The supporters of the neurodiversity movement contend that autism is not a mental disorder, but rather a natural human variation. In a recent paper Jerome Wakefield, David Wasserman and Jordan Conrad (2020) argued against this view relying on Wakefield’s harmful dysfunction theory of mental disorder (the HD theory). Although I argue that the HD theory is problematic, I contend that arguments offered by Wakefield et al. (2020) against those of the neurodiversity movement are plausible, except in one respect: their claim that high functioning autism in general is not a disorder is not well supported. I argue instead that the disorder status of high-functioning autistic persons should be judged on a case-by-case basis, depending on the harmfulness of the condition. In this regard, I maintain that the list of basic psychological capacities provided by George Graham (2010) provides an adequate conceptualization of harm. Moreover, I show how this framework may offer an appropriate tool for a case-by-case assessment of harm associated with high-functioning autism.

Cosmopolitans including Charles Beitz, David Richards, Brian Barry, Thomas Pogge and Gillian Brock propose the device of an original global position to work out global principles of justice. However, John Rawls does not agree with this kind of proposal. In this paper, I add two key original contributions, which go beyond previous arguments by cosmopolitans and advance the current debates. First, to argue against Rawls’s objection to the global original position, I demonstrate the importance of the distinction between accepting a particular substantive principle and accepting the original position procedure. Second, in order to respond to cultural pluralism, I take a unique approach to show that the idea of the person as free and equal is a fundamental part of the global public culture by examining the most fundamental legal documents: the proto-constitutional documents in international law and the constitutions of the major states. I apply Samuel Huntington’s classification of civilisations to identify the major civilisations and their core states and show that the idea of the person as free and equal is implicit in the constitutions of most infl uential countries even these countries are categorised in different civilisations.