Papers by Alfonso Donoso
Two things central to the Antarctic Treaty System fill the minds of ethicists and political theor... more Two things central to the Antarctic Treaty System fill the minds of ethicists and political theorists the more often they reflect upon them: territorial sovereignty (AT, IV.2) and the intrinsic value of Antarctica (Protocol, art.3). Regarding its intrinsic value, in the first half of the paper I argue that to give adequate consideration to the different morally significant constituent parts of Antarctica, it is necessary to recognise sentient animals as a fundamental source of intrinsic value. In the second part of the paper, I look at the implications this interpretation would have particularly, but not only, for those States with sovereignty claims over the continent. The conclusion I draw is twofold. On the one hand, State sovereignty in Antarctica would have to become conditional to acting on the continent in ways that are consistent with the respect owed to wild sentient animals. On the other hand, claimant States and State parties would be required to revisit and amend domestic policies that generate direct harm or unreasonable risk to wild animals in the white continent, even when performed far away from Antarctica.
The climate crisis has implications for the idea of justice. The paper explores this idea to inqu... more The climate crisis has implications for the idea of justice. The paper explores this idea to inquire whether climate change wrongs animals and, if it does, how these wrongs are constitutive of an injustice. The first question is answered in the positive to then propose an answer to the second question through an account of climate injustice articulated as a problem of distribution of ecological space. On that basis, the general conclusion of the paper is that at least some harms suffered by animals are constitutive of climate distributive injustices. They are cases of wrongful appropriation of ecological space, that is, of the benefits that the Earth's life-support systems and its physical resources provide to sentient animals. These are wrongs against animals that should be condemned, prohibited and redressed.
According to the brain drain argument, there are good reasons for states to limit the exit of the... more According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. In this article, on the contrary, we suggest that the liberal conception of states’ legitimate political authority demands, and not just permits, that developing states from which migration of skilled workers occurs set up contractual mechanisms. These mechanisms will ensure that state-funded training in the health sector is provided against a commitment on the part of future professionals to reciprocate with their services for the benefits obtained. If one of the conditions for the state to maintain legitimate political authority is to provide basic services such as healthcare to its subjects (while respecting at the same time their autonomy and freedom), then this is what developing states affected by the brain drain ought to do. What we call the authority-based approach to the brain drain also helps to clarify the obligations that other states have not to interfere with these contractual mechanisms when they exist, and not to profit from their absence. Inspired by FIFA’s legal instruments of training compensation and solidarity mechanism for the transfer of players, we conclude by suggesting a plausible global policy to complement this authority-based approach.
In environmental ethics, legal and political representation of non-humans is a widespread aspirat... more In environmental ethics, legal and political representation of non-humans is a widespread aspiration. Its supporters see representative institutions that give voice to non-humans' interests as a promising strategy to respond to worldwide illegitimate exploitation of non-human beings. In this article I engage critically with those who support this form of representation and address two issues central to any account concerned with the legal and political representation of non-human living beings: what should be represented? and what are the conditions of such a representation? The answers I provide to these queries count as a first step towards a comprehensive account of the institutional representation of non-human nature.
RESUMO Neste artigo, exploro se justiça retributiva liberal deve ser concebida ou individualista ... more RESUMO Neste artigo, exploro se justiça retributiva liberal deve ser concebida ou individualista ou de forma holística. Examino criticamente a conta individualista da justiça retributiva e sugiro que a questão da retribuição -quando a punição de um indivíduo é compatível com o tratamento justo desse indivíduo -deve ser respondida de forma holística. Recorrendo ao ideal de razões sensíveis, um modelo de legitimidade na base dos nossos melhores modelos normativos de democracia, argumento que, nas democracias liberais modernas, a punição de um delinquente A para φ é compatível com o tratamento justo de A só se punição de um indivíduo para φ pode ser legítimo aos olhos de A e seus concidadãos. Uma vez que a justiça retributiva é entendida dessa forma holística, a imposição da pena pode ser compatível com o tratamento justo de indivíduos. ABSTRACT In this article I explore whether liberal retributive justice should be conceived of either individualistically or holistically. I critically examine the individualistic account of retributive justice and suggest that the question of retribution -i.e., whether and when punishment of an individual is compatible with just treatment of that individual -must be answered holistically. By resorting to the ideal of sensitive reasons, a model of legitimacy at the basis of our best normative models of democracy, the article argues that in modern liberal democracies, punishment of an offender A for f is compatible with just treatment of A only if punishment of an individual for f can be legitimate in A's and A's fellow citizens' eyes. Only once retributive justice is understood in this holistic fashion the imposition of punishment can be made compatible with just treatment of individuals.
Revista de Ciencia Politica, 2012
433 revista de ciencia pOLítica / vOLumen 32 / nº 2 / 2012 / 433 -448 * mis agradecimientos a Joh... more 433 revista de ciencia pOLítica / vOLumen 32 / nº 2 / 2012 / 433 -448 * mis agradecimientos a John d. charney y dos evaluadores anónimos de rcp por sus valiosos comentarios. parte importante de este artículo es resultado de mi proyecto Fondecyt postdoctoral nº 3120155.
Book Reviews by Alfonso Donoso
One of the first things striking readers of Criminal Law Conversations is its unusual methodology... more One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book's three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.
Criminal Law and Philosophy, Jan 1, 2010
Punishment and Freedom develops in detail Alan Brudner's liberal theory of the penal law. Althoug... more Punishment and Freedom develops in detail Alan Brudner's liberal theory of the penal law. Although theories of this sort are not legion, in the common law tradition they have been articulated in depth and with sophistication. Alan Brudner's contribution certainly maintains these high standards, but his account is framed in a way that is unusual for those educated in the Anglo-American school of penal philosophy, largely influenced by the philosophy of Jeremy Bentham and J. S. Mill. Alan Brudner's theory, instead, finds its most important resources elsewhere. It is not Bentham or Mill, but G. W. Hegel who provides the tools and the spirit of this theory. This different philosophical framework not only means that different meanings and ideas are brought to the fore, but also that new challenges are posed to those who have been working hard to ground a liberal criminal law in more common sources.
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Papers by Alfonso Donoso
Book Reviews by Alfonso Donoso