Proponemos una reflexión en torno a los problemas de justicia (e injusticia) con el propósito de aportar a la fundamentación de criterios para una revisión y transformación del modo en que se instrumentaliza la atención de salud de grupos subalternizados (v. gr. mujeres migrantes). Repasamos las concepciones clásicas (Aristóteles) y contemporáneas de justicia (Rawls, Sen), así como una elaboración ético-crítica con perspectiva latinoamericana (Dussel), con el propósito de dilucidar en modo en que se operacionaliza, entre distribución y reconocimiento, una concepción (...) de justicia que habilite prácticas acordes a la libre decisión y realización del propio proyecto de vida. (shrink)

I would like to present a two part response to the following question that Seyla Benhabib posed at a conference at Harvard University in 1999: “Is there a Transition from Distribution to Recognition?” The first part proposes that issues of distribution and recognition should be seen as aspects of political struggles, rather than distinct types of struggle, and thus a form of analysis is required that has the capacity to study political struggles under both aspects. The second part suggests that (...) struggles over multicultural and multinational recognition are undergoing an important change in practice which requires a corresponding change in the prevailing forms of analysis. These two recommendations rest on and follow from an underlying orientation. The primary but not exclusive orientation would be practices of freedom rather than theories of justice. The aim of such an aspectival political philosophy and corresponding democratic political practice would not be to discover and constitutionalize thejust and definitive form of recognition and distribution, but to ensure that ineliminable, agonic democratic games over recognition and distribution, with their rival theories of distribution and recognition, can be played freely, with a minimum of domination. (shrink)

This article argues that a theory of recognition cannot provide the comprehensive basis for a critical theory or a conception of social justice. In this respect, I agree with Fraser's impulse to include more in such a theory, such as distributive justice and participatory parity. Fraser does not go far enough, to the extent that methodologically she seeks a theory of the same sort as Honneth's. Both Honneth's and Fraser's comprehensive theories cannot account for a central phenomenon of contemporary societies: (...) domination as structural exclusion rather than tyranny or the lack of parity. This phenomenon shows that at the very least freedom ought to remain central to any critical theory of globalization. Most of all, both theories fail to provide a way to decide whether democratic practices can produce justice. A pluralist and pragmatic form of critical theory is thus superior to any comprehensive normative theory. (shrink)

I shall first briefly revisit the broad idea of ‘epistemic injustice’, explaining how it can take either distributive or discriminatory form, in order to put the concepts of ‘testimonial injustice’ and ‘hermeneutical injustice’ in place. In previous work I have explored how the wrong of both kinds of epistemic injustice has both an ethical and an epistemic significance—someone is wronged in their capacity as a knower. But my present aim is to show that this wrong can also have a political (...) significance in relation to non-domination, and so to freedom. While it is only the republican conception of political freedom that presents nondomination as constitutive of freedom, I shall argue that non-domination is best understood as a thoroughly generic liberal ideal of freedom to which even negative libertarians are implicitly committed, for non-domination is negative liberty as of right—secured non-interference. Crucially on this conception, non-domination requires that the citizen can contest interferences. Pettit specifies three conditions of contestation, each of which protects against a salient risk of the would-be contester not getting a ‘proper hearing’. But I shall argue that missing from this list is anything to protect against a fourth salient threat: the threat that either kind of epistemic injustice might disable contestation by way of an unjust deflation of either credibility or intelligibility. Thus we see that both testimonial and hermeneutical injustice can render a would-be contester dominated. Epistemic justice is thereby revealed as a constitutive condition of non-domination, and thus of a central liberal political ideal of freedom. (shrink)

Seyla Benhabib’s The Claims of Culture: Equality and Diversity in the Global Era (2002), is considered in terms of three main virtues: first, it moves the question of political justice beyond the debate on the priority of recognition over distribution; second, it contributes to the expansion of the notion of communicative freedom and how it relates to rights; and third, it lays down the foundation for a cosmopolitan, post-nationalistic, form of citizenship that would have as its core the rights (...) of association and existence. Three areas of concern and potential disagreement are discussed: first, whether Benhabib could be accused of a type of culturalism that celebrates too quickly postethnic America at the expense of the agenda of racial justice still to be addressed in the United States; second, whether in this work Benhabib has given enough attention to the political claims of memory, especially when these claims are enunciated from colonial pasts; third, in conclusion, how cultural justice, or respect for cultural diversity, can contribute to biodiversity’s preservation in the age of the coming largest extinction of biodiversity. (shrink)

In this paper I argue that individuals are, prior to the existence of just institutions requiring that they do so, bound as a matter of global distributive justice to restrict their use, or share the benefits fairly of any use beyond their entitlements, of the Earth’s capacity to absorb greenhouse gases (EAC) to within a specified justifiable range. As part of the search for an adequate account of climate morality, I approach the task by revisiting, and drawing inspiration from, two (...) prominent models from classical political philosophy for thinking about norms (rights, permissions, limits, etc.) regarding “pre-institutional” appropriation of unowned resources; Locke and Kant, respectively. The basic resources they develop—connected to fundamental norms of equality and rights to self-preservation and freedom—in order to generate their particular schema for distributive shares prior to the existence of just institutions can be usefully and plausibly connected up with the scarce, valuable, rival, non-excludable, global, and unowned resource that is EAC in order to undergird a picture of individual climate duties in the contemporary world. It is a picture that comes with some fairly radical implications, especially for the well-off. (shrink)

The problem of global climate changes has raised fundamental questions of justice in world politics centered around the vast discrepancies between the causes and the effects of global warming and the uneven levels of consumption/enjoyment of fossil fuels. The overwhelming majority of approaches in environmental ethics have focused on either distributive justice or rights-based frameworks. Climate change justice, however, can be explored through an alternative framework, an approach based on the recognition theory of Axel Honneth that has not been systematically (...) engaged with in this field. A critique of John Rawls’ The Law of Peoples as an exemplar of distributive approaches reveals a number of limitations inherent in Rawlsian models of climate-change justice. Honneth’s theory of recognition is an advance on distributive models toward a notion of climate justice in which the conditions necessary for the “functioning and flourishment” of human freedom includes climatic stability as a basic social condition. The ideal of mutual recognition provides a basis for environmental protections, including but not limited to the global atmosphere as a necessary condition for the realization of self-autonomy for all human kind. (shrink)

The dominant focus of thinking about economic justice is overwhelmingly distributive, that is, concerned with what people get in terms of resources and opportunities. It views work mainly negatively, as a burden or cost, or else is neutral about it, rather than seeing it as a source of meaning and fulfilment—a good in its own right. However, what we do in life has at least as much, if not more, influence on whom we become, as does what we get . (...) Thus we have good reason also to be concerned with what Paul Gomberg has termed contributive justice , that is, justice as regards what people are expected and able to contribute in terms of work. Complex, interesting work allows workers not only to develop and exercise their capacities, and gain the satisfaction from achieving the internal goods of a practice, but to gain the external goods of recognition and esteem. As Gomberg’s analysis of the concept of contributive justice in relation to equality of opportunity shows, as long as the more satisfying kinds of work are concentrated into a subset of jobs, rather than shared out among all jobs, then many workers will be denied the chance to have meaningful work and the recognition that goes with it. In this paper I examine the contributive justice argument, suggest how it can be further strengthened, arguing, inter alia, that ignoring contributive injustice tends to support legitimations of distributive inequality. (shrink)

A republican theory of social justice specifies how republican freedom should be distributed. The goal of this paper is to assess the plausibility of two recently proposed principles of republican social justice: an aggregative maximizing principle defended by Philip Pettit in Republicanism and a sufficiency principle of republican social justice offered by Pettit in On the People’s Terms. The maximizing principle must be rejected because it permits under-protecting vulnerable members of society in favor of increasing the freedom of (...) the powerful. The sufficiency principle avoids the most basic objection to the maximizing principle, but it is at best an incomplete theory of social justice. Social justice requires principle(s) for determining the justice of distributions above the sufficiency threshold and republican theory does not determine which principle(s) should govern distributions above the threshold. Republicans must decide whether they will incorporate an independent commitment to equality within their theory of social justice. (shrink)

In the 1980s extra-parliamentary social movements and critical theories of race, class, and gender added a new sociocultural understanding of justice—recognition—to the much older socioeconomic one. The best-known form of the struggle for recognition is the identity politics of disadvantaged groups. I argue that there is still another option to conceptualize their predicament, neglected in recent political philosophy, which understands exclusion not in terms of injustice, more particularly a lack of sociocultural recognition, but in terms of a lack of (...) class='Hi'>freedom. I draw my inspiration from Hannah Arendt's model of political action. Arendt diagnoses exclusion not solely as a mode of injustice, but as a lack of participation and public freedom. Consequently, she advocates a struggle for participation, political equality, and freedom as a strategy for emancipation or empowerment. Arendt could help feminists see that collective empowerment is made possible not by a shared identity (the target of poststructuralist critics) but by common action in the service of a particular worldly issue or common end. In other words, feminists would do well to appreciate the revolutionary quality and heritage of the feminist movement better, that is, its character as a set of practices of freedom. (shrink)

"The Nordic welfare states have arguably been successful in terms of social solidarity – although the heavily institutional and state-driven solutions as opposed to community- or family-based ones in various issues from child to elderly care may have made it seem as mere ‘quasi-solidarity’ in comparison to more communitarian ideals. This essay approaches such social solidarity in terms of Axel Honneth’s recognition-theoretical framework – arguing that there’s much more potential in Honnethian ideas of recognition and esteem than in Honneth’s official (...) view in Struggle for Recognition linking social solidarity only to social esteem based on contributions to the shared good. The first section briefly introduces Honneth’s three forms of recognition and also distinguishes social solidarity from other relevant notions of solidarity. It points out that there is far from perfect overlap between the ideas of social solidarity and social esteem. Of the three main forms of Honnethian recognition, one can link the notion of social solidarity to respect and care as well, and not primarily to esteem. In the final section these forms of mutual recognition will be discussed in the context of justifying basic income which arguably institutionalises high solidarity, yet is prima facie more straightforward to justify in terms of respect or care than in terms of esteem. The reason is that esteem is supposed to be conditional on differential merits, capacities, contributions or achievements whereas basic income is supposed to be unconditional. Furthermore, section two points out that there may be varieties of esteem and some of such varieties of “politics of esteem” may not that centrally be related to social solidarity. It distinguishes between three contexts of social esteem. One is related to the minimum standing as free from discrimination in terms of disesteem, another is related to one’s being a contributor to the shared social ends in some publicly defined role, and the third is related to excellence in one’s personal projects of self-realisation. The third section articulates some challenges to any kind of ‘politics of esteem’: how to decide whether something is or is not esteem? How would a good society respond to these kinds of cases – especially ones compatible with the modern universalistic ethos? What to think of the positive duties and permissions to engage in the “esteem services” of actually forming opinions and giving recognition? And finally, how to see the relation between social esteem and social solidarity? The sections four to six then go through the three kinds of cases (non-discrimination, contributions, self-realisation), answering the four questions: is this really a kind of esteem? Is it compatible with the ethos of universalism? How to distribute the related duties and permissions? How is it related to social solidarity? These sections map the ethical and political consequences of the claim that full human agency is dependent on positive relations to self, including self-esteem, and that these relations are deeply dependent on the recognition from other individuals and institutions such as the state. The basic Honnethian idea is that a good society is sensitive to the dynamics of self-relations and recognition. For example, the invisible housework by women should get due recognition, and welfare services should not be delivered in a stigmatising or demeaning fashion as stigmatising practices may lead to an internalised sense of inferiority and low self-esteem. Section seven finally takes up the question of basic income in light of the various forms of recognition and esteem, to be followed by a brief conclusion. ". (shrink)

In a recent article in this journal, Carl Knight and Andreas Albertsen argue that Rawlsian theories of distributive justice as applied to health and healthcare fail to accommodate both palliative care and the desirability of less painful treatments. The asserted Rawlsian focus on opportunities or capacities, as exemplified in Normal Daniels’ developments of John Rawls’ theory, results in a normative account of healthcare which is at best only indirectly sensitive to pain and so unable to account for the value of (...) efforts of which the sole purpose is pain reduction. I argue that, far from undermining the Rawlsian project and its application to problems of health, what the authors’ argument at most amounts to is a compelling case for the inclusion of freedom from physical pain within its index of primary goods. (shrink)

Aristotle is critical of the political egalitarianism advocated by ancient participatory democracies on the grounds that serious inequalities exist among citizens. Nevertheless, when he constructs his own complete political ideal in his Politics, he advocates an egalitarianism that is even stronger and wider in scope than the democratic one; it goes beyond equal political shares, proposing equality in many other things, including resources and wealth. Such strong egalitarianism is motivated by the kind of complete political ideal he aims to delineate—a (...) city possessing the best constitution and all the other good-making characteristics of a polis. To ground such characteristics, Aristotle makes several ideal assumptions about the human and non-human resources necessary for a polis. Some of these assumptions secure the kind of equality in political capacities and virtue among the citizens Aristotle needs for justifying, by the application of his principle of distributive justice, numerically equal shares in political office, resources, and other goods or burdens. Ideal, albeit negative, assumptions about indispensable non-citizen groups enable Aristotle to specify the features of those necessary for securing some private and civic goods essential to his complete political ideal and to justify certain extreme inequalities within his polis. This paper explores the nature of these assumptions, the role they play in the distribution of goods and burdens, and some of the problems they give rise to within Aristotle’s complete political ideal. (shrink)

Solidarity has for a long time been referred to as the core value underpinning European health and welfare systems. But there has been debate in recent years about whether solidarity, with its alleged communitarian content, can be reconciled with the emphasis on individual freedom and personal autonomy. One may wonder whether there is still a place for solidarity, and whether the concept of justice should be embraced to analyse the moral issues regarding access to health care. In this article, (...) I will answer this question by analysing the normative foundations of the concept of justice, followed by a deeper examination of the concept of solidarity in continental philosophy. More specifically, I will compare the philosophical traditions rooted in Kant to approaches rooted in Hegel. In addition, I will present the work of Avishai Margalit on the decent society to criticize a predominantly liberal approach to access to health care. The importance of solidarity lies particularly in its emphasis on relational aspects and the role of recognition in care practices, which are usually ignored in liberal approaches to justice. However, the article will argue that solidarity is not an alternative to a rights-based concept of justice, but must be considered as a necessary complement to it. (shrink)

Solidarity has for a long time been referred to as the core value underpinning European health and welfare systems. But there has been debate in recent years about whether solidarity, with its alleged communitarian content, can be reconciled with the emphasis on individual freedom and personal autonomy. One may wonder whether there is still a place for solidarity, and whether the concept of justice should be embraced to analyse the moral issues regarding access to health care. In this article, (...) I will answer this question by analysing the normative foundations of the concept of justice, followed by a deeper examination of the concept of solidarity in continental philosophy. More specifically, I will compare the philosophical traditions rooted in Kant (with emphasis on autonomy and individual rights) to approaches rooted in Hegel (with emphasis on individual relations of recognition). In addition, I will present the work of Avishai Margalit on the decent society to criticize a predominantly liberal approach to access to health care. The importance of solidarity lies particularly in its emphasis on relational aspects and the role of recognition in care practices, which are usually ignored in liberal approaches to justice. However, the article will argue that solidarity is not an alternative to a rights-based concept of justice, but must be considered as a necessary complement to it. (shrink)

Solidarity has for a long time been referred to as the core value underpinning European health and welfare systems. But there has been debate in recent years about whether solidarity, with its alleged communitarian content, can be reconciled with the emphasis on individual freedom and personal autonomy. One may wonder whether there is still a place for solidarity, and whether the concept of justice should be embraced to analyse the moral issues regarding access to health care. In this article, (...) I will answer this question by analysing the normative foundations of the concept of justice, followed by a deeper examination of the concept of solidarity in continental philosophy. More specifically, I will compare the philosophical traditions rooted in Kant to approaches rooted in Hegel. In addition, I will present the work of Avishai Margalit on the decent society to criticize a predominantly liberal approach to access to health care. The importance of solidarity lies particularly in its emphasis on relational aspects and the role of recognition in care practices, which are usually ignored in liberal approaches to justice. However, the article will argue that solidarity is not an alternative to a rights-based concept of justice, but must be considered as a necessary complement to it. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As (...) the author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

This article investigates one of the major problems of modern political philosophy – the problem of justice in its fundamentally important methodological measurement in the Context of Ukraine. It’s consistently shown that justice belongs to a prominent place among the moral and social values: particularly its people owe to each other, because it is the scale, which measured freedom, equality and human rights.For this purpose it is analyzed the relationship and difference of methodological changes in grasping the concept of (...) justice in the works of K-O-Apel, J.Habermas, O.Höffe, R.Forst. It was found that Habermas interprets a new essence of solidarity and justice as normative principles of a democratic state where the requirement of respect for the dignity of each based on the acceptance of the inviolability of his body, life and property. It is proved that O.Höffe draws attention to the need of fundamental changes in the understanding of social justice, emphasizing the pre-modern, paternalistic sense of distributive models. Іn the writings of R.Frost social justice gain a political dimension, just as political or social relationship can exist only in case of their full justification, respect for human dignity. In the latest theories of justice is said that the victim of injustice is firstly the one who is ignored both in the process of manufacturing and distribution of public goods. To conclude: only the justice of exchange permits us to solve the immediate, practical dilemma: should one hand over a part of one’s freedom to social, state, authoritative structures, or be independent of them and be unable to resort to their assistance in case of emergency. People, perforce, mutually abandon part of their freedom as legal agents in order to enjoy their right for freedom. If this abandonment is universal, such exchange may be considered just. By insisting that everything individual is also social because it requires and is embedded into social context, R.Forst presents intersubjectivity as a fundamental dimension of human existence that shows itself in our ability to self-determination, i.e. freedom, but within the limits of human community. Also his point is that our obligations are no less rooted in our existence than our rights, and law has no priority over good and depends on moral good as a defining factor of justice. (shrink)

"This book explores the relation between two key paradigms in the contemporary discourse on justice. Partly inspired by the debate between Nancy Fraser and Axel Honneth, it investigates whether the two paradigms, redistribution and recognition, are complementary, mutually exclusive, insufficient or essentially inadequate accounts of justice. Combining insights from the traditions of critical social theory and analytical political philosophy, the volume offers a multifaceted exploration of this incredibly inspiring conceptual couple from a plurality of perspectives. The chapters engage with concepts (...) such as universal basic income, property-owning democracy, poverty, equality, self-respect, pluralism, care, and work, all of which have an impact on citizens' recognition as well as on distributive policies. An important contribution to the field of political and social philosophy, the volume will be useful to scholars and researchers of politics, law, human rights, economics, social justice, as well as policymakers"--. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Toleration and Justice in the Laozi:Engaging with Tao Jiang's Origins of Moral-Political Philosophy in Early ChinaAi Yuan (bio)IntroductionThis review article engages with Tao Jiang's ground-breaking monograph on the Origins of Moral-Political Philosophy in Early China with particular focus on the articulation of toleration and justice in the Laozi (otherwise called the Daodejing).1 Jiang discusses a naturalistic turn and the re-alignment of values in the Laozi, resulting in a naturalization (...) of justice (impartiality) by rejecting artificial humaneness and rigid hierarchical moral-political structures. In this Laozian just world, there is no room for human intervention and rigid top-down enforcement of values, thus leaving justice to naturalized Heaven or Dao as the ultimate source of the cosmos.Based on Jiang's interpretative context, I show that there is a twofold justification for the "paradoxical" and "elusive"2 value of political toleration.3 A negative expression of toleration focuses on non-interference with choices, and non-enforcement of values toward those whom one reasonably disagrees with and regards as morally wrong. Such an attitude of toleration results in practical advantages such as avoiding entrenchment in bloodshed, abandonment, and deprivation.A positive expression of toleration operating in the Laozian ideal world requires equal protection of people as capable knowers, including those to whom we object. Such protection includes their ways of expression and an unbiased recognition of them as equally capable knowers so that they are heard without bias and prejudice. Such a kind of toleration is revealed as a constituent component of justice since it enables equal contribution toward the shaping of society without discrimination. In other words, toleration is seen as naturalized justice in a Laozian world within which no one is "being wronged with the capacity as a knower"—a kind of epistemic justice articulated by Miranda Fricker (Fricker 2007).4 [End Page 466]This article discusses how Jiang's political reconstruction of Laozian philosophy contains the seeds for a discussion of toleration, a value associated with distributive justice and against epistemic injustice. First, it introduces Jiang's arguments on a naturalization of justice and impartiality as Heavenly attributes in the Laozi. Second, it articulates the value of tolerance in the Laozi. Finally, I compare Laozian toleration with Confucian toleration using youwei- wuwei metaethical criticism.Moral-Political Philosophy in the LaoziJiang's interpretative framework about the origins of distributive justice in the Laozi starts with a discussion of the cosmogonic-mystical worldviews that signal "a new understanding of the nature of the cosmos, as well as a broad reorientation in the Heaven-human relationship in the mid-Warring States period" (p. 192). Differing from the interests in the origins of human culture or civilization in the Ru and Mo traditions, Jiang agrees with Franklin Perkins and identifies a "cosmogonic turn" in the late fourth century b.c. that reveals a demotion of anthropomorphic Heaven. By paring Heaven with earth and accordingly decentering human beings in the intellectual discourse, the Laozi directs equal values to the ten thousand things, with humans as just one among them (Perkins 2016, quoted in Jiang 2021, p. 196).5 Laozi's philosophy thus stands out by rejecting Heaven as caring for human affairs while taking Dao as the ultimate origin of the cosmos, as claimed in chapter 5 of the received text: "Heaven and earth are not humane; they treat ten-thousand things in the world as straw dogs; the sage is not humane; he treats people as straw dogs" (p. 199).With Jiang's reading of a naturalistic heaven, we see a re-alignment between cosmos and the human since sage-rulers follow the Heaven-Dao. The Laozian Dao is "self-so-ing" (ziran 自然), "accommodating" (rong 容), and "impartial" (gong 公), and thus marks a sharp contrast to Confucian familial bias resulting in "actively intervening in human affairs on behalf of the (certain) humans by appointing them to carry out its mission" (p. 200). With the sage emulating the ultimate Dao, the Laozi replaces the Confucian anthropocentric Heaven, which focuses on partiality (qin 親) and humaneness (ren 仁).This Laozian understanding of the cosmos also grounds its philosophical departure from Mohism despite both having a political... (shrink)

In his recent Rescuing Justice and Equality, G. A. Cohen mounts a sustained critique of coerced labour, against the background of a radical egalitarian conception of distributive justice. In this article, I argue that Cohenian egalitarians are committed to holding the talented under a moral duty to choose socially useful work for the sake of the less fortunate. As I also show, Cohen's arguments against coerced labour fail, particularly in the light of his commitment to coercive taxation. In the course (...) of defending those claims, I claim that Cohen's remarks on freedom of occupational choice and taxation exhibit partiality towards the interests of the better-off to the detriment of the less fortunate – a partiality which is in tension with his commitment to equality. (shrink)

Here is a picture of a society that one might suppose to be ideally just in its distributive practices: All members of the society are equally free to live in any way that they might choose, and institutions are arranged so that the equal freedom available to all is at the highest feasible level. What, if anything, is wrong with this picture? One might object against the insistence on equal freedom for all and propose that freedom should (...) instead be maximinned, or leximinned, or maximized, or distributed according to some alternative norm. In this essay I wish to set aside the choice of distributive norm. The question for this essay is whether freedom in any sense is the aspect of people's condition that is the right basis of interpersonal comparison for a theory of distributive justice. I approach this question by analyzing some rival conceptions of freedom. (shrink)

I finished the first draft of this lecture just before the NATO bombing campaign against Serbia began — a campaign that provides, I think, a prime example of the failure of international society. A double failure in this case: its political agencies were not able to respond in a timely fashion to the disaster of the former Yugoslavia, and then they were not able to find a more effective form of military intervention. The problem both times wasn't one of organization (...) but of political will, and I am afraid that I won't have much to say in this lecture about how to solve it. No doubt there are organizational structures that lend themselves to swift and strong action in a crisis.But these structures can as easily produce reckless and cruel acts as wise ones, and so we need to limit their powers. And then, properly limited, they may not act at all. This dilemma is an old one, and my way of dealing with it — which, as you will see, is to multiply structures and agents in the hope that somewhere, somehow, someone will do the right thing — will certainly seem inadequate. I concede immediately that I cannot produce an organizational chart showing how a decision to act rightly in international society would be deliberated, and decided, and then resolutely carried out. There is no such procedural or organizational solution; we have to think instead of a political strategy for coping with crises and for creating the sorts of agents that might cope successfully. That's my goal. It doesn't answer to the urgency of the daily news, but these days nothing could answer.I imagine the possible political arrangements of international society as if they were laid out along a continuum marked off according to the degree of centralization. Obviously, there are alternative markings: the recognition and enforcement of human rights could also be measured along a continuum, as could democratization, economic laissez-faire, welfare provision, pluralism, and so on. But I think that focusing on centralization is the best way of opening a discussion of international politics and the quickest way to reach all the other political and moral questions, above all the classical question: what is the best or the best possible regime? What constitutional goals should we set ourselves in an age of globalization?My plan is to present seven possible regimes or constitutions or political arrangements. I will do this discursively, without providing a list in advance, but I do want to list the criteria against which the seven arrangements have to be evaluated: these are their capacity to promote peace, distributive justice, cultural pluralism, and individual freedom. Obviously, within the scope of a single lecture, I will have to deal much too briefly and summarily with some of the arrangements and some of the criteria. This is especially regrettable since the criteria turn out to be inconsistent with, or at least in tension with, one another. So my argument will be complicated, and could be, probably should be, much more so. (shrink)

I argue that transnational democracy provides the basis for a solution to the problem of the “democratic circle”—that in order for democracy to promote justice, it must already be just—at the international level. Transnational democracy could be a means to global justice. First, I briefly recount my argument for the “democratic minimum.” This minimum is freedom from domination, understood in a very specific sense. Employing Hannah Arendt's conception of freedom as “the capacity to begin,” the form of nondomination (...) sufficient for the democratic minimum is the capability to initiate deliberation and thus democratic decision-making processes. My point in developing this argument further concerns the political form of a transnational polity: its citizens enjoy the democratic minimum as members of variousdemoi. In the case of the European Union, this leads to a potential for democratic domination. I call this thedemoiproblem, a difficulty that holds for any multilevel polity, for bounded as well as transnational political communities. Second, I argue that such domination is overcome so long as the capacity to initiate deliberation is distributed among various units and various levels. The democratic minimum could fail to obtain not only because individuals or groups are dominated by nondemocratic means, but also because they are dominated democratically to the extent that the demos of one unit lacks the normative power to initiate deliberation and thus is subordinated to others. (shrink)

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not (...) a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

As a step towards a systematic comparative evaluation of the fairness of different language policies, a rationale is presented for the design of an index of linguistic justice based on public policy analysis. The approach taken is to define a ‘minimum threshold of linguistic justice’ with respect to government language policy in three domains: law and order, public administration, and essential services. A hypothetical situation of pure equality and freedom in the choice of language used by all members of (...) society in communicating with the state is used as a theoretical benchmark to study the distributive effects of policy alternatives. Departures from this standard incur lower scores. Indicators are chosen to assess effective access to three kinds of language rights: toleration (the lack of state interference in private language choices), accommodation (accessibility of public services in different languages), and compensation (symbolic and practical recognition of languages outside the dominant one). In order to take account of the cost-benefit trade-offs involved in providing language-related goods to language groups of varying sizes, a method is adopted for weighting scores with respect to compensation rights so that lack of recognition for larger groups incurs greater penalties, while factoring in the particular characteristics of each language-related good. A trial set of ten indicators illustrates the compromises entailed in balancing theoretical rigour with empirical feasibility. (shrink)

The call to struggle for social justice mobilizes progressive institutions, movements, and traditions that share nothing else. Progressives lacking any other ideological, religious, political, or cultural basis of commonality join together to make gains toward social justice, sometimes registering the historic limitations of this term by renaming it "eco-justice" or eco-social justice. The idea of social justice arose in the socialist and labor union movements of the mid-nineteenth century and was appropriated in Catholic and Protestant social teaching. Essentially it was (...) shorthand for the new meaning of distributive justice that emerged in response to the exploitation and severe inequality of the capitalist... (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

The central notion in this article is ‘pluriform accommodation,’ a term that we have coined to defend two lines of thought. The first is a plea for inclusive and consequential neutrality; the second is a closely linked plea for reasonable accommodation. With ‘pluriform accommodation’ we emphasize that the multicultural recognition scope should be expanded. The need for inclusive and accommodative rules, laws, and practices is a matter of principle and as such cannot be reduced to the inclusion of people with (...) an immigration background who bring with them all kinds of ethnocultural and religious practices, convictions, and traditions. Furthermore, the enshrined freedom of religion does not provide the needed protection for the multiplicity of conscientious identifications, convictions, and strong allegiances that might be central to one’s sense of self. We argue that we should not engage in (top down) debates about the rights of individuals and groups of different types and think in terms of identity hierarchies, but instead should consider the various claims being made (bottom up), aiming for common standards and criteria to assess the validity of these claims and the reasonableness of the associated accommodations. (shrink)

In this article I describe and defend an account of social freedom grounded in intersubjective recognition. I term this the ‘normative authorisation’ account. It holds that a person enjoys social freedom if she is recognised as a discursive equal able to engage in justificatory dialogue with other social agents about the appropriateness of her reasons for action. I contrast this with Axel Honneth’s theory of social freedom, which I term the ‘self-realisation’ account. According to this view, the (...) affirmative recognition of others is necessary for obtaining a positive relation-to-self and hence freedom. I identify several problems with this account, which challenge the connection Honneth draws between social recognition and freedom. I show how the normative authorisation account avoids these problems and captures some basic features of our everyday, normative interactions. Finally, I suggest that the account fits well with recent work on epistemic injustice. Specifically, it shows that securing the social conditions of freedom requires ensuring epistemically-just social relations. Thus, the normative authorisation account is an explanatorily powerful, inclusive theory of social freedom that fits well with wider accounts of justice and freedom. Thus, it represents the most promising way of understanding social freedom in terms of interpersonal recognition. (shrink)

Almost everyone believes that freedom from deprivation should have significant weight in specifying what justice between generations requires. Some theorists hold that it should always trump other distributive concerns. Other theorists hold that it should have some but not lexical priority. I argue instead that freedom from deprivation should have lexical priority in some cases, yet weighted priority in others. More specifically, I defend semi-strong sufficientarianism. This view posits a deprivation threshold at which people are free from deprivation, (...) and an affluence threshold at which people can live an affluent life, even though their lives may be even further improved beyond that point. I argue that freedom from deprivation in one generation lexically outweighs providing affluence in another generation; in all other cases, freedom from deprivation does not have lexical priority. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

Paul Ricœur devoted much of his last ten years to studies and analyses of justice and recognition. This paper will trace the indelible bonds between justice and recognition and claim that recognition is a necessary condition for justice and that justice is the telos or goal of recognition. I begin this paper with a review of the multiple meanings of recognition in the two famous French dictionaries, the Littré and the Le Grand Robert. In his book, The Course of Recognition, (...) Ricoeur groups recognition under three headings, recognition as a form of knowledge or cognition, self-recognition, and recognition of the other on the social and judicial level. The complexities of the meanings of “to recognize” and “recognition” are important in their roles in the realm of justice. I include in the concept of justice, the judiciary, both civil and criminal; distributive justice; and, social and political justice. For each one of these, there are multiple meanings of recognition that are important to understanding their foundation and their scope. There are meanings of recognition that are relevant to other aspects of social justice as the recognition of marginal, oppressed, devalued, groups as deserving of being treated as equals. The structure of my paper is to go through the various meanings and categories of meanings of “to recognize” and “recognition.” I give an account of each of the types of justice and show how various kinds of recognition are relevant to each kind of justice. (shrink)

Global-scale solar geoengineering raises critical ethical questions, including questions of distributive, procedural, and intergenerational justice. Although geoengineering is sometimes framed as a response to injustice, insofar as it might benefit those most vulnerable to climate-related harms, geoengineering also has the potential to exacerbate climate injustice, especially if control of research, governance, and potential plans for deployment remains concentrated in the hands of a few. The scope and scale of solar geoengineering, the diverse concerns it raises, and the lack of consensus (...) surrounding it pose particular challenges for justice. I argue that addressing these challenges requires an inclusive, dialogical approach that takes seriously diverse perspectives, particularly the perspectives of those who are most affected by climate change and those who have had the least voice in decisions surrounding it. The concept of recognition––as developed in the work of Nancy Fraser, David Schlosberg, and others––offers a normative ground for this approach and can help guide the development of institutions and practices directed toward geoengineering justice. (shrink)

There exists a significant disparity within society between individuals in terms of intelligence. While intelligence varies naturally throughout society, the extent to which this impacts on the life opportunities it affords to each individual is greatly undervalued. Intelligence appears to have a prominent effect over a broad range of social and economic life outcomes. Many key determinants of well-being correlate highly with the results of IQ tests, and other measures of intelligence, and an IQ of 75 is generally accepted as (...) the most important threshold in modern life. The ability to enhance our cognitive capacities offers an exciting opportunity to correct disabling natural variation and inequality in intelligence. Pharmaceutical cognitive enhancers, such as modafinil and methylphenidate, have been shown to have the capacity to enhance cognition in normal, healthy individuals. Perhaps of most relevance is the presence of an ‘inverted U effect’ for most pharmaceutical cognitive enhancers, whereby the degree of enhancement increases as intelligence levels deviate further below the mean. Although enhancement, including cognitive enhancement, has been much debated recently, we argue that there are egalitarian reasons to enhance individuals with low but normal intelligence. Under egalitarianism, cognitive enhancement has the potential to reduce opportunity inequality and contribute to relative income and welfare equality in the lower, normal intelligence subgroup. Cognitive enhancement use is justifiable under prioritarianism through various means of distribution; selective access to the lower, normal intelligence subgroup, universal access, or paradoxically through access primarily to the average and above average intelligence subgroups. Similarly, an aggregate increase in social well-being is achieved through similar means of distribution under utilitarianism. In addition, the use of cognitive enhancement within the lower, normal intelligence subgroup negates, or at the very least minimises, several common objections to cognitive enhancement. Subsequently, this paper demonstrates that there is a compelling case for cognitive enhancement use in individuals with lower, normal intelligence. (shrink)

Can we achieve greater fairness by reforming the corporation? Some recent progressive critics of the corporation arguethat we can achieve greater social justice both inside and outside the corporation by simply rewriting or reinterpreting corporate rulesto favor non-stockholders over stockholders. But the progressive program for reforming the corporation rests on a critical assumption,which I challenge in this essay, namely that the rules of the corporation matter, so that changing them can effect a lasting redistribution of wealth from stockholders to non-stockholders. (...) This essay uses a critique of the progressive reform program to argue that the rules ofthe corporation are distributively neutral. The corporation isn't rigged against non-stockholders, and changing its rules will not improve the bargaining power of non-stockholders. However, while the rules may be epiphenomenal from the standpoint of distributive justice, they can have substantial impacts on the corporation's efficiency. As a result, the proposed reforms may hurt the corporation's capacity to generate benefits for all the parties concerned. (shrink)

Amartya Sen is a renowned economist who has also made important contributions to philosophical thinking about distributive justice. These contributions tend to take the form of criticism of inadequate positions and insistence on making distinctions that will promote clear thinking about the topic. Sen is not shy about making substantive normative claims, but thus far he has avoided commitment to a theory of justice, in the sense of a set of principles that specifies what facts are relevant for policy choice (...) and determines, given a full characterization of any situation in terms of these relevant facts, what ought to be done in that situation. Moreover, Sen has expressed skepticism about the existence of a fully adequate theory in this sense. According to Sen there is a plurality of moral considerations that bear on choice of action and policy and no particular reason to think that weights can be attached nonarbitrarily to each consideration to yield a theory.1 “Sen’s proposal is that distributive justice entails equalizing midfare levels across persons,” writes John Roemer.2 “Other things being equal,” one has to add by way of correction to Roemer’s formulation. Sen holds that we should be concerned with the extent of people’s capability or freedom to attain midfare as well as the midfare level actually reached. Sen holds that distributive values.. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive justice. On (...) Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

In Freedom's Right Axel Honneth seeks to provide a theory of justice by appropriating Hegel's account of ethical substance in the Philosophy of Right, but he wants to do so without endorsing Hegel's more robust idealist commitments. I argue that this project can only succeed if Honneth can offer an alternative, comparatively robust demonstration of the rationality and normative coherence of existing social institutions. I contend that the grounds Honneth provides for this claim are insufficient for his purposes. In (...) particular, I argue that Honneth's claim that “justice and individual self-determination are mutually referential,” even were it to be accepted, would be insufficient to underwrite his more robust identification between the normative foundations of justice, autonomy and reciprocal self-realization. In the final section of the paper, I turn to Honneth's analysis of the “social institution” of friendship, which he, following Hegel, holds up as a paradigmatic instantiation of social freedom understood as, in Hegel's words, “being with oneself in another” . I argue that an analysis of the normative import of friendship wholly in terms of mutual recognition misses an important aspect of the kind of self-realization that friendship makes possible. (shrink)

The state subvention and distribution of health care not only jeopardize the financial sustainability of the state, but also restrict without a conclusive rational basis the freedom of patients to decide how much health care and of what quality is worth what price. The dominant biopolitics of European health care supports a healthcare monopoly in the hands of the state and the medical profession, which health care should be opened to the patient’s authority to deal directly for better basic (...) health care. In a world where it is impossible for all to receive equal access to the best of basic health care, one must critically examine the plausible scope of the authority of the state to limit access to better basic health care. Classical distributive justice affords a basis for re-examining the current European ideology of equality, human dignity, and solidarity that supports healthcare systems with unsustainable egalitarian concerns. (shrink)

This chapter contains sections titled: Postscript: Exchange with Peter Singer References.

Usually a relational approach, such as one appealing to care or love, is contrasted with an account of justice. In this chapter, however, I argue that distributive justice is well conceived as itself a matter of honouring people in virtue of their capacity to love and to be loved. After spelling out a familiar conception of love, I explain how treating people with respect in light of this capacity provides a plausible basis for human rights, one that rivals influential individualist (...) foundations such as Kantian respect for autonomy and Catholic honor of human life. I also articulate an egalitarian conception of how to allocate wealth that I argue is also a function of treating people's ability to love as special and that can compete against views salient in Anglo-American political philosophy such as cost-benefit analysis and John Rawls’ difference principle. (shrink)

Axel Honneth is best known for his critique of modern society centered on a concept of recognition. Jacques Rancière has advanced an influential theory of modern politics based on disagreement. Underpinning their thought is a concern for the logics of exclusion and domination that structure contemporary societies. In a rare dialogue, these two philosophers explore the affinities and tensions between their perspectives to provoke new ideas for social and political change. -/- Honneth sees modern society as a field in which (...) the logic of recognition provides individuals with increasing possibilities for freedom and is a constant catalyst for transformation. Rancière sees the social as a policing order and the political as a force that must radically assert equality. Honneth claims Rancière's conception of the political lies outside of actual historical societies and involves a problematic desire for egalitarianism. Rancière argues that Honneth's theory of recognition relies on an overly substantial conception of identity and subjectivity. While impassioned, their exchange seeks to advance critical theory's political project by reconciling the rift between German and French post-Marxist traditions and proposing new frameworks for justice. (shrink)

The purpose of this article is to explore the potential contribution of Axel Honneth's critical theory of recognition to empirical and normative debates on global justice. I first present, very briefly, an overview of recent theories of global distributive justice. I argue that theorists of distributive justice do not pay enough attention to sources of self-respect and conditions for identity formation, and that they are blind toward the danger of harming people's sense of self even by well-intentioned redistributive policies. Honneth's (...) theory suffers from complementary shortcomings; it is anti-technocratic but largely oblivious to the global nature of many contemporary justice claims. Given this situation, I seek to broaden the theory's scope by outlining transnational extensions of the recognition principles of love, rights and solidarity identified by Honneth. In conclusion, I show how utilizing a broadened conceptualization of the struggle for recognition allows us to better understand the changing logic of justice-oriented foreign policies. (shrink)

This paper examines the justice of unconditional basic income (UBI) through the lens of the Hegel-inspired recognition-theory of justice. As explained in the first part of the paper, this theory takes everyday social roles to be the primary subject-matter of the theory of justice, and it takes justice in these roles to be a matter of the kind of freedom that is available through their performance, namely ‘social’ freedom. The paper then identifies the key criteria of social (...) class='Hi'>freedom. The extent to which the introduction of an UBI would meet these criteria is then examined, with a focus on the social role that stands to be most affected by an UBI, namely that of the worker-earner. It is argued that while an UBI is likely to be only partially effective as an instrument of specifically social freedom, its main justification lies not here, but in securing a basis for the subjective freedom that social freedom presupposes. (shrink)