Justice Everywhere

a blog about justice in public affairs

Category: Duties (Page 2 of 3)

“Refugees” and “economic migrants” – a morally problematic distinction

More than a million migrants and refugees have crossed European borders in the last year, posing yet another challenge to European unity. There is one thing that really strikes me in the public debate about how to deal with this huge influx: people tend to take it for granted that the legal distinction between “refugees” and “economic migrants” and the differential treatment that goes with it are morally justified. There is a broad consensus that, of course, we have to grant asylum to people fleeing from the horrors of the Syrian civil war, but that we are justified in refusing asylum to people escaping from poverty. But is there a morally relevant difference between taking refuge from poverty and escaping from war? I do not think that there is, and hence believe that the differential treatment of the two groups is unjust.

The legal point of reference for the distinction is the 1951 Convention relating to the Status of Refugees, which, as amended by the 1967 Protocol, defines a refugee as

“A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”.

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Do I make a difference? (4): The agency of individuals and households

Previous posts in this series:
(1) The exceedingly small but fully real effects of my greenhouse gas emissions
(2) A threshold phenomenon?
(3) Unilateral duties to reduce greenhouse gases or promotional duties?

My argument thus far can be summarized as follows: the greenhouse gases emitted by individuals have a small but fully real effect in that they increase the exposure of vulnerable people to the risk of serious suffering from climate change harms, now and in the future. These individual emissions are sufficient to do so and also necessarily have this effect. From this follows that individuals have a unilateral duty to reduce the emission of greenhouse gases that they can reasonably avoid. Promotional duties are very much necessary as well, but cannot substitute this unilateral duty to reduce emissions.

© UCS 2012

© UCS 2012

In this post, I will give an indication of how individuals can reduce emissions that are clearly avoidable on the individual level. We cannot expect people to reduce emissions that are unavoidable on the individual level, since these are necessary to meet their basic rights, but I will argue that households and individuals emit much more greenhouse gases than is often believed, especially in the developed world. A significant share of these emissions can be avoided, including a share of those resulting from residential energy use, personal transportation and the consumption of meat and dairy products (1)

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Do I make a difference? (3): Unilateral duties to reduce greenhouse gases or promotional duties?

Previous posts in this series:
(1) The exceedingly small but fully real effects of my greenhouse gases
(2) A threshold phenomenon?

In the previous posts in this series, I have argued that individual greenhouse gas emissions have an exceedingly small but fully real effect: they are sufficient to increase the risk that vulnerable people suffer from climate change harms and necessarily do so. What follows from this, normatively speaking? In this post, I will argue that it provides a strong reason for a unilateral individual duty to reduce one’s greenhouse gas emissions.

To be more precise about the responsibility and the duties of individuals, I will first differentiate between emissions that are avoidable on the individual level, and those that are not. Subsequently, I will defend the claim that individuals have a duty to reduce their avoidable emissions in order not to increase the risk that vulnerable people suffer from climate change harms. Moreover, I will refute the assertion that unilateral actions to reduce emissions are ineffective, while promotional actions supposedly are effective.

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(One of) Effective Altruism’s blind spot(s), or: why moral theory needs institutional theory

Blick aus dem Bürofenster kleinThere has been much talk about effective altruism recently (see e.g. here or here) – the idea that you should try to do as much good as you can, using the most effective means. It reads a bit like an update of good old Jeremy Bentham and “the greatest happiness of the greatest number” by a McKinsey consultant. It is easy to ridicule, and ridicule is indeed a frequent reaction because humour eases the tension that one can feel when confronted with these ideas. For there seems to be more than a grain of truth in effective altruists’ claim that we could do so much more to help those who were less fortunate in the “natural lottery” of where and when they were born. One thing that speaks in their favor, after all, is that effective altruists ask serious questions about what it means to be a moral agent in today’s world. What I here want to pick out from the debate is their picture the social world and of human institutions, which I take to be flawed. It is an illustration of why moral philosophy should not neglect the world we live in and the institutions that structure it.

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Do I make a difference? (2): A threshold phenomenon?

Previous post in this series:
(1) The exceedingly small but fully real effects of my greenhouse gas emissions

Many assume that individuals are not responsible for climate change and do not have any agency in tackling it. In this series of posts, I argue that this view is mistaken. The previous post concluded that individual emissions have an exceedingly small but fully real effect in that they increase the risk that vulnerable people suffer from climate change harms.

Extending this conclusion, in this post, I will address (and reject) the assumptions that individual emissions are neither necessary nor sufficient to cause climate change.

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Do I make a difference? (1): The exceedingly small but fully real effects of my greenhouse gas emissions

In the run-up to the international climate change conference in Paris in December 2015, there is much debate about what our governments and political institutions should do in order to tackle climate change. Important as this may be, I believe this focus should not obscure the role of individuals. Nonetheless, according to the general perception as well as some accounts in climate ethics, individuals do not appear to be responsible for climate change, or have any agency in tackling it.

I believe this view is mistaken. In this series of posts, I will therefore try to address some pervasive, but (in my view) misleading assumptions regarding individual responsibility for climate change and offer some fresh arguments. (1) The first two posts deal with backward-looking concerns about the identification of individuals as being responsible for climate change, the latter two with forward-looking issues in actually combatting climate change. First, I will debunk the belief that the effects of individual greenhouse gas emissions are insignificant. On this basis, in the second post, I will address the assumption that individual emissions are neither sufficient nor necessary to cause climate change. In the third post, I will advocate direct, unilateral duties to reduce my emissions. Finally, I will give some suggestions regarding what each of us could or should do to tackle climate change.

In this post: Are the effects of individual greenhouse gas emissions truly insignificant?

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Political Philosophy and Political Change

ivorytowerIn a memorable sequence in his book, Far From The Madding Crowd, Thomas Hardy depicts the young dog, “George’s son” who works for the farmer, Oak, as a sheepdog. The main job of George’s son is to run after the sheep to make sure that they stay together and do not run away. Tragically, however, the sheepdog being under the impression that the more he runs after the sheep, the better, one day drives all the sheep off a cliff. George’s son, thinking that he has done an exceptional job, returns happily to Oak, who is now left with nothing. Hardy writes that George’s son met the “untoward fate which so often attends dogs and other philosophers who follow out a train of reasoning to its logical conclusion, and attempt perfectly consistent conduct in a world made up so largely of compromise. “

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Are we socially (and not just legally) obligated to presume innocence?

Content note: this post contains and links to discussions of rape and sexual harassment.

Social attitudes towards rape and sexual violence and harassment have over the last few years been undergoing what Laurie Penny has aptly called ‘rape culture’s Abu Ghraib moment’. From Steubenville, to Jimmy Saville, and academic philosophers, we have been confronted with both how widespread rape, sexual violence and harassment is, and how awfully this is dealt with by the police, courts and institutions. Closer to home for me, a few months ago the Oxford Union president was arrested for rape and attempted rape (the charges were later dropped). This resulted in a campaign to have him resign his position as president and for invited speakers to cancel their appearances until he did. The ‘public intellectual’ A.C. Grayling however refused to cancel his appearance, saying that the president was innocent until proven guilty and should not be tried in the ‘kangaroo court of public opinion’. This has become a common response to accusations of rape (with ‘kangaroo court‘ the favourite and somewhat tired description). The alleged rapist, it is argued, should not be subject to social sanctions and society should reserve judgement because of the principle that people are innocent until proven guilty.

I vehemently disagree with this. But when challenged I have in the past been somewhat unsure of my reasons for disagreeing. One argument is that though innocent until proven guilty is an extraordinarily important principle, it is primarily a legal principle. That means it applies to the courts and the legal process of convicting someone of a crime. If someone is to be subjected to state punishment (from fines, to jail, to being executed), then they have the right to be presumed innocent until proven guilty so that the obligation rests with the prosecution and not the accused to prove guilt beyond reasonable doubt. It is however not clear that public condemnation of an alleged rapist should be subject to the same principle. As has been pointed out the so-called ‘kangaroo court of public opinion’ is not actually a kangaroo court. A kangaroo court (such as white lynch mobs) disregards the standards of a fair trial to punish the accused. Public discussion and condemnation does not (usually) seek to actually replace the legal process and determine guilt and then exact the kind of punishment normally reserved for the state.

But I am unsure of this argument. First, it relies on a kind of reasoning where the legal and social is entirely divorced that I would normally reject. I do not for example accept the absurd argument that women, queer people and people of colour have achieved equal status on the basis that many (but certainly not all) legal discriminations have been removed, because this is undermined by the continued existence of social oppression upheld through patriarchal, white supremacist and heteronormative norms. Second, public condemnation and discussion is not the whole story. Social sanctions, which include being personally or professionally shunned and being removed or temporarily stepping down from public positions, are graver than public condemnation and can approach state punishment in the consequences for the accused. Trying to argue that carrying out these kind of social sanctions does not punish the accused in the way a court does, seems unconvincing. Justifying it requires more than saying that innocent until proven guilty is just a legal principle.

I think the more convincing defence of public condemnation and social sanctions, and thereby overruling innocent until proven guilty, is based on the flawed legal processes and social attitudes that surround rape and sexual harassment and violence. Rape culture and its associated myths infect every step of the legal process from the police to judges. Combined with the social shaming and condemnation of victims, this mean that rape remains (as the graphic above shows) a dramatically under-reported, under-prosecuted and under-sentenced crime. In the absence of a correctly functioning legal system and societal attitudes that support victims I think it is therefore justifiable to publicly condemn and socially sanction alleged rapists and harassers. Of course this will vary from case to case, based on which crime they are accused of and the actions taken by the institutions that are supposed to deal with it, and there is no easy formula for this. I think that these actions are however necessary to challenge the ideas embedded in rape culture and replace them with the kind of norms and institutions that would seriously reduce the prevalence of rape and harassment.

In closing it is worth reflecting why people place so much emphasis on innocent until proven guilty when it comes to rape and harassment. I suspect that this is in fact one more feature of rape culture. At its heart rests the profoundly mistaken view that false accusations of rape and harassment are rife. I think we should remember that insisting that the accused is innocent until proven guilty, is so often based on the assumption that the victim is ‘lying until proven truthful’. To counteract that, I think it is central to believe and support victims. As Stavvers has convincingly argued:

‘Silence is the biggest weapon patriarchy has in keeping rape culture alive, and “I believe her” starts to tear down this wall and encourage and empower survivors to speak out. Because of this, it is crucial that we resist the attacks on this notion, the slurring it as “mobs” and “kangaroo courts”, because it isn’t. It’s solidarity in the face of patriarchy, and we should be proud that it is starting to terrify those who would rather we shut up.’

What does it mean to be a spectator to injustice everwhere?

Given that this blog is inspired by Martin Luther King Jr.’s quote “injustice anywhere is a threat to justice everywhere”, it seemed obvious to me that the topic for this week’s blog had to be the injustice perpetrated by the state of Israel. However as I sat down to write I realized that there is very little I could write that hasn’t already been written and shared a million times over (often thanks to social media). So instead I would like to raise a few questions about the relationship between ‘injustice anywhere’ and ‘spectatorship’*. With regard to this relationship I would like to briefly raise the following six questions.
1.     What does our commitment to justice mean if we allow our attention to be easily distracted – whether by sports, consumerism, etc?
2.     Is it easier to get involved in a struggle for justice when one does not feel responsible?
3.     How, and why, has our sense of direct political responsibility for injustice changed over time? Has it become harder to find a reason to act out against injustice?
4.     Setting aside questions of privacy etc., has Facebook (and other such social media sites) helped make people more or less politically informed and/or active?
5.     What does it do to the spectator when we feel a strong sense of injustice combined with an immense feeling of helplessness?
6.     Does not knowing what a just solution would be for a particular situation make it harder to speak up against injustice?
1.    The past two weeks this blog focused on what was central to so many across the globe – world cup football. Looking at my Facebook feed – it is clear that for many people who identify (in some manner) as being committed to justice (e.g. as activists, academics etc.) our attention was divided between the horrors in Gaza and the desire to be distracted by the drama of football. But even with all the excitement of world cup football, politics and injustice were always in the shadows. Furthermore, thanks to some players issues such as sexism, racism, poverty and even Gaza were (momentarily) brought to the forefront of the viewers minds. While I can’t pretend that I didn’t appreciate the distraction of the world cup, I am disappointed in myself. Why was it so easy to get caught up the excitement of the Red Devils when it was surrounded by so much injustice – both that directly connected to world cup football (and discussed over the past two weeks on this blog) and in so many other parts of the world? The question I was forced to ask myself was: am I as committed to justice as I pretend to be? Can such a fickle commitment offer any serious challenge to injustice? Or, is it possible that these types of distractions, sports, consumerism, entertainment etc., are intentionally created as part of the structures of injustice (as was proposed by members of the Frankfurt Schule)?
2.  Another consideration is whether it is easier to be an active spectator in situations of injustice when one does not feel responsible? In other words, does participation – even for example something as simple as enjoying a football match – make it harder to speak out against the structural problems connected to FIFA, etc. This certainly seems to be the case with regard to the Israeli-Palestinian conflict. While there is no doubt that European history, European nation-states, and the EU have all played a significant role in this conflict most spectators do not feel personally responsible (except perhaps as consumerists of Israeli products). Could this be one of the reasons why there are many self proclaimed non-political people (e.g. on social media) who are now willing to make political statements?
3. A third question I wish to raise regarding the relationship between injustice and spectatorship is how, and why, has our sense of responsibility for injustice changed over time? Has it become harder to find a reason to act out against injustice? According to Margaret Canovan “Amid the turmoil of revolutionary activity in the nineteenth century, one of the less-noticed effects of the historical and sociological theories invented at that time was a weakening of man’s sense of direct responsibility for politics” (288). Canovan’s claim is that academic theories from the nineteenth century, which sought to introduce stability in chaotic times, actually contributed to the disempowerment of collective actions, such as those against injustice, and a lessening of our sense of responsibility for injustice. Or could it be the simple fact that we are now, more than ever, aware of how much injustice there is everywhere that we find it harder to decide which struggle to contribute to? Or are we in fact more aware of injustice and committed to justice today then ever before?
4.    Closely connected to the previous question, one of the interesting realities of this current Gaza conflict has been the struggle between classical media sources (tv, newspapers, radio) and social media. There are several national settings in which the attention paid to the tragedies in Gaza by way of social media forced the more pro-Israel classical media sources to report on events in Gaza, and to reframe stories in a more balanced manner.  The question this raises is whether Facebook (and other such social media sites) have helped to make more politically informed spectators? Has Facebook created a virtual public sphere and is this to more political participation?
5.     After less than a week since this most recent Israel-Palestine conflict began, many spectators have begun to express a sense of immense frustration and helplessness. What can they, across the world, behind their computer screen, possibly do to prevent this injustice? Setting aside the question of what can actually be done, I think it might be worth asking what does it do to a spectator when we feel a strong sense of injustice combined with an immense feeling of helplessness? Does it make us more or less likely to act or does it further contribute to a weakening sense of direct responsibility for politics?
6.   Last but not least, a question that is perhaps true for most situations of injustice but glaringly so with regard to the Middle East conflict: does not knowing what a just solution would be make it harder to speak up against injustice? Having spent my afternoon at a pro-Palestinian demonstration, I was struck by how divided both the actors and spectators were. While most participants were willing to make statements (in front of a camera) regarding the need to stop the injustices against Palestinians, it was much harder to find volunteers to make specific political proposals. Speaking to the spectators – in this case the people who came to observe the demonstration and who expressed outrage at the injustice of the state of Israel – many chose not to participate because they didn’t know what a just resolution to this conflict should be. Is it the case that the gap between identifying injustice and outlining justice prevents many spectators from becoming actors?

*A spectator is someone sitting safely behind their computer or television screen observing, reading, blogging, passionately debating etc. situations of injustice.

Dribbling responsibility: What do we owe to the real losers of the World Cup?

In last week’s post, Siba drew our attention to one of the most widely noted events of this summer, the FIFA World Cup 2014. While taking notice of a wide range of ethical issues arising in the context of the World Cup, the discussion focussed on the organizational status of FIFA and the question of whether the tax exemptions it enjoys (and its status as a charity) are justified from a moral point of view. This week, we would like to follow Siba’s steps by raising some ethical questions regarding the World Cup and similar mega sporting events (e.g. the Olympic Games) from a different, but complementary angle. Setting aside the issue of taxation, we are concerned with some of the other problems anticipated in last week’s post and the responsibilities related to them.
As noted last week, the realization of major sporting events like the FIFA World Cup can come into tension with concerns of distributive justice and human rights. With regard to distributive justice, the public expenditure required by an event of the size of the World Cup raises the question of social opportunity costs. According to estimates, the infrastructure expenses incurred by the Brazilian government in preparation for the World Cup amount to approximately $11bn. If put to alternative uses, these resources could arguably have contributed to significant advances in education, health, and other field of social investment. An ethical evaluation of the decision to invest in the World Cup will of course need to take into account the revenues flowing from the event, their distribution within society, as well as, for example, the future value of infrastructure projects. Whatever the result of such an evaluation would be in the case of Brazil, it is clear that, at least under certain circumstances, a government’s decision to host the World Cup can come at the price of unjust social opportunity costs.
In addition to the question of priorities of public investment, there are a number of ways in which the realization of mega sporting events can come into conflict with human rights concerns. Relevant issues include eviction and involuntary displacement of people in the wake of construction projects, police brutality in reaction to public protests and demonstrations, and the implementation of labour standards. The potential severity of the latter issue was recently brought to light by media reports highlighting the labour conditions of migrant workers in Qatar, the host of the FIFA World Cup in 2022. According to the Guardian, at least 44 Nepalese workers died in Qatar during a period of only two months. On this basis, the International Trade Union Confederation estimates that up to 4,000 workers could lose their lives while working for World Cup-related projects.
The fact that there is a real risk that the realization of mega sporting events may come into conflict with concerns of distributive justice and human rights raises the question of who should bear responsibility for preventing such conflicts from occurring. One possible answer consists of placing the responsibility exclusively on the government in question. Concerns of distributive justice and human rights are commonly thought to fall into the primary sphere of responsibility of national governments and a government’s decision to apply as a host is entirely voluntary. Therefore, if a successful application would lead a government to neglect its obligations of justice and human rights, then it seems that it is the government in question who is under an obligation to refrain from submitting the application in the first place. Other actors involved in the selection process, such as FIFA as an awarding body, in contrast, may appear to bear no responsibility for the ensuing consequences. This view, at least, seems to be suggested by FIFA’s secretary general Jerome Valcke who observes that “FIFA is not the United Nations. FIFA is about sport,” and thus “cannot be seen as responsible for what’s happening in different countries.”
This view, however, seems to ignore the ethical significance of FIFA’s role in determining World Cup hosts. In the case of some countries, conflicts with concerns of distributive justice and human rights will be foreseeable as early as at the stage of application. Even if justice and human rights are thought to be the primary responsibility of national governments, FIFA seems to be under a duty to prevent these foreseeable conflicts by not awarding the World Cup to such countries. The fact that current bidding rules lack any concern for such conflicts has to count as a clear violation of this duty. This calls for a reform of bidding rules, for example in a way that takes into account a country’s human rights record.
Ultimately, the realisation of mega sporting events such as the World Cup rests on the support of visitors and TV audiences around the world. Insofar as current bidding rules are insufficiently sensitive to ethical concerns, should fans be held responsible for the moral costs of mega sporting events? While this may seem far-fetched to some, it is clear that audiences make the World Cup possible in the first place and have significant power to influence the terms under which it is carried out. One way to exercise this power would be in the form of a viewers’ boycott. We think that in cases in which significant injustices and human rights violations are at stake, such a boycott is what responsibility requires from viewers.
It may be objected that a boycott is an ineffective way for viewers to discharge their responsibility. After all, once a tournament is in the process of being carried out, most moral costs will already have been incurred, such that a boycott will do nothing to prevent them. Nevertheless, a boycott may send a powerful signal to prevent problematic practices in future tournaments and influence the outcome of future bidding processes. In addition, even setting aside consequentialist considerations, one may wonder about the morality of watching the World Cup and other comparable events. In cases where such events have a clearly tainted moral footprint, this seems to raise a question of ethical integrity when it comes to deriving enjoyment from them. So, while you may be preparing for a night in front of the TV to find out who is going to win Brazil 2014, consider the moral costs of mega sporting events. In your view, what do we owe to the real losers of the World Cup?
Sara Amighetti and Florian Ostmann



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