The Ethics of Human Rights (44): Human Rights Between Cosmopolitanism and Partiality

Cosmopolitanism and partiality (or parochialism if you don’t mean it in a negative sense) are two very strong and yet contradictory moral intuitions. Let’s start with the former. Most of us have a strong sense of the arbitrariness of national borders. The accident of being born on one or the other side of a border – just like the accident of being born black or female – shouldn’t have any moral weight and shouldn’t determine one’s life prospects, as it unfortunately does.

As a result of this intuition, we believe that all people have the same moral worth, and this in turn convinces us that we shouldn’t condone the notion that the suffering or oppression of a fellow-citizen is more urgent or more important than the equal suffering of someone far away. There is something like humanity and all members of the human species have equal value. Being partial and favoring the alleviation of the suffering of some over the alleviation of the suffering of others, just doesn’t sound like the right thing to do. We should help people because they are human beings, not because they are compatriots. If I see a compatriot and a foreigner drowning in a pool I have no reason to save one before the other.

That’s the cosmopolitan intuition. On the other hand, there’s an equally strong intuition favoring some level of partiality. A father watching his daughter and her friend drown in a pool is allowed to save his daughter first if he can save only one. People care more about their friends and family than about strangers, and that’s completely uncontroversial. A bit less uncontroversial but perfectly common is the fact that citizens of a country – through their tax payments – typically provide relatively generous social security and welfare to their fellow-citizens and much less development aid, even though the beneficiaries of development aid are much less well off than many of the beneficiaries of the welfare state. Countries also impose immigration restrictions as a means to protect the prosperity of their reasonably well off citizenry, even if doing so means condemning foreigners to poverty. And finally, states generally enforce the other human rights of their citizens (poverty is a human rights violation) much more rigorously than the rights of foreigners.

Without staking out my position regarding these two contradictory intuitions, I would argue that imposing strict immigration and aid restrictions means taking partiality too far and that we should have more migration, more global redistribution and more international intervention aimed at the protection of human rights. However, you can demand this and still favor some level of partiality over strict cosmopolitanism.

So, the conclusions people draw from the partiality intuition aren’t always morally defensible, but the intuition itself is. And the same is true for the cosmopolitan intuition. In what follows I will ignore those who draw extreme conclusions from either intuition because they tend thereby to ignore the other intuition. Extreme nationalists, chauvinist patriots, racists, “ethical egoists” à la Rand etc. on one side, and the much less numerous “uprooted” citizens of the world and the corporate or non-governmental “modern nomads” who ridicule origins and meaningful national affiliations on the other side. It’s generally not a good idea to deny strong moral intuitions, and certainly not in this case. So I’ll focus on those who recognize the two intuitions and somehow try to juggle them.

How do people do that? Some choose one as the most important and believe that the other can only be followed in addition. Others just accept this as a case of irreconcilable value pluralism and believe that we can’t solve the dilemma. And still others deny that there’s always a conflict between the two intuitions.

Let’s look at those who favor the priority of partiality, see what reasons they have, and how those who favor cosmopolitanism respond. Many of those who favor the partiality intuition agree that we can and should do more to help others in distant places, but they also claim that we shouldn’t do as much for the billions of poor and oppressed people in the world as we do for our local charity, our relatives and friends and even our compatriots. They believe that once we’ve provided a minimum of care and aid to humanity in general, we’re allowed to focus our attention on a partial group or a limited circle of people that have a special meaning to us. They may provide different reasons for this claim. Let’s look at a few and at the ways in which cosmopolitans can reply:

  • Parochialists may argue that we need global institutions similar to national ones in order to provide the same amount and quality of care and aid to humanity as a whole. For example, you need a global welfare state to provide social security to everyone, and an effective global judiciary to punish gross violations of human rights in despotic regimes elsewhere in the world. We can call this the institutional objection to cosmopolitanism. Cosmopolitans could point to the progress in international criminal justice that has already been made, and could also argue that international redistribution of resources doesn’t necessarily require a global welfare state.
  • Parochialist can defend their limited partiality by claiming that relatively small groups of people are best placed to help each other, and that long distance help isn’t the most effective. For example, local judiciaries are better placed to judge local human rights violations than “ivory tower” international institutions, and small groups of people are better able and more motivated to give each other material assistance. Closeness means that you can do more, and if you can do more you should do more. It also means that appeals to help will be better heard and be more persuasive. People far away simply don’t have the necessary information or motivation to help effectively. We can call this the effectiveness and motivational objection to cosmopolitanism. Cosmopolitans could reply that there’s a certain circularity in this argument and that globalization has eroded much of the salience of closeness. I can go to an internet site and donate money to a specific person thousands of miles away. And the modern media have made the suffering of such a person much more salient and motivating.
  • Parochialists can argue that relatively small groups of people are not only best placed to help each other, but have a right to help each other and should be allowed to do so before the international humanitarians come barging in. This is akin to arguments about self-determination and cultural relativism. Caring about other places on the globe means wanting to intervene in those places in order to promote human rights and alleviate suffering. Such intervention may amount to cultural aggression. We can call this the cultural objection to cosmopolitanism. I’ve argued against cultural relativism elsewhere so I won’t repeat myself here.
  • Parochialists may claim that partiality is the result of the importance of community membership. People want to belong to communities. This belonging is important for many reasons, notably for personal identity. In order to maintain a community, there have to be special duties towards fellow members. We can call this the community objection to cosmopolitanism. The cosmopolitan could argue that those special duties are different from the global duties imposed on us by human rights and humanitarianism and don’t diminish or replace those global duties.
  • Parochialists can argue that global duties and a global morality are meaningless concepts. Perhaps a real understanding of what a moral duty is can only arise from the communal traditions and language of a particular culture. Morality is then culturally situated, embedded and determined. Moral impartiality and global justice are then oxymorons. This objection to cosmopolitanism is related to the cultural objection, and we can call it the meta-ethical objection. A cosmopolitan could reply that this is a rather strange conception of morality. It’s not uncommon for people to be influenced by moralities from far away. Hence, it’s wrong to claim that morality is completely embedded in culture.
  • Parochialists can argue that cosmopolitanism and the need to treat everyone equally imply the imposition of excessive burdens on the wealthier members of humanity and would therefore be both unrealistic and unfair. Treating everyone equally would leave them with little for themselves and for their partial circle of care. None of them would still wear expensive watches or clothes, go on vacations or give their children an expensive education. We can call this the feasibility objection to cosmopolitanism. The cosmopolitan could answer in different ways. First, things aren’t entirely zero-sum as the parochialist seems to believe. For example, a well-educated child can more effectively help humanity. Hence, the two intuitions don’t have to cancel each other out and people don’t always have to choose. Love for humanity and love for certain people don’t necessarily clash. Secondly, even if it’s not feasible to help everyone, that doesn’t mean we have to be partial. The moral equality of all human beings may require that we select a random group of people to help, rather than our inner circle. Such a random choice would guarantee that we help strangers just as much as relatives, friends and compatriots, even though we can’t help everyone equally. The problem with such a random choice is that you need to know about people in order to be able to help (see the effectiveness objection above). The cosmopolitan could reply that random selection isn’t really necessary and that we can help a lot of people a lot more than we may think, without completely undermining our own wellbeing. It’s not absolutely clear that the world doesn’t hold enough resource to give everyone a decent life.

The Ethics of Human Rights (42): What’s the Best Approach to Distributive Justice?

What is distributive justice?

Distributive justice is a set of normative principles designed to guide the allocation of the benefits and burdens of economic activity. These benefits and burdens can be material goods and services, income, welfare or something else. Whatever they are, a theory of distributive justice will claim that they should be distributed or allocated to people according to some morally justified and morally just set of rules.

The assumption is that all government activity in some way affects the distribution of those benefits and burdens, whatever we do or believe, and that it’s important to guarantee that this distribution is done in a just way. So a theory of justice will propose rules for taking some benefits and burdens from people and giving them to others in a way that corresponds to ideals of justice.

Different types of distributive justice

Unfortunately, there isn’t one commonly accepted theory of justice. Different people have proposed different theories that describe different ideal methods of distributing different types of benefits and burdens. Some theories propose a more or less equal distribution of income; other theories focus on a more general understanding of benefits and talk about “welfare”. And some theories do not accept equal distributions and focus on desert. Etc. There are even some schools of thought that deny the justice of any sort of redistribution and argue that justice is about respecting property rights (libertarianism for instance). However, I’ll focus in this post on those who think that some kind of distributive justice is an important concern (which doesn’t imply that I believe that libertarianism is completely wrong about everything).

Let’s look at some of the more common theories and try to assess – superficially, I admit – what their respective merits are.

Strict egalitarianism

This theory of justice claims that all people should have the same level of material goods.

  • Advantages. This does seem to correspond to the basic moral rule that all people are owed equal respect.
  • Disadvantages. Different people have different needs, and so they need different and different amounts of goods. There’s also the problem of economic efficiency: strict equality removes incentives for economic productivity. Hence, it may result in overall wellbeing at a rather low level, making things worse for everyone. Conversely, everyone, even the worst off, can be made better off if goods/income/whatever are not distributed equally.

The Difference Principle

That last point was probably the origin of the so-called Difference Principle. This principle is part of John Rawls’ theory of justice. It does not demand strict equality as long as unequal distributions make the least advantaged in society better off than they would have been under strict equality. More precisely formulated: inequalities are to be to the greatest benefit of the least advantaged members of society. This principle is also called the maximin rule: an unequal distribution can be just when it maximizes the benefit to those who have the most minuscule allocation.

The justification of this principle is that higher incomes for more productive members of society provide those people with an incentive to be productive. And if they are productive, they produce more wealth, which can be used to benefit the least advantaged.

(Similar ideas can be found in sufficientarianism and prioritarianism).

  • Advantages. Contrary to egalitarianism, the focus is on the absolute wellbeing of the least advantaged, rather than their relative wellbeing, i.e. their (un)equal position. Hence, we avoid the egalitarian destruction of incentives and the resulting risk of leveling down.
  • Disadvantages. People’s relative positions are to some extent morally important. See this older post for a list of reasons why this is the case. Rawls does have a partial response to that concern because he argues that the inequalities permitted by the difference principle should be consistent with another rule of justice, namely the equality of rights and liberties. For example, high income inequality may make it impossible for people at the wrong end of this inequality to participate in democracy, to have their views represented and to get elected. Hence, Rawls argues for some corrections of inequality when inequality of resources negatively affects equal liberty. However, other disadvantages of inequality receive less attention. Another disadvantage of the Difference Principle is that it ignores desert.

Desert-based principles

It’s plausible to claim that a just distribution of goods should give people what they deserve, at least partially. We intuitively believe that at least some of the inequalities in life are deserved. People who work hard or contribute a lot to society deserve a higher level of wealth/income/welfare etc., even if such inequalities do not improve the position of the least advantaged. The hard working should not be forced to subsidize the lazy. They don’t deserve to be forced in this way, and the lazy don’t deserve to benefit in this way. (Many desert-based theories of justice are based on Locke’s theory of property).

Desert-based theories of justice claim that distributive systems are just insofar as they distribute benefits and burdens according to desert, at least partially. (This goes back to Aristotle).

  • Advantages. Desert is a strong moral intuition and it is therefore important to incorporate it in a theory of distributive justice. Theories that fail to do so will always seem unjust.
  • Disadvantages. We can make mistakes when deciding that some or other activity is deserving or meritorious. Distributions based on such mistakes will only be just by chance. But even when we don’t make these mistakes, it’s hard to measure and compare desert (is art more meritorious than science?). In addition, we can fail to identify real desert. Apparent desert may in fact be based on undeserved endowments. And that’s where luck egalitarianism comes in. (More problems with desert are described here).

Luck egalitarianism

Luck egalitarianism can be viewed as a desert-based type of justice. It proposes to redistribute the benefits and burdens that people don’t deserve and that result from bad luck, for example the bad luck of being born poor, in a poor country, without talents etc. Bad luck in the initial distribution of natural or social endowments should not affect one’s life prospects or distributions of income/wealth/etc. People don’t deserve those endowments and hence don’t deserve the distributions that result from it. These distributions therefore need to be corrected and equalized. After having equalized people’s starting positions in life, we have to let people free to decide what to do with their lives. Those decisions are their responsibility and hence they deserve the outcomes of their decisions. After corrections for endowments, people who work deserve the benefits of their work, and people who are lazy or careless deserve the results of their laziness or carelessness.

  • Advantages. Luck egalitarianism avoids the pitfalls of both crude desert-based justice and strict egalitarianism.
  • Disadvantages. There may be cases in which people who bring bad luck or suffering on themselves still have a claim to assistance. Also, luck egalitarianism produces some bad incentives and can be seen as demeaning (go here for more detail).

International distributive justice, or cosmopolitan justice

A small detail in the theory of luck egalitarianism has far-reaching consequences. Among other things, people don’t deserve the places in which they are born. And yet, those places can determine whether you are rich or poor, free or persecuted etc. To some extent, poverty and persecution are just bad luck, the bad luck of being born in the wrong country. Residency and citizenship are as morally arbitrary as race, gender, natural endowments etc. No theory of justice that takes the equality of human beings serious can ignore the unequal distributions caused by the place of birth, and has to correct these distributions. Arbitrary facts about places of birth, border, residency or citizenship – just like genetic defects, race, gender etc. – cannot be allowed to determine people’s lives. Limiting the principles of justice to citizens or residents is unacceptable.

That means that redistribution should be international and not just between citizens of a particular country. Of course, it’s plausible that people have more responsibilities to those closer to them: parents have more responsibilities towards their children than towards the rest of humanity; friends should help each other etc. Closeness is morally relevant because it means more power: the closer you are to someone, the easier it is to help. But equal dignity and equal respect for all human beings is also morally relevant, and closeness therefore doesn’t mean that people who are far away and who are unknown to you and unrelated to you can’t legitimately demand assistance.

Preference to people close to you – and those people can perhaps include fellow nationals rather than just family and friends – shouldn’t be the only or overriding concern. We want to avoid chauvinism, parochialism and egoism. The metaphor of the family can turn nationalism into something very nasty. And anyway, the salience of closeness has been substantially reduced by technology: nowadays, it’s easy to send money abroad for example.

Still, in some plausible conception of international justice there can be room for some form of differentiation of duties towards fellow citizens and foreigners. International or cosmopolitan justice is therefore possibly coherent with the Difference Principle: international inequalities are acceptable if they improve the position of those who are globally worst off (although Rawls himself did not believe this because he correctly pointed to the absence of global institutions, and institutions are crucial to his theory).

  • Advantages. International (or cosmopolitan) justice points to the ultimate consequences of liberal egalitarianism. If women, racial or religious minorities and people burdened with bad luck should be treated equally, why not foreigners? Borders are indeed just as arbitrary from a moral point of view as gender, race or talent and they can’t, therefore, determine distributions. International justice assumes all the consequences of the theory of human equality and makes the theory of justice more coherent compared to theories that focus on domestic distribution only.
  • Disadvantages. International justice can burden the citizens of wealthy countries with extreme and unbearable responsibilities. After all, we want a coherent system of justice that treats people equally regardless of their place of birth. So it’s not just that rich countries have to prevent starvation and genocide abroad. That seems to be difficult enough already, but international justice makes things even more difficult because it gives people abroad the same benefits and burdens as citizens. That can imply, for example, completely open borders or far-reaching redistribution leading to substantially reduced welfare levels in rich countries. Another problem is more practical: it’s not clear how international redistribution should take place. In the case of national distribution there is a state taking care of it. Not so on the global level.

Distributive justice across generations

The same reasons that argue against the moral salience of closeness in space argue against the moral salience of closeness in time. The fact that some people will be born after our death isn’t a good reason to impose burdens on them. Hence, our distributive principles should take into account the interests of future generations. It wouldn’t be just to design a system of distributive justice that takes care of the least advantaged among us, that removes the influence of bad luck suffered by the living, that preserves a place for desert, that is insensitive to borders, and that at the same harms the interests of future generations (for example because it fails to provide a good system for the management of natural resources). More here on transgenerational justice.

  • Advantages. Like international justice, transgenerational justice points to the ultimate consequences of liberal egalitarianism. If women, racial or religious minorities, people burdened with bad luck and foreigners should be treated equally, why not future generations? Time is indeed just as arbitrary from a moral point of view as borders, gender, race or talent and can’t, therefore, determine distributions.
  • Disadvantages. Again, like in the case of international justice, we run the risk of imposing enormous burdens on the present generations. Moreover, there’s the so-called repugnant conclusion: if we multiply the number of future people – which is potentially a very large number of people – then we run the risk of drowning the interests of present generations. A small benefit for a very large number of future people will then justify a very heavy burden on the limited number of people currently alive. However, this doesn’t mean that we should neglect the interests of future people.

Welfare-based principles

Theories of justice can also focus on welfare. According to welfare-based theories of distributive justice, the only value of goods, resources, desert-claims, equal freedom and even equality is their positive effect on welfare. Distributive principles should then be designed so that they enhance welfare. Welfare maximization is the only criterion to decide distributive rules.

Utilitarianism is the main welfare-based theory of justice. “Utility” can be understood as more or less identical to “welfare”. It can be defined as pleasure, preference satisfaction, happiness etc. According to utilitarianism, distributing benefits and burdens means distributing them in such a way that we maximize overall utility (i.e. overall preference satisfaction, happiness etc.). We have to choose the pattern of distribution that maximizes the sum of all satisfied preferences, of all instances of happiness etc. (unsatisfied preferences or unhappiness count as negatives, and some “higher” or more intense preferences may be weighted higher, depending on the type of utilitarianism we are talking about).

  • Advantages. Utilitarianism’s main advantage is its compatibility with freedom: it doesn’t prefer particular types of preferences, pleasure, happiness etc., and it therefore allows people to realize their own visions of the good life.
  • Disadvantages. What about evil preferences, such as hate and racism? If those kinds of preferences are widespread and the individual targets of those preferences are a minority, then the latter will suffer because overall wellbeing will be increased by allowing the realization of evil preferences. Also, it’s not because it’s rational for an individual to sacrifice some present preferences for a larger future gain, that it’s moral for a society to sacrifice individuals for the gain of the whole, as utilitarianism often requires. That is why some utilitarians have added rights or rules to their equations: preferences can only be satisfied when they don’t violate the rights of others.

Feminist approaches

Feminism has convincingly argued that the traditional theories of justice described above tend to ignore how distributive principles affect the fate of women, especially given the fact that women still have primary responsibility for child-rearing. Distributions within the family are usually not discussed in theories of justice. Therefore, these theories can be criticized as paternalistic or at least unwittingly supportive of paternalism. Many theories of justice include specific rules about the protection of the private sphere as an area that is off-limits for the government and hence for distributive efforts. So theories of justice have made themselves powerless to address gender inequality.

Conclusion: What’s the best approach to distributive justice?

So, after all this and if you’re still with me, what do we take away? Strict equality and simple utilitarianism seem the least appealing. And any coherent approach has to include rules that apply both nationally and globally, has to be gender sensitive and has to reserve some attention to desert. Intergenerational concerns are also hard to avoid if we want to maintain coherence, although perhaps we could limit the impact of the demands of future generations by claiming that actual suffering is more urgent than possible suffering.

This brings back the concern of the burden justice imposes on people. If we want to take the best of all the previously described approaches to distributive justice, we necessarily end up with a “thick” conception of justice, imposing a heavy burden. We have to take into account all people currently living, not just our fellow citizens, as well as people not yet born. And we have to give special attention to gender. But at the same time we don’t want to have a theory of justice that’s so burdensome that people will say: thank you but no thanks. It’s fine to have a coherent theory of justice but if this coherence leads to impossible demands on people or demands they are not (yet) willing to accept, then the practical use of that theory is nil.

One possible reaction to this concern about the burden of justice is the adoption of a prioritarian approach, and more specifically a global gender sensitive prioritarianism with a time preference: the worst off should get the most attention. For example, poor women currently living in a patriarchal society should be the first beneficiaries of redistribution. The disadvantage of this is that it will force us to abandon, temporarily, a lot of people we don’t want to abandon, for example welfare beneficiaries in rich countries. Or we could bite the bullet and say with Peter Singer that the burden is what it is and we should carry it. Morality may be more demanding than we had initially thought. Rather than adapting morality in order to diminish its burden, we just accept the burden.

More posts in this series are here.