John Arthur philosophically addresses the problems of racism and the legacy of past racial discrimination in the United States. Offering a thorough analysis of the concepts of race and racism, Arthur also discusses racial equality, poverty and race, reparations and affirmative action, and merit in ways that cut across the usual political lines. A philosopher, former civil-rights plaintiff and professor at an historically black college in the South, Arthur draws on both his personal experiences as well as his rigorous (...) philosophical training in this account. His conclusions about the meaning of merit, the defects of affirmative action, the importance of apology, and the need for true equality deal productively with one of America's most vexing problems. His book is also relevant to any society struggling with racial differences and past injustices. (shrink)

Naomi Zack brings us an indispensable work in the ethics of race through an inquiry into the history of moral philosophy. The Ethics and Mores of Race: Equality after the History of Philosophy enters into a web of ideas, ethics, and morals that untangle our evolving ideas of racial equality straight into the twenty-first century.

This essay is a critical discussion of Dipesh Chakrabarty’s book Provincializing Europe as well as a first sketch of a History on Equal Terms. After giving a short summary of Provincializing Europe, I first argue, against Chakrabarty, that there is no necessary connection between the discipline of history and the metanarratives of modernity. To the contrary: the founding idea of the discipline of history was a turn against such grand narratives. With his attempt to deconstruct the narratives of the European (...) Enlightenment and of modernity, Chakrabarty therefore has to be regarded as a thinker of radical historicism rather than as a critic of the discipline of history. Second, I criticize the use of the term “modernity” in Provincializing Europe and the concept of modernity in general. Instead of a deconstruction of the discipline of history, I propose a deconstruction of the concept of modernity. This could open up the way for a History on Equal Terms situated within the discipline of history, that is, a historiography that would—just as Chakrabarty rightly demands—in principle pay the same attention to and expect relevant results from any region in the world, depending only on the focus of research. (shrink)

This article investigates the constructions of Hebrew, classical, and “Northern” antiquities put forward by an eighteenth-century network of Anglo-German scholars. It asks to what extent these constructions propose a cultural equality between these competing “antiquities”, how such equality relates to the contemporaneous conception of universal history, and to what extent this development is driven by emancipatory tendencies within Enlightenment thinking. By discussing the changing approaches to Homer, Old Testament texts, and “early” European literature, the article relates the emergence (...) of primitivism and orientalism to Enlightenment historicism and an interest in the sublime, which produces a growing focus on the importance of authentic culture and the role of the bard-poet. By discussing the connections between the work of Joseph Trapp, Thomas Blackwell, Robert Lowth, and Thomas Percy on the one hand, and Johann David Michaelis, Christian Gottlob Heyne, Johann Jakob Bodmer, and Johann Gottfried Herder on the other, the article illustrates the significance in this context of newly emerging Anglo-German scholarly networks and illuminates lesser-known aspects of Anglo-German relations in the second half of the eighteenth century. (shrink)

Although thinkers of the past might have started from presumptions of fundamental difference and inequality between (say) the genders, or people of different races, this is no longer the case. At least in mainstream political philosophy, we are all now presumed to be, in some fundamental sense, basic equals. Of course, what follows from this putative fact of basic equality remains enormously controversial: liberals, libertarians, conservatives, Marxists, republicans, and so on, continue to disagree vigorously with each other, despite all (...) presupposing some kind of basic equality. They may argue about who gets what, how much, and why, but the starting point - that all people are in some sense deserving of prima facie equal consideration - has become an axiom of our moral and political thinking. But why? Why are we basic equals? The trouble is that as soon as one asks for an explanation of this foundational premise, it begins to look shaky. After all, on any conceivable metric human beings are notably unequal, and often to striking degrees. Philosophers in this area tend to talk of equal worth, but often without trying to specify what exactly that means. Philosophically, basic equality is neither acceptable nor rejectable. It is not rejectable because we appear to be, as a matter of fact, profoundly committed to the truth of the claim that we are all one another's basic equals. But to the extent that there appear to be no philosophical arguments for believing in the truth of basic equality, it is not acceptable either. The aim of this book is to try and show why basic equality is acceptable. To do so, however, it will also contend that we need to approach the question rather differently to how it has mostly been handled so far. What's required is an exercise in what Bernard Williams called 'impure philosophy': it must include insights from other areas of human intellectual endeavour, whether psychology and history or even what we learn from how we go about practicing basic equality in our collective lives. (shrink)

The following essay is adapted from one with the same title read to the British Society for the History of Science on 20 October 1958—the anniversary, by a striking coincidence, of the birth of W. H. Young . To his memory I dedicated the talk, and now rededicate its publication, not only because I am his daughter and of all that means, but because he invented a method, the method of monotone sequences, which shows the powerfulness of inequalities as a (...) mathematical tool supremely. (shrink)

Notice --- Hobbes and Adams as Thucydideans --- Ancient Greece --- Alternative Concepts of the Human Condition --- Medieval Monarchy --- Renaissance Republics --- Founding Fathers --- The Moral Recuperation of Self-Interest --- Other Human Worlds --- Now is the Whimper of Our Self-Contempt --- Culture is the Human Nature.

The Virginia School's economics of natural equals makes consent critical for policy. Democracy is understood as government by discussion, not majority rule. The claim of efficiency unsupported by consent, as common in orthodox economics, appeals to social hierarchy. Politics becomes an act of exchange among equals where the economist is only entitled to offer advice to citizens, not to dictators. The foundation of natural equality and consent explains the common themes of James Buchanan and John Rawls as well as (...) Ronald Coase and the Fabian socialists. What orthodox economics treats as efficient racial discrimination violates the fair chance entitlement to which people consent in a market economy. The importance of replication stressed by Gordon Tullock, developing themes from Karl Popper, is another expression of natural equality since the foresight of replication induces care into research. The publication of previously unpublished correspondence and documentation allows the reader to judge recent controversy. (shrink)

Joel Spring’s history of school polices imposed on dominated groups in the United States examines the concept of deculturalization—the use of schools to strip away family languages and cultures and replace them with those of the dominant group. The focus is on the education of dominated groups forced to become citizens in territories conquered by the U.S., including Native Americans, Enslaved Africans, Chinese, Mexicans, Puerto Ricans, and Hawaiians. In 7 concise, thought-provoking chapters, this analysis and documentation of how education is (...) used to change or eliminate linguistic and cultural traditions in the U.S. looks at the educational, legal, and social construction of race and racism in the United States, emphasizing the various meanings of "equality" that have existed from colonial America to the present. Providing a broader perspective for understanding the denial of cultural and linguistic rights in the United States, issues of language, culture, and deculturalization are placed in a global context. The major change in the 8 th Edition is a new chapter, "Global Corporate Culture and Separate But Equal," describing how current efforts at deculturalization involve replacing family and personal cultures with a corporate culture to increase worker efficiency. Substantive updates and revisions are made throughout all other chapters. (shrink)

Equality and identity. Bulletin of Symbolic Logic. 19 (2013) 255-6. (Coauthor: Anthony Ramnauth) Also see https://www.academia.edu/s/a6bf02aaab This article uses ‘equals’ [‘is equal to’] and ‘is’ [‘is identical to’, ‘is one and the same as’] as they are used in ordinary exact English. In a logically perfect language the oxymoron ‘the numbers 3 and 2+1 are the same number’ could not be said. Likewise, ‘the number 3 and the number 2+1 are one number’ is just as bad from a logical (...) point of view. In normal English these two sentences are idiomatically taken to express the true proposition that ‘the number 3 is the number 2+1’. Another idiomatic convention that interferes with clarity about equality and identity occurs in discussion of numbers: it is usual to write ‘3 equals 2+1’ when “3 is 2+1” is meant. When ‘3 equals 2+1’ is written there is a suggestion that 3 is not exactly the same number as 2+1 but that they merely have the same value. This becomes clear when we say that two of the sides of a triangle are equal if the two angles they subtend are equal or have the same measure. -/- Acknowledgements: Robert Barnes, Mark Brown, Jack Foran, Ivor Grattan-Guinness, Forest Hansen, David Hitchcock, Spaulding Hoffman, Calvin Jongsma, Justin Legault, Joaquin Miller, Tania Miller, and Wyman Park. -/- ► JOHN CORCORAN AND ANTHONY RAMNAUTH, Equality and identity. Philosophy, University at Buffalo, Buffalo, NY 14260-4150, USA E-mail: [email protected] The two halves of one line are equal but not identical [one and the same]. Otherwise the line would have only one half! Every line equals infinitely many other lines, but no line is [identical to] any other line—taking ‘identical’ strictly here and below. Knowing that two lines equaling a third are equal is useful; the condition “two lines equaling a third” often holds. In fact any two sides of an equilateral triangle is equal to the remaining side! But could knowing that two lines being [identical to] a third are identical be useful? The antecedent condition “two things identical to a third” never holds, nor does the consequent condition “two things being identical”. If two things were identical to a third, they would be the third and thus not be two things but only one. The plural predicate ‘are equal’ as in ‘All diameters of a given circle are equal’ is useful and natural. ‘Are identical’ as in ‘All centers of a given circle are identical’ is awkward or worse; it suggests that a circle has multiple centers. Substituting equals for equals [replacing one of two equals by the other] makes sense. Substituting identicals for identicals is empty—a thing is identical only to itself; substituting one thing for itself leaves that thing alone, does nothing. There are as many types of equality as magnitudes: angles, lines, planes, solids, times, etc. Each admits unit magnitudes. And each such equality analyzes as identity of magnitude: two lines are equal [in length] if the one’s length is identical to the other’s. Tarski [1] hardly mentioned equality-identity distinctions (pp. 54-63). His discussion begins: -/- Among the logical concepts […], the concept of IDENTITY or EQUALITY […] has the greatest importance. -/- Not until page 62 is there an equality-identity distinction. His only “notion of equality”, if such it is, is geometrical congruence—having the same size and shape—an equivalence relation not admitting any unit. Does anyone but Tarski ever say ‘this triangle is equal to that’ to mean that the first is congruent to that? What would motivate him to say such a thing? This lecture treats the history and philosophy of equality-identity distinctions. [1] ALFRED TARSKI, Introduction to Logic, Dover, New York, 1995. [This is expanded from the printed abstract.] . (shrink)

Our symposium on Naomi Zack's newest book, The Ethics and Mores of Race: Equality after the History of Philosophy (Rowman & Littlefield, 2011), had its origin in an Author Meets Critics panel of the Radical Philosophy Association at the American Philosophical Association Pacific Division conference in 2012, organized by José Jorge Mendoza. The respondents--Kristie Dotson, Lewis Gordon, José Jorge Mendoza, and Lucius T. Outlaw Jr.--have revised and expanded their original papers and Naomi Zack has in turn provided a detailed (...) response to their contributions. The result is an insightful, critical, and multiperspectival engagement with Zack's work. Throughout the respondents' papers you will find references to the twelve requirements that Zack argues are necessary for an ethics of race. These can be found in an appendix to Naomi Zack's response. (shrink)

With great energy and clarity, Sir James Fitzjames Stephen (1829-1894), author of History of the Criminal Law of England, and judge of the High Court from 1879-91, challenges John Stuart Mill's On Liberty and On Utilitarianism, arguing that ...

The European Court of Human Rights ("ECtHR") has a distinguished track record. Established under the European Convention on Human Rights 1950 ("ECHR"), it was the world's first international human rights court. It decides thousands of cases every year, and its opinions are cited world-wide. For most of its history, the Court's jurisprudence on equality was uninspiring, as it was based on a formal conception of equality. In recent years, however, the ECtHR has begun to give equality more (...) substantive content. (shrink)

ABSTRACT This article contributes to the call for decolonial utopian work by examining one of the earliest utopian texts in the United States, Equality; or, A History of Lithconia. Using a close reading drawing on colonial context, the author argues that Equality criticizes management of the Euro-American settler state. The story's historical and philosophical content overwrites Indigenous bloodshed and critiques instead both Jeffersonian agrarian democracy and urbanized commerce. The junction between reason and religion in this Deist text displays (...) its ideological commitment to terra nullis and a settler autarky that rearranges space for the betterment of a settler populace. Advocating an equal share of land and income among settlers, Lithconia's history praises an intelligent class that deploys reason and crafty social alliance to resolve Old World conflicts. Lithconia's universal income ultimately diverts the spoils of centuries of war against indigenous peoples, suggesting utopia and indigeneity occupy an incongruent relationship. (shrink)

The project of public-reason liberalism faces a basic problem: publicly justified principles are typically too abstract and vague to be directly applied to practical political disputes, whereas applicable specifications of these principles are not uniquely publicly justified. One solution could be a legislative procedure that selects one member from the eligible set of inconclusively justified proposals. Yet if liberal principles are too vague to select sufficiently specific legislative proposals, can they, nevertheless, select specific legislative procedures? Based on the work of (...) Gerald Gaus, this article argues that the only candidate for a conclusively justified decision procedure is a majoritarian or otherwise ‘neutral’ democracy. If the justification of democracy requires an equality baseline in the design of political regimes and if justifications for departure from this baseline are subject to reasonable disagreement, a majoritarian design is justified by default. Gaus’s own preference for super-majoritarian procedures is based on disputable specifications of justified liberal principles. These procedures can only be defended as a sectarian preference if the equality baseline is rejected, but then it is not clear how the set of justifiable political regimes can be restricted to full democracies. (shrink)

If ever there were a time in which concerns about equality as a primary issue for social policy disappeared from public view, now is not that time. Recent work in economics on inequality has climbed to the top of best-sellers lists, and the issue was a major talking point in American midterm elections in 2014. The sheer bewildering volume of scholarship and discussion of equality makes it difficult to distinguish signal from noise. What, of all that we know (...) about ways in which we are equal and ways in which we are unequal, matters? If, as seems plausible, we neither are nor should desire to be equal in every respect that we could in theory be equal, in which ways ought we to care about being equal? Does the kind of equality of outcome — perhaps equality of income or wealth — that is frequently the focus of discussion matter most? Does opportunity matter more? What about less material forms of equality such as equality of status, or power, or authority? How do these various forms of equality interact with each other? The essays in this volume represent the work of a number of leading scholars from different disciplines on these questions. Drawing on sources in philosophical analysis, empirical science, and history, they sort through competing claims and counterclaims about the intuitions that drive our concern for equality. Their conclusions are not in unison, but nonetheless represent important advances in our attempts to grapple with this crucial social value. (shrink)

My aim in this paper is to discuss the general idea of a Central-European ethos in comparison with the values that shaped the contemporary form of Western societies. My argument is threefold. First, I briefly discuss the emergent character of Western modernization. Second, I pinpoint those historical and material conditions that have shaped the general situation of Central Europe in the last two hundred years in order to indicate their influence on what Charles Taylor calls "social imaginaries", shared by the (...) peoples of the region. And in part three, I attempt to point out some consequences of the otherness of the Central-European mode of modernization for regional ethos and its perspectives. My general thesis is that the countries of Central Europe, members of what-is-now the Visegrad Group, that is to say, for the last two hundred years (and some of them, like Poland for instance, for last three or even four centuries) are in the process of some kind semi-modernization, This semi-modernization concerns not only their economies and social relations, but also certain moral and world views (Weltsschauungen), whose basic outlines are derived from inferiority complex about the modernized West. But at the same time they are mostly unable, for the reason I shall refer to below, to propose their own way of modernization. Hence, claims to equality and justice made within Central-European are are of a special kind, which involves a strong recognition of history as the source and basis for them. (shrink)

Most of the world’s constitutions contain clauses guaranteeing sex equality, and many also extend the special protection of the state to mothers. The constitutional protection of motherhood is undertheorized and neglected in global constitutional discourse, perhaps because jurisdictions like the United States view the special protection of women as contrary to gender equality. This Essay explores the feminist meanings and possibilities of constitutional motherhood clauses, by focusing on Germany, where they originated in 1919. While motherhood clauses have had (...) complex relationships with a range of feminist agendas, they solidified the notion that social reproduction was a subject for constitutional lawmaking. Addressing twenty-first century gender inequalities requires a more robust engagement of women’s disproportionate burdens in social reproduction. Having opened up a constitutional discourse around the challenges of social reproduction, motherhood clauses and gender equality guarantees can drive the search for new solutions. (shrink)

Naomi Zack brings us an indispensable work in the ethics of race through an inquiry into the history of moral philosophy. The Ethics and Mores of Race: Equality after the History of Philosophy enters into a web of ideas, ethics, and morals that untangle our evolving ideas of racial equality straight into the twenty-first century. In the preface to the paperback edition, Zack addresses the criticisms raised in response to this book and concludes that a focus on rights (...) and justice, rather than privilege, is the only fruitful pathway towards a functioning ethics of race. (shrink)

ABSTRACT Socioeconomic disparities between whites and blacks are pervasive in American society. Structuring of the discussion of these disproportions is the liberal race relations paradigm. According to Racial Liberalism, racial inequalities are an impermanent feature of American society because they are due primarily to race prejudice and discriminatory practices, which are continuously diminishing among whites. Challenging this view is Racial Realism. Racial Realism attributes the persistence of racial inequality to institutional privileges whites retain and refuse to relinquish whether or not (...) they are conscious of them. I argue that Racial Realism, with some qualification, is the better explanation for the persistence of racial inequality. Racial inequalities will persist, because American society and its entrenched institutions continue to affirm, white supremacy. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I (...) believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

Traditional accounts of the emergence of professional biology have privileged not only metropolis over province, but research over teaching and laboratory over museum. This paper seeks to supplement earlier studies of the ‘transformation of biology’ in the late nineteenth century by exploring in detail the developments within three biology departments in Northern English civic colleges. By outlining changes in the teaching practices, research topics and the accommodation of the departments, the authors demonstrate both locally contingent factors in their development and (...) continuities with existing traditions in natural history. The appointment of Arthur Milnes Marshall in preference to Louis Miall to the new zoology chair in Manchester in 1879 casts light on contemporary views of the laboratory and museum as ‘equal though different’. The transformation in biology, in Northern England at least, was shaped more by such local institutional changes than by a phoenix-like rise of the laboratory from the ashes of the museum—more by the rhetorical construction of a professional academic community than any dramatic shift in sites. In this period the biology laboratory supplemented, rather than eclipsed, the museum, and the dichotomy between the ‘naturalist’ and the ‘experimentalist’ was far from clear-cut. (shrink)

Pursuing the Forms: Equality and Excellence in Plato's Republic and Symposium -- Equality and Excellence in the Education of Cyrus -- Splendid Equality in the Nicomachean Ethics: Munificence -- How Excellence Bows to Equality in Aristotle's Politics -- First Among Equals: Philosophers, Statesmen, and Citizens in Spinoza's Democracy -- Excellence and Equality in Fénelon's Telemachus -- The Seductive Danger of Equality and Excellence: The Moderating Wisdom of Montesquieu's Science of Ovidian Metamorphosis -- Equality (...) and Excellence in Rousseau's Emile, Book III -- Hegel's Evaluation of Liberalism: Equality of Rights without Human Excellence -- Democracy, Nobility, and Freedom: The Political and Moral Aesthetics of Tocqueville -- Does Kierkegaard Have a Concept of Excellence? -- Nietzsche: The Indignity of Equality -- The Good and the Excellent: John Rawls's Egalitarian Liberalism. (shrink)

Genes have long been used to validate social inequality. The Genetic Lottery: Why DNA Matters for Social Equality, by Kathryn Paige Harden, attempts not only to reclaim genetic research on human behavior from its eugenic past but also to argue that genetic research can be used to understand and enhance social equality. This review essay illustrates why embracing a political agenda in which genetics matter for social equality will not in practice advance efforts to reduce social inequality. (...) It argues that the points raised in The Genetic Lottery would be important in an alternate world in which structural inequalities have ceased to exist, but not in the world we live in today. (shrink)

Traditional accounts of the emergence of professional biology have privileged not only metropolis over province, but research over teaching and laboratory over museum. This paper seeks to supplement earlier studies of the 'transformation of biology' in the late nineteenth century by exploring in detail the developments within three biology departments in Northern English civic colleges. By outlining changes in the teaching practices, research topics and the accommodation of the departments, the authors demonstrate both locally contingent factors in their development and (...) continuities with existing traditions in natural history. The appointment of Arthur Milnes Marshall in preference to Louis Miall to the new zoology chair in Manchester in 1879 casts light on contemporary views of the laboratory and museum as 'equal though different'. The transformation in biology, in Northern England at least, was shaped more by such local institutional changes than by a phoenix-like rise of the laboratory from the ashes of the museum-more by the rhetorical construction of a professional academic community than any dramatic shift in sites. In this period the biology laboratory supplemented, rather than eclipsed, the museum, and the dichotomy between the 'naturalist' and the 'experimentalist' was far from clear-cut. (shrink)

How a hybrid Confucian-engendered form of governance might solve today’s political problems What might a viable political alternative to liberal democracy look like? In Against Political Equality, Tongdong Bai offers a possibility inspired by Confucian ideas. Bai argues that domestic governance influenced by Confucianism can embrace the liberal aspects of democracy along with the democratic ideas of equal opportunities and governmental accountability to the people. But Confucianism would give more political decision-making power to those with the moral, practical, and (...) intellectual capabilities of caring for the people. While most democratic thinkers still focus on strengthening equality to cure the ills of democracy, the proposed hybrid regime—made up of Confucian-inspired meritocratic characteristics combined with democratic elements and a quasi-liberal system of laws and rights—recognizes that egalitarian qualities sometimes conflict with good governance and the protection of liberties, and defends liberal aspects by restricting democratic ones. Bai applies his views to the international realm by supporting a hierarchical order based on how humane each state is toward its own and other peoples, and on the principle of international interventions whereby humane responsibilities override sovereignty. Exploring the deficiencies posed by many liberal democracies, Against Political Equality presents a novel Confucian-engendered alternative for solving today’s political problems. (shrink)

This article examines, through a theoretical lens, two issues concerning equality under international law thrown up by the ongoing Russo-Ukrainian War: the equal treatment of belligerents on different sides under international humanitarian law (IHL), which is being contested by revisionist just war theorists, and the unequal treatment of Ukrainians with different genders assigned at birth who are trying to flee Ukraine, which is being contested under international human rights law (IHRL). By examining different conceptions of equality through the (...) lens of social ontology, this article distinguishes between the regulatory focus of IHL on individual agency and the regulatory focus of IHRL on social structures, which directly influence how ‘difference’ and ‘sameness’ are recognized and determined for the purpose of conceptualizing equality. Because of IHL’s focus on individuals, whose agency is limited in war, only highly agential conduct (e.g. targeting civilians) makes a ‘difference’ under IHL. Meanwhile, outside IHL’s regulatory focus, the different causes of states’ participation in war are evened out as the ‘same’ structured positions occupied by different individuals, warranting their same treatment according to belligerent equality. On the other hand, because of IHRL’s focus on social structures, which heavily condition the individuals, structural arrangements make a ‘difference’ under IHRL. Outside IHRL’s regulatory focus, individuals’ different innate characteristics such as sexual characteristics are evened out as the ‘same’ agential quality of being human, warranting their same treatment according to sex equality. The article argues that the contestations about these equality principles find deeper roots in their divergent social ontological visions, the revelation of which can open up new spaces for dialogue on and inquiry into a common social world that grounds the legal conceptions of equality. (shrink)

There is an immense amount of conceptual confusion on the notions of equality and human rights not only among lay people but also among contemporary philosophers and political and legal theorists. There is reason for this. These concepts have been used in a multiplicity of ways in the history of thought. Furthermore they constitute a substratum from which we somehow deduce norms which constitute part of our moral and political frameworks, norms about which all of us feel strongly one (...) way or another; and for this reason more heat than light is often the result of talk about these concepts. Clarity on these concepts is badly needed, and not simply for the sake of conceptual clarity, though that by itself is desirable. But it is plain to me that lack of clarity about these concepts could be in part responsible for what some of us, at least, would characterize as morally reprehensible behavior on the part of some quite well-intentioned human beings. This I will try to show later in this paper. My primary concern, however, is to make our ideas of these concepts clearer, as Peirce would put it. I do not pretend that the analysis which I offer is adequate, but I do hope that the distinctions introduced take us a few steps along the way. I will also consider the issue of the justification of equality and human rights as norms. My paper, then, will include both conceptual and metaethical elements as well as normative ones. The former I regard as a necessary preliminary to the latter. (shrink)

Since the 1980s, society's wealthiest members have claimed an ever-expanding share of income and property. It has been a true counterrevolution, says Pierre Rosanvallon--the end of the age of growing equality launched by the American and French revolutions. And just as significant as the social and economic factors driving this contemporary inequality has been a loss of faith in the ideal of equality itself. An ambitious transatlantic history of the struggles that, for two centuries, put political and economic (...) equality at their heart, The Society of Equals calls for a new philosophy of social relations to reenergize egalitarian politics. For eighteenth-century revolutionaries, equality meant understanding human beings as fundamentally alike and then creating universal political and economic rights. Rosanvallon sees the roots of today's crisis in the period 1830-1900, when industrialized capitalism threatened to quash these aspirations. By the early twentieth century, progressive forces had begun to rectify some imbalances of the Gilded Age, and the modern welfare state gradually emerged from Depression-era reforms. But new economic shocks in the 1970s began a slide toward inequality that has only gained momentum in the decades since. There is no returning to the days of the redistributive welfare state, Rosanvallon says. Rather than resort to outdated notions of social solidarity, we must instead revitalize the idea of equality according to principles of singularity, reciprocity, and communality that more accurately reflect today's realities. (shrink)

In Chapter 8 of The Language Animal, Charles Taylor claims that narratives are unsubstitutable for an appropriate understanding of social life and ‘human affairs’ in general. In order to identify open questions in his argumentation as well as unwanted consequences of his outlook, I proceed in three consecutive steps. I first problematize Taylor’s distinction between laws and stories, then go on to address his intentional blurring of stories and histories, and finally suggest that the concept of genealogy might be a (...) promising candidate for describing Taylor’s approach, concluding that he implicitly forms the equation: narrative equals history equals critique. (shrink)

The task to reshape governments in the countries confronted with the Arab Spring prompts the question whether there are necessary conditions to realize a stable society that simultaneously seeks to eliminate the elements that have led to the uprisings. Acknowledging some constitutional rights seems indispensable in such a process. I argue that such a state of affairs is indeed the case, at least now that the ‘old’ justifications to differentiate between people do not suffice anymore. That is not to say (...) that the countries involved will have identical laws in each respect, but merely that a common basis has to be realized, manifested in political and legal equality, so this given does not derogate from the fact that each country’s specific legislation needs to be shaped in the light of its own history. Such a basis has no ‘moral’ character, but is a necessary condition to prevent sedition. (shrink)

Let me begin by thanking the Journal of Medical Ethics editors and the four commentators for taking time to read, reflect and offer thoughtful comments on my paper. The issues they raise warrant careful attention. Regrettably, I am only able to address some of their key concerns due to space constraints. In my paper, ‘Gestation, Equality and Freedom: Ectogenesis as a Political Perspective’, I outline two sets of critiques of liberal defences of ectogenesis and contend that these defences are (...) limited in their reach and scope. Building on Federici’s,1 and Dalla Costa’s and James’2 readings of the of the international feminist campaign ‘Wages for Housework’, I argue that the value of ectogenesis is to similarly advance a political perspective and a provocation. Framing ectogenesis in these terms enables to critically engage with the physical and social burdens of pregnancy, childbirth and childrearing, which all too often are borne by women. It also allows to demand for better medical and social services for mothers and women more generally, as well as better working and living conditions for these and other disadvantaged groups. Lisa Campo-Engelstein thoughtfully broadens my reading of liberal defences of ectogenesis and contextualises them within the history of ‘reproductive advancements and technologies’.3 She illustrates that …. (shrink)

McManus presents an intellectual history of the conservative and reactionary tradition, stretching from Aristotle and Confucius to Ayn Rand and Patrick Deneen. Providing a comprehensive critical genealogy of the intellectual political right, McManus traces its core to a nostalgia for the hierarchical cosmos of antiquarian and scholastic thinking. The yearning for a shared vision of the universe where each part of reality has its place maps onto the conservative admiration for orderly political and social stratification. It stamps even the more (...) moderate forms of liberal conservatism which emerged in the aftermath of the revolutionary 18th century, as the political right struggled to accept and later master first the politics of liberal capitalism and later universal suffrage. In its most radical forms this nostalgia for an orderly and hierarchical existence can harden into a resentment at the perceived shallowness of liberal modernity. McManus argues for those who support the project of modernity to commit themselves to better understanding the depth of the political right's critiques, many of which expose uncomfortable but solvable problems with the quest for equality and freedom. A critical guide to the history of conservative and reactionary thought for students and scholars of political science and political history. (shrink)

During Socialism, the “women’s issue” was among the key state policies in Albania. The emancipation issue followed a pattern similar to other socialist countries, called the “women’s emancipation model”. It was part both of the state rhetoric and the general need to include women in the “socialist transformative processes”. This involved policies that supported women’s participation in the productive labour force, as well as the introduction of new laws that promoted the equality between men and women. A reconfiguration of (...) gender roles and the gender division of tasks occurred during socialism. In Albania, this process had two distinct phases. From 1944 onward women’s emancipation was thought of in terms of their participation as an additional force in the post-war reconstruction effort, even though sporadic and aligned with the primary political needs of the regime. The second phase occurred during the ‘60s following the Party’s directive “For the complete emancipation of women”. This phase was considered strategic as it coincided with the efforts to industrialize the country and to eventually fully centralize the control over the territory. This paper aims to investigate the entanglements between gender propaganda and gender practices. For this purpose, we analyse various party speeches and policies as well as examples of “heroines” and propaganda movies. A thorough analysis of State Archives and other documents was undertaken to substantiate this investigation. (shrink)

The concepts of freedom, equality and solidarity are known as the three core demands of the French Revolution and are still central to modern societies. A reconstruction of these concepts cannot be done in a linear way, and a closer examination shows that they are often ambiguous. Keeping this in mind, it is important to distinguish between positive and negative liberty or that equality can refer to different aspects. For example, there is the concept of equality in (...) distribution, in procedures also a concept of egalitarian results. Moreover, the idea of solidarity seems to be complex as it can occur in social communities on the one hand or in a contractual manner in trade unions or based on insurance law on the other hand. Although these three concepts were criticized and transformed throughout history, the demand for freedom, equality and solidarity is still present today. (shrink)

The picture he paints is not a pretty one. “Societies,” he writes in the first section of the volume, “do not decay and fall into ruin because of what happens to them from the outside but rather as a result of an internal process.” One of the most important indicators of social decadence, Tonsor thinks, is the breakdown of traditional political forms, which is itself the result of the decay of aristocratic norms and republican virtue. The contemporary secular, anti-Christian culture (...) promoted by our academic and media elites, in Tensor’s judgment, has replaced its traditional calling of providing uplifting intellectual and artistic standards. In providing evidence of decadence, Tonsor hardly needs to call attention to the breakdown of the family, the dissolution of conventional morality, the increase in crime and use of addictive drugs, and a declining birth rate. Troubling, he thinks, is the transformation of the army from a citizen body to a professional army of paid mercenaries and the propensity of the government to radiate its power outward to world conquest and domination. Above all, Tonsor is concerned about the nation’s loss of the moral tradition represented in the country’s founding documents. Can a civilization survive, he asks, without the unity provided by a common core of values? The crisis of Western civilization, detected early in the last century and addressed by philosophers as different as Husserl, Heidegger, and Santayana, remains. The denial of the Christian and classical sources of Western civilization and the cultural hostility to religion as found among our governing elites has created a moral vacuum. When a consensus with respect to the desired goals of society disappears there is no basis for an ordered civic life. Tonsor fears that absent virtue in the people, it is inevitable that a dictator or authoritarian regime will arise to impose order from without. Tonsor tries to avoid the outright pessimism of Spengler and Toynbee by pointing out that man is not fated but chooses his own life. There is, he believes, a parallel between the personal and the social. Of the twenty-six essays collected for the volume, only three in the first part are devoted to the topic of “decadence.” Others are organized under such headings as “Equality,” “Historiography,” “Intellectual History,” and “Politics.” Throughout the volume we find a highly informed, philosophical mind at work, one fully equipped to address the pressing issues of the day. (shrink)

In recent years, there has been renewed interest in the question of when, if ever, the state may use coercion to enforce majority views about what types of conduct are right or wrong, noble or base, decent or indecent. Such interest has been generated by both political and philosophibal pressures. In recent political history, controversies over such issues as abortion, homosexuality, pornography, textbooks in schools, new reproductive technologies such as surrogate parenting and in vitro fertilization, and faith healing have focused (...) attention on the role of the state in supporting or opposing various moral views. In political philosophy, often a theoretical reflection of the political debates of the time, we have seen renewed attempts to provide a satisfactory foundation for traditional liberal views of the legitimate scope of state power. In particular, there has been an emphasis on the neutrality of the liberal state and the right of individuals to be treated as equals by the state. (shrink)

Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at (...) all for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position. (shrink)

Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at (...) all for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position. (shrink)