notes-m1-global-ethics-restorative-justice.pdf

lOMoARcPSD|20282625 Notes M1 - Global Ethics & Restorative Justice Global Challenges and Impacts (Università Cattolica del Sacro Cuore) Scan to open on Studocu Studocu is not sponsored or endorsed by...

lOMoARcPSD|20282625 Notes M1 - Global Ethics & Restorative Justice Global Challenges and Impacts (Università Cattolica del Sacro Cuore) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 GLOBAL ETHICS & RESTORATIVE JUSTICE Module 1 - Paolo Gomarasca Lecture 01- Jueves 29 de febrero What is Global Ethics?? H. Widdows - - - a new term that has emerged over the past few years that recognizes a distinct area of study but also a distinct academic discipline ○ the issues can be very complicated ○ What does global mean? - - - generally used to simplify something that refers to the world (i) commonality - - - sinonimo de togetherness (ii) interconnection - - - we are in the same human condition or situation as the way we coexist as a human race globalización a hecho que este factor se haya hecho mucho mas presente puesto que de cierta manera uno se ha hecho dependiente del otro ○ What does ethics mean?? - - - the concept derives from ancient greek “ethikos” - “ethos”, which means “habit, costum or character” The study of concepts involved in practical reasoning: good, right, duty, obligation, virtue, freedom, rationality, choice the inquiring of what means a “good life” Socrates Ethical Reasoning Las bases de lo que se conoce de los pensamientos de Socrates acerca de la etica se debe a su pupilo Plato ○ “It is NO ordinary matter that we are discussing, but the right conduct of life” - Plato, Republic, 352d ○ “The unexamined life is not worth living” - Plato, Apology, 38a5-6 Socrates estaba preocupado acerca de discutir lo que está motivandonos a seguir adelante con la vida, puesto que el creía que SIEMPRE se debía de tener un motivo para vivir ○ the process of challenging thoughts it can be solely examined CHOOSING DEATH BEFORE DISHONOR El trail the Socrates fue un fail porque no había prueba alguna de que Socrates había afectado a Athenas en cualquier manera ○ Socrates cría en la justicia divina antes y despues de la muerte Defensive Speech «Perhaps, then, someone might say, “By being silent and keeping quiet, Socrates, won’t you be able to live in exile for us?” “I much prefer to die having made my defense speech in this way than to live in that way. But, gentlemen, it is not hard to escape death; it is much harder to escape wickedness, for that runs faster than death. And now I, since I am slow and old, am caught by the slower runner, and my accusers, who are clever and quick, by the faster, wickedness. And now I shall go away convicted by you and sentenced to death, and they go convicted by truth of villainy and wrong.» the fundamental point is to tell the truth, puesto que sentía una responsabilidad moral Ethics involves primarily questioning Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 DEFINITION - - - A field of theoretical inquiry that addresses ethical questions and problems arising out of the global interconnection and interdependence of the world ○ is the study of what ends of action we are deliberately prepared to adopt “We Athenians, in our own persons, take our decisions on policy or submit them to proper discussions: for we do not think that there is an incompatibility between words and deeds; the worst thing is to rush into action before the consequences have been properly debated.” [Pericles, Funeral Oration, 431 B.C.; source: Thucydides, History of the Peloponnesian War] GLOBAL ETHICS is a field of theoretical enquiry that addresses ethical questions and problems arising out of the global interconnection and interdependence of the world. Ethical Dilemma The agent is required to do each of two (or more) actions; the agent can do each of the actions; but cannot do both or all of the actions. The agent thus seems condemned to moral failure; no matter what they do, they will do something wrong (or fail to do something that they ought to do) EXAMPLE (i) Suppose there is a large bomb that has been planted in a highlypopulated location. Suppose this bomb is due to go off in the near future. Suppose you have in your custody someone who knows where the bomb is planted, but who will not share this information. Suppose there is no other source for this information. Suppose receiving this information could presumably help you prevent the bomb from going off. Now ask yourself, would it be legitimate to torture the person? Dependiendo de como se resuelvan los dilemas eticos globales, será cómo se “verá” la política global The terrain of G.E. as a field of inquiry G.E. issues such as international relations, foreign aid, humanitarian intervention, human rights, war, terrorism, and torture, climate change, extreme poverty, and other global inequalities. Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 Some pressing ethical questions Who is responsible for ending poverty in the world’s poorest countries? Who is responsible for ending the suffering of refugees and displaced persons languishing in refugee camps? Is it fair that industrialized countries agree to limit their carbon emissions while developing countries are allowed to increase theirs? Should I give money for humanitarian relief in conflict zones or will it do more harm than good? Is it harmful to consider such aid charity? Or should we treat it as an obligation of justice or morality? Should I or my government end poverty at home before giving aid to the poor abroad? Characteristics of the G.E. approach Global in scope ○ The area of ethical concern is not limited by territories despite they cannot be addressed in the solution of the dilemma ○ the global frame is respected even though the priorities that are being discussed Multidisciplinary ○ brings together moral-political philosophy, social science, empirical disciplines Combines theory and practice ○ focus on the appropriate method between the abstract and the concrete at the time of bringing a solution Comments Global Ethics by Heather Widdows (2011) - - - se supone que lo tiene la uni en la biblioteca online (LIBRO BASE PARA EL EXAMEN Y EL MODULO) FINAL REMARKS ○ justify our decision in a remarkable manner ○ No answer can ever be definite or final ○ global ethics does not endorse a single way of life ○ a general “bias” towards the poor and vulnerable - - - broad commitment to proper justice Lecture 02- Jueves 29 de febrero Why case studies for Global Ethics? Global Ethics is a practice-based theory, connected with real-world injustice. Cases, like the real world, contain uncertainties and ambiguities and take the form of a dispute between 2 parties. Event the best solution will still have some unsatisfactory consequences, and therefore, not all solution are acceptable. “Gut” reactions are when feelings and emotions are an important source of moral data Anger = “righteous indignation” for injustice Female Genital Mutilation (FGM) According to WHO, FGM comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genitalia organs for non-medical reasons. Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 FGM has NO health benefits, and it harms girls and women in many ways. It involves removing and damaging healthy and normal female genital tissue and interferes with the natural functions of girls’ and women’s bodies. Generally speaking, risks increase with increasing severity of the procedure New Approach?? “Instead of trying to stamp FGM out entirely, governments should ban the worst forms, permit those that cause no long-lasting harm and try to persuade parents to choose the least nasty version, or none at all. However distasteful, it is better to have a symbolic nick from a trained health worker than to be butchered in a back room by a village elder.” [The Economist, June 18th 2016] FGA (alteration): a compromise solution? “Accepting de minimis nontherapeutic FGA procedures enhances the effort of compassionate practitioners searching for a compromise position that respects cultural differences but protects the health of their patients.” (Kavita Shah Arora, Allan J Jacobs, Female genital alteration: a compromise solution, Journal of medical Ethics, 2016) Certain reaction to the paper were ○ “It’s a lie for anyone who thinks that a nick will reduce the harm. The effect on the survivor is the same. The psychological effect is exactly the same.” (Djenab Diallo) ○ “There is no 'better' alternative to FGM. It is child abuse, full stop!” (Hoda Ali) ○ "There is no doubt that in whatever form, FGM has its origin and purpose in controlling women.“ (Ruth Macklin) Key ethical issues raised by FGM The most “common” justification for this atrocious practice are 1. religion/ethnicity a. can it be considered a religious norm? i. FGM is not supported in any major religious texts and moreover, many religious leaders believe that this “tradition” should end b. can it be a necessary rite of passage?? i. cultural norms are changing and alternative rites of passage into womanhood that do not Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 involve FGM are increasingly accepted 2. control of women’s sexuality a. FGM is a misogynist procedure 3. hygiene and aesthetics a. Misconceived cultural ideals of femininity and modesty Lecture 03 - 14th of March 1. Universalism and (Cultural) Relativism Protagoras - “Man is the measure of all things” (from Plato’s Theaetetus 152a 2-4) The only moral standards para los relativism es que no hay common ground para resolver dilemmas morales Can we make global claims?? IF relativism were true, “global” would be incompatible with “ethics” Cultural relativism consider como arrogante e imperialista al approach universalista puesto que consideran que están destruyendo? Is Universalism a form of intolerant imperialism (cultural colonialism)? Global Ethics is possible if and only if a dialogical form of universalism is possible The dialogue is authentic if and only if it involves a common search for truth As far as it is based on dialogue, universalism urges tolerance Models of Universalism Monological Universalism Está basado en el individualismo es un modelo narcissistic y childish Dialogical Universalism (es el It has 3 fundamental and defining features: unico método compatible con a sense of normative commitment (LA CAPACIDAD DE … A Global Ethics) NORMAS QUE ESTÁN EN PRO DE UN CAMBIO SOCIAL) se puede compartir interpretive perspective-taking (la capacidad de entender otra ciertos valores a nivel perspectiva e incluso cambiarla o modificarla) global pero son social self-reflexivity (capacidad de obtener y entender los analizados, interpretados “estereotipos”?) y adaptados de diferentes maneras dependiendo de las culturas Relativism Roughly put, is the view that truth and falsity, right and wrong, standards of reasoning, and procedures of justification are products of differing conventions and frameworks of assessment and that their authority is confined to the context giving rise to them. Ethnocentrism This concept has 2 major components Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 1. Judging another culture solely by the values and standards of one’s own culture. 2. Believing that your culture is superior to any others. 2. The cultural relativist argument against universalism PREMISE A If there is an objective ground for judgments concerning X (value, principle, conduct, behavior), then different cultures will not make different judgments concerning X PREMISE B Different cultures make different judgments concerning X (IT IS A MATTER OF FACT) CONCLUSION There is no objective ground for judgments concerning X 4 Claims of Cultural Relativism 1. There is no objective standard that can be used to judge one societal code better than another 2. The moral code of our own society has no special status; it is merely one among many 3. There is NO “UNIVERSAL TRUTH” in ethics; that is, there are no moral truths that hold for all peoples at all times (Dependency Thesis) 4. It is mere arrogance for us to try to judge the conduct of other people. a. We should adopt an attitude of tolerance toward the practices of other cultures Is Relativism really tolerant?? If you believe there are no moral rules, there can be no rule that requires tolerance as a moral principle Absurd Consequences of Cultural Relativism Morality reduces to aesthetic tastes If relativism is accepted, then racism, genocide of unpopular minorities, oppression of the poor, slavery, are as equally moral as their opposites First argument against Cultural Relativism Considering the example of “Greeks and Callatians”; the fundamental mistake in the Cultural Relativist Argument is that it attempts to derive a substantive conclusion about a subject (funeral practice) from the mere fact that people disagree about There are 3 parts of an argument ○ the conclusion DOES NOT follow from the premises 4 Additional arguments against Cultural Relativism 1. argument from values underlying practice 2. argument from moral experience 3. argument from moral change/evolution 4. argument from interrelatedness of cultures Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 3. Case Study: FGM and the cultural-relativist position On the relativist view, if a culture deems FGM as important and valuable, then it is the cultural relativists’ caution about adopting our own cultural values and simply attempting to export them (moral colonialism) Relativist Voices pro-FGM “Feminist sisters insist on denying us this critical aspect of becoming a woman by our unique and powerful cultural heritage.” “You don’t get to legislate your feelings of disgust or apprehension about the practices and preferences of others.” (Fuambai Sia Ahmadu) The comparative argument “Western women are themselves paying huge sums of money to have various forms of female genital surgery, for aesthetic reasons, without being demonized by their societies. And that in Africa it is done for highly powerful cultural reasons.” [Fuambai Sia Ahmadu] FGM and the universalist position: Do we have the right to judge other cultures? “The charge of "colonialism" presumably means that the norms of an oppressor group are being unthinkingly assimilated, usually to curry favor with that group. That is not at all what is happening in the case of FGM. In the United Nations, in Human Rights Watch, in many organizations throughout the world, and countless local villages the issue has been debated.” (Martha Nussbaum) Caring for Women “For me the ultimate rite of passage in Kenya – that cut at the heart of womanhood – proved to be transforming. I am grateful to the women who taught me about resilience and who let me tell their stories. Then as now, I am amazed that anyone would allow this. Because of them, my life’s work is devoted to caring for women.” (Stephanie Welsh) GLOSSARY Cultural Imperialism/colonialism Cultural imperialism is the process and practice of promoting one culture over another. Often this occurs during colonization, where one nation overpowers another country, typically one that is economically disadvantaged and/or militarily weaker. The dominant country then forces its cultural beliefs and practices onto the conquered nation. Cultural Relativism is the belief that cultures must be understood as the products of their histories, rather than judged by comparison with each other or with our own culture. Ethnocentrism is judging another culture solely by the values and standards of one's own culture; Believing that your culture is superior to any other. Fundamentalism is the position of those who maintain a system of superiority and prejudice against others, supporting acts of racial, national, class and gender injustice. Moral Relativism every person is a moral island unto herself Moral Skepticism is the view that there are no valid moral principles at all (or at least we cannot Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 know whether there are any) Pluralism diversity/heterogeneity is a social fact; pluralism is the positive value-orientation to that social fact. Universalism Monological ○ it is a form of fundamentalism, and by its nature denies pluralism Dialogical a) sense of normative commitment (the capacity to potentially commit oneself to norms that challenge or transcend one's traditional sociocultural context); b) interpretive perspective-taking (the capacity to understand another party's perspective from within her or his context of meaning); and c) social self-reflexivity (the capacity to gain critical distance from one's self-evident background assumptions) Comments Pluralism - - - the positive value orientation to the fact of cultural diversity Totalitarianism - - - Relativistas creen que ethnocentrism es la forma más comun que los universalistas asumen ○ consideran que todas las formas de Universalismo son Etnocentristas Lecture 04 - 21st March Global ethics “toolbox” First Tool - Moral theories What’s the right thing to do? Three main components/approaches a) consequentialism (es considerada enemiga de la b)) i) is the view that normative properties depend only on consequences. Whether an act is morally right depends only on the consequences of that act [WHAT REALLY MATTERS IS THE RESULT] ii) Principal Types 1) Ethical Egoism - - - consequences just for me 2) Group Consequentialism - - - consequences just for my group, nation, fellow believers, etc 3) Utilitarianism - - - consequences for everyone (i) all humans; (ii) all sentient beings, including animals (a) Definition. the correct social and moral goal is to make as many people as possible as happy as possible (b) el sacrificio de los demás en pro del greater good es algo que se puede esperar de esta teoria puesto que no existe como tal algo valioso, como lo es el respeto de los derechos de terceros (c) Padres Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 (i) Jeremy Bentham Principle of utility (the greatest food for the greatest number) es cuantitativo (ii) John Stuart Mill Principle of impartiality (everybody to count for one, nobody for more than one) Happiness should be understood as … pleasure es cualitativo (d) subtypes of utilitarianism (versions of happiness) (i) mental-state theory (Hedonism) Is happiness the same as pleasure? For Bentham, morality is about increasing or maximizing pleasure and decreasing or minimizing pain at the lowest cost possible Intuitive appeal: who would not agree that reducing pain and increasing pleasure should be at the heart of any moral theory it neglects the question of WHO gets the effect? of pleasure, and is considered a weak spot in the utilitarianism theory The “experience machine” by Robert Nozick a. hay cosas que nos importan más que otras, como experiencias sociales puesto que como seres humanos nos gustar realizar o tener ciertas cosas y no sólo tener la experiencia b. lo que se ve como happiness no es identico a lo que se conoce como un buen mental-state (ii) desire-satisfaction theory focus on desires ans preferences happiness is the attainment of those desires or preferences tends to correlate to technicalism? disadvantages such as a. content-neutrality people can be happy if their desires are fulfilled whatever their content (iii) objective theory is happines having what you need? focus on what is necessary for a happy life “objective list” of things that we ought to desire lo que está en riesgo es que no siempre se puede desarrollar o llegar al 100% de nuestro potencial está basada principalmente en la Pirámide de Maslow de Necesidades a. en la cima se encuentra lo de self-full potential b. se tiende a satisfacer las necesidades básicas (lower) Advantages a. all human beings must be morally important (impartialism) Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 b. happiness must be maximised and measured Disadvantages a. the ends really do justify whatever means, unlike deontological theories b. it fails to protect individuals (transplant case in 1985 by Judith J. Thompsom) b) deontology c) virtue theory Ethical situation: an agent taking an action which produces an outcome Second Tool - Political theories a) cosmopolitanism b) nationalism c) political realism Third Tool - Rights-based theories a) global human rights b) critiques of the rights framework Comments Utilitarianism vs FGM FGM is NOT intrinsically right or wrong What matters is the outcomes Betham ○ Fecundity - - - las acciones se van a seguir haciendo ○ Purity - - - no se seguira haciendo ○ Extent - - - el numero de personas afectadas por las acciones concurridas Given the pain involved, it seems likely that the utilitarian cost-benefit calculation would identify FGM as morally wrong, así como tambien el extend que esto representa (no afecta a NADIE más que a las “víctimas”) Weakenes against the FGM desde el punto de vista utilitario ○ Everyone should be considered impartially and in proportion to the utility, por lo tanto, the utiliatarian has to take into account also the people who support and take “benefit” from the practice (parents and husbands) ○ What if all these “beneficiaries” of female genital mutilation outnumber the women who suffer the burdens of the ritual?? la meta de maximizar los beneficios tiene CERO que ver con la obtención de beneficios puesto el dolor y las consecuencias que las mujeres tienen que pasar a raíz de este tipo de prácticas Lecture 05 Moral Theory - Deontology Deontology holds that some choices cannot be justifies by their effects; what makes a choice right is its conformity with a moral norm. What matter is the respect for the duty. Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 Types of Deontology Moral Duties 1. Divine command theories 2. Intuitionist theories 3. Rationalist (non-intuitionist) theories Kantianism Desirable ends definitely cannot justify bad means Morally right acts are those that quite simply one ought to do, irrespective of anything else; to use Kant’s word they are categorical Imperative All imperatives command either hypothetically or categorically. Hypothetical imperatives expresses the practical necessity of some possible action as a means to achieving something else that one wants or might want. A categorical imperative would represent an action as being objectively necessary in itself without regard to any other end. Categorical Imperative “Act only according to that maxim (The “subjective principle of volition” - your reason for acting) by which you can at the same time will that it should become a universal law.” - I. Kant The “ends not only means” criterion ○ “Act so that you treat humanity, whether in your own person or in that of another, always as an end and never only as a means.” - I. Kant Never ONLY as a means ○ Unacceptable way - never use a person merely as a means or instrument toward attaining other goals ○ Acceptable way - when you are “using” people as a means, you have to respect that they have ends of their own Advantages / Disadvantages of Kantianism for G.E. ADVANTAGE DISADVANTAGE It fits with the moral idea that some things are It reduces morality to rules always wrong It sometimes conflicts with moral experience It respects persons (inquiring murderer case) Kantianism and FGM Is it possible to argue that a rational person would wish that practising FGM could be universalised? Does FGM respect persons and treat them as ends in themselves? Virtue Theory Virtue ethics is person rather than action based: it looks at the virtue or moral character of the person carrying out an action, rather than at ethical duties and rules, or the consequences of particular actions. What matters is the whole of a person’s life. Motivations for prosocial behaviour egoist - reward Kantian - fulfillment of duty for duty’s sake Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 Virtue ethicist - being pious/benevolent An agent-centred morality What is the good person? “A good person is someone who acts for the sake of the highest good” What is the hights good? “The highest good is happiness” What is happiness? ○ The Aristotelian conception of happiness - - - “acting fairly” ○ Εὐδαιμονία = doing well and living well [according to virtues] with and for others ○ «Justice is a virtue in the most complete sense, since the use of it is that of complete virtue; and it is complete, since he who possesses, it can use it also towards another and not only for himself.» [Aristotle, Nicomachean Ethics, book E] The doctrine of the “golden mean” Virtue is a state of character, concerned with choice, lying in a mean. Finding the mean is basically acting “at the right times, with reference to the right objects, towards the right people, with the right motive, and in the right way.” Advantages / Disadvantages of Virtue Theory of Global Ethics ADVANTAGE DISADVANTAGE It is context sensitive It is difficult to apply globally It permitds appropriate partiality Conflicts of virtues are difficult to negotiate (see again the inquiring murderer case) Virtue Theory and FGM Argument based on Eudaimonia ○ Women should have the capability (the ability to choose) to have sexual pleasure in their lives Argument based on care ○ Care is a virtue ○ FGM is embedded in systems in which women are denigrated rather than cared of and they need to be challenged. Lecture 06 - 04th of April The Ethical Toolbox - Political Theories 1. Cosmopolitanism origen histórico - - - diogenes “I am a citizen of the world (kosmopolités)” Cosmopolitanism vs Autochthony (having been born from the soil) ○ political claims normally were used to exclude foreigners ○ claim of autochthony - - - athenian purity and superiority DEFINITION ○ the conceptual core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, are (or can and should be) citizens in a single community ○ what matter is sharing global obligations Main features Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 ○ Individuality - - - the individual that has moral worth, is the ultimate concern ○ Universality - - - cada individua debe de ser tratado de manera igualitaria art. 6 de la declaración universal de HR ○ Impartiality - - - las personas son el ultimate purpose para todos Similarities con ○ Kantianism - - - hace match con el segundo feature (universality) puesto que ambos velan porque las personas sean tratadas y vistas como iguales ○ Utilitarianism - - - hace match con el tercer feautre (impartiaity) puesto que Taxonomy of Contemporary Cosmopolitanism Types of Cosmpolitanism Moral (weak/strong) Institutional (Society of States (states center y esta basado en international law) / World States (esta basado en lo que se puede categorizar como cosmopolitan law)) Focus Human individuals Global institutions, structures and associations Claim All individuals have equal dignity Global distributive justice (moral status) Action Commitment to helping human Commitment to certain global beings as such political institutions ○ International Law is the law between the states, el cual busca que exista un sistema de soberanía autónomo entre los Estados, en el que exista poco o nulo involucramiento entre las partes. ○ Cosmopolitan Law is the law above states, la cual pretende que las normas globales establezcan estandares para las legislaciones estatales y la práctica de las mismas. World State or Transnational Democracy "Is the Westphalian map still helpful in a globalizing world?" asks Seyla Benhabib, "or do we rather need to start thinking across borders and boundaries to really achieve democracy and find solutions to the transnational claim for rights?". (Seyla Benhabib, Professor of Political Science and Philosophy at Yale University) Appiah on Cosmopolitanism “We do have responsibilities to everybody. The boundary of your state is not the boundary of your moral concern. That's the universal side of cosmopolitanism.” (K. Appiah, Professor of Philosophy and Law at New York University, 2012] Cosmopolitanism and FGM International obligations to avoid causing “serious bodily and mental harm” The entire global community is responsiblefor the rights of every individual FGM Legislation - - - the UN General Assembly declared a global ban on female genital mutilation in 2012. Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 2. Nationalism es dificil de definir puesto que es tradicional distinguir naciones de los estados (political entity soberana), sin embargo, en el contexto del curso NO debe de ser considerada como un ejemplo de Patrionism DEFINITION ○ is generally used to describe two phenomena (i) the attitude that the members of a nation have when they care about their national identity, and (ii) the action that the members of a nation take when seeking to achieve or sustain self-determination it is the direct opposite of cosmopolitism nationalistic claim - - - NO HAY/EXISTE EGOSIMO Nationalism + Self-Determination (es la esencia principal) ○ las personas son una nación y pueden tener una existencia auténtica debido a sus normas, tradiciones, ect ○ “All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely persue their economic, social and cultural development” [Declaration on the granting of independence to colonial countries and people, UN General Assembly Resolution 1514; 14 Dic 1960] ○ Self-Determination es propenso a ser abusada? To what extent should national interests be pursued? ○ Is national partiality more like “familial” partiality or more like racial partiality? Nationalism and FGM: the case of Kenya “The real argument lies not in the defence of the general surgical operation or its details, but in the understanding of a very important fact in the tribal psychology of the Kikuyu—namely, that this operation is still regarded as the essence of an institution which has enormous educational, social, moral and religious implications, quite apart from the operation itself.” [Jomo Kenyatta 1938] 3. Political Realism It can be considered as the “arch-enemy” of global ethics. The realist simply denies any conception of a global moral community and any global duties of justice. The “Melian Dialogue” case The right of the stronger to dominate the weaker ATHENIANS: “We both know that the decisions about justice are made in human discussions only when both sides are under equal compulsion, but when one side is stronger, it gets as much as it can, and the weak must accept that.” [Thucydides, History of the Peloponnesian War The war of all against all Realism claims roots chiefly in Thomas Hobbes “Man is a Wolf to man” (De Cive, dedicatory, 1 ). Comments El realismo debería de ser considerado como el archienemigo de la ética global (opinión prof) Political Theories and Social Justice ○ P.T. are centrally concerned with questions of justice (what claims can persons legitimately make upon one another or upon the state?) ○ emergen de situaciones reales Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 ○ el escoger una P.T. determina el framework que se va a usar para decidir que es o no es justo en la situatción dada Moral theories van de la mano con la conducta humana, mientras que las Political Theories van de la mano de los arreglos colectivos; practicas, instituciones, políticas, etc. (collective arrangements) What political frameworks are most likely to provide the conditions necessary for peaceful, even fruitful coexistence with others? ○ To what extent should national interest be pursued? ○ is national partiality more like “familial” partiality or more like racial partiality? Lecture 07 The Ethical Toolbox - Rights-based Theories Global Human Rights Human rights are norms that help to protect all people everywhere from severe political, legal and social abuses. Defining Features 1. Human rights are rights ○ rights held by individuals simply because they are part of the human species 2. Human rights are plural ○ they address a variety of specific problems and specific categories of needs 3. Human rights are universal ○ all living humans have human rights (Universal Declaration of Human Rights) 4. Human rights have high-priority ○ they are matters of “paramount importance” 5. Human rights are inalienable ○ you cannot lose human rights any more than you can cease being a human being 6. Human rights are interrelated ○ human rights are all connected to one another (civil, economic, political, social, cultural rights) 7. Human rights are interdependent ○ the level of enjoyment of one rights is dependent on the realization of other rights 8. Human rights are indivisible ○ all civil, cultural, economic, political and social rights are equally important The establishment of Human Rights The problem of “implementation” is the identification of a) right holders, who, by virtue of being human, have a claim to certain entitlements Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 b) duty bearers, who are supposed to act in such a way as to realize the entitlements associated with those claims Scope of state Human Rights obligations The duty to respect means that states must not act to interfere with the enjoyment of human rights The duty to protect requires states to ensure that others do not infringe or block access to human rights The duty to fulfil means that states must take positive action to facilitate the better enjoyment of human rights International Criminal Court (ICC) An intergovernmental organization and international tribunal which has the jurisdiction to prosecute individuals for the international crimes of genocied, crimes against humanity, and war crimes. The ICC began functioning on July 1st, 2002, the date that the Rome Statute entered into force. The history of Human Rights Philosophical claim: the existence of a truly universal moral community comprising all human beings. Its origins are in “Natural Law” tradition. 1. Aristotle (384 – 322 B.C.E.) 2. Roman Stoics (Cicero [106 - 43 B.C.E.], Seneca [1 BCE – 65 C.E.]) 3. Thomas Aquinas (1225 – 1274 C.E.) 4. Hugo Grotius (1583 – 1645 C.E.) 5. John Locke (1632 - 1704 C.E.) a. Two Treatises of Government (1688) Individuals posses natural rights, independently of the political recognition granted them by the state. Types of Rights - The Hohfeldian framework of analysis Primary Rules ○ Liberty or privilege A has a privilege to do X if and only if A has no duty not to do X. Ex.: You have a liberty to pick up a shell that you find on the beach ○ Claim (negative/positive) A has a claim that B do X if and only if B has a duty to A to do X Ex.: the child’s claim-right against abuse correlates to a duty in every other person not to abuse him Secondary Rules ○ Power A has a power if and only if A has the ability to alter her own or another's Hohfeldian elements Ex.: a neighbor waives his claim that you not enter his property by inviting you into his home Ex.: The state has a general power to impose taxes via legislation and the citizen (or other legal person) is liable to be subject ○ Immunity B has an immunity if and only if A lacks the ability to alter B’s Hohfeldian elements. Ex.: the U.S. Constitution’s First Amendment right of freedom of religion. Negative and Positive Rights NEGATIVE - - - the duty of others not to interfere in the exercise of a person’s rights POSITIVE - - - the duty of the government and other agencies to facilitate the exercise of our rights Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 Hohfeld’s table of jural correlatives/opposites OPPOSITES ○ if A has a claim, then A lacks a no-claim ○ if A has a liberty, then A lacks a duty CORRELATIVES ○ if A has a claim, then B has a duty ○ if A has a liberty, then B has a no-claim OPPOSITES ○ if A has a power, then A lacks a disability ○ if A has a immunity, then A lacks a liability CORRELATIVES ○ if A has a power, then B has a liability ○ if A has a immunity, then B has a disability An example of positive rights can be the basic right to adequate food. Human Rights and FGM You have POWER to waive, annul or transfer your CLAIM against others not to violate your body IMMUNITY against other altering your CLAIM against others not to violate your body LIBERTY (PRIVILEGE) to control your body The Cairo declaration for the elimination of female genital mutilation (2003). Article 13 - “he age of a girl or woman or her consent to undergoing FGM should not, under any conditions, affect the criminality of the act.” Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 Lecture 08 - 11th April The Ethical Toolbox - Rights Theories Critics of the Rights Framework Bentham constituye de las mas influenciales acerca de los derechos dismiss the idea of natural rights - human rights as a “nonsense upon stilts” los natural rights, especialmente en Inglaterra, estaban asociados con los franceses (quienes simpatizaban con ellos) o quienes han instigado el “verdadero terror” ○ PHILOSOPHICAL CRITIC Natural rights are NOTHING but a fallacy Society can provide no evidence of these fallacious rights It is impossible to have rights without a government or without law ○ Jean Jacks-Russo tmb pensaba que la sociedad corrompe... All societies are formed by force and established by habit ○ POLITICAL CRITIC Thinks the French Declaration, as he says, “sows the seeds of anarchy broadcast” piensa que los human rights son una herramienta anarquista The Declaration does this, he says, because its tactic message is “People, behold your rights! If a single article of them be violated, insurrection is not your right only, but the most sacred of your duties” Marx “We note the fact that the so-called rights of man, the men rights as distinct from the citizen rights, are nothing but the rights of a member of civil society, the rights of egoistic man, of man, separated from other men separate from other men and from the community.” [K. Marx, On The Jewish Question, 1844] los HUMAN RIGHTS estan linkeados con la ideología Criticism to the right of Private Property ○ “The right of man to the property is the right to enjoy his possessions and dispose of the same arbitrarily without regard for the other men, independent of society, the right of selfishness” embracing HR can be a challenge for... está encontra del egoísmo capitalista en cuanto a los HR Feminism The feminism critique of HR argues that in practice, those who hold HR are men and not women, and that gender equality, and freedom from discrimination for women, is given a low priority in the international arena [O. Reitman] Women rights are HR Violence against women as a HR violation ○ “Discrimination against women violates the principles of equality of rights and respect for human dignity” - Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Non-Western Human rights = “moral colonialism” East v West? Human Rights and FGM: The case of Tanzania It is a HR issues debido a que en la práctica viola al menos 5 HR right to be free from gender discrimination Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 right to life and physical integrity right to health rights of the child right to be free from turture ○ este puede llegar a ser un tanto controversial puesto que menciona que uno de los prerrequisitos de la tortura es el intend to do harm (intension) y en el caso de FGM “culturalmente” no se encuentra constituido puesto que a través de dicho ritual, la mujer/niña obtiene aceptación de la sociedad The political will of the international community through the gender equality and the target 5.3 onf the 2030 Agenda, which establece la eliminación de forced marriges and genital mutilation Human Rights Council Resolution 2016 - “Elimination of FGM” 1. special emphasis on education 2. provide information and raise awareness about the harmful effects of FGM 3. adopt national legislation prohibiting FGM 4. develop comprehensive policies to combat FGM 5. provide assistance to victims of FGM 6. systematize, as appropriate, collection of data on FGM 7. increase technical and financial assistance for the effective implementation of policies, programs and action plans to eliminate FGM 8. continue to give special consideration to the question of the elimination of FGM CASE OF TANZANIA FGM is a deeply- entrenched cultural practice This is despite the fact that the country has ratified a number of international and regional human rights instruments The Maputo Protocol (2005) ○ it is binding for whatever country ratifies it ○ Art. 5 - “States parties shall prohibit and condemn all forms or harmful practices which negatively affect the human rights of women and which are contrary to recognized international standards” se pueden aplicar sanciones para quienes no los cumplan awareness to educational information Legal Measures ○ Constitutional Provisions Right to equality and non-discrimination (art. 12) Right to life (art. 14) Legislative Measures ○ Penal Code, section 169A “Any person who, having the custody, charge or care of any person under 18 years od age, ill treats, neglects or abandons that person or causes FGM or carries or causes to be carried our FGM or procures that person to be assaulted, ill-treated, neglected or abandones in a manner likely to cause him suffering or injury to health, including injury to, or loss of sight or hearing or limb or organ of the body or any mental derangement, commits the offence of cruelty to children.” What happens when the conflicting international and local norms collide?? given awareness of the international norm, individuals may or may not choose to change what they think, what they do, and what they say - K. Cloward Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 Lecture 09 Global Poverty pt.1 The problem of poverty The World Bank Group is one of the worl’s largest sources of funding and knowledge for developing countries. Its five institutions share a commitment to reducing poverty, increasing shared prosperity, and promoting sustainable development. To end extreme poverty by reducing the share of the global population tha lives in extreme poverty to 3% by 2030. To promote shares prosperity by increasing the incomes of the poorest 40% of people in evert country. Poverty is a multidimensional phenomenon, that takes importance of reducing poverty and making sure the voices of the poor are heard. What kind of problem is poverty? An economic issue = unfair distribution A medical issue: Z59.5 ○ “Poverty, this report shows, is the world's deadliest disease. It wields its destructive influence at every stage of human life, and for most of its victims the only escape is an early grave. Poverty provides that too: while life expectancy is increasing in the most developed countries, it is actually shrinking in some of the poorest.” [Hiroshi Nakajima, DirectorGeneral, World Health Report 1995 -Bridging the Gaps] A political issue: care of the poor ○ Queen Elizabeth I The “Poor Relief” Act 1601 ○ War on Poverty - 1964 “Unfortunately, many Americans live on the outskirts of hope – some because of their poverty, and some because of their color, and all too many because of both. Our task is to help replace their despair with opportunity. This administration today, here and now, declares unconditional war on poverty in America. I urge this Congress and all Americans to join with me in that effort.” [Lyndon B. Johnson: "Annual Message to the Congress on the State of the Union.," January 8, 1964] An ethical issue: why assist people living in poverty? ○ “The ethics of poverty is understood as the principles and processes of justification employed to justify assisting people in poverty” [A. Barrientos, A.-G. Abdulai, D. Demirag, R. de Groot, L.P. Ragno, Why Assist People Living in Poverty? The ethics of poverty reduction, 2016] Beliefs and ideologies about poverty Personal views and perceptions about the causes of poverty [J. Feagin, 1975] Types of beliefs a) INDIVIDUALISTIC i) poverty is poor people’s fault b) STRUCTURALIST i) poverty is the economic system’s fault c) FATALISTIC i) poverty is a misfortune Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 Blaming the poor for their poverty “Natural and moral evil seem to be the instruments employed by the Deity in admonishing us to avoid any mode of conduct which is not suited to our being, and will consequently injure our happiness. […] if we multiply too fast, we die miserably of poverty and contagious diseases.” [Thomas Malthus, An Essay on the Principle of Population, 1798] UDHR Art. 25: The right to an adequate standard of living ○ “Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” Measuring Poverty: the income perspective “A person is considered poor if his or her income level falls below some minimum level necessary to meet basic needs. This minimum level is usually called the "poverty line". What is necessary to satisfy basic needs varies across time and societies. Therefore, poverty lines vary in time and place, and each country uses lines which are appropriate to its level of development, societal norms and values.” - The World Bank Alternative ways to measure poverty A) Basic needs approach FEATURE BASIC NEEDS APPROACH Conceptual basis people must have minimum subsistence Poverty definition deprivation of consumption Poverty reduction ensure adequate access to consumption Policy objective subsistence Power relationship paternalistic: little scope for voice of the poor Level of application generalized, but allows regional diversities B) Capability or empowerment approach FEATURE CAPABILITY APPROACH Conceptual basis people should have equal freedom to choose their valued ways of life Poverty definition deprivations of opportunities Poverty reduction ensure equal opportunities so that people can make choice Policy objective empowerment Power relationship deliberative, people share concerns and shape policies Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 Level of application multiple levels, but emphasis on location Poverty: A multidimensional phenomenon The Copenhagen Declaration and Programme of Action - World Summit for Social Development (1995) “Poverty has various manifestations, including lack of income and productive resources sufficient to ensure sustainable livelihoods; hunger and malnutrition; ill health; limited or lack of access to education and other basic services; increased morbidity and mortality from illness; homelessness and inadequate housing; unsafe environments; and social discrimination and exclusion. It is also characterized by a lack of participation in decision-making and in civil, social and cultural life.” Singer’s Utilitarian Approach There is a duty to provide famine relief. In an interdependent world, utility imposes an obligation on all moral actors to take measures to prevent hunger and starvation. Backstory: East Bengal, 1971 “As I write this, in November 1971, people are dying in East Benegal from lack of food, shelter, and medical care.” [P. Singer, Famine, Affluence, and Morality, in Philosophy & Public Affairs, Vol.1, No.3 (Spring, 1972)] Background Thesis “The suffering and death that are occuring there now are not inevitable, not unavoidable in any fatalistic sense of the term.” The argument 1) “I begin with the assumption that suffering and death from lack of food, shelter, and medical care are bad.” 2) “My next point is this: if it is in our power to prevent something bad from happening, without thereby sacrificing anything of comparable moral importance, we ought, morally, to do it.” a) Comparable moral significance principle The drowning child thought experiment “If I am walking past a shallow pond and see a child drowning in it, I ought to wade in and pull the child out. This will mean getting my clothes muddy, but this is insignificant, while the death of the child would presumably be a very bad thing.” ○ Argument’s conclusion «When we buy new clothes not to keep ourselves warm but to look "well-dressed" we are not providing for any important need. We would not be sacrificing anything significant if we were to continue to wear our old clothes, and give the money to famine relief. By doing so, we would be preventing another person from starving. It follows from what I have said earlier that we ought to give money away, rather than spend it on clothes which we do not need to keep us warm.» Is it too drastic a revision of our moral scheme? “Now, according to the natural order instituted by divine providence, material goods are provided for the satisfaction of human needs. Therefore the division and appropriation of property, which proceeds from human law, must not Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 hinder the satisfaction of man's necessity from such goods. Equally, whatever a man has in superabundance is owed, of natural right, to the poor for their sustenance.” [Thomas Aquinas, Summa Theologica, II-II, Question 66, Article 7] CONSEQUENCES ○ Proximity or distance are morally insignificant ○ The number of people who could perform the saving action is morally insignificant Lecture 10 - 02 nd of May O’Neill’s critique of Singer’s approach Starting point - Focus on action Simply knowing the facts is not enough: «We could list the facts of world hunger, poverty, and famine endlessly. But facts alone do not tell us what to do. What surely matters is action. But here we meet a problem. Which action we advocate depends partly on our perception of the facts, and this perception itself depends partly on the particular ethical outlook we adopt. Both our perception of problems and our prescriptions for action reflect our ethical theory.» (O. O’Neill) Critique of Singer’s Approach a) Some food aid policies have actually harmed those whom they were intended to benefit or to benefit those who were not, in the first place, the poorest b) The benefits of aid are often diverted to those who are not in the greatest need Looking first at obligations Any claim that there are “welfare” rights is mere rhetoric unless the corresponding obligations are justified and allocated. “When we talk about obligations, we are speaking directly to those agents and agencies with the power to produce or refuse changes.” - O’Neill Further Principles of Justice Non-Coercion “Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means but always at the same time as an end.” - KANT “To use someone as a mere means is to involve them in a scheme of action to which they could not, in principle consent.” - O'Neill Non-Deception Obligation of Justice? First formulation of the Categorical Imperative Act only on that maxim, through which you can, at the same time, will that it should become a universal law Do we have a duty to help those who are in need?? The egoistic maxim and the categorical imperative test ○ Formulate the maxim - - - “I will not help other” Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 ○ Universalize the maxim into a universal law - - - “No one ever helps anyone else.” ○ Imagine trying to will yout maxim in such a world - - - “What would the world be like if no one ever helped anyone else” ○ Contradiction Step - - - “Is there a contradiction that follows when you imagine trying to will your maxim in a world in which your maxim is universally followed law?” CONTRADICTION STEP You will live in a world in which no one ever could help anyone else, BUT every man who finds himself in need wishes to be helped by other men. Kant's conclusion on the duty of beneficence “To be beneficent, that is to promote according to one’s means that happiness of others in need, without hoping for something in return, is every man’s duty” it is a duty that everyone should follow Para Kant ser egoista es “imposible” desde el punto de vista ideológico ○ si somos seres racionales, estamos en una posición de poder universalizar diversos principios/cosas What does Kantian beneficence mean in time of famine? ○ Maxim of beneficence - - - “don’t use others as mere means BUT develop or promote others’ ends and, in particular, foster others’ capacities to pursue ends, to be autonomous beings.” - O’Neill This means can be encapsulated by the famous Chinese problem “if you feed a man a fish you feed him for a day, BUT if you teach a man to fish you are feeding him for a lifetime.” O’Neill vs Singer For Singer, benevolence, as a duty derives its rightness from the consequences involved with it. Meanwhile, for O’Neill, our duty to aid is based on the respect I ought to have for the person’s humanity, which has intrinsic worth. Pogge’s Negative-Rights Approach Pogge denies that duties to the poor are positive duties, and reframes them as negative duties. Evitar causar daño a terceros a través de nuestras acciones. Horrendous facts and figures “The annual death toll from poverty-related causes is around 18 million, or one-third of all human deaths, which adds up to approximately 270 million deaths since the end of the Cold War.” Su primer punto es que somos responsables de manera directa - - - Think about the unthinkable “Few realize that sever poverty is an ongoing harm we inflict upon the global poor. If more of us understood the true magnitude of the problem of poverty and our causal involvement in it, we might do what is necessary to eradicate it.” ARGUMENT “We are harming the global poor if and insofar as we collaborate in imposing an unjust global institutional order upon them. And this institutional order is definitely unjust if and insofar as it foreseeably perpetuates large-scale human rights deficits that would be reasonably avoidable through feasible institutional modifications.” depende en la premisa de que world poverty y global hunger esta sostenido por western economies and institutions. ○ se concentra en lo que está ignorado típicamente, el rol de las instituciones; factores; etc Downloaded by Christian Loda ([email protected])  lOMoARcPSD|20282625 The duty not to harm “How can there be a moral difference between paying the General Sani Abacha-the Nigerian strongman who kept the winner of the annulled 1993 election in jail and has executed numerous political opponents and stealing the oil outright? The duty no to harm is incumbent on us all SO there should be no difference at all Key objections and Pogge’s repplies 1. Alleviating poverty in other countries may be a generous act, but doing so is not our moral duty a. Reply - - - “By contrast, we have a negative duty to address the poverty we have caused and this is not an optional duty of charity” 2. Poverty is caused by the unstable and corrupt regimes of poorer and developing countries. There is no duty for other nations to alleviate it a. Reply - - - “By contrast, we recognize, trade with or interact with such regimes; so we have a duty to stop causing suffering” 3. We have stronger positive duties to help those nearer to us than those further way a. Reply - - - “By contrast, negative duties are universal and take precedence over positive duties.” CONCLUSION “Whenever you are in doubt, or when the self becomes too much with you, apply the following test. Recall the face of the poorest and the weakest man/woman whom you may have seen, and ask yourself, if the step you contemplate is going to be of any use to him/her. Will he/she gain anything by it? Will it restore him/her to a control over his/her own life and destiny?... Then you will find your doubts and yourself melt away.” [Gandhi, 1947] The moral challenge of invisibility “If your act of immorality were invisible to the world, if you could behave immorally and nobody would see you, so that your reputation remained unscathed, how is it that you would behave?.” (T. Gendler) Downloaded by Christian Loda ([email protected])