Severe poverty as a violation of negative duties: reply to the critics.
Pogge, Thomas
BASELINES FOR DETERMINING HARM
Mathias Risse discusses whether the global system of territorial
sovereignty that emerged in the fifteenth century can be said to harm
the poorer societies. This question is distinct from the question I
raise in my book--namely, whether present citizens of the affluent
countries, in collusion with the ruling elites of most poor countries,
are harming the global poor. These questions are different, because
present citizens of the affluent countries bear responsibility only for
the recent design of the global institutional order. The effects of the
states system as it was shaped before 1980, say, is thus of little
relevance to the question I have raised. A further difference is that
whereas Risse's discussion focuses on the well-being of societies,
typically assessed by their GNP per capita, my discussion focuses on the
well-being of individual human beings. This difference is significant
because what enriches a poor country (in terms of GNP per capita) all
too often impoverishes the vast majority of its inhabitants, as I
discuss with the example of Nigeria's oil revenues (pp. 112-14).
(1)
My focus is then on the present situation, on the radical
inequality between the bottom half of humankind, suffering severe
poverty, and those in the top seventh, whose per capita share of the
global product is 180 times greater than theirs (at market exchange
rates). This radical inequality and the continuous misery and death toll
it engenders are foreseeably reproduced under the present global
institutional order as we have shaped it. And most of it could be
avoided, I hold, if this global order had been, or were to be, designed
differently. The feasibility of a more poverty-avoiding alternative
design of the global institutional order shows, I argue, that the
present design is unjust and that, by imposing it, we are harming the
global poor by foreseeably subjecting them to avoidable severe poverty.
The argument just summarized defines harm relative to a baseline
that is different from the three baselines Risse considers: on my
account, the global poor are being harmed by us insofar as they are
worse off than anyone would be if the design of the global order were
just. Now, standards of social justice are controversial to some extent.
To make my argument widely acceptable, I invoke a minimal standard that
merely requires that any institutional order imposed on human beings
must be designed so that human rights are fulfilled under it insofar as
this is reasonably possible. Nearly everyone believes that justice
requires more, that an institutional order can be unjust even if it
meets this minimal standard; and there is disagreement about what else
justice requires. But I can bypass these issues so long as we can agree
that an institutional order cannot be just if it fails to meet the
minimal human rights standard. Because the present global institutional
order falls short of even this minimal standard, and dramatically so, it
can be shown to be unjust without invoking any more demanding and less
widely acceptable standard.
Imagine for a moment a human world whose economic distribution
resembles ours, but whose inhabitants have just sprung into existence.
In this fictional world, the more powerful, constituting one-seventh of
the population, impose on the rest an institutional order that reserves
for themselves the vast majority of income and wealth, thereby leaving a
nonconsenting half of humankind with insecure access to the most basic
necessities. In regard to such a world, my argument and conclusion would
be obvious and all but irresistible. In such a world, clearly, the
global poor have a much stronger moral claim to the extra 1 percent of
the global product they need for secure access to basic necessities than
the powerful have to take 81 rather than 80 percent for themselves.
This thought experiment shows that if you, like most of this
world's affluent, do not find my argument and conclusion obvious
and irresistible, this is because the radical inequality of our world
does have a history. You must be assuming that this history renders the
moral claim the powerful have on the disputed a percent of the global
product stronger, or renders the moral claim the global poor have on
this disputed I percent weaker, than it would be without this history.
However widespread among the affluent, this assumption is wrong. To
show this, I discuss actual and fictional histories, including the three
additional (historical and counterfactual) baselines Risse considers. I
can do this in a purely defensive way. To protect my argument, all I
need to show is that considerations invoking such baselines cannot upset
my argument.
Risse rejects as excessively speculative counterfactual statements
to the effect that there is more severe poverty in the world today than
there would be if either humankind had settled into some Lockean state
of nature or if the continents had not been unified through European
conquest and colonization. There are no knowable facts, he thinks, on
the basis of which we could make such comparisons. This skepticism suits
me well. If such comparisons are unsound, then they cannot be invoked to
damage my argument. Then the moral claim the global poor have to the
disputed a percent cannot be undermined by showing that severe poverty
would have been at least equally bad without the European conquest or in
a Lockean state of nature. And our moral claim to the disputed 1 percent
cannot be bolstered by showing that we would have been no worse off
without the European conquest or in a Lockean state of nature.
Putting these two counterfactual baselines aside, "the
historical benchmark is the only benchmark among the three considered
that we can make sense of" (p. 14 right-hand column, this journal),
Risse writes, and judges that the last few centuries have brought
fabulous improvements in human well-being. This is quite true--at least
so long as we look at aggregates and averages. But if we look at
individual lives lived near the bottom, the statistics are less rosy.
According to the World Bank, the number of people living below its $2
per day international poverty line has increased from 2,478 million in
1987 to 2,735 million in 2001. (2) The number of chronically
undernourished human beings continues to hover around 800 million) And
the number of children under the age of five dying each year from
poverty-related causes continues to exceed 10 million, such an early
childhood death being the fate of 19 percent of all human beings born
into our world these days. (4) How do Risse's statistics help him
answer these individual human beings near the bottom when they ask us
how we can justify imposing a global order designed so that it
foreseeably produces a huge avoidable excess in misery such as theirs
year after year?
Risse's glorious aggregate statistics--the increase in the
global average income or in longevity--cannot silence these complaints.
To the contrary, they show that the affluence of the nonpoor is
increasing by leaps and bounds and that severe poverty is thus ever more
easily avoidable. Such statistics can only exacerbate the scandal of
severe poverty persisting on a massive scale.
Risse can say that, thanks to global population growth, the global
poor constitute a shrinking percentage of humankind. (5) Or perhaps he
can even say that, according to some statistical indicators, the world
poverty problem is shrinking even in absolute terms. Such progress is
better than no progress, to be sure. It means that severe poverty may
one day be eradicated from this planet and that, over all of human
history, fewer human beings will have suffered and died from severe
poverty than would otherwise be the case. But all this cannot lessen the
complaint of those who avoidably suffer and die against those who
confine them to a life in grinding poverty.
To see this, consider a parallel case involving slavery. (6)
Imagine once more a human world whose inhabitants have just sprung into
existence. In this world, the more powerful whites impose an
institutional order that facilitates and enforces the enslavement of
blacks. This order and its imposition are unjust. Clearly, blacks have a
strong moral claim to control their own bodies and labor power, and
whites have no moral claim at all to treat black people as tradable
commodities.
At this point, Risse's doppelganger enters the scene, arguing
that this conclusion about the imaginary world without history cannot be
simply transferred into the actual world of 1845, where the citizenry of
the United States was imposing an institutional order that facilitated
and enforced the enslavement of blacks. The actual world of 1845 was
different, says the doppelganger, because it had a history, and a benign
one at that: The proportion of slaves within the U.S. population (or
even the absolute number of slaves) had been shrinking, the nutritional
situation of slaves had steadily improved, and brutal treatment, such as
rape, whipping, and splitting of families, had also been in decline. Let
us stipulate, for the sake of the argument, that the doppelganger's
historical assertions are entirely accurate. Do they weaken, in any way,
the slaves' moral claim to legal freedom? Or do they support, in
any way, a moral claim by the citizenry of the United States to
perpetuate the institutional order that facilitated and enforced the
enslavement of blacks?
Faced with this challenge, Risse has opted to answer these
questions in the negative, thus dissociating himself from his
doppelganger's argument. He recognizes that this saddles him with a
new task. He must now explain why his invocation of an upward historical
trajectory should have moral relevance against the complaint by the
global poor when it has no moral relevance against the complaint by
slaves in the United States of 1845. Risse begins to do this by
highlighting three purported differences between the two scenarios:
Blacks "were relegated to an inferior status. This evil can also be
attributed to a group of perpetrators," and both groups were
"participants in a single society sharing economic and political
institutions" (p. 15 left-hand column this journal). Risse does not
say which of these points render historical improvements relevant to
present injustice, so let us consider all three.
The last two purported differences are easily denied: There is a
group of perpetrators in both cases--namely, the citizens of the United
States in 1845, and the politically influential global elite of the
affluent in zoos. And just as there was a single society with shared
social institutions in the United States of 1845, so there is now
"one continuous global society based on territorial
sovereignty" worldwide (p. 9 L, this journal).
The first difference is real: blacks were a rigidly designated
group of persons with inferior legal status, while the global poor are
not as such rigidly singled out and relegated to an inferior status by
current legal instruments. But why should this difference make a
decisive moral difference?
To see that it makes little moral difference, we need only imagine
the U.S. system of slavery modified so that anyone can fall into
hereditary slavery under universalistic rules, perhaps through failure
to repay a debt on schedule. Let us couple this modified system with the
previous stipulation that the proportion of slaves within the population
(or even the absolute number of slaves) has been shrinking, that the
nutritional situation of slaves has steadily improved, and that brutal
treatment has also been in decline. Do the stipulated historical
improvements, in this modified case, render justifiable the
citizens' imposition of an institutional order that facilitates and
enforces the enslavement of defaulting debtors and their progeny? If
Risse answers in the negative, then he still owes us an explanation of
why he thinks that a decline in the plight caused by severe poverty over
the last few centuries renders justifiable our continued imposition of a
global order that is designed so that it foreseeably reproduces
avoidable severe poverty on a massive scale.
The Content of Cosmopolitanism
I respond only briefly to the second half of Risse's critique
because I fully agree with him that we should reject what he calls
"Pogge's claim that the sheer existence of states harms the
poor" (p. 17 L, this journal). It is true that I consider myself a
cosmopolitan. But if it is posited that "cosmopolitans take the
existence of states, and a global order composed of them, to be wronging
individuals by failing to respect their moral equality" (p. 15 L,
this journal), then I must decline the label. I am not a cosmopolitan in
this sense, because I do not believe Risse's empirical assertion
that "the existence of states entails that life prospects differ
vastly and are largely decided by birth" (p. 15 L, this journal).
As my proposal for a Global Resources Dividend (pp. 196-215) makes
clear, I think that radical inequality can be avoided and economic human
rights securely maintained within a global system of states.
To be sure, I have advocated a vertical dispersal of political
authority, which would expand the role and impact of supranational rules
and organizations (pp. 168-95). But this view has become rather
commonplace in the fifteen years since I wrote the essay on which that
chapter is based. In fact, precisely such an expansion has been
occurring and accelerating, paradigmatically in the ever more
consequential rules and agencies of the WTO and the European Union. If I
am to be characterized as a radical, then it should not be because I,
too, advocate such an expansion, but because the design of supranational
rules and organizations I envision differs substantially from the design
that is being implemented by the world's affluent and politically
influential.
Here I agree with Risse that our present "global order is ...
imperfectly developed: it needs reform rather than a revolutionary
overthrow" (p. 18 L, this journal). Minor redesigns of a few
critical features would suffice to avoid most of the severe poverty we
are witnessing today. In this sense, we are not far from a global
institutional order that would satisfy the minimal human rights standard
of justice. But I cannot agree with Risse that we should therefore
refrain from calling the present global order unjust (ibid.). While the
reforms needed for the sake of severe poverty avoidance are indeed
small, the effects of our continued imposition of an unreformed global
order are immense. It foreseeably causes millions of avoidable deaths
from poverty-related causes each year. This is an imperfection. But it
is also a massive crime against humanity.
A MINIMAL STANDARD OF SOCIAL JUSTICE
Alan Patten correctly identifies my central conclusion: that we,
the citizens and governments of the affluent countries, in collusion
with the ruling elites of many poor countries, are harming the global
poor by imposing an unjust institutional order upon them. He rejects
this conclusion on the ground that it runs into a fatal dilemma. This
dilemma arises from two different interpretations of how I propose to
understand the word "unjust." On the one hand, he might
interpret me as endorsing a minimalist procedural conception of justice.
This conception would indeed be widely accepted (at least as part of a
plausible view of justice), and it would show the present global order
to be unjust. But overcoming this injustice would do little to reduce
the world poverty problem. On the other hand, he might interpret me as
endorsing a maximalist substantive conception of justice. This
conception would show the present global order to be gravely unjust. And
overcoming this injustice would eradicate or substantially reduce the
world poverty problem. But this conception is also much more demanding
than advertised and far too radical to be widely acceptable. Thus,
whichever way one interprets my argument, Patten concludes, it fails to
achieve its purpose.
Patten's dilemma leaves my argument undented because I do not,
and need not, accept either of his interpretations. Begin with the first
horn of his dilemma. My critique of the asymmetrical requirements WTO
rules impose on rich and poor countries suggests, Patten writes, "a
baseline of justice that is quite minimal and intuitive" (p. 22 R,
this journal). This is the procedural conception of justice that the
first interpretation presents me as invoking--though I think the word
"formal" might better capture what Patten has in mind: a
global institutional order is unjust if it treats like participants
unequally.
Patten correctly reports that I find the WTO treaty unjust on
account of the special exemptions and privileges the rich countries
managed to enshrine in it. Yet, when I point out a flaw in a novel, I am
not suggesting that any novel without this flaw is flawless.
Analogously, my critique of the WTO treaty does not suggest that any
institutional order without such special exemptions and privileges would
be just. I state often throughout the book, and also imply in its title,
that the standard of social justice I invoke is a human rights standard.
Evidently, an institutional order can be minimally fair, in the sense of
treating its participants equally, and nonetheless foreseeably reproduce
avoidable human rights deficits on a massive scale. That I would
consider such an order unjust is clear beyond any reasonable doubt.
So let us consider Patten's second interpretation of my view
and the objections he advances against it. I discuss these four
objections in a different order from his, showing along the way how my
view differs from Patten's second interpretation.
No Unduly Stretched Meaning of "Harm"
Patten's main objection is that my substantive standard of
social justice is so strong
that, in almost any situation in which an affluent
person is connected with a badly off person,
the affluent person will count as
"harming" the badly off person, so long as
there is some institutional scheme the affluent
person could bring to bear that alleviates the
suffering of the badly off. And this is tantamount
to saying that by failing to help
(through institutions) the affluent person
would be harming. (pp. 26-27, this journal)
This characterization of my view leaves out the fact that my
standard of social justice is sensitive only to human rights deficits.
More importantly, I hold affluent persons morally responsible for a
given human rights deficit only if four further conditions are all met:
The affluent persons must cooperate in imposing an institutional order
on those whose human rights are unfulfilled. This institutional order
must be designed so that it foreseeably gives rise to substantial human
rights deficits. These human rights deficits must be reasonably
avoidable in the sense that an alternative design of the relevant
institutional order would not produce comparable human rights deficits
or other ills of comparable magnitude. And the availability of such an
alternative design must also be foreseeable. These five conditions are
surely not met by "almost any situation" in which someone can
help a badly off person. In particular, my minimal standard of justice
does not require us to create an institutional order with people whose
human rights are unfulfilled, even when we can foresee that its creation
would lead to the fulfillment of their human rights. (7)
Moreover, even when all five conditions are met, our obligation to
compensate is limited to the amount of harm for which we become
responsible by cooperating in the imposition of an unjust institutional
order. My standard of social justice entails not, then, an open-ended
duty to help the badly off, but a much narrower duty that is tightly
limited in range (to persons subject to an institutional order you
cooperate in imposing), in subject matter (to the avoidance of human
rights deficits), and in demandingness (to compensation for your share
of that part of the human rights deficit that is reasonably avoidable
through an alternative institutional design).
So there is no abuse of language. Incorporating the five
conditions, the standard of justice I employ really is minimal And I am
not "skillfully reconceptualizing the concept of harm" (p. 26
L, this journal) so that any failure to help counts as a harming. On my
view, you harm others insofar as you make an uncompensated contribution
to imposing on them an institutional order that foreseeably produces
avoidable human rights deficits.
Reaching Out to Libertarian Sympathizers With these matters set
straight, we are better able to tackle Patten's second objection,
which holds that few libertarians are likely to accept my standard of
social justice. He illustrates this with my statement that a national
institutional order is unjust when it gives rise to excessive domestic
violence that could reasonably be avoided through an alternative
institutional design. Patten objects that this view "rests here on
a normative premise that libertarians do not accept: namely, that
society should protect its most vulnerable members" (p. 27 R, this
journal). It should now be clear that I invoke no such premise, but
defend my statement quite differently: As citizens of this country, we
are collectively imposing an institutional order on all persons residing
within its borders. We hold ourselves entitled to promulgate rules and
to enforce them on all, irrespective of their individual consent, and we
hold them to be under an obligation to comply and liable to punishment
if they do not. It would be unjust to do all this to those living within
the jurisdiction we assert if the institutional order we impose on them
were not minimally just--that is, designed so that human rights deficits
are avoided insofar as this is reasonably possible.
Invoking not a positive duty to protect the vulnerable but a
negative constraint on which institutional schemes it is permissible to
impose, this line of argument may appeal to some libertarians. It is not
unlike Nozick's famous (but flawed) argument to the effect that
certain risky activities are permissible on condition of
compensation--which leads him to conclude that dominant protection
agencies may forcefully protect the rights of their clients only on
condition that they also offer minimal protection to the rights of all
those others living within range of their enforcement activities. (8) In
any case, among this world's affluent there are few full-fledged
libertarians, yet many who sympathize with their views. Most of these
sympathizers reject a general justice requirement for tax-funded
protection and aid of the vulnerable. But most also accept a justice
requirement for tax-funded suppression of assaults, including domestic
violence. This suggests that my argument is not in vain. Exactly
contrary to Patten's diagnosis, it can and is meant to reach those
who discard as phony or feeble all positive duties to aid and protect
the vulnerable. My argument can justify to them stringent obligations
toward the global poor that, like our obligations to suppress crime
domestically, derive from a negative duty not to harm others by
cooperating in imposing on them an institutional order that foreseeably
produces avoidable human rights deficits. Each of us can avoid harming
others in this way by making compensating protection and reform efforts
for the victims of the injustice to which we are also contributing.
Justice Is Consistent with Fair Procedures
Patten's third objection is that my standard of social justice
may run afoul of procedural fairness. The example he gives is that of a
world in which severe poverty can be avoided only if poor countries are
allowed to maintain protectionist barriers that are forbidden to rich
countries (p. 25 R, this journal). Protectionist barriers may not, in
fact, contribute to poverty avoidance, except perhaps for brief
transition periods. Patten's example may then be unrealistic. But
we can readily think of realistic examples: requiring higher tax
payments from the more affluent, or permitting poor but not rich
countries to impose currency controls against speculative inflows. My
minimal standard of social justice would require such institutional
asymmetries when they are needed to avoid human rights deficits. But I
do not find them problematic--certainly not if they are couched in
general terms. And I don't think that my endorsement of them is
inconsistent with my critique of the exemptions and grandfather clauses
through which the rich countries have served their own interests within
the WTO scheme. (9) These latter asymmetries were imposed by the rich
countries, without a sharable justification, through a naked exercise of
their superior threat advantage. They violate the rich countries'
own oft-proclaimed commitment to free and open markets, thus manifesting
deceit and hypocrisy. Most importantly, these special privileges have
foreseeably aggravated human rights deficits, adding uncounted millions
to the ranks of the global poor. (10)
Justice Is Not Unfair in Its Demands
Patten puts most emphasis on his fourth objection: "The main
problem I see with specifying the baseline in terms of the proposed
substantive conception of justice is that, in focusing so much on the
position of those who fall below the threshold, the proposal ignores
possible claims of justice among people who are above the
threshold" (p. 26 L, this journal). The example Patten gives is of
poor countries with persistent severe poverty that could be eradicated
either through domestic institutional reforms, imposing opportunity
costs on the domestic ruling elites, or through global institutional
reforms, imposing opportunity costs on the populations of the affluent
countries. The poverty persists because neither side is initiating the
requisite institutional reforms. The question Patten raises about this
scenario is whether it makes sense to say that the affluent countries
are harming the global poor. He rejects my affirmative answer as
"unfair" to the affluent countries on the ground that they are
counted as harming the global poor only because the ruling elites of the
poor countries are not fulfilling their obligation of justice to reform
their domestic institutional schemes.
But is my answer really unfair? It is true that I would not count
the affluent countries as causing severe poverty if the poor-country
elites fulfilled their duties of justice so that severe poverty is
avoided worldwide. But it is equally true that, in Patten's
example, I would not count the poor-country elites as causing severe
poverty if the affluent countries fulfilled their duties of justice so
that severe poverty is avoided worldwide. The two groups are treated
symmetrically: each counts as harming the poor and each ought to stop
harming them through appropriate institutional reforms.
It follows from this symmetry that, if Patten is right to reject
the charge of harming and the obligation to stop on behalf of the
affluent countries, then the elites of the poor countries have equally
good reason to reject this indictment and duty. They, too, can say that
they should not be held responsible for severe poverty in their country
when the domestic institutional order they impose would not give rise to
such poverty but for flaws in the global institutional order for which
they bear no responsibility. Patten's account absolves both parties
and allows them, together, to produce great harms.
To see how implausible this is, consider two factories releasing
effluent into one river. (11) Each factory's chemicals, by
themselves, are harmless to the downstream population. But mixed
together they are highly toxic and kill many. Given symmetrical
placement of the fully informed factory owners, we must either hold both
of them responsible or neither. It would be evidently absurd to contend
that neither is harming the downstream population and that both may thus
continue their releases. This contention would exemplify a "moral
loophole," which can be displayed through fictional histories and
puzzles of equivalence (pp. 85-88). We imagine that the two factories
once belonged to the same owner, who came to realize that she was acting
very wrongly by discharging pollutants that kill so many people
downstream. Eager to avoid such wrongdoing, she sells one of the
factories. Pollution and deaths continue as before, but now--if Patten
were right--without wrongdoing. Clearly, this cannot be right. It is
incredible that such a merely cosmetic change reverses the moral
assessment of the chemical releases, thus enabling the people upstream
to bypass the rights of the people downstream. And it is incredible that
the merely cosmetic difference between the one-owner and two-owner
scenarios has such a dramatic impact on what may be done to the people
downstream.
To avoid these implications, Patten's absolution could be
restricted to scenarios where some of the active parties are situated
causally "upstream" from others and, in such scenarios, to the
more upstream party. With this modification, Patten can say that the
poor-country elites, whose decisions directly affect poverty, are
harming the poor, whereas the affluent countries, whose decisions affect
poverty only indirectly, should be absolved of responsibility.
Patten could afford to narrow his contention even further. He could
say that the more upstream agent should be absolved of responsibility
only if a further asymmetry also obtains: while the conduct of the
midstream agent would cause some harm no matter how the upstream agent
behaves, the conduct of the upstream agent would cause no harm if the
midstream agent behaved in a harm-avoiding way. Patten could contend
that the case of global poverty exemplifies this asymmetry as well: the
global institutional order is such that severe poverty would be avoided
completely if the poor countries had just institutional schemes and
policies. But the converse is not true. As currently designed, their
domestic institutional schemes and policies foreseeably give rise to
some avoidable severe poverty, no matter how the global institutional
order may be designed. These national institutional schemes are unjust
in themselves, and it is only because of their injustice that our global
institutional order is aggravating severe poverty. Under these
circumstances, we should not (Patten might therefore conclude) hold the
affluent countries responsible for the excess poverty that is avoidable
through global institutional reform.
Let us build both modifications into our homely example. You own
the upstream factory. You know that, no matter what you do, the
midstream factory is releasing chemicals that kill some people
downstream. You know that the chemicals you release, by themselves,
would harm no one. And you continue to release your chemicals while
knowing that your effluent, mixed with that from the midstream factory,
greatly increases the harms that people downstream suffer from the
pollution of their water. Is your conduct permissible, or is it unduly
harming the people downstream?
Or consider another realistic case, closer to that of severe
poverty. Under current global rules, arms manufacturers and arms
merchants are free to sell most types of weapons to rulers in the poor
countries. As a consequence, at least $167 billion worth of arms have
been sold into the developing world in the 1996-2003 period. (12) Very
predictably, these weapons are overwhelmingly used in immoral ways,
mostly for internal repression, and people in the poor countries are
also burdened with the cost of these weapons, which their oppressors buy
without their consent and all too often deploy against them. This case
satisfies both limitations I have added to Patten's account: The
international arms trade is causally upstream from violent rule in the
poor countries. And such violent rule would cause much harm even if
there were no imported arms, while imported arms would cause no harm at
all if the poor countries had governments that behave morally. By
Patten's lights, this should then be a clear-cut case: the present
arms export regime harms no one, and we may continue it even though we
know that it greatly increases harms from wars, civil wars, and
government repression in the poor parts of the world. This strikes me as
a reductio ad absurdum of his position. When we have seen, time and
again, how Indonesia's soldiers are using their weapons, we are
morally required to bear the opportunity cost of foregoing arms sales to
them. Yes, this requires self-restraint from us even while
Indonesia's soldiers are not practicing the self-restraint morally
required of them. But we owe this self-restraint nonetheless to all
those innocent people whom the arms we deliver would kill, maim, and
oppress.
In the last five paragraphs, I have assumed in Patten's favor
that the cause of harm he wishes to exonerate does not influence the
other causes, but merely aggravates the effects of these other causes.
Thus, I have assumed that the upstream factory worsens not the chemical
releases by the midstream factory but only the effects of these
releases. I have assumed that the international arms trade does not
worsen the quality of the rulers of the poor countries but only the
effects of their bad rule. And I have assumed that the global
institutional order does not worsen institutional schemes and policies
in the poor countries but only aggravates their effects. In the last two
real-world cases, however, this assumption is false. The international
arms trade does worsen the quality of rulers in the poor countries,
because superior weapons enable even widely hated rulers to maintain
themselves in power. And the international resource and borrowing
privileges, central features of the present global order, likewise
strengthen greatly the staying power of repressive regimes as well as
the incentives toward predatorial takeovers in the poor countries,
especially those with large resource sectors (pp. 112-16, 153-66). We
allow such putschists and autocrats to sell us natural resources and to
incur repayment obligations to us in behalf of the people they oppress.
We allow them to buy from us the high-tech weaponry they need to
continue their rule. In these ways we ensure that many of the poor
countries will be ruled by force of arms and ravaged by wars, civil
wars, and coups. Yet Patten appeals to all this violence and repression,
which we sustain, as his basis for arguing that we are harming no one
and should not be expected to make any reforms!
This last thought provides a new perspective on Patten's
protest that we in the affluent countries should not be asked to
restrain ourselves for the sake of severe poverty avoidance so long as
the ruling elites in the poor countries are continuing to enjoy the
fruits of the domestic injustice they uphold. Some of the most plausible
reforms we can institute at the global level are ones that will impose
opportunity costs not merely on ourselves but also on those elites--by
greatly reducing their ability to rule by force of arms, for example,
and their opportunities to salt away their country's wealth in
private bank accounts abroad.
THE CONTENT OF HUMAN RIGHTS
Rowan Cruft agrees, by and large, with what I write about our
negative responsibility for severe poverty. He disputes what he takes to
be my denial of positive responsibilities or positive duties to protect
or assist. He bases his interpretation on my statement that "human
rights entail only negative duties." The full sentence, however,
reads: "The most remarkable feature of this institutional
understanding is that it can go well beyond minimalist libertarianism without denying its central tenet: that human rights entail only
negative duties" (p. 66; see also pp. 13, 70). By failing to deny
this libertarian tenet, I am not asserting it. Rather, I am trying to
build an argument that is widely acceptable by leaving open whether
human rights entail any positive duties.
At the core of my book is the view that the human rights of others
impose upon us a negative duty "not to cooperate in the imposition
of a coercive institutional order that avoidably leaves human rights
unfulfilled without making reasonable efforts to aid its victims and to
promote institutional reform" (p. 170; see also pp. 70, 144). The
human rights of others may impose further duties upon us, positive or
negative ones, but my argument is meant to avoid any commitment, one way
or the other, with regard to such duties.
It goes against this ecumenical spirit, and therefore was a mistake
of mine, to have written: "In proposing this institutional
understanding, I reject its interactional alternatives: I deny, for
instance, that postulating that persons have a human right to X is
tantamount to asserting that some or all individual and collective human
agents have a moral duty--in addition to any legal duties they may have
in their society--not to deny X to others or to deprive them of X"
(p. 65). This mistake may have helped to mislead Cruft, and I apologize
for it. I stand by my defense of an institutional understanding of human
rights. But I do not want to deny (or assert) that human rights also
impose positive or negative interactional duties. Taking a position on
this matter is unnecessary for the book's argument and hence best
avoided.
What Cruft asserts against me is as inconsistent with this
ecumenical view that I do hold as it is with the view he incorrectly
ascribes to me (that human rights entail only negative duties). He
asserts that, whether I want to or not, I am committed to positive
duties to protect or assist: "all rights--including negative
rights--will, in appropriate circumstances, entail some duties that are
positive in the act/refrain sense, and arguably some duties that are
positive in the assistance/noninterference sense too" (p. 31 R,
this journal). He provides three distinct arguments for this claim.
Before discussing these arguments (in a different order from his),
let me clarify how the first two of them are distinct because they aim
at subtly different conclusions. There are two ways in which a (human)
right may entail a duty (see p. 65). It may do so directly, through
correlativity. In this case, the right imposes the duty, and any
violation of the duty is therefore ipso facto a violation of the right.
Alternatively, a right may entail a duty indirectly, typically by virtue
of the fact that any plausible justification of the right would also
justify the duty. When a right entails some duty only indirectly, then
this duty is not imposed by the right, and a violation of the duty is
not a violation of the right.
Are There Positive Duties Correlative to Human Rights?
Cruft argues that there are. The access of human beings to food and
drink may be threatened solely on account of climatic or environmental
factors, or solely on account of severe mental or physical disabilities.
And the fulfillment of their human right in such cases may well depend
on positive acts of assistance. "If human rights have the content
Pogge proposes, then they must entail some positive duties to assist
those who are severely disabled" (p. 35 R, this journal).
This first argument fails. Talk of the content of a human right is
ambiguous. In a thin sense, a human right's content is its object:
that which the right is a right to. In a fuller sense, its content is
given by specifying which moral claims this right gives its bearer, with
regard to its object, against which other agents. Content in the thin
sense does not fix content in the full sense. We may agree that each
human being has a right to life and yet disagree about whether one has a
moral claim to a stranger's kidney, or to her funding one's
medical treatment, when one's life depends on it. The human rights
idiom affords such ample opportunities for empty rhetoric precisely
because human rights have traditionally been formulated in terms of thin
content only, leaving their full content unspecified. Everyone has a
human right to X, they say in tones of moral indignation and confident
of their deserved applause. And the applause comes, because all
listeners can painlessly endorse the right so long as its fuller content
is left unspecified: Yes, it ought to be the case that all human beings
have access to X! And, yes, the human right to X gives each human being
some moral claim with regard to X against some other agents. (Here each
applauding audience member vaguely thinks of these moral claims as ones
against a group of agents to which, as it happens, he or she does not
belong.)
Going beyond such cheap and harm-entrenching rhetoric, I take steps
to specify the moral claims that each human right gives its bearers.
Here I do not endorse the "maximalist" view that a human right
to X gives you a moral claim on everyone else that they each do whatever
is in their power to ensure that you have X (p. 64). Instead, I defend
an institutional understanding according to which a human right to X
gives you a moral claim against all others that they not harm you by
cooperating, without compensating protection and reform efforts, in
imposing upon you an institutional order under which you lack secure
access to X as part of a foreseeable and avoidable human rights deficit.
I try to convince my readers that they are committed to at least this
much. My argument asserts no more. In particular, it does not assert (or
deny) that, in the absence of a shared institutional scheme, the human
right to food gives the disabled or the draught-stricken a moral claim
to aid.
Cruft finds my argument overly cautious because the denial of
human-rights-based positive duties is "morally unattractive"
(pp. 33 L, 35 L, this journal). (13) I disagree. When a duty is
correlative to a human right, then any violation of that duty is a
violation of this right. If I took the position Cruft urges me to take,
I would be branding as human rights violators people who fail to aid and
protect others whose access to the objects of their human rights is
insecure. As human rights are generally understood, it is in principle
permissible to use force to stop human rights violations. So I would be
endorsing the further proposition that, even in the absence of a shared
institutional scheme, such positive duties to aid and protect are in
principle enforceable. I do not want to endorse this proposition because
I do not find it obvious that the denial of such enforcement permissions
is morally unattractive. This denial is compatible, after all, with
stringent but unenforceable positive duties to aid and protect. Still, I
am not urging or endorsing such a denial, but merely remain uncommitted
on this question. The argument of my book does not in any way depend on
asserting (or denying) any positive duties correlative to human rights.
Are There Positive Duties Indirectly Entailed by Human Rights?
Cruft's second line of argument takes the indirect route:
"Pogge overlooks the fact that if human rights are
individualistically justified then there will be prima facie justification for many assistance duties entailed by these human
rights" (p. 37 L, this journal). His reasoning goes as follows (pp.
36-37, this journal): Human rights are individualistically justified by
appeal to basic needs. If these basic needs are of sufficient moral
importance to justify human rights not to be deprived of what is
required to meet them, then they are also of sufficient weight to
justify positive duties to aid and protect. I am committed, for example,
to a human right not to have imposed upon one an institutional order
under which one foreseeably suffers avoidable insecurity in one's
access to physical integrity and minimally adequate nutrition. This
commitment makes sense only on the assumption that it is of great moral
importance that human beings have secure access to physical integrity
and minimally adequate nutrition. But if this is of great moral
importance, then it follows that we have positive duties to protect
others from torture and to give them access to needed foodstuffs, when
we can do so at low cost and risk.
Libertarians will disagree with this inference. They believe in a
right not to be tortured, and they justify this right in individualistic
terms. But they think they can justify the right in a way that does not
compel them to acknowledge any positive duty to protect others from
torture when one can do so at little cost and risk. Regarding this
disagreement, I am on Cruft's side and share his belief that there
are positive duties to aid and protect others whose human rights are
under threat. But my book deliberately does not take sides in this
disagreement, and its argument works equally well whether or not
Cruft's inference can be made fully convincing.
Are There Positive Obligations Entailed by Human Rights?
Unlike Cruft, I draw a terminological distinction between duties
and obligations (p. 172). (14) Duties are morally fundamental and apply
to us always. Some are generative duties--that is, duties that, in
conjunction with appropriate empirical circumstances, create more
specific moral reasons for action: obligations. For example, a positive
duty to assist persons in acute distress when one can do so at little
cost and risk may, in conjunction with an acute emergency, generate a
positive obligation to toss a life preserver to some particular drowning
swimmer. A negative duty not to make and then break a promise may, in
conjunction with a promise to repay some loan, generate a positive
repayment obligation.
Cruft goes to some length to show that negative duties entail
obligations to take positive action--or, as he prefers, "derivative
positive duties" (pp. 30-32, this journal). This discussion is
illuminating and I can endorse most of it, even within the argument of
my book. I cannot, however, endorse the subtext that this discussion
teaches me (and assorted libertarians) a needed lesson: "Pogge has
perhaps made the natural assumption that any negative right will entail
only negative duties" (p. 30 R, this journal). To the contrary,
little would be left of my argument if I had assumed that negative
duties cannot generate derivative positive duties ("positive
obligations," in my language) of the sort Cruft adduces.
I hold that we have a negative duty not to harm others by
cooperating, without compensating protection and reform efforts, in
imposing on them an institutional order that foreseeably gives rise to
avoidable human rights deficits. This is a generative duty that, in
conjunction with our cooperation in imposing an institutional order that
foreseeably gives rise to avoidable human rights deficits, generates
obligations to make compensating protection and reform efforts for those
whose human rights remain unfulfilled under this order. These are
positive obligations. They require each of us to make up for our share
of the harm we inflict together--by shielding its victims or by working
for institutional reforms.
These positive obligations are generated by a negative duty that is
correlative to human rights. Failure to fulfill such positive
obligations therefore violates human rights. Privileged and competent
adults who cooperate in imposing an institutional order that foreseeably
gives rise to avoidable human rights deficits without making
compensating protection and reform efforts for its victims are
contributing to human rights violations.
Far from overlooking negative-duty-generated positive obligations,
I have placed them at the center of my argument. One important reason
for this is that stringent positive obligations are much more widely
acceptable than stringent positive duties. For example, libertarians
already endorse stringent positive obligations generated by the negative
duty not to break a contract, and they already accept some of the
remedial positive obligations Cruft mentions. By contrast, libertarians
and their sympathizers tend to be quite skeptical of any and all
stringent positive duties.
My argument does not invoke positive duties of any of the three
kinds we have distinguished--positive duties correlative to human
rights, positive duties indirectly entailed by human rights, and
positive duties not entailed by human rights. It can therefore show no
more than that we must be concerned for the human rights of those upon
whom we help to impose an institutional order. Cruft regrets that I have
not sought to show more than what can be derived from this narrow
negative duty. But, in the world as it is, most human rights deficits
would be avoided if we affluent took this one moral duty seriously--if
we did not harm others by cooperating, without compensating protection
and reform efforts, in imposing on them institutional rules that
foreseeably give rise to avoidable human rights deficits.
PROFITING FROM INJUSTICE
Norbert Anwander appreciates that my main concern is with how the
world's affluent contribute to social injustice that harms the
global poor. He notes, however, that I occasionally use broader,
disjunctive formulations that invoke a duty not to contribute to or to
profit from injustice. Questioning whether profiting from injustice has
any moral significance, he examines two ways in which it might: There
could be a negative duty not to profit from injustice, over and above
the negative duty not to contribute to injustice. Or profiting from
injustice might modify our duties regarding contribution. Under this
latter heading, Anwander considers two possibilities: the obligation of
a contributor to injustice to make compensating protection and reform
efforts for the victims of this injustice might be more stringent or
more demanding when this contributor is also profiting from the
injustice. Anwander asserts that profiting from injustice is not morally
significant in any of these three ways. Closely following the structure
of his essay, I discuss and refute these three assertions in this order.
But let me first point out that Anwander's discussion is
slightly marred by a misunderstanding. As he reads me, I postulate negative duties not to contribute to and not to profit from injustice,
and I then add that those who have violated either of these duties
thereby acquire remedial duties to compensate for their wrongdoing. The
duties I actually postulate require less than Anwander imagines. These
duties do not make it wrong to contribute to, or to profit from, a
collective injustice when one makes compensating protection and reform
efforts for its victims. To explain why such conduct may not be wrong, I
write about the first duty:
It does not follow that one must stop contributing
to the economy of an unjust society--though
it may come to that in extreme
cases. One can often continue to contribute
and yet avoid collaborating in the undue
harming of others by taking compensating
action: by making as much of an effort, aimed
at protecting the victims of injustice or at institutional
reform, as would suffice to eradicate
the harms, if others followed suit. (Endnote:
Oskar Schindler, as depicted in Steven Spielberg's
Schindler's List, compensated for his
contributions to the economy of Nazi Germany
by protecting some of its victims.) (pp.
135-36)
Through his manufacturing activities and tax payments, Schindler
cooperated in imposing the social institutions and policies of the Third
Reich. But doing this allowed him to compensate (more than adequately)
for his contributions to harm through protection efforts for its
victims. His conduct complied with the negative duty I postulate--no
less fully than if he had left Germany. In fact, Schindler did much
better by the victims of the Third Reich than he would have done by
emigrating.
In responding to Anwander, I take the liberty of modifying his
criticisms so as to correct for this misunderstanding. His points are
more interesting when brought to bear on the view actually articulated
in my book.
The Duty Not to Profit from Injustice Regarding the first
assertion, Anwander correctly rejects any general negative duty not to
profit from injustice without compensating protection and reform
efforts. Such a duty can be refuted by example. Illustrated by his
Hiroshima case, one class of counterexamples features historical
injustices that can no longer be mitigated and whose victims are now
dead. These counterexamples are not fully convincing, because the
compensation requirement might be interpreted as carrying an implicit
insofar-as-possible rider. Another class of counterexamples may feature
certain profitings that cannot be declined by their beneficiaries (see
pp. 40-41, this journal). Whether they want to or not, all people
everywhere profit from breathing air that is cleaner than it would be if
large numbers of human beings were not unjustly kept in extreme poverty
and thereby severely constrained in their polluting activities. Still,
it is plausible that people not involved in sustaining this injustice
owe no compensation to the global poor pursuant to a negative duty not
to profit from injustice.
With this issue resolved as he advocates, the controversy between
us is then about whether there is a more specific negative duty not to
profit from injustice without compensating protection and reform
efforts. Anwander does not deny that it is sometimes wrong to act so
that one benefits from injustice. His own case of the three planets
shows this: When the Martians shower us Earthlings, in ways we cannot
block, with the spoils of injustices they visit upon the Venusians, then
we must restore these goods to the Venusians if we can. It would be
wrong to keep the spoils and thereby to benefit from injustice. Anwander
insists, however, that what makes such conduct wrong is that it violates
some duty other than a duty not to profit from injustice without
compensating protection and reform efforts. Thus, he invokes in the
three-planets case our duty not to contribute to injustice: "In
holding on to what rightfully belongs to someone else and thereby
preventing the restoration of the goods to their owners we are
perpetuating injustice. Alternatively, we can say that by holding on to
what rightfully belongs to someone else we are preventing justice from
being restored. This is a way of contributing to injustice" (p. 42
L, this journal).
One might win here rather too easy a victory for Anwander's
conclusion by simply stipulating that each instance of wrongfully
profiting from injustice without adequate compensation efforts ipso
facto counts as a contribution to injustice. With this stipulation, the
second duty I postulate would indeed become redundant--but only because
it is now definitionally incorporated into the first duty. As I
understand him, Anwander does not make this trivial move, but allows
that profiting from injustice is defined independently from contributing
to injustice. If this is right, then the conclusion he asserts would
require him to demonstrate three points: that each instance of
wrongfully profiting from injustice without adequate compensation
efforts is, as a matter of fact, also an instance of contributing to
injustice; that contributing to injustice figures in every such instance
as a wrong-making feature; and that profiting from injustice does not
figure in any such instance as an (additional) wrong-making feature.
I believe that none of these three points can be defended. But let
me respond economically by recalling that, within the argument I address
to adherents of broadly consequentialist conceptions of social justice,
I formulate the first duty to cover only one specific contribution to
injustice-namely, cooperation in imposing an institutional order that
foreseeably gives rise to avoidable human rights deficits without making
compensating protection and reform efforts for the victims of this
injustice. Most U.S. citizens in 1845 were in violation of this duty
through their uncompensated cooperation in imposing a national
institutional order that facilitated and enforced slavery. They paid
their taxes and complied with fugitive slave laws without working toward
abolition or toward mitigating the horrific hardships inflicted on
slaves. Did these U.S. citizens also profit from the injustice? Perhaps
many, especially in the North, did not. But many, especially in the
South, clearly did--most obviously by owning and using slaves, but also
indirectly by purchasing cheap slave-produced commodities. I believe
these latter citizens, insofar as they made no adequate protection and
reform efforts, violated an additional negative duty not to profit
from--or (as I write in subsequent work) not to take advantage of--a
human-rights-violating institutional order without making adequate
protection and reform efforts.
Anwander might say that by owning slaves (and by purchasing cheap
slave-produced commodities without compensation?) one is doing
one's slaves an injustice and thus contributing to injustice in
some broad sense. But in the narrow sense that contributing to injustice
has within my argument, it is quite unlikely that every instance of
slave owning and every instance of purchasing cheap slave-produced
commodities without compensation contributed to the imposition of the
unjust institutional order. This shows that, in the context of my
argument, the second duty is not redundant. U.S. citizens in 1845 had
two distinct duties. They violated one negative duty insofar as they
made uncompensated contributions to upholding an unjust national
institutional order (by paying taxes, complying with fugitive slave
laws, and so on), and/or another negative duty insofar as they, without
compensation, took advantage of the unjust ownability of blacks.
The Duty Not to Profit from Injustice Applied to World Poverty
What does all this mean for today's great injustice of
institutionally enforced severe poverty? Very little, thinks Anwander:
There is a distinction to be made between
profits that people actively seek out and benefits
that simply accrue to them. But this may
leave Pogge with a dilemma: while the descriptive
claim that we are all benefiting from the
global order owes its credence to the notion of
passively being benefited by, the normative
claim that by benefiting we are violating a negative
duty is most plausible if this is understood
as actively seeking to take advantage of.
(p. 43 R, this journal)
Starkly put, Anwander maintains that I can either charge us
affluent with merely passive profiting from injustice (such as breathing
less-polluted air) or with active profiting. The former charge is
ineffective because, though we are indeed passively profiting from
injustice, doing so is not wrong. The latter charge is likewise
ineffective because, though active profiting is indeed wrong, we are
doing no such thing--at least not over and above our contributing to
injustice.
I disagree. Like the slave owners of 1845, the world's
affluent today are actively taking advantage of the injustice of the
global institutional order all the time. Sex tourism and sex with women
and children whom severe poverty has delivered into the hands of
traffickers are common and dramatic examples. Most anything we buy is
cheaper than it would be if severe poverty were avoided: If the bottom
of the global wage scale were higher than it is today, products
containing a poor-country labor component (coffee and textiles, for
example) would be more expensive. If the poorer half of humankind were
able to exert substantial market demand in competition with ours, or if
their autocratic rulers were not recognized as entitled to sell us their
countries' wealth, scarce natural resources (crude oil, metals)
would also be more expensive.
Anwander may respond that we are merely passive beneficiaries of
the avail ability of these things at current prices. This is true. But
by buying them at these prices we are actively taking advantage of
injustice--like the affluent foreigner employing an aboriginal driver at
half the wage other drivers receive (p. 43 R, this journal). This does
not mean that we do wrong to buy such things, of course--only that we
should not pocket the gain. Like the affluent foreigner, we can
supplement unjustly low prices for services we buy in poverty-stricken
areas. Closer to home, we can buy fair-trade products or (perhaps more
plausibly) make a compensating donation to an antipoverty organization
such as Oxfam. In actively profiting without adequate compensation, we
are violating a negative duty (or so I have argued). And this duty is
distinct from our negative duty not to cooperate in imposing any
human-rights-violating institutional order without making compensating
protection and reform efforts for the victims of injustice.
Anwander speaks of a positive duty in this context, by the way,
likening it to a positive duty of gratitude. As explained (p. 197), I
see both as negative duties, albeit ones that may generate positive
obligations: the duty of gratitude (supposing there is such a thing)
requires no positive action unless one has accepted benefits. It is,
therefore, a negative duty: we are not to accept certain benefits and
then decline to reciprocate. Likewise with the duty here at issue: we
are not to profit (actively) from an unjust institutional order and then
decline to make compensating efforts for its victims. At least insofar
as they suffer harm (because the compensating efforts made by the
contributors to injustice are inadequate), these victims' moral
claim to additional compensation is stronger than our moral claim to
retain our profits from injustice.
Can Profiting Render More Stringent the Obligations of Contributors
to Injustice?
Anwander's second assertion is that the obligation of a
contributor to injustice to make compensating protection and reform
efforts for the victims of this injustice is no more stringent when this
contributor is also profiting from the injustice. He supports his
assertion with an example: We have possessed for some time two stolen
objects that we know to be of great and equal value to their respective
rightful owners. One of these objects has been of great benefit to us,
the other of no benefit at all. We now have an opportunity to compensate
one, and only one, of these rightful owners. Ought we to compensate the
one whose object has been of great benefit to us, in preference to the
other?
Anwander believes that it makes no difference, morally, which owner
we compensate. This may be plausible on his assumption that the debts
are equal in magnitude. But if, as I have argued, we may owe more
compensation to the owner from whose object we have benefited, then it
may well be that, other things being equal, we should discharge the
larger of our moral debts.
In any case, Anwander's example is far from my concerns in the
book, which does not discuss where we have most reason to direct our
compensation efforts (though this is very much worth discussing). It
discusses the stringency of our obligations to make compensation efforts
for the global poor. Here is a detailed passage on this issue:
We can realistically end our involvement in
their severe poverty not by extricating ourselves
from this involvement, but only by ending
such poverty through economic reform. If
feasible reforms are blocked by others, then we
may in the end be unable to do more than mitigate
some of the harms we also help produce.
But even then a difference would remain,
because our effort would fulfill not a duty to
help the needy, but a duty to protect victims of
any injustice to which we contribute. The latter
duty is, other things being equal, much
more stringent than the former, especially
when we can fulfill it out of the benefits we derive
from this injustice. (p. 211, emphasis added)
What I had in mind here is that, because unjust features of the
global institutional order advantage the affluent in many ways, we
profit from injustice through most ordinary economic transactions: the
rewards for our labor are higher, and many commodities we buy cheaper,
than they would be under a global institutional order designed to avoid
foreseeable human rights deficits. To be sure, it is impossible to
quantify the extent to which we profit. But that we profit to some
extent renders more stringent our obligation to compensate.
This can be illustrated with a small-scale example of the kind
Anwander prefers. On your Belize vacation, you have been involved with
four others in organizing a spectacularly successful beach party with
fireworks. You are in charge of running the wet bar for your own account
and, after all expenses are paid, are looking at a $600 surplus. There
was a slight mishap at midnight, when the risky fireworks display you
five had advertised and prepared misfired and destroyed a small fishing
boat on which some very poor local families depend for their livelihood.
Eager to attract continued tourism to the area, the local authorities
are turning a blind eye. Nonetheless, each of you five organizers has a
moral obligation to pay one-fifth of the $850 needed to replace the
boat. But your obligation, I would think, is more stringent than that of
the other four. It is wrong for them to fly home without paying, but
more wrong for you to do so with your tidy party profit.
Can Profiting Render More Demanding the Obligations of Contributors
to Injustice?
Anwander's third assertion is that, contrary to my view (p.
50), the obligation of a contributor to injustice to make compensating
protection and reform efforts for the victims of this injustice is no
more demanding when this contributor is also profiting from the
injustice. The beach party example illustrates my response to this
assertion as well. Suppose you pay your $170 share of the damage, but
three of your friends do not. Here one may perhaps say of your remaining
friend (who paid) that she has done all she was morally required to do.
But one cannot say this of you, I think, if you fly off with your
remaining $430 surplus, leaving the poor families with a $510 loss. If
three of your friends refuse to pay, you should hand over your entire
surplus to the poor families. You have a negative duty not to profit
from your beach party with risky fireworks when doing so means that
other, innocent parties are harmed by it.
This sort of case is relevant to world poverty, which persists on a
massive scale because so few affluent people are adequately compensating
for their contribution to the harm we together do. In such a situation,
I believe, we must not merely compensate for our share of the harm, but
also for any profit from injustice that remains after we have done so.
Those who suffer from an injustice we contribute to have a stronger
moral claim to these remaining profits than we do. To be sure, it is
next to impossible to quantify the compensation efforts we owe for
contributing to and (especially) profiting from the injustice of the
global institutional order. I will briefly address this issue at the end
of my response to Satz.
SOME COMMON MISUNDERSTANDINGS
Debra Satz criticizes various views that are distinct from those I
have defended. Because these misunderstandings may be common and because
I may be partly to blame for them, I am eager to clear them up. (15)
First, my approach is meant to be "ecumenical" in that I
seek to show adherents of different moral conceptions that the
world's affluent, in violation of their negative duties of justice,
are massively harming the global poor. (16) This is my central thesis,
which I seek to demonstrate to diverse audiences by appeal to diverse
arguments and baselines. I do not defend the view "that we have a
general obligation to aid other human beings in severe need" (p. 47
L, this journal). Nor am I super-ecumenical by asserting merely the
disjunction that the affluent are failing to fulfill some positive or
negative duties toward the global poor--or, even more blandly, that the
status quo should be condemned (p. 53 R, this journal).
Second, in supporting my central thesis, I do not "adopt the
libertarian premise that only the failure to perform negative duties
counts as harm" (p. 53 R, this journal). For me, the coincidence of
duties not to harm and negative duties holds by definition (pp. 13,
66-67, 130-36,144-45, 172, 210). This definitional connection does not
prejudge any substantive questions about the stringency of duties.
Third, by focusing on negative duties, I do not "attempt to
derive all of our obligations to the global poor from the need to
refrain from harming others" (p. 47 R, this journal). Rather, I
simply leave positive duties aside. (17) Showing how the affluent are
violating their negative duties, I leave aside their failure to fulfill
their positive duties toward the poor.
Fourth, Satz argues at length that eating another's candy (in
violation of a negative duty) is not worse than letting a child drown
(in violation of a positive duty), thereby refuting the claim that each
negative duty is more stringent than every positive duty (pp. 51-52,
this journal). But I never made or suggested this claim. I do say that
negative duties are widely thought to be more stringent than positive
duties and that I share this judgment. I go to great length to stress
that this unequal stringency is thought to obtain when "what is at
stake for all concerned is held constant." (18) Satz's
refutation is irrelevant to the much weaker claim I endorse.
Fifth, I am not committed to the view "that we have strong
duties not to harm but only weak duties to benefit people we have not
harmed" (p. 47 R, this journal). My argument does not invoke
positive duties, and I leave open how much or how little they differ in
stringency from their negative counterparts.
Sixth, I am not committed to the view "that we can be
obligated only by those harms for which we are causally
responsible" (p. 51 R, this journal). This view entails that there
are no positive duties to protect others from harms inflicted on them by
third parties. It is true that I do not invoke such positive duties. But
I am not denying them either.
Seventh, I do not endorse "the idea that all our obligations
of justice are negative" (p. 51 R, this journal). I do argue,
against Rawls, that two important duties of justice related to social
institutions are negative duties: We must not participate in just social
institutions without a willingness to comply with them; and we must not
cooperate in upholding unjust social institutions without making
compensating protection and reform efforts for their victims (pp.
134ff.). By arguing for these two negative duties, I do not imply that
justice allows social institutions to be designed so that the needs of
children and the disabled remain unmet (pp. 52-53, this journal). In
fact, these two negative duties of justice imply nothing about the
content of social justice, about what justice requires of social
institutions. (19) If justice requires that any institutional order must
be designed so that all its participants receive fresh flowers every
morning free of charge, then we are harming our compatriots (in
violation of a negative duty) by cooperating in imposing on them an
institutional order under which they do not receive such daily flowers.
Satz seems to recognize that I tie the notion of harm to justice in
this way when she objects that my view "erodes the distinction
between harming and failing to remedy" (p. 54 L, this journal). It
would indeed be absurd to make the accusation that, by helping to impose
an institutional order under which most compatriots receive no free
daily flowers, we are harming (rather than, at most, failing to benefit)
these people. But the absurdity of this accusation does not refute my
contention that the imposition of an unjust institutional order harms
some of those on whom it is imposed. Rather, the absurdity of the
accusation refutes the conjunction of my contention with an eccentric
conception of social justice. One of them must go; and, I submit, it
should be the latter. The absurdity of the accusation does not
illustrate that the imposition of unjust social institutions sometimes
does no harm. Rather, it illustrates that the nondelivery of free
flowers does not constitute a social injustice.
Satz's worry about erosion brings out an important point:
readers will accept that we are harming the global poor by cooperating
in imposing unjust social institutions upon them only if I can convince
them that these social institutions really are unjust. To make it easier
to convince readers on this score, my argument invokes not the full
account of what I believe social justice requires, but a much weaker
conception of justice that requires merely that any institutional order
must be designed so that, insofar as reasonably possible, the human
rights of those on whom it is imposed are fulfilled. This minimal
requirement implies that those who impose an institutional order that,
foreseeably and avoidably, exposes women to domestic violence, blacks to
enslavement, serfs to starvation, or the poor to severe deprivation are
thereby harming the victims of these avoidable human rights
deficits--even if they have no personal contacts with brutalized women,
slaves, serfs, or the severely impoverished.
This minimal conception is proposed as merely a necessary condition
of social justice. I do not hold that human rights exhaust what justice
requires. I merely hold that justice requires at least that any
institutional order we impose must fulfill the human rights of those on
whom it is imposed insofar as this is reasonably possible. I work solely
with this minimal requirement of social justice because it is widely
acceptable and suffices to reach my conclusions. That some institutional
order foreseeably reproduces an avoidable human rights deficit is thus
on my view merely a sufficient, not a necessary, condition for this
order being unjust and for its imposition being a violation of a
negative duty of justice and hence a harming.
I hope to make this minimal requirement acceptable to nearly all
who think of social justice in broadly consequentialist terms-that is,
those who assess institutional schemes by their foreseeable effects on
human lives. But this requirement may not be acceptable to those who
assess institutional schemes in light of their actual or fictional
histories. For such readers, different arguments are needed to establish
harm, as sketched in the introduction to this symposium.
The preceding four clarifications should lay to rest the idea,
floated by Patten, Cruft, and Satz, that I am some kind of libertarian.
It is true that I try to avoid commitments to antilibertarian views that
libertarians would find offensive. Thus I make my argument without any
appeal to positive duties. But it is also true that I try to avoid
commitments to libertarian views that antilibertarians would find
offensive. Thus, I never deny that there are very stringent positive
duties to aid and protect. To be sure, I do deny that positive duties
are as stringent as their negative counterparts (holding constant what
is at stake for all concerned). I deny, for instance, that an affluent
person who, in order to save $80, declines to sponsor a child in Mali
with the predictable result that this child dies is acting as wrongly as
another affluent person who kills such a child for an $80 benefit.
Libertarians would endorse this denial. But so would nearly everyone
else.
Eighth, Satz suggests that, in analogy to the explanatory
nationalism I reject, I am an adherent of explanatory globalism. This is
incorrect. (20) I do not seek "to explain all local failure in
terms of failures of the global order" (p. 49 R, this journal). No
global institutional order, no matter how well designed, could possibly
forestall all local failures. I do hold that most of the severe poverty
today would be avoided if the design of the global order were just. I
concede that most of today's severe poverty would also be avoided
if the poor countries had just social institutions and policies. These
two beliefs are consistent because causal contributions are often not
additive. (21) The case of the two polluting factories (p. 63, this
journal) illustrates this: either one of the factory owners could
single-handedly stop most of the harm they together cause downstream.
Satz is right that there is considerable empirical uncertainty
about why exactly severe poverty persists at such a high global rate.
She is right that "various countries are unlikely to agree as to
how much harm is caused by global as opposed to local institutions"
(p. 50 L, this journal). But I need not achieve agreement on this. I
must make plausible that most severe poverty today is avoidable through
reforms in the design of the global institutional order and that it is
possible to design specific reforms that would work. I need not show of
any such reform that it "would necessarily generate better
alternatives across the board" (p. 50 L, this journal). A reform
can be justified even if it will not reduce severe poverty everywhere
(for example, in North Korea), and even if the substantial harm
reduction we expect of it is not necessary but merely highly likely in
light of the empirical facts and correlations as we understand them.
Consider, for example, the present global rules for incentivizing
pharmaceutical research. These rules reward the inventors of new drugs
by allowing them to charge monopoly prices for twenty years. (22) During
this period, even lifesaving drugs must not be produced and sold cheaply
by generic producers and are therefore priced far out of the reach of
the global poor. Moreover, these rules skew medical research toward the
affluent: medical conditions accounting for 90 percent of the global
disease burden receive only 10 percent of all medical research
worldwide. Of the 1,393 new drugs approved between 1975 and 1999, only
13 were specifically indicated for tropical diseases, (23) and 5 out of
these 13 actually emerged from veterinary research. (24) I have sketched
a detailed reform proposal envisioning instead that pharmaceutical
research is rewarded according to its impact on the global disease
burden. (25) Such incentives could be funded, for instance, through a
global Polluter Pays regime that raises funds from countries in
proportion to their citizens' and corporations' contributions
to transnational environmental pollution.
This reform proposal needs to be more fully worked out--something I
hope to do in the next few years. Even then we will not be able to
predict with precision what the difference in deaths and suffering would
be between the two alternative regimes for incentivizing pharmaceutical
research. This is so because we cannot foresee what remedies against
currently neglected diseases pharmaceutical companies would invent if
attempting to do so were worth their while. Still, it is undeniable that
the present rules foreseeably lead to an avoidable lack of affordable
drugs for the most destructive communicable diseases, including
pneumonia, HIV/AIDS, diarrhea, tuberculosis, malaria, measles,
meningitis, hepatitis, dengue fever, leprosy, sleeping sickness, Chagas
disease, river blindness, leishmaniasis, Buruli ulcer, lymphatic filariasis, and schistosomiasis (bilharzia). These diseases account for
millions of deaths and unimaginable suffering each year. (26) This is
justification enough for undertaking the reform effort, even if we
cannot know in advance by what percentage the reform would reduce this
burden of communicable diseases.
Similar considerations apply to the other modifications of the
global institutional order I discuss: reduced protectionism that would
open rich-country markets to exports from the poorest countries (pp.
17-18), a stake in seabed resources for the global poor (pp. 125-26), a
global resources dividend (chapter 8), and an opportunity for poor
populations to disallow future resource sales and debts incurred in
their name by autocratic rulers (chapter 6). Even if I have not spelled
out any of these reforms in full detail, it is clear that each of them,
if well designed, would have a huge impact on the incidence of severe
poverty. The two last-mentioned reforms would partly have this impact
indirectly, by reducing the staying power of putschists and autocrats
and by reducing the incentives toward the undemocratic acquisition and
exercise of political power (pp. 163-64, 206-207). These reforms would
not end autocratic rule and severe poverty everywhere. But they would
substantially reduce their incidence and thereby promote the national
and local factors Satz adduces to dispute my belief in the great causal
importance of global institutional arrangements: "sound financial
institutions, laws that enforce contracts and promote competition, and
independent judiciaries ... decent policies for women and children,
educational opportunities, and a free press" (p. 50 L, this
journal). These factors are not exogenous but strongly dependent on the
extent to which global institutional arrangements encourage or
discourage good governance.
THE RESPONSIBILITY OF INDIVIDUAL CITIZENS
Satz's most fundamental challenge regarding the allocation of
responsibility among the world's affluent is her suggestion that
most ordinary citizens of wealthy countries bear no responsibility for
world poverty:
Can we hold citizens of all of the world's developed
nations responsible for the policies of the
IMF and the World Bank? Here, the agency relationships
are more indirect. The IMF is
accountable to finance ministers and central
bank governors, and its officers are not elected
but rather appointed by agreement of governments.
Further, the voting arrangements in the
IMF ensure the disproportionate influence of
only a few developed countries, in particular
the United States. Because IMF policies are
most often debated in secret, most people are
unaware of the policies they debate. There is little
accountability for international institutions
and even less information about their policies
than about domestic ones. What exactly is our
responsibility here? To what extent do the
unfair (indeed sometimes ruinous) policies of
the IMF render us responsible participants in an
unjust global order? (pp. 50-51, this journal)
Satz is surely right that responsibility for decisions that
foreseeably result in millions of avoidable deaths rests in the first
instance with the politicians and negotiators who make them. Such
"honorable" and otherwise unremarkable people have knowingly
committed some of the largest human rights violations the world has ever
seen. But does their guilt absolve ordinary citizens of responsibility?
Our politicians and negotiators wield powers we delegate. Their
decisions and agreements would be of little consequence if they were not
so empowered by us. We may choose to pay no attention to, and we may
even allow them to conceal, what they are doing with the powers we lend
them. Can we thereby disconnect ourselves from responsibility for how
our collective power is wielded in our name? An affirmative answer would
once more manifest a moral loophole, indicated by the vested interest we
would have in perpetuating such convenient intransparency: So long as
political decisions are made in obscurity, we get the benefits of unjust
policies and of an unjustly structured world economy plus the clean
conscience of bearing no responsibility for the vast human rights
deficits such injustice produces. If our international financial
organizations were to inject transparency and accountability into their
proceedings, we would lose this sweet spot (afforded by Satz's
morality) and would be forced to choose between our gains from injustice
and a clean conscience.
Satz is quite wrong to believe that the obscurity of political
decision-making disconnects us from responsibility. We cannot disown responsibility for how our politicians and negotiators wield our
collective power by appeal to our own failure to insist on transparency
and accountability. The fact that we choose to remain ignorant, choose
to allow important structural features of the world economy to be shaped
by unknown bureaucrats in secret negotiations, cannot negate our
responsibility for the harms that our governments inflict upon the
innocent.
Satz may be right that some affluent countries are too small to
affect the global rules of the game by themselves. But several together
can certainly influence the outcome of the negotiations in small ways.
And small differences in global institutional design can make a large
difference to human rights fulfillment. Thus, even the citizens of
Luxembourg and New Zealand have a responsibility to instruct their
governments to oppose and to help reform global institutional
arrangements that foreseeably cause avoidable human rights deficits on a
massive scale.
Satz believes that, in order to hold any particular affluent person
responsible, I would need to perform two impossible tasks. I must show
what the present design of the global institutional order contributes to
the persistence of world poverty. And I must show who bears how much
responsibility for this present design.
I have not shown these things--certainly not "exactly."
It would indeed be good if this could be shown with some precision. One
would then have a way of estimating how much each of us affluent
individuals ought to contribute toward shielding the global poor from
the harms we also cooperate in producing. This would provide an answer,
within my negative-duty account, to the question often posed to
positive-duty theorists, such as Peter Singer: How much is enough? And
it would reinforce my above response to Patten, showing that the
negative duty I postulate is indeed "tightly limited" (p. 61
L, this journal).
One could surely do better than I have done. One can estimate that
the typical affluent person, by the time of his or her death, bears
responsibility for roughly one poverty-related death, for about 200
human life-years spent in severe poverty, and for about 20,000 hours of
children suffering intense pain from hunger or diarrhea. But this sort
of rough calculation underestimates our responsibility. Most of us
belong to some subset of the world's affluent that could
single-handedly bring about the needed global institutional reforms. If
a substantial number of U.S. citizens mobilized in favor of a
poverty-avoiding design of the global institutional order, the U.S.
government would promote such a design and would carry the other
affluent countries along. The same is true of the European Union, and
perhaps of Japan. And the same may be true even for much smaller groups,
such as EU academics, U.S. journalists, or employees of the
international financial organizations (WTO, IMF, World Bank). A
substantial proportion of the members of each of these groups could, by
itself, initiate a reform process that would eradicate most severe
poverty worldwide within a few years. Insofar as the typical affluent
person belongs to such smaller groups, his or her responsibility is
correspondingly greater. In this way, the sum total of what we are
individually responsible for may greatly exceed the total. There is
nothing odd about this. If three persons each make a necessary
contribution to a homicide, each of them is fully responsible for the
resulting death. As it is, many groups of affluent persons make
necessary contributions to the massive persistence of severe poverty.
The calculation of personal responsibility becomes even messier
when we take account of individual circumstances. I agree with what Satz
suggests in her example of the laid-off steelworker (27)--that citizens
who were born into an affluent family, have enjoyed an excellent
education, and have a good job, wealth, and influence bear more
responsibility for their country's policies than citizens with the
opposite characteristics. Yet, even with all the care and information in
the world, we cannot model such judgments algorithmically to calculate,
say, Warren Buffet's exact share of responsibility, or the ratio of
his share to Oprah Winfrey's.
How important is it that a precise allocation of responsibility for
complex collective harms is impossible? This impossibility certainly
does not show that individuals bear no responsibility. (It would be
absurd to hold that members of the Nazi Party bore no responsibility for
the concentration camps because the precise share of each cannot be
calculated.) Nor does this impossibility invalidate the judgment that
nearly all affluent persons today are evidently failing to compensate
for their share of the collective harm, on even the most miserly estimate. (28)
Moreover, for those who are genuinely sensitive to moral reasons, a
precise allocation of their share of the collective responsibility would
not fully settle the matter. Recall the Belize beach party (p. 73 R,
this journal), and now assume that none of you five organizers has
profited from it in any way. You pay to the poor families your one-fifth
share of the replacement cost of the boat that your risky fireworks
destroyed. But your friends leave without making any compensation. Would
you be leaving Belize with a clear conscience of having harmed no one
through your contribution to the fireworks?
Averting one's fair share of the harm we together cause may
also seem insufficiently political. We are citizens of countries whose
governments are producing great harms in our names. This calls on us to
try to put the issue on the political agenda. Here, too, one might
envision a sharp limit, so that we can discharge our negative duties
"by making as much of an effort, aimed at protecting the victims of
injustice or at institutional reform, as would suffice to eradicate the
harms, if others followed suit" (p. 136). But again, this limit
will leave a moral person uneasy: Having made the required effort on the
political front, would you no longer feel any responsibility for the
harm your country inflicts?
These thoughts are related to the forward-looking, practical intent
of my book. My concern is not to pass judgment, in the polite company of
academics, about ordinary citizens and their shortcomings. I mean to
talk to my fellow citizens in the affluent countries about how we can,
together, fulfill our responsibilities of citizenship (see p. 166).
Included in the conversation, the laid-off steelworker may be more
insulted than relieved by being put, with children and the severely
mentally disabled, among those unfit for the responsibilities of
citizenship. Exempting poor and marginalized citizens from
responsibility for their countries' policies is an affront to those
laid-off steelworkers, janitors, and single mothers in the affluent
countries who take responsibility and act accordingly.
We all have a vote, a voice, friends, influence. Even a few
thousand of us can change the world forever, as Margaret Mead is said to
have emphasized. (29) The people of Manchester proved this in 1787 when
they joined the uphill battle against slavery with a petition signed by
11,000 of them. The campaign against slavery endangered their
livelihoods, because much cotton from slave-labor plantations was
processed in Manchester. And most of them were already much poorer than
we can imagine. Those who had no money to give supported the cause in
whatever way they could. Women especially, though greatly constrained by
law and convention, supported the movement, contributed needlework with
antislavery images and inscriptions ("Am I Not a Woman and a
Sister?"), and refused to buy sugar (slave-grown in the West
Indies). These ordinary people did not blame it all on the African slave
hunters or on Liverpool merchants or British politicians. They did not
stop to ask what the degree of their country's complicity was,
exactly, or their own exact share of responsibility, nor how much could
reasonably be expected from people like themselves. They did not plead
poverty, powerlessness, or ignorance. Nor were they deterred by the low
odds of success. These working-class men and women of eighteenth-century
Manchester understood better their shared responsibility for the misery
inflicted half a world away than do today's sophisticated
journalists and political philosophers. If they could recognize and stop
their country's crime, then so can citizens of a depressed steel
town in today's United States.
Presumably Satz would think that the working-class people of 1787
Manchester shared no responsibility for the enslavement that happened
half a world away, on that horrific "middle passage" and in
the Americas. She would not fault them for mobilizing against slavery,
to be sure. But she would judge that they had no obligation to do this.
They really knew too little, they were not educated enough, they were
too poor and too challenged by their personal poverty, their political
clout was insignificant, and so on.
It is noteworthy that the people of Manchester did not want to be
counted out in this way and did not see their effort as supererogatory.
"We know about slavery," they would say to Satz, "we know
that the cotton we touch every day has been planted and gathered by
slaves. We know that ships flying our country's flag are carrying
slaves across the Atlantic. We know we are part of this injustice and we
know we must try to put a stop to it--for the sake of our black brothers
and sisters and also for the sake of our country. We understand that
success is unlikely and may be impossible. But we know that we must make
the attempt."
Perhaps Satz would accept their assessment. But then they would ask
her on what grounds she exempts many of us from responsibility for the
global institutional order our affluent countries impose: "Are your
compatriots poorer or less educated than we are? Do they have less spare
time or lesser opportunities to inform themselves? Are they less able to
make their voices heard and to influence your society's political
process?" In all these dimensions, disadvantaged citizens of
today's affluent countries score much better. They do and can know
much more about the world and the horrific poverty it contains on such a
massive scale. They are much better educated and vastly more secure
economically and in their civil rights. They have much more free time
and much greater political opportunities in today's affluent
democracies. So what will Satz answer the working-class men and women of
Manchester?
I do not profess to know what citizens in Manchester thought and
felt 218 years ago. But what I know about them suggests that they saw
their mobilization not as an onerous task regrettably required by
religious or moral duty but as a necessary component of a life worth
living and as an urgent service to their country. In any case, this is
the inspiration I want to convey to the citizens of the affluent
countries today. I am not writing against you, to make you feel guilty
or to present you with an itemized bill for wrongful damages done. I am
writing for you, to suggest that we can lead much better, happier lives
in a much better country if we are willing to do without that bit of
extra affluence now purchased for us with rivers of blood, sweat, and
tears of the global poor.
It is not hard to see that the opportunity cost of eradicating
severe poverty is small: though 44 percent of the people in the world
are counted as poor by the World Bank's $2 per day threshold, their
collective shortfall from this international poverty line amounts to
barely 1 percent of the global product. The U.S. share of the rich
countries' opportunity cost of avoiding severe poverty worldwide
would be around $100 billion annually, not much more than the $70
billion annual cost of the current "humanitarian" occupation
of Iraq. (30)
It is harder to see that a determined effort at reform is likely to
succeed. Knowing the enormous magnitude of death and destruction caused
by world poverty, one is inclined to assume that many things must go
right for such a huge problem to be solved. But, to the contrary, many
things must go wrong for it to persist on such a massive scale year
after year. In particular, many features of our global institutional
order must all be designed and adjusted without giving weight to the
imperative of poverty avoidance. And the overwhelming majority of the
affluent must manage to avoid facing up to what we are doing. Despite
its fearsome magnitude and destructiveness, the world poverty problem is
fragile. An intelligent effort by even just 11,000 people could trigger
its defeat, as the Manchester mobilization of 1787 triggered the defeat
of slavery.
(1) Thomas W. Pogge, World Poverty and Human Rights: Cosmopolitan
Responsibilities and Reforms (Cambridge: Polity Press, 2002). All
in-text citation references are to this book, unless otherwise noted.
(2) Shaohua Chen and Martin Ravallion, "How Have the
World's Poorest Fared since the Early 1980s?" World Bank
Research Observer 19 (2004), p. 153.
(3) This figure is reported each year by the United Nations
Development Programme. The latest figure is 831 million. See UNDP, Human
Development Report 2004 (New York: UNDP, 2004), pp. 129-30.
(4) UNICEF, The State of the World's Children 2005 (New York:
UNICEF, 2005), inside front cover.
(5) For example, those living below $2 a day in 1987 constituted
49.3 percent of the global population then, whereas those living below
$2 a day in 2001 constituted only 44.5 percent; see
www.census.gov/ipc/www/worldpop.html.
(6) See Thomas Pogge, "Real World Justice," Journal of
Ethics 9 (2005), pp. 38-39. This essay is a defense of my book, first
presented at the American Philosophical Association Eastern Division
Meeting, Washington, D.C., December 30, 2003, where Risse, Patten, and
Satz were the featured critics of an author-meets-critics session.
(7) See the example of human rights deficits on Venus in Pogge,
World Poverty and Human Rights, p. 198. To be sure, there may well be a
duty to create a common institutional scheme when this is needed to
fulfill human rights. But this question falls outside the scope of my
book, which focuses on the moral claims persons have, by virtue of their
human rights, on any institutional order imposed upon them and hence
against those who are imposing this order.
(8) Robert Nozick, Anarchy, State, and Utopia (New York: Basic
Books, 1974), ch. 4. See also Thomas W. Pogge, Realizing Rawls (Ithaca:
Cornell University Press, 1989), p. 19, n. 6.
(9) Examples abound and have now come to be publicly deplored even
by pillars of the establishment. A classic example of grandfathering is
the so-called Peace Clause, Article a3 in the WTO Agricultural
Agreement, which protected the agricultural subsidies of the affluent
countries; see www.tradeobservatory.org/head lines.cfm?RefID=18901. Some
of the abuses are summarized in a recent speech,"Cutting
Agricultural Subsidies" by World Bank chief economist Nicholas
Stern; available at globalenvision.org/library/6/309. See also the book
by Stern's predecessor, Joseph Stiglitz: Globalization and Its
Discontents (New York: W. W. Norton, 2003).
(10) Citing research by the IMF, Nicholas Stern estimated that
rich-country protectionism in textiles alone entails 27 million lost
jobs in developing countries. "Every textile job in an
industrialized country saved by these barriers costs about 35 jobs in
these industries in low-income countries" (Stern, "Cutting
Agricultural Subsidies"). By depressing wage levels, such
unemployment aggravates severe poverty far beyond the ranks of the
unemployed and their extended families.
(11) See Pogge, "Real World Justice," p. 48.
(12) See Conventional Arms Transfers to Developing Nations,
1996-2003 (Washington, D.C.: Congressional Research Service, 2004), p.
43; available at www.fas.org/man/crs/RL32547.pdf.
(13) I suspect that Cruft's sentiment here is partly explained
by his occasionally losing sight of the fact that there are two other
kinds of positive duties: those indirectly entailed by human rights and
those not entailed by human rights at all. Thus, he writes, for example:
"If human rights are negative rights that entail no other-directed
precautionary duties, then you cannot be subject to such a duty. But
this overlooks the ties of community and fraternity that should bind us
all" (p. 33 R, this journal). Clearly, there are important positive
(and negative) duties that are not entailed by human rights--duties to
ensure that others not inflict cruelty on animals, for instance (and
duties not to lie).
(14) The distinction is most fully developed in Thomas Pogge,
"O'Neill on Rights and Duties," Grazer Philosophische
Studien 43 (1992), pp. 133-47.
(15) I leave her important challenge regarding individual
responsibility to the following section.
(16) See Pogge, "Real World Justice" pp. 36ff.
(17) Ibid., pp. 34-36.
(18) Ibid., p. 34. See Pogge, World Poverty and Human Rights, pp.
132, 240 n. 207, 241 n. 216.
(19) See Pogge, "Real World Justice," pp. 45-46.
(20) Ibid., pp. 44-53.
(21) Ibid., pp. 47-48.
(22) This regime was created through the Agreement on Trade-Related
Aspects of Intellectual Property Rights, concluded in 1995.
(23) Medecins Sans Frontieres, Fatal Imbalance: The Crisis in
Research and Development for Drugs for Neglected Diseases (Geneva:
Medecins Sans Frontieres, 200l), pp. 10-11; available at
www.msf.org/source/access/2001/fatal/fatal.pdf.
(24) Patrice Trouiller, Els Torreele, Piero Olliaro, Nick White,
Susan Foster, Dyann Wirth, and Bernard Pecoul, "Drugs for Neglected
Diseases: A Failure of the Market and a Public Health Failure?"
Tropical Medicine and International Health 6, no. n (200l), pp. 945-51;
available at www.neglecteddiseases.org/tmih.pdf.
(25) See Thomas W. Pogge, "Human Rights and Global Health: A
Research Program," in Christian Barry and Thomas Pogge, eds.,
Global Institutions and Responsibilities, special issue of
Metaphilosophy 36, nos. 1-2 (2005), pp. 182-209.
(26) See, e.g., WHO, Macroeconomics and Health: Investing in Health
for Economic Development (Geneva: WHO Publications, 2001); available at
www.cmhealth. org/www.cid.harvard.edu/cidcmh/CMHRepor t.pdf. The
commission that produced this report, chaired by Jeffrey Sachs,
concluded that some 8 million deaths could be prevented each year in the
poor countries through real access to medical care at a cost of about
$60 billion annually.
(27) She asks: "Is a laid-off American steelworker ... really
more responsible for global poverty than a rich citizen of a poor
country?" (p. 51 L, this journal). The answer is: certainly not.
The present global institutional order is designed by, and for the
benefit of, the political and economic elites of both rich and poor
countries. The rich citizen of a poor country thus typically shares
responsibility for global institutional arrangements. In addition, he or
she also shares responsibility for the national institutional order of
his/her country, which typically promotes domestic corruption and severe
poverty.
(28) Of course, we ought not to employ such a most miserly estimate
of our compensation obligations because, seeing how very badly off the
global poor are relative to us, underestimates (to their detriment) are
vastly more consequential than overestimates. See Christian Barry,
"Applying the Contribution Principle," in Barry and Pogge,
eds.: Global Institutions and Responsibilities, pp. 210--27.
(29) The statement, "Never doubt that a small group of
thoughtful, committed citizens can change the world. Indeed, it is the
only thing that ever has," has been attributed to her.
(30) See United Press International, "Iraq War Topping $5.8
Billion A Month," November 17, 2004.
Thomas Pogge, Many thanks to the editors of Ethics &
International Affairs and my fellow symposiasts for making this exchange
possible, and to David Alvarez Garcia, Nicole Hassoun, Keith Horton,
Rekha Nath, and Ling Tong for their critical comments.