This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer solutions (...) for the complex relation between economics and politics in our present time; 2) to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3) to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state. O presente artigo tenciona contribuir a esclarecer uma questão, tão complicada quanto polêmica, no âmbito da teoria kantiana do Estado de direito. Pretendo submeter à discussão se a teoria racional de Kant sobre o Estado legal sustenta ou rejeita o fato de que certas situações sociais excepcionais, como a extrema pobreza de uma parte da população, requerem o apoio institucional do Estado para garantir a consecução de um limiar mínimo de independência civil. Proponho-me os três seguintes objetivos: 1) argumentar a capacidade da doutrina kantiana do direito para propor soluções para a difícil relação entre economia e política, no tempo presente; 2) mostrar que o ponto de vista pragmático que Kant adota quando analisa as preocupações sociais do Estado recusa a ideia segundo a qual Kant sustenta uma concepção abstrata da política e 3) sugerir a tese de uma teoria não paternalista do Estado de direito sem ter que renunciar necessariamente aos princípios básicos do welfare state. (shrink)

In Habermas’s discourse theory of law, the guarantee of citizens’ private and public autonomy is a prerequisite of legitimate law. This includes social entitlements. They provide the living conditions necessary for equal opportunities in the use of private and public freedoms. A proceduralist paradigm of the welfare state ensures private and public autonomy in shaping social rights. This makes welfare state regulations a legitimizing institution. This legal theoretical approach is outlined and defended against objections. The focus (...) falls on examining the critique of the justification and quality of social entitlements. Also considered are possible measures to strengthen the basis of legitimation in shaping social rights. (shrink)

The article defines the nature of the Russian war against Ukraine in the context of social and state transformations of the 20th — 21st centuries. It is emphasized that this is a war of different worlds, mentalities, worldviews, ways of life, values, etc., which has been going on for many centuries in various forms (direct and mediated, open and veiled, hot and cold). The role of the religious-legal factor in the Russian war against Ukraine at various stages of (...) Ukrainian state formation (periods of the Ukrainian People’s Republic, Soviet, modern) is revealed. It is emphasized that it was during the time of the Ukrainian People’s Republic that the legal basis for the organization of the Ukrainian Local Orthodox Church, confessional differentiation and the establishment of freedom of conscience and interconfessional tolerance in Ukrainian society was created. Emphasized attention is paid to the fact that in the Soviet period, the Russian war against Ukraine continued in a new, veiled, hidden, invisible (at first glance) form with the active use of the religious factor. The results of this period have been determined, namely: rampant militant/ scientific atheism, radical extermination, Russification of Ukrainian Orthodoxy, liquidation of the Ukrainian Autocephalous Orthodox Church and the Ukrainian Greek Catholic Church, etc. Special attention is paid to the Soviet secular/political religion (Marxism-Leninism) as a key basis for the implementation of an aggressive policy regarding the historical memory and cultural identity of the Ukrainian people and a manipulative tool for the destruction of Ukrainian history, culture, worldview, nation, state and law in the information, hybrid, total, full-scale and other Russia’s wars against Ukraine. The article substantiates that improved legislation with an effective legal mechanism for its implementation, a strong civil society with developed institutions, including the institution of religion (church), adequate guarantees of religious rights and freedoms are important factors in ensuring state, national, religious security and victory of Ukraine (at the current stage) in the war waged against it by the Russian Federation. (shrink)

The National Rural Employment Guarantee Act is a unique initiative in the history of social security-it is not just an employment scheme but also a potential tool of economic and social change in rural areas. This volume presents the first comprehensive account of the 'battle for employment guarantee' in rural India. Staying clear of the propaganda and mud-slinging that has characterized much of the NREGA debate so far, the book presents an informed and authentic picture of the ground (...) realities.The essays are based on field studies of NREGA by a team of researchers who have been actively involved in the campaign for the right to work. They examine a wide-range of issues such as entitlements, corruption, people's perceptions of NREGA, women's empowerment, mobilization of unorganized workers, and socio-economic impact of NREGA. They also provide a comparative analysis of the challenges and successes in the implementation of NREGA in different states including Orissa, Himachal Pradesh, and Rajasthan. (shrink)

Against a widely-held interpretation of Kant’s political philosophy, according to which Kant holds that all finite rational beings have an innate right to freedom as well as a duty to enter into a civil condition governed by a social contract in order to preserve that freedom, Robert Hanna contends that Kant is in fact an anarchist. Hanna’s argument for his novel thesis that Kant ultimately views the State as an unjustifiably coercive institution that should be eliminated depends heavily (...) on the claim there is an outright conflict between Kant’s political theory in The Doctrine of Right and Kant’s ethics. I argue that we should resist Hanna’s provocative claim that Kant’s ethics directly falsifies his official political theory. Further, I suggest that even morally autonomous Kantian angels need the State to guarantee the protection of their external freedom and to promote justice. (shrink)

This was one of SCSS President, Stephen M. Krason’s “Neither Left nor Right, but Catholic” columns that appear monthly at his blog site and in Crisismagazine.com and The Wanderer. This column discusses the problems of guaranteeing free higher education at state universities and colleges that was especially promoted by Senator Bernie Sanders in his campaign for the Democratic presidential nomination in 2016, and which is likely to continue as a political issue in the years ahead.

This article analyses individual level support for a Basic Income Guarantee (BIG) using the European Social Survey. At the country level, support is highest in South and Central Eastern Europe, but variation does not otherwise seem to follow established differences between varieties of capitalisms or welfare state regimes. At the individual level, findings are broadly in line with the expectations of the political economy literature. Left-leaning individuals facing high labour market risk and/or on low incomes are more supportive (...) of a BIG, whereas current union members are less likely to support a BIG, consistent with the insider-outsider literature. However, when controlling for confounding variables, union membership is not statistically significant, suggesting that it is not membership per se, but the characteristics of unionised workers that make them less supportive. In many countries, a coalition between centrist and left-leaning individuals therefore seems most promising, but its political feasibility depends on whether enough union members are favourable to a BIG and on the level of opposition from high income and/or conservative parts of the electorate. (shrink)

As citizens, we hold certain truths to be self-evident: that the rights to own land, marry, inherit property, and especially to assume birthright citizenship should be guaranteed by the state. The laws promoting these rights appear not only to preserve our liberty but to guarantee society remains just. Yet considering how much violence and inequality results from these legal mandates, Jacqueline Stevens asks whether we might be making the wrong assumptions. Would a world without such laws be more just? (...) Arguing that the core laws of the nation-state are more about a fear of death than a desire for freedom, Jacqueline Stevens imagines a world in which birthright citizenship, family inheritance, state-sanctioned marriage, and private land ownership are eliminated. Would chaos be the result? Drawing on political theory and history and incorporating contemporary social and economic data, she brilliantly critiques our sentimental attachments to birthright citizenship, inheritance, and marriage and highlights their harmful outcomes, including war, global apartheid, destitution, family misery, and environmental damage. It might be hard to imagine countries without the rules of membership and ownership that have come to define them, but as Stevens shows, conjuring new ways of reconciling our laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them. (shrink)

As citizens, we hold certain truths to be self-evident: that the rights to own land, marry, inherit property, and especially to assume birthright citizenship should be guaranteed by the state. The laws promoting these rights appear not only to preserve our liberty but to guarantee society remains just. Yet considering how much violence and inequality results from these legal mandates, Jacqueline Stevens asks whether we might be making the wrong assumptions. Would a world without such laws be more just? (...) Arguing that the core laws of the nation-state are more about a fear of death than a desire for freedom, Jacqueline Stevens imagines a world in which birthright citizenship, family inheritance, state-sanctioned marriage, and private land ownership are eliminated. Would chaos be the result? Drawing on political theory and history and incorporating contemporary social and economic data, she brilliantly critiques our sentimental attachments to birthright citizenship, inheritance, and marriage and highlights their harmful outcomes, including war, global apartheid, destitution, family misery, and environmental damage. It might be hard to imagine countries without the rules of membership and ownership that have come to define them, but as Stevens shows, conjuring new ways of reconciling our laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social (...) guarantees—pensions and remuneration, which were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)

Social media is a pervasive part of everyday life. That is, new media occupies more and more spaces in individuals’ lives both in intimate and work sphere. In addition, due to convergence, new media brought together interpersonal and mass communications in the same environment. This fact has caused a wide range of changes in cultural industries. One of the main changes brought about by social media in relation to the mass media is the construction of a flow of (...) content, advertising and propaganda customized for each individual, and constructed from surveillance and control of individuals’ interactions in digital networks. For so doing, one element is central: Algorithms. It is not only by means of contents produced by cultural workers or amateurs that social media guarantees the life world colonization by the system, but mainly through the tracking of user interactions. That is possible thanks to the data gathering performed by algorithms. Therefore, social networks colonize the life world in a more constant and pervasive way than mass media, facilitating surveillance and social control that are vital for both, the digital conglomerates economic power and the state capacity to watch individuals, either to strengthen the sales effort or to ensure citizen vigilance. (shrink)

Mainstream economics was founded on many strong assumptions. Institutions and politics were treated as irrelevant, government as exogenous, social norms as epiphenomena. As an initial gambit this was fine. But as the horizons of economic inquiry have broadened, these assumptions have become hindrances rather than aids. If we want to understand why some economies succeed and some fail, why some governments are effective and others not, why some communities prosper while others stagnate, it is essential to view economics as (...) embedded in politics and society. Prelude to Political Economy is a study of this embeddedness; it argues for an 'inclusive' approach to institutions and the state.Modern economics recognizes that individuals' pursuit of their own selfish ends can result in socially suboptimal outcomes -- the Prisoner's Dilemma being the stark example. It has been suggested that what we need in such an eventuality is 'third-party' intervention, which can take the form of imposing punishment on players. Kaushik Basu objects to this method of wishing third parties out of thin air. He argues that if a third party that could impose its will on others were available, then it should have been modeled as a player to start with.The adoption of such an inclusive approach has implications for our conception of the state and the law. It means that the law cannot be construed as a factor that changes the game that citizens play. It is instead simply a set of beliefs of citizens; and, as such, it is similar to social norms. What the law does for an economy, so can social norms. The book discusses how the nature of policy advice and our conception of state power are affected by this altered view of the state and the law.As corollaries, the book addresses a variety of important social and philosophical questions, such as whether the state should guarantee freedom of speech, whether determinism is compatible with free will, and whether the free market can lead to coercion. (shrink)

While fundamental individual rights are unquestionably taken as subjective rights, the same does not happen with fundamental social rights (health, education, work and housing – all of them guided by the idea of human dignity). If they are subjective rights, they are justiciable. The main argument in favor of this understanding is based on liberty. The main argument against is the so called formal argument. In relation to the pro argument, liberty can be juridical or factual. Juridical liberty has (...) no value without factual liberty, because the right to liberty is only put into practice if one has the factual preconditions for its exercise. The argument against is that their justiciability displaces the competence of the elaboration of public politics from Legislative and Executive to Judiciary Power, what violates the principles of separation of powers and democracy. In fact, they are subjective rights, but special ones: they are prima facie subjective rights, so that their rules present exceeding content and the determination of the definitive right is only possible in the concrete case. There is only one subjective right that is a priori considered definitive: the right to Existenzminimum. Its content is not settled, but it is quite unequivocal that the rights to simple housing, fundamental education and minimum level of medical assistance are part of it. So Existenzminimum represents what is essential to assure human dignity. It is then related to the minimum necessary for factual liberty. Against the justiciability of fundamental social rights, besides the arguments referred above, the following ones have also arisen: (a) Juridification of politics; (b) Legal permission of administrative discretion; (c) Possible reserve clause. These are the counter-arguments: (a) Legislative and Executive Powers have the original competence, but Judiciary has the exceptional one; (b) It is not enough to state economical incapability of the State. It is necessary to prove it objectively; (c) Powers have discretion, but State’s will is not allowed; (d) Public administration is under the principles of legality and of non-obviation of Judiciary jurisdiction; (e) The Existenzminimun guarantee is untouchable, prevailing over any opposite allegation. (shrink)

This paper analyses the change in the notion of fundamental and human rights in Germany and throughout the European Union during the process of European integration. This change, that can be summarized in the formula “from human rights to state tasks,” signifies the integration and partial amendment of the French Revolution's ideals (liberté, égalité, fraternité) with the new ideals of security, diversity and solidarity. These new ideals make it necessary for the state to play a positive role in (...) devising, for example, a policy of minority recognition and a long list of social rights. These rights are often translated into merely generic “norms on state objectives” and not directly binding law in force. This means that such rights increasingly become a political and legislative issue making it more difficult for the Courts to offer guarantees. (shrink)

We generalize the concept of a cooperative non-transferable utility game by introducing a socially structured game. In a socially structured game every coalition of players can organize themselves according to one or more internal organizations to generate payoffs. Each admissible internal organization on a coalition yields a set of payoffs attainable by the members of this coalition. The strengths of the players within an internal organization depend on the structure of the internal organization and are represented by an exogenously given (...) power vector. More powerful players have the power to take away payoffs of the less powerful players as long as those latter players are not able to guarantee their payoffs by forming a different internal organization within some coalition in which they have more power.We introduce the socially stable core as a solution concept that contains those payoffs that are both stable in an economic sense, i.e., belong to the core of the underlying cooperative game, and stable in a social sense, i.e., payoffs are sustained by a collection of internal organizations of coalitions for which power is distributed over all players in a balanced way. The socially stable core is a subset and therefore a refinement of the core. We show by means of examples that in many cases the socially stable core is a very small subset of the core.We will state conditions for which the socially stable core is non-empty. In order to derive this result, we formulate a new intersection theorem that generalizes the KKMS intersection theorem. We also discuss the relationship between social stability and the wellknown concept of balancedness for NTU-games, a sufficient condition for non-emptiness of the core. In particular we give an example of a socially structured game that satisfies social stability and therefore has a non-empty core, but whose induced NTU-game does not satisfy balancedness in the general sense of Billera. (shrink)

We generalize the concept of a cooperative non-transferable utility game by introducing a socially structured game. In a socially structured game every coalition of players can organize themselves according to one or more internal organizations to generate payoffs. Each admissible internal organization on a coalition yields a set of payoffs attainable by the members of this coalition. The strengths of the players within an internal organization depend on the structure of the internal organization and are represented by an exogenously given (...) power vector. More powerful players have the power to take away payoffs of the less powerful players as long as those latter players are not able to guarantee their payoffs by forming a different internal organization within some coalition in which they have more power.We introduce the socially stable core as a solution concept that contains those payoffs that are both stable in an economic sense, i.e., belong to the core of the underlying cooperative game, and stable in a social sense, i.e., payoffs are sustained by a collection of internal organizations of coalitions for which power is distributed over all players in a balanced way. The socially stable core is a subset and therefore a refinement of the core. We show by means of examples that in many cases the socially stable core is a very small subset of the core.We will state conditions for which the socially stable core is non-empty. In order to derive this result, we formulate a new intersection theorem that generalizes the KKMS intersection theorem. We also discuss the relationship between social stability and the wellknown concept of balancedness for NTU-games, a sufficient condition for non-emptiness of the core. In particular we give an example of a socially structured game that satisfies social stability and therefore has a non-empty core, but whose induced NTU-game does not satisfy balancedness in the general sense of Billera. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among (...) the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

The publication of the Report of the International Bioethics Committee of Unesco on Social responsibility and health provides an opportunity to reshape the conceptual framework of the right to health care and its practical implications. The traditional distinctions between negative and positive, civil-political and economic-social, legal and moral rights are to be questioned and probably overcome if the goal is to pursue ‘the highest attainable standard of health’ as a fundamental human right, that should as such be guaranteed (...) to every human being. What we are called upon to, is the commitment not to exclude now and forever anyone from having access to the ‘excellence’ of scientific and medical progress. Therefore, the addressees of this ‘responsibility’ cannot be just the governments and the states within the limits of their ‘jurisdiction’. The challenge is to tackle at the same time the social and global determinants of health. (shrink)

We live in a world of states: a world in which the dominant form of “persisting structure” for the wielding of political power is characterized by territorially concentrated power exercised through political institutions that exert sovereign control in the sense of being able to exclusively command compliance. Within such a world, calls for reorganization of the way these institutions are organized so as to devolve power to groups oppressed or marginalized within existing structures are inevitable. However, for proponents of liberal (...) states, such calls for devolving power pose a problem. When substate groups call for a reorganization in which power is devolved rather than reformed, they imply that within some portions of the state’s territory, or for certain of the state’s inhabitants, state-level political institutions cannot rightfully command compliance, or at least, cannot do so exclusively. Proponents of liberal states might respond to this problem by letting go of the need for exclusive command. However, for many proponents of liberal states, the prospect of a competing source of rightful command that may assert priority over decision making that applies to the entire territory is impractical, and conceptually difficult to sustain. An alternative response, one that preserves the pre-eminent position of institutions that encompass the state’s entire territory and population, is to insist that such institutions have a vital role in ensuring that the decision making of sub-state groups meets minimal conditions of moral equality and respect for human rights. Emphasizing the role of institutions that encompass the entire territory in guaranteeing minimal conditions of moral equality and respect for human rights seems promising, but it cannot provide a satisfactory account of the desirability of empowering state officials to exercise powers of oversight, and so it cannot justify reserving such powers in the face of calls for power to be devolved. This is most obvious in relation to oppressed an marginalized groups, as state officials recognize cannot reasonably expect members of such groups to accept officials as credible guarantors of moral equality or human rights. This problem aside, there is a basic problem with the way decision making is conceived of in arguments for the importance of reserving powers of oversight as groups calling for devolution of power are not susceptible to the kind of characterization that state officials would have to engage in to effectively gauge whether to intervene to secure moral equality and human rights. (shrink)

In this study of Fichte's social and political philosophy, David James offers an interpretation of Fichte's most famous writings in this area, including his Foundations of Natural Right and Addresses to the German Nation, centred on two main themes: property and virtue. These themes provide the basis for a discussion of such issues as what it means to guarantee the freedom of all the citizens of a state, the problem of unequal relations of economic dependence between states, and (...) the differences and connections between the legal and political sphere of right and morality. James also relates Fichte's central social and political ideas to those of other important figures in the history of philosophy, including Locke, Kant and Hegel, as well as to the radical phase of the French Revolution. His account will be of importance to all who are interested in Fichte's philosophy and its intellectual and political context. (shrink)

This paper examines the social theory of Lester Frank Ward, one of the most significant representatives of early American social theory, with particular attention to his conception of the state, which can be described as Hegelian. The first part of the paper gives a brief overview of early American social theory: its basic features, the issues that were the focus of attention during this period in the development of sociology in the US, and its most significant (...) representatives. The basic features of Ward’s social theory are then presented and examined in more detail. It is pointed out that it is: conceptual and essentially based on the natural sciences; based on the distinction between pure and applied sociology; systematic; supportive of progressive and pro-social reforms. It was directed against the individualist tradition. His theory was based on the belief that the human mind can direct social progress and that the order based on social inequalities, which is a product of the laissez-faire doctrine, cannot guarantee freedom and prosperity. The fundamental institution capable of doing so is the state. Therefore, the central part of this paper is devoted to his conception of the state and makes a comparison with Hegel’s theory of the ethical state contained in Hegel’s philosophy of objective spirit – philosophy of law and philosophy of history. It concludes by pointing out that Ward’s theory indicated the general direction of development of social circumstances towards the era of collectivism, and was also atypical of American social theory in some of its features. (shrink)

This article utilizes the lens of disposability to explore recent conditions of low-wage temporary migrant labour, whose numbers and economic sectors have expanded in the 21stcentury. A central argument is that disposability is a discursive and material relation of power that creates and reproduces invidious distinctions between the value of “legitimate” Canadian settler-citizens and the lack of worth of undesirable migrant populations working in Canada, often for protracted periods of time. The analytical lens of migrant disposability draws upon theorizing within (...) Marxian, critical modernity studies, and decolonizing settler colonial frameworks. This article explores the technologies of disposability that lay waste to low wage workers in sites such as immigration law and provincial/territorial employment legislation, the workplace, transport, living conditions, access to health care and the practice of medical repatriation of injured and ill migrant workers. The mounting evidence that disposability is immanent within low-wage migrant labour schemes in Canada has implications for migrant social justice. The failure to protect migrant workers from a vast array of harms reflects the historical foundations of Canada’s contemporary migrant worker schemes in an “inherited background field [of settler colonialism] within which market, racist, patriarchal and state relations converge”. Incremental liberal reform has made little headway insofar as the administration and in some cases reversal of more progressive reforms such as guaranteed pathways to citizenship prioritize employers’ labour interests and the lives and health of primarily white, middle class Canadian citizens at the expense of a shunned and racialized but growing population of migrants from the global South. Transformational change and social justice for migrant workers can only occur by reversing the disposability and hyper-commodification intrinsic to low-wage migrant programs and granting full permanent legal status to migrant workers. (shrink)

Kant's explicit account of the state's responsibility for welfare, in the Rechtslehre, is cryptic and incomplete. Kant does suggest, however, that: provision for those unable to provide for themselves is implicit in the idea of a social contract; and the sovereign, as ‘proprietor of the land’, possesses authority to intervene in civil society to guarantee the necessary conditions for the exercise of their purposive faculties. These elements of Kant's argument seem most plausibly justified by the teleological judgement that (...) the sovereign must strive to realize a ‘rightful condition’ in which members of society are ensured equal opportunity to realize their purposive faculties. In order to secure such a condition, the Kantian sovereign must intervene to guarantee conditions assuring that agents are equal in their ability to pursue their individual ends. Such a Kantian egalitarian policy, Chapter 6 argues, should focus on the equalization of capabilities rather than of: welfare, or resources. (shrink)

All over Europe, the provision of healthcare services is widely considered a primary duty of the government. Universal access to medical care can be considered a basic ingredient of the so-called “European social model.” But if universal access to medical care is seldom questioned, European governments—faced with expanding costs caused by an increasing demand driven by an aging population and technology-driven improvements—are contemplating the possibility of “rationing”1 treatments, or the possibility of allowing a greater role for private suppliers. If (...) a “multi-tier” healthcare system has long been anathema to the European leadership, guaranteeing a uniform access to state-of-the-art care seems to be well beyond the means of states suffering from persisting debt crisis. Was the failure of state-controlled “adequate” healthcare totally unpredictable? Far-sighted criticisms had been offered by two eminent thinkers in the classical liberal tradition, Herbert Spencer and Friedrich A. von Hayek . Neither author is usually recognized as a forerunner of contemporary critics of the welfare state, and both investigated the issue of the state financing and providing health services well before or right after the establishment of national health services. With the benefit of hindsight, reading Spencer and Hayek helps us to understand how the crisis of state-supplied healthcare is not rooted in the mere progress of clinical technology, but is rather the logical consequence of the theoretical basis of the model itself. Whereas modern theorists of the welfare state tend to offer theories that are impervious to a critical appraisal of their unintended consequences—insofar as they are framed in a language of “rights”—both Hayek and Spencer understood that human systems are complex, and that unwanted effects of public policy should be taken into account. Although Spencer emphasized the moral hazards accruing from the paternalism involved in governmental provision of health services, Hayek explained how modern healthcare systems differ from real, private insurance designed to offer proper coverage against risks. These authors appreciated that the politicization of healthcare was bound to result in both standardization of care and disregard for the responsibility that comes with personal freedom. These two “diagnoses before the illness” can help us in defining the challenges and the potential solutions that healthcare systems face today. Understanding the fatal conceits inherent in the very architecture of national health services can be the first step toward healing our healthcare systems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Future Directions for Oversight of Stem Cell Research in the United States: An UpdateMary A. Majumder (bio) and Cynthia B. Cohen (bio)On 9 March 2009, President Barack Obama (2009a) signed an executive order revoking the statement issued by President George W. Bush during a televised speech in August 2001, in which the latter had sharply restricted the scope of federally funded human embryonic stem cell (hESC) research to cell (...) lines derived (without federal funding) prior to 9:00 P.M. EDT on 9 August 2001. Action by President Obama to remove the cut-off date had been expected. It came as a surprise, however, that he gave authority to determine the scope of eligible research to the Director of the National Institutes of Health (NIH), referencing only general concerns of responsibility, scientific worth, and legality.1 This contrasted not only with the approach of former President Bush, but also with that of former President Clinton, who had expressed personal opposition to the creation of embryos for research and had a distinction between hESCs derived from embryos created for research and those derived from spare embryos enshrined in NIH policy.President Obama’s remarks upon signing the executive order give some insight into the thinking behind his approach. Implicit in them are the views that earlystage human embryos outside the womb do not have full moral status and that the destruction of human embryos in the effort to care for and ease the suffering of human beings who do have full moral status does not devalue human life. The President also stressed that the decision to pursue hESC research reflected not only his opinion, but also a broad social consensus. He concluded with strong ethical commitments on two fronts:We will develop strict guidelines, which we will rigorously enforce, because we cannot ever tolerate misuse or abuse. And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong, and has no place in our society, or any society.(Obama 2009b)The specific guarantee that President Obama gave against government support for the development of cloning techniques for human reproductive purposes made his silence on the use of cloning for research seem significant. Comments he had made in the course of the campaign (Obama 2008) suggested that he would affirm [End Page 195] the Clinton-era policy of limiting federal funding to hESCs derived from spare embryos. Did this silence mean that President Obama was opening the door to federal funding of research cloning when and if scientists might manage that feat?2009 NIH GuidelinesThe answer to this question and several others came on 17 April, when Raynard Kington, the acting director of NIH, released Draft NIH Guidelines for Human Stem Cell Research (NIH 2009), developed by an NIH Stem Cell Task Force, along with a request for public comment within 30 days of their publication in the Federal Register.2 The 2009 Draft Guidelines exclude from federal funding the derivation of hESCs, a restriction mandated by the reenactment of the Dickey-Wicker Amendment as part of the 2009 Omnibus Appropriations Act (Public Law 111-8, Division F, Title V, § 509). The 2009 Draft Guidelines also exclude the use of hESCs derived from embryos created for research purposes, and so represent a refusal to open the funding door as broadly as the NIH interpretation of the Dickey-Wicker Amendment might allow, at least for the time being.It appears that the drafters used as their starting point the 2000 NIH Guidelines for Research Using Human Pluripotent Stem Cells (NIH 2000) dating from the Clinton Administration, rather than more recent guidelines from the National Academy of Sciences (National Research Council 2005; 2007; 2008) and other private bodies. Both the format and content of the 2000 and 2009 NIH efforts are similar, making the departures in the latter stand out in high relief. We highlight departures related to informed consent to embryo donation, creation of human-nonhuman chimeras, and the role of an NIH task force, updating our original comment (Cohen and Majumder 2009).Informed Consent to Embryo DonationThe 2009 NIH Draft Guidelines require that certain statements... (shrink)

Otfried Höffe is one of the foremost political philosophers in Europe today. In this major work, already a classic in continental Europe, he re-examines philosophical discourse on justice - from Classical Greece to the present day. Höffe confronts what he sees as the two major challenges to any theory of justice: the legal, positivist claim that there are no standards of justice external to legal systems; and the anarchist claim that justice demands the rejection and abolition of all legal and (...) state systems. Höffe sets out to continue the 'philosophical project of modernity', the legitimation of human rights, and their guarantee by the state, while at the same time rehabilitating the classical theory of political justice represented by Plato and Aristotle. He questions the success of the positivists in avoiding extra-legal normative claims, and casts doubt on the plausibility of their criticism of the Natural Law tradition. Most anarchists, he argues, rely on an uncritical assumption that social institutions other than states and legal orders do not coerce. In Höffe's view, some coercion is unavoidable, and the grounds for its justification must be examined. Principles of justice will be those principles which define fundamental rights, and which must be enforced if rights are to be respected. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human (...) rights is chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 84-115 [Access article in PDF] Be-longing and Bi-lingual States Doris Sommer "How sad that people don't keep commitments any more. Even marriages last only about five years.""Yes, but long-distance marriages can stretch those five years out over weekends and vacations to make relationships last a lifetime."Benedict Anderson's provocative new book, The Spectre of Comparisons: Nationalism, Southeast Asia and the World, raises questions about political relationships over (...) time and over space. Like precarious modern marriages and their corollary "political" kinships (in-laws in Spanish are one's familia política), national sentiment today strains with the movements of transnational communities from home to distant enclaves. Over time, ties can unravel as modern subjects choose, or not, to identify with adopted political relatives. Is one's country the bastion of a people reluctant to receive more immigrants? Is it the sender of surplus people who will, in turn, send money home? (Heads of state in El Salvador, Guatemala, and Mexico typically object to US restrictions on immigration.) Or is it the harbor for many peoples? Does belonging even to a recently invented country anchor an existential need, a be-longing, because being a "man"--as Hannah Arendt still called the subject of politics--means striving for recognition among equals? Or, do many citizens today feel like resident aliens (to themselves or to others), belonging rather to ethnic minorities and perhaps--long-distance--to other nations of origin or of choice? Anderson is right to worry about precarious belongings and optional obligations.In the end though, he finds solace from the threats of egotism and despair, and from the social decomposition of too much movement (what Arjun Appadurai calls "modernity at large") in the resilient promise of the "goodness of nations." Confidence in the extrapersonal goals and pride in national belonging appears, almost miraculously, in the last of seventeen chapters. Each of these brilliant and erudite essays will reconfirm our admiration for Anderson. My own personal debt includes his extraordinary generosity and the good counsel that encourages me to follow him, sometimes with a swerve, as will be evident when my appreciation for be-longing plays bi-lingual games.The opening pages of The Spectre of Comparisons theorize a paradox in the postcolonial condition: the inescapable folly of comparing one's nation to another, or to a mother country. Concepts like nation or culture, after all, take on meaning in their particular contexts and by contrast with others. The core chapters chronicle aborted beginnings and abusive conflations of the nation and the state. But hope has the last word, thanks to three guarantees of national imaginings: the promising and innocent unborn generations; the nation's dead (war heroes); and the living who are ever willing to give the nation another chance, and yet another. Feelings of pride and shame come together in the end, because citizens invest, often against the evidence, in "the goodness [End Page 84] of nations" [364]. This resilience shows up right after the trouble in chapter 16, where shame was the connection between nation and narrator in Mario Vargas Llosa's 1987 novel about Peru. Unfounded but unrelenting, Anderson's hope follows on shame rather abruptly and suggests that shame itself is a sign of our care for our countries. 1 The narrator of El hablador had tried to escape from his ill-fated country, his "malhadado país," only to be haunted by it.My question is whether Anderson's coda to this Peruvian novel is inspired by the same indomitable demon of comparisons that he has been exposing throughout the essays. José Rizal had named the meddling devil to blame it for distracting the Filipino from the lovely garden he saw in Manila, assailing him with memories of a European original or model [2]. This double vision raises a specter of possible inauthenticity; it undermines meaning as models slip from centers to peripheries. Local concepts lose their particularities in global vocabularies. Anderson calls the movement a "logic of seriality." I prefer to call it trans-latio, literally a carrying from one place to another... (shrink)

The relation between Church and state is nowadays at stake. This article concerns the relation between Church and state from an ecclesiastical and canonical point of view. It makes clear, how the ecclesiastical doctrine reacts to social developments in relation to the national state in order to safeguard the independence of the Church. The 19th century ecclesiastical doctrine on the Church as a societas perfecta reacts on doctrines on the national states, which claimed absolute sovereignty and (...) by that subordinated the Church to the civil government and civil law. With societas perfecta doctrine the Church defends its sovereignty in the domain of the spiritual good of men. In this way the Church defines and protects its divine origin and independence from the national state. In the first half of the 20th century the democratic and constitutional national states were developed, which acknowledges religious freedom on a constitutional level as a human and a civil right. Because of this progress the Second Vatican Council could formulate its doctrine on religious freedom based on the traditional ecclesiastical teaching of the freedom of the religious act. By then, the independence of the Church is founded and defended on the freedom of the Church, which is guaranteed in national states, which acknowledge religious freedom as a human and civil right. Although one can say that there is discontinuity in the ecclesiastical teaching on the Church as a societas perfecta and the ecclesiastical doctrine on religious freedom, there exists also continuity, because both ecclesiastical doctrines intend to safeguard the independence of the Church in human society. (shrink)

Lo Stato commerciale chiuso di J. G. Fichte fornisce un punto di vista sul rapporto tra economia e politica, agire interessato e agire etico, che consente di porre alcune distinzioni critiche all’interno della discussione attuale sulla ‘globalizzazione’. A partire dall’analisi della struttura stessa del sapere, emerge una nozione di libertà che vieta di intendere il problema nei termini di opposizione tra garanzia e controllo, libertà e limitazione. È proprio una tale idea che struttura gli ordinamenti politico-economici e giuridici e indica (...) le possibilità di ottenere l’equità economico-sociale e la pace internazionaleJ. G. Fichte's Closed Commercial State treats of the relation between economy and politics, and between self-interest and ethics, and thus may offer an important contribution to the current debate on globalisation. From Fichte's analysis of the structure of knowledge emerges a concept of freedom that disallows simple oppositions between guarantees and controls, or freedom and restriction. This analysis orders Fichte's account of political, legal and economic activity and evinces the possibility of social and economic justice, as well as international peace. (shrink)

This article contributes to an emerging literature on the “neo” or “entrepreneurial” developmental state that emphasizes the role of innovation policy in promoting the structural transformation of industry. It finds further evidence that supports this approach and advances it by making two unique contributions. First, it highlights an essential yet underappreciated feature of contemporary innovation policy: the state’s capacity to condition public assistance and discipline private firms that do not adhere to government guidelines. These capacities are necessary to (...) guarantee that the benefits of public investment in innovation—the social and economic spillovers—are not appropriated by private actors but shared more broadly within society. Second, it highlights that politics—reflected in the relations between innovation agencies and key social actors—represents an important causal factor in both the formation and subsequent transformation of these institutional capacities. These points are illustrated through a historical analysis of a crucial case: the state-led development of Israel’s thriving high-tech sector. (shrink)

This article demonstrates how the Conservative system of social protection in Germany has been converging toward the Liberal American model during the past two decades, focusing on social protection for the unemployed and pensioners. In addition to public/statutory provisions, occupational welfare is also covered. Despite an overall process of convergence, we continue to witness stark dissimilarities in the arrangements for social protection outsiders: whereas Germany continues to constitutionally guarantee a legal entitlement to minimum social protection for (...) all citizens, such a guarantee does not exist in the United States. The lack of such legal entitlement for poor people of working age, combined with the criminalization of the "dangerous class," is a key differentiating characteristic of the US model at the beginning of the twenty-first century. The findings confirm but also qualify Franz-Xaver Kaufmann's analysis of the United States as "capitalism," which lacks collective welfare responsibility for all citizens, as compared to Germany's "welfare state.". (shrink)

For all contract theorists, including Kant, political legitimacy is based upon the consent of the governed. The differences amongst them begin to emerge when we inquire into the motivations and considerations which lead up to the agreement. For Kant, consent to the social contract is not based upon considerations of rational self-interest or prudence, nor upon a natural right to self-preservation and the guarantee of absolute property rights, but upon a moral obligation to institutionalize and make peremptory in a (...) social contract property rights that in the state of nature have only a provisional character. Whether this approach ultimately makes the idea of a voluntary agreement superfluous is a question I will address below. First I would like to consider the unique status Kant assigns to property rights in his theory of the social contract. This status has for the most part not been observed in the secondary literature, and Kant has even been accused of falling behind the achievements of Locke and Rousseau by grounding property rights on an element of brute force. However, since Kant himself espoused a labor theory of property rights in his earlier writings, it is important to consider carefully the basis for its subsequent rejection in the Rechtslehre. Further, since Kant’s theory of property rights constitutes an alternative to Locke, it may be possible to find within the contract tradition an alternative to the view of property rights found in some of its contemporary versions. (shrink)

This article argues that hunger in Canada, while being an outcome of unemployment, low incomes, and inadequate welfare, springs also from the failure to recognize and implement the human right to food. Food security has, however, largely been ignored by progressive social policy analysis. Barriers standing in the way of achieving food security include the increasing commodification of welfare and the corporatization of food, the depoliticization of hunger by governments and the voluntary sector, and, most particularly, the neglect by (...) the federal and provincial governments of their obligations to guarantee the domestic right to food as expressed in international human rights law. The interconnectedness of hunger, welfare, and food security issues in a first world society are explored from the perspective of progressive social policy and food security analysis and the development of alternative strategies. In terms of advancing the human right to food in Canada, particular emphasis is placed on the role of the state and civil society, and the social and economic rights of citizenship built on an inclusive social policy analysis and politics of welfare, food security and human rights. (shrink)

The topic of abortion was in the limelight again in Dobbs v Jackson, where the US Supreme Court overturned the decision of Roe v Wade, ‘which guaranteed women and pregnant people a constitutional right to abortion’. While not bound by the judgment, this gives us an opportunity to reflect on the current law in South Africa which regulates the termination of pregnancy. The primary piece of legislation which governs abortion is the Choice on Termination of Pregnancy Act. Section 2 of (...) the Act lists the grounds under which one may lawfully terminate a pregnancy. One of those grounds relates to the period of the 13th up until the 20th week of the gestation period, and states that if a medical practitioner, after consultation with the pregnant woman, is of the opinion that the continued pregnancy would significantly affect the social or economic circumstances of the woman, then the pregnancy may be lawfully terminated. The question is: What exactly is meant by ‘social grounds’? This article considers this aspect from a legal perspective and attempts to provide clarity on the issue, in the hope that this will be of assistance to medical practitioners who are concerned about the outcome of their actions, when assisting persons in this position. (shrink)

Who protects individual liberties and human dignity from domination by the State, by Civil Society or by individuals is a question under debate in China as well as the West, not from the point of view of Liberalism, but from the point of view of ‘Relationality’. Liberalism posits the individual as the measure of these matters but the ‘individual’ in question is an abstraction. Relationality posits social relations as the measure of these matters. Persons are not abstractions. They (...) combine several different social ‘roles’, and each role includes obligations as well as rights. These roles limit the individual’s freedom of action. There are no unipersonal societies. Liberalism also posits rights as an abstraction: ‘All men are created equal’. Relationality posits rights in a context of mutual recognition of rights and responsibilities. Rights only exist if they can in fact be exercised. From the point of view of Relationality, therefore, a person’s ability to exercise her or his rights must be seen in the light of a concept of Justice and there must be an agency that can guarantee this Justice, the exercise of these rights, while it guarantees the fulfilment of social obligations. Is this the role of the State? of Civil Society? of the Market? To truly discuss these matters in a transcultural context, we would need to look for common ground, not take as ‘self-evident’ the classical Liberal perception of the individual. Understanding the underlying political philosophy of China’s concept of ‘responsive authoritarianism’ does not mean endorsing it. But understanding this idea and its ramifications does provide room for amplifying the basic question of who protects individual liberties and human dignity. (shrink)

Purpose. This paper aims to show how the views of Kant persist in the modern debate on social justice and to outline the practical and political potential contained in his understanding of a just state system and international justice. To that end, I will present what Kant meant by a just state system and just relationships between states. Then, I will reference his understanding of social justice against three fundamental models of social justice thus far (...) established in the philosophical tradition: the legal, distributive, and contractual justice. Finally, I will explain how the Kantian understanding of social justice is reflected in select modern interpretations of a just state system and justice in international relationships, and how we can grasp the current practice and the expected development of sociopolitical life in the framework of social justice as understood by Kant. Originality. The article presents the theoretical-conceptual and practical-political relevance of the concept of social justice, developed by I. Kant. It was shown that Kant considered justice to be the basis of all correct social relations, both at the level of individual states and in the sphere of international relations. According to Kant, the only just state system is a republic. In his opinion, justice in the field of international relations requires that they be based on the principles of federal unification of individual states. The concept of social justice developed by Kant can be identified as a form of classically understood contractual justice. In addition, Kan’s notion of justice was correlated with the works of modern authors: John Rawls, Robert Nozick and Otfried Höffe, showing identical and different elements in them. Conclusions. The reflections above suffice to assert that the Kantian understanding of social justice primarily involves the following observations: 1. under a relevant contract, interested parties institute a public authority, i.e. a republican state or a federal institution endowed with judicial or executive powers ; 2. the institution of public authority remains fair in dealings with the governed; 3. the public authority has the right to intervene only in the circumstances of threat to the external freedom, equality and independence of the governed individuals; 4. the public authority is responsible only for guaranteeing just relations between individuals and the enforcement of their contracts. Furthermore, Kantian understanding of justice falls within the scope of the classical notion of contractual justice and remains present in the modern debates on justice, as exemplified by the thought of Rawls, Nozick and Höffe. Finally, the Kantian understanding of social justice remains topical and worthy of consideration during the design and the development of current and future solutions for a just public order, both at the national and international level. (shrink)

Biomedical research involving human subjects is an arena of conflicts of interests. One of the most important conflicts is between interests of participants and interests of future patients. Legal regulations and ethical guidelines are instruments designed to help find a fair balance between risks and burdens taken by research subjects and development of knowledge and new treatment. There is an universally accepted ethical principle, which states that it is not ethically allowed to sacrifice individual interests for the sake of society (...) and science. This is the principle of precedence of individual. But there is a problem with how to interpret the principle of precedence of individual in the context of research without prospect of future benefit involving children. There are proposals trying to reconcile non-beneficial research involving children with the concept of the best interests. We assert that this reconciliation is flawed and propose an interpretation of the principle of precedence of individual as follows: not all, but only the most important interests of participants, must be guaranteed; this principle should be interpreted as the secure participant standard. In consequence, the issue of permissible risk ceiling becomes ethically crucial in research with incompetent subjects. (shrink)

The concept of food sovereignty is primarily taken as an alternative to the prevailing neoliberal food security model. However, the approach has hitherto not received adequate attention from policy makers. This could be because the discourse is marked by controversies and contradictions, particularly regarding its ability to address the challenges of feeding a rapidly growing global population. In response to these criticisms, this paper argues that the principles of food sovereignty, such as democratic and transparent food systems, agroecology, and local (...) market prioritization, should be fundamental pillars for achieving sustainable food security. It acknowledges that neither food sovereignty nor food security models alone can guarantee long-term food security, thus advocating for a blended approach that integrates these perspectives into a complex and interconnected system. This paper makes three significant contributions to the existing literature. Firstly, it emphasizes that food sovereignty should be seen as an integral component of transforming food systems towards sustainability, rather than a complete departure from neoliberal food systems. Secondly, it highlights the importance of adopting a multi-scalar approach, where decisions and policies for transforming food systems are context-specific and tailored to local circumstances. Lastly, the paper recognizes the necessity of institutional transformations that involve nation-states, social movements, and civil society organizations as key actors in the process of food system transformation. By reframing the discussion on food sovereignty and its relationship with food security, this paper provides insights into how these concepts can be mutually reinforcing, leading to more sustainable and equitable food systems. (shrink)

With the use symbols by political subjects arises the problem of their understanding. Groups of symbols can be created in such a way to contain a message. The state coat of arms is a political symbol, in which is concentrated a number of meanings and significance. The coat of arms — it is a symbol garnished with colossal endless meaning and potential withing its power. Besides this, the state coat of arms appears in numbers like mandalas: it is (...) like this archaic symbol, that combines various geometric shapes expressing the idea of order. The state coat of arms perceptively unites people of different genders, ages, social status andfaith into a united orderly community. A person contemplating the state coat of arms understands it as the center of the universe. The coat of arms is transformed into endlessness, attaining the result of uniting the macrocosm — society and state — and with the macrocosm — man. The function of political symbols exists so as to represent the “body” of a concrete political subject or society as a whole, at the same time in every part of a text “is highlighted” yet another part of the endless semantical richness of the symbol. Political symbols have important significance for the support or destruction of socio-political order. But the chief essence ofpolitical symbols — is the ability to give meaning to all political activities, and the regular “exposition” of state symbols guarantees the stability of the existing socio-political system. (shrink)

Canada has an enviable record of relatively progressive and egalitarian legislation and policy in relation to Canadian family forms. The country’s constitutional guarantees of equality and multiculturalism provide the legal foundation for this record. In particular, Canada’s leadership in the recognition of and support for same-sex relationships in family law and social policy is widely acknowledged. This is, however, also deeply contested terrain: Feminist legal scholars informed by critical political economy argue that recent family law advances in Canada (...) sit compatibly with neo-liberal social policy and restructuring of the welfare state; the neo-conservative and religious right assert that the fundamental nature of family has been undermined by the recognition of same-sex marriage, facilitating the legal recognition of polygamous relationships, among others. Still others take the view that despite a liberal, progressive and formally egalitarian approach to family, the legal recognition of same-sex marriage in Canada reflects and reinforces a historically patriarchal, heterosexual institution that should be jettisoned rather than embraced. These arguments raise issues and illustrate more generally the tensions in state and legal construction and regulation of familial relations — historically and in the current context. In this Article, I re-theorize the significance of patriarchy and the relationship between patriarchal relations and the discourse of privatization in critical family law. Using the experience of women from the “outskirts” — lesbian spouses, welfare mothers, and women in polygamous relationships — I demonstrate the limits of any theory of “privatization” that does not theorize patriarchal relations. In particular, I identify and analyze the impediments to equality posed by increasingly invisible, but no less enduring, patriarchal familial ideologies in order to envision forms of family law reform and state social policy that might actually improve gendered and generational familial relations and transform the social landscape more generally. (shrink)

The 1988 Brazilian Constitution establishes a right to health in two of its provisions. The first provision provides a relatively long list of social rights, which includes not only the right to health, but also the right to the determinants of health such as education, food, employment, and shelter. The second provision recognizes the two components of the right to health, namely: factors that are likely to affect a person’s health, such as access to clean water, sanitation and nutrition; (...) and medical care or health services. This second provision establishes that the right to health “shall be guaranteed by means of social and economic policies aimed at reducing the risk of illness and other hazards and by the universal and equal access to actions and services for its promotion, protection and recovery.” It also enumerates state obligations, the first and most important one being the duty of the Brazilian state to guarantee the right to health to every citizen. (shrink)

In his 1993 health-care reform proposal, Bill Clinton offered health care as a civil right. If his proposal had been accepted, all Americans would have been guaranteed a basic package of health care. At the same time, they would have been forbidden to provide or purchase better basic health care, as a cost of participating in a national system to which they were compelled to contribute. A welfare entitlement would have been created and an egalitarian ethos enforced. This essay will (...) address why such egalitarian proposals are morally unjustifiable, both in terms of the establishment of a uniform health-care welfare right, and in terms of the egalitarian constraints these proposals impose against the use of private resources in the purchase of better-quality basic health care, not to mention luxury care. (shrink)

In his 1993 health-care reform proposal, Bill Clinton offered health care as a civil right. If his proposal had been accepted, all Americans would have been guaranteed a basic package of health care. At the same time, they would have been forbidden to provide or purchase better basic health care, as a cost of participating in a national system to which they were compelled to contribute. A welfare entitlement would have been created and an egalitarian ethos enforced. This essay will (...) address why such egalitarian proposals are morally unjustifiable, both in terms of the establishment of a uniform health-care welfare right, and in terms of the egalitarian constraints these proposals impose against the use of private resources in the purchase of better-quality basic health care, not to mention luxury care. (shrink)

[EN]In recent decades, problems related to the accessibility and sustainability of science have increased, both in terms of the acquisition and dissemination of knowledge and its generation. Policymakers, academics, and, increasingly, citizens themselves have developed various approaches to this issue. Among them, citizen science is distinguished by making possible the generation of scientific knowledge by anyone with an interest in doing so. However, participation alone does not guarantee knowledge generation, which represents an epistemological challenge for citizen science. Simultaneously, economic and (...) socio-institutional difficulties in science governance and maintenance have grown. To solve those problems, several market elements have been introduced, a solution rejected by those who consider science as a public good that states must guarantee. Alternatively, research and work on the commons are growing worldwide, the concept being extended from natural resources to knowledge resources. In this chapter, we propose science as a commons, underlining the essential role of citizen science. Difficulties also apply to citizen science itself, but the increasing development of a multitude of projects based on cooperation favours the conditions required for its sustainability and quality. Our philosophical proposal is based on empirical knowledge about citizen science coupled with socio-economic concepts, according to a sociopolitical epistemology. (shrink)

The article analyzes the phenomenon of ownership in its legal, economic, political and philosophical perspectives. Ownership is considered as an opportunity and as a guarantee of sustainable development. Comparative context is used to identify the specificity of the bourgeois model of owners’ power (social state) and the domestic concept of power-ownership (including socialist state). The author draws conclusions about ways to overcome the competition between the state and the market for the human resource and proposes to (...) explore the ideological provision of power-ownership in order to appreciate its progressive potential and predilection in relation to the liberal model of social development . (shrink)

The subject of the study is the Christian discourse of the English TV series «Robin of Sherwood» (1984–1986). As a methodological basis for the scientific work, a philosophical-hermeneutic approach is used, presented, in particular, in the works of W. Dilthey, H.-G. Gadamer and M.M. Bakhtin. The most important structure of understanding is the principle of the «hermeneutic circle», which assumes that the text as a whole is understood through each of its parts, and the part through the whole. In addition, (...) understanding arises in the process of «dialogical cognition», a dialogue between the author, as well as the text as a subject, and the reader (viewer). The content of the series «Robin of Sherwood» is analyzed in the specific historical conditions of the 1980s. This is a period of growing social and cultural protest caused in Europe and the United States by the policy of neoconservatism and the reduction of social guarantees. Many phenomena previously classified as counterculture are becoming fashionable and becoming mainstream, including the legacy of paganism, pre-Christian mysticism and mythology. The article shows that the creators of the series intended to present Robin Hood not only as a leader of social or national resistance, but also as a defender of the ancient pagan religion against the new, Christian. An analysis is given of episodes from the first two seasons of the film, which trace criticism of the Christian church as an institution, as well as specific monks and clergy. In the third season, the critical pathos towards the church practically disappears. However, the author comes to the conclusion that it is the first two seasons that demonstrate the development of the moral consciousness of the characters from pagan to Christian, and Christian discourse is present in the film text, perhaps contrary to the original intention of its creators. There is also a reception of the Christian discourse of the series in the Russian and, more broadly, Russian-language literary Internet space, which is reflected in discussions on relevant literary and historical forums, as well as in works of fan literature. (shrink)

The purpose of this paper is to explore the meaning of solidarity and its proper position in the legal frames, with particular focus on health care. Solidarity is often identified with welfare arrangements and social guarantees. In this institutional version, it tends to humiliate citizens and restrict their entrepreneurship. Moreover, administrative solidarity is unable to recognize the actual needs of the most vulnerable members of society, which should be one of its primary concerns. Solidarity, in its original meaning, (...) understood as supportive cooperation of fellow citizens, links their rights and freedoms with mutual duties and responsibilities. Hence, an alternative framework for solidarity should be provided. This framework, committed to the idea of decency, introduces the distinction between the minimum and maximum content of solidarity enforceable by legal means, which should be translated into certain health care practices. (shrink)

In social and political philosophy, linguistic differences are usually seen as one item in the long and indefinite list of Cultural Differences; consequently, language rights are discussed and criticized together with other cultural rights. In this essay, it is argued that a right to use one's own language can be justified by appeal to the practical role of language in human life. The ability to communicate effectively is essential for human autonomy and well-being; thus there is no need to (...) argue that linguistic groups, as groups, are entitled to special treatment, or that language rights are group rights. Because learning a new language is invariably a costly matter, by recognizing some languages as official languages the state (re)distributes burdens and benefits among its citizens. The task of language rights is to guarantee that these burdens are not distributed in a too unequal way. (shrink)

States in northern Nigeria are the latest in a list of political entities around the world formalizing religious law, or institutionalizing Shari'ah, into their public law system. Shari'ah applies in many Muslim-majority countries in the realm of personal law. However, when it is expanded and made to apply as part of public law, it carries enormous constitutional implications. This article examines the institutionalization of Shari'ah in twelve northern states of Nigeria in year 2000 and the likely implications on the constitutionally (...) guaranteed rights of non-Muslim minorities in those states. Muslims' objection to the methodology of human rights discourse stems mostly from the need to maintain integrity of the family, safeguard the interests of the community in addition to those of the individual, and preserve religious belief as manifested in ritual and in daily life. The author argues that the core issue in preserving Muslim values without trampling on the rights of the minorities lies in finding a synergy for simultaneous application of Shari'ah and human rights. A synergy is imperative because neither has proved to be satisfactorily workable at the public law level for contemporary Muslims—neither Shari'ah as represented by fiqh literature, nor the secular oriented human rights. It concludes that it is the goal of justice that should be immutable rather than the means for achieving the goal. Therefore, reconciling Islam with protection of non-Muslim rights in a Muslim-majority constitutional democracy should present less conceptual difficulties and social tension than is presently the case. (shrink)