thereby also securing internal arguments for reform, on the other. The essay’s argument is four-pronged. It starts with a few reminders about the relational nature of human rights and the relationship between human rights and duties and what this means for the specification of human rights duties. It then focuses more specifically on the identification of human rights duty-bearers, i.e., states and international institutions of jurisdiction like the European Union (EU), and the allocation of human rights duties to them. The third section of the article is devoted to the concurrent moral responsibilities for human rights that are incurred by other various responsibility-bearers outside institutions of jurisdiction. In the final section, the essay considers the (quiet) revolution potential of the EU’s fast-developing human rights’ duties, and discusses the normative implications of the development of universal international institutions’ human rights duties stricto sensu for international law and politics more generally.

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called “free market environmentalism” (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described FME advocates adopt a utilitarian, welfare-maximization approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic, human-induced climate change is likely to contribute to environmental changes that violate traditional conceptions of property rights. Viewed globally, the actions of some countries—primarily industrialized nations—are likely to increase environmental harms suffered by other countries—less developed nations that have not (as of yet) made any significant contribution to climate change. It may well be that aggregate human welfare would be maximized in a warmer, wealthier world, or that the gains from climate change will offset environmental losses. Yet such claims, even if demonstrated, would not address the normative concern that the consequences of anthropogenic global warming would infringe upon the rights of people in less-developed nations. As a consequence, this paper calls for a rethinking of FME approaches to climate change policy.

Left-libertarianism is a version of Lockean libertarianism that combines the idea that each person is the full rightful owner of herself and the idea that each person should have the right to own a roughly equal amount of the world's resources. This essay argues against left-libertarianism. The specific target is an interesting form of left-libertarianism proposed by Michael Otsuka that is especially stringent in its equal world ownership claim. One criticism advanced is that there is more tension than Otsuka acknowledges between private ownership of self and equal ownership of the world. This emerges once one notices that self-ownership should not be conceived merely in a thin, formal way but also as a thicker substantive insistence on wide individual freedom. A second criticism is that in other respects the formal idea of self-ownership that Otsuka and other left-libertarians embrace is an extreme doctrine that merits rejection.

The relationship between participatory democracy (the rule of and by a socially diverse citizenry) and constitutional liberalism (a regime predicated on the protection of individual liberties and the rule of law) is a famously troubled one. The purpose of this essay is to suggest that, at least under certain historical conditions, participatory democracy will indeed support the establishment of constitutional liberalism. That is to say, the development of institutions, behavioral habits, and social values centered on the active participation of free and equal citizens in democratic politics can lead to the extension of legally enforced immunities from coercion to citizens and noncitizens alike. Such immunities, here called “quasi-rights,” are at least preconditions for the personal autonomy and liberty in respect to choice-making that are enshrined as the “rights of the moderns.” This essay, which centers on one ancient society, does not seek to develop a formal model proving that democracy will necessarily promote liberal constitutionalism. However, by explaining why a premodern democratic citizenry of free, adult, native males—who sought to defend their own interests and were unaffected by Enlightenment or post-Enlightenment ideals of inherent human worth—chose to extend certain formal protections to slaves, women, and children, it may point toward the development of a model for deriving liberalism from democratic participation. Development of such a model could have considerable bearing on current policy debates.

In this essay Loren Lomasky wryly proposes that the views of Rawls and Nozick might not be as radically divergent as is conventionally supposed. To demonstrate this proposition, Lomasky invents “Twin Harvard” counterparts of Rawls and Nozick. The twist is that Twin Rawls turns out to be a leading libertarian theorist while Twin Nozick endorses a regime of sweeping redistribution. In each case the position follows from familiar elements in the theories of their respective, real-world counterparts. Lomasky concludes that Twin Rawls actually makes better use of familiar Rawlsian themes-such as the veil of ignorance, strains of commitment, and the priority of liberty-than does Rawls himself. Moreover, Rawls's own attempts at combating libertarianism are seen to be weak, sometimes embarrassingly so. Libertarianism is a specter that he devoutly wishes to exorcize, but cannot. Conversely, the rejection of libertarianism by Twin Nozick (and Nozick?) is striking but shallow.

In any society influenced by a plurality of cultures, there will be widespread, systematic differences about at least some important values, including moral values. Many of these differences look like deep disagreements, difficult to resolve objectively if that is possible at all. One common response to the suspicion that these disagreements are unsettleable has always been moral relativism. In the flurry of sympathetic treatments of this doctrine in the last two decades, attention has understandably focused on the simpler case in which one fairly self-contained and culturally homogeneous society confronts, at least in thought, the values of another; but most have taken relativism to have implications within a single pluralistic society as well. I am not among the sympathizers. That is partly because I am more optimistic than many about how many moral disagreements can be settled, but I shall say little about that here. For, even on the assumption that many disputes are unsettleable, I continue to find relativism a theoretically puzzling reaction to the problem of moral disagreement, and a troubling one in practice, especially when the practice involves regular interaction among those who disagree. This essay attempts to explain why.

In the early 1970s, we and others in the economics profession became enamored with the notion of externalties—a cost or benefit imposed on or provided to others but not taken into account by the economic agents who generate the effect. We, and others, seemed to see external effects everywhere. There was polluted water and air, noise, urban blight, traffic congestion, and other features of modern life that seemed to call out for some form of corrective action. As the externalities revolution unfolded, economists and other social scientists overlooked the importance of evolved legal and other institutions that formally and informally establish property and liability rules that cause decision makers to face the cost of their actions, including what otherwise could be external costs imposed on unwilling third parties.

While markets seemed always to fail, political institutions were seen systematically as without blemish, or so it seemed. It was this two-pronged failure, 1) a failure to consider and state assumptions about background institutional arrangements and 2) a disregard for special interest politics, that became the Achilles Heel of the otherwise elegant externality arguments. Eventually, it was the modern institutionalists, scholars who focused on laws, regulation, and rules of the marketplace, who attempted to close the lid and drive the nails on the externality coffin.

In this paper, we reach back to 1920 and trace the rise and decline of the policy importance of externalities theory. Beginning with A. C. Pigou and Alfred Marshall, our story includes some of the great figures in economic history of thought. But while theory was being built, institutions were overlooked. Pigou continues to be a dominant player in the story until the 1960s and 1970s when externalities theory was challenged by James M. Buchanan, Ronald Coase and other scholars. It is here in the twilight years of the externalities revolution that the prospects of government failure are raised as being more daunting than the likelihood of market failure. Finally, in the late 1970s and beyond, the externalities revolution is replaced by a property rights revolution.

Doing the best we can in the world as it is requires that appropriate account be taken of “feasibility considerations.” The object of this essay is to examine what “appropriate account” amounts to — and specifically how “feasibility” should be conceptualized so as to operate most congenially with “desirability considerations.” One element in this exercise is to recognize “feasibility” not so much as a category as “coming in degrees” (just as desirability must be recognized). A second element is to specify evaluands as actions — objects that the advisee controls — rather than as objects that lie somewhere intermediate along the path from actions to final desirability principles. This move serves to collapse all feasibility issues to ones relating to the consequences of genuine actions rather than “feasibility of” other kinds of objects of evaluation. A particular problem in the proper treatment of feasibility considerations is the tendency to begin from the “ought-implies-can” principle, a point of departure that frames feasibility considerations in a dismissive or otherwise inadequate way.

This essay explores the idea of just war in two ways. Part I outlines the formation, early development, and substantive content of just war tradition in its classic form, sketches the subsequent development of this idea in the modern period, and examines three benchmarks in the recovery of just war thinking in American thought over the last four decades. Part II identifies and critiques several prominent themes in contemporary just war discourse, testing them against the context, purpose, and content of the just war idea in its classic form. My argument throughout is that the historical substance of just war tradition needs to be respected in contemporary just war discourse, both to discipline that discourse and to engage contemporary moral reflection with the values embodied in just war tradition.

Humans often comply with social norms, but the reasons why are disputed. Here, we unify a variety of influential explanations in a common decision framework, and identify the precise cognitive variables that norms might alter to induce compliance. Specifically, we situate current theories of norm compliance within the reinforcement learning framework, which is widely used to study value-guided learning and decision-making. This framework offers an appealingly precise language to distinguish between theories, highlights the various points of convergence and divergence, and suggests novel ways in which norms might penetrate our psychology.

Hopes of applying the findings and speculations of evolutionary theorizing to the problems of ethics have yielded a program with a (deservedly) bad reputation. At the level of norms – substantival ethics – it has been a platform for some of the more grotesque socio-politico-economic suggestions of our times. At the level of justification – metaethics – it has opened the way to some of the more blatant fallacies in the undergraduate textbook. Recently, however, a number of people, philosophers and biologists, have sensed that a more adequate evolutionary ethics might be possible. United in the conviction that it simply has to matter that we humans are modified monkeys rather than the creation of a Good God, in His image, on the Sixth Day, they argue that recent developments in evolutionary biology, especially those dealing with the genetic basis of social behavior (“sociobiology”), open the way to a satisfactory biological understanding of morality.

When we’re trying to articulate principles of justice that we have reason to take seriously in a world like ours, one way to start is with an understanding of what our world is like, and of which institutional frameworks promote our thriving in communities and which do not. If we start this way, we can sort out alleged principles of justice by asking which ones license mutual expectations that promote our thriving and which ones do otherwise. This is an essay in the how and why of nonideal theory: in particular, how and why principles of property come first and principles of justice second. Ownership conventions, and property law as it develops under the pressures of case by case dispute resolution, tend to become touchstones for conflict mediation down through generations. They may be imperfect, retaining vestiges of adaptations to ancient problems that no longer exist, yet still they work, coordinating expectations so as to make it easier for people to live well together. A priori reasons for endorsing principles of justice generally are not good enough. A good enough reason would be something like this: to endorse this way of applying this principle in this kind of circumstance is to support institutional frameworks that position us to play positive sum games.

This essay considers whether acts of altruism can be rational. Rational choice, according to the standard instrumentalist model, consists of maximizing one's utility, or more precisely, maximizing one's utility subject to a budget constraint. We seek the point of highest utility lying within our limited means. The term ‘utility’ could mean a number of different things, but in recent times utility has usually been interpreted as preference satisfaction (and thus utility functions are sometimes called preference functions). To have a preference is to care, to want one alternative more than another.

Do property entitlements define the moral environment in which rights to well-being are defined, or do rights to well-being define the moral environment in which property entitlements are defined? Robert Nozick argued for the former alternative and he denied that any serious attempt had been made to state the latter alternative (what he called “the ‘reverse’ theory”). I actually think John Locke's approach to property can be seen as an instance of the “reverse” theory. And Nozick's can too, inasmuch as it shares a number of features with the Lockean approach. But my paper is not intended as a criticism of Nozick; on the contrary, it acknowledges the integrity and the importance of his insistence that welfare, property, and justice be integrated into a single theory with clearly established priorities.

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated.

Constructivism about practical judgments, as I understand it, is the notion that our true normative judgments represent a normative reality, while denying that that reality is independent of our exer-cise of moral and practical judgment. The Kantian strain of practical constructivism (through Kant himself, John Rawls, Christine Korsgaard, and others) has been so influential that it is tempting to identify the constructivist approach in practical domains with the Kantian development of the out-look. In this essay I explore a somewhat different variety of practical constructivism, which I call Aristotelian Constructivism. My aim is to establish conceptual space for this form of constructivism by indicating both in what ways it agrees with its Kantian counterparts and in what ways it differs. I argue that Aristotelian Constructivism is on one sense more faithful to the constructivist enterprise than the Kantian varieties, in that its understanding of both the establishment of practical truth and the vindication of the theory itself is constructivist.

This essay offers an interpretation and partial defense of Nietzsche's idea that moralities and moral judgments are “sign-languages” or “symptoms” of our affects, that is, of our emotions or feelings. According to Nietzsche, as I reconstruct his view, moral judgments result from the interaction of two kinds of affective responses: first, a “basic affect” of inclination toward or aversion from certain acts, and then a further affective response (the “meta-affect”) to that basic affect (that is, sometimes we can be either inclined towards or averted from our basic affects). I argue that Nietzsche views basic affects as noncognitive, that is, as identifiable solely by how they feel to the subject who experiences the affect. By contrast, I suggest that meta-affects (I focus on guilt and shame) sometimes incorporate a cognitive component like belief. After showing how this account of moral judgment comports with a reading of Nietzsche's moral philosophy that I have offered in previous work, I conclude by adducing philosophical and empirical psychological reasons for thinking that Nietzsche's account of moral judgment is correct.

Writers of very different persuasions have relied on arguments about self-ownership; in recent years, it is libertarians who have rested their political theory on self-ownership, but Grotian authoritarianism rested on similar foundations, and, even though it matters a good deal that Hegel did not adopt a full-blown theory of self-ownership, so did Hegel's liberal-conservatism. Whether the high tide of the idea has passed it is hard to say. One testimony to its popularity was the fact that G. A. Cohen for a time thought that the doctrine of self-ownership was so powerful that an egalitarian like himself had to come to terms with it; but he has since changed his mind. I have tackled the topic of self-ownership glancingly elsewhere, but have not hitherto tried to pull together the observations I have made in passing on those occasions. The view I have taken for granted and here defend is that self-ownership is not an illuminating notion—except in contexts that are unattractive to anyone of libertarian tastes.

The straightforward normative importance of emergencies suggests that empirically engaged political theorists and philosophers should study them. Indeed, many have done so. In this essay, however, I argue that scholars interested in the political and/or moral dimensions of large-scale emergencies should shift their focus from emergencies to emergency claims. Building on Michael Saward’s model of a “representative claim,” I develop an account of an emergency claim as a claim that a particular (kind of) situation is an emergency, made by particular actors against particular background conditions to particular audiences, which in turn accept, ignore, or reject that claim. Emergency politics, in turn, consists of many different actors making and not making, accepting, and rejecting, a wide range of overlapping and competing emergency claims. I argue that scholars should shift their focus to emergency claims because doing so helps us see the fraught implications of emergency politics for marginalized groups. I examine three such implications: emergency claims are often “Janus-faced,” meaning that they function simultaneously as “weapons of the weak” and weapons of the strong; they are often regressive, including by discriminating against victims of chronic bad situations, and they often perpetuate and exacerbate existing social hierarchies. Noticing these troubling features of emergency politics raises a question that I do not address here: What might plausible alternatives to emergency politics look like?

Imagine a society of fisherfolk, who, in the state of nature, fish on a lake of finite size. Fishing on the lake is characterized by decreasing returns to scale in labor, because the lake's finite size (and finite fish stock) imply that each successive hour of fishing labor is less effective than the previous one, as the remaining fish become less dense in the lake. In the state of nature, the lake is commonly owned: each fishes as much as he pleases, and, we might suppose, calculates his fishing plan by taking the labor of the others as given, as he sees it. Each knows that the distribution of fish will be proportional to labor expended among the fisherfolk: if I fish twice as long as you, I will end up with twice as much fish as you. This is not due to some kind of concern with equity (or the labor theory of value) among the fisherfolk; it is a technological fact, implied by the assumption that fishing labor is homogeneous, and all are equally likely to catch a fish in a unit of time. An equilibrium under common ownership can be thought of as a Nash equilibrium of the game where each computes his optimal fishing plan, given the labor of the others and knowing what the consequent distribution of fish would be. (A Nash equilibrium is an allocation of labor and fish to each fisherman, with the property that no one can increase his utility by deviating in his choice of labor, given what the others are doing.)