The Right to Exclude
When
Title: The Right to Exclude
Abstract: Like Robert Nozick, I believe that individuals have robust rights to freedom of association that allow them to reject prospective associates. Unlike Nozick, I think samaritan duties can restrict our rights to exclude. I thus argue that, in the absence of a previous transaction or preexisting relationship, individuals are free to exclude others whenever this exclusion does not violate their samaritan rights. Despite some morally relevant differences between persons and states, I suggest that legitimate states enjoy rights to freedom of association that largely parallel those of individuals. Thus, while these rights to political self-determination generally entitle states to decide whether and with whom to associate in international organizations, samaritan responsibilities can restrict the rights of these organizations to exclude outsiders when this exclusion is the only way to rescue those who are sufficiently imperiled. Under normal circumstances, then, NATO would have no obligation to invite Ukraine to join its military alliance. Given the toll that Russia’s current aggression is taking upon innocent Ukrainian civilians, it is tempting to suppose NATO has a special duty to incorporate Ukraine into its association. In response, I argue that, while NATO’s states may well have a duty to protect vulnerable Ukrainians, they can fully discharge this obligation without expanding NATO’s membership. In fact, if NATO could have prevented the current war by assuring Putin that it would not invite Ukraine into its association, it may actually have had a samaritan duty to exclude Ukraine from its alliance.
As always, the talk will be in the Maloney Seminar Room, Social Science Building 224, 3-5p (Zoom option available here). Drinks to follow. Please email Thony, this week's host, if you're interested in joining Thony and Kit for dinner afterwards (Anello).
Hope to see you there!
Remaining talks this semester:
- February 7: Rowan Bell (University of Guelph)
- March 7: Dee Payton (University of Virginia)
- March 21: Kai von Fintel (MIT)
- March 28: Cheshire Calhoun (Arizona State University)
- April 4: David Henderson (University of Nebraska)
- April 11: Shyam Nair (Arizona State University)
- April 25: Mark Schroeder (University of Southern California)