I examine the rising tension between two Islamic movements in Turkey: The Justice and Development Party and Fethullah Gülen’s Hizmet Movement within the context of increased human rights abuses by the government in Turkey. I argue that Gülen and Hizmet are a continued concern for Recep Tayyip Erdogan and AKP because of Hizmet’s social services, primarily in the realm of education. Furthermore, their influence in public ranks further troubles Erdogan. However, it seems that because of Hizmet’s disinterest (...) with electoral politics, along with an absence of other challengers to the ruling government party’s electoral success, Erdogan and the AKP will continue to hold political power, at least for the short term. Furthermore, this case illustrates Erdogan’s willingness to carry out increased authoritarian actions, as well as a willingness to violate the human rights of civil society actors in Turkey. (shrink)

Perceived uncertainty and anger lead people to investigate with respect to the establishment, and politicians who are seen as reckless within society. In this sense, populist discourse paved a way to respond by glorifying one group of people and scapegoating others that emerge as group differentiation. Critical moments especially illustrate mutual constructive identification through the discourse of political actors. This article explores a contextual change in the populist discourse of the Justice and Development Party leaders by observing (...) the successive elections that occurred in 2015. It argues that the leaders mainly expressed an “us–them distinction,” “in-group superiority,” and “the people” populist themes; as well as these themes, the electoral speeches made for the second election presented scapegoating and exclusionary statements even more. (shrink)

ABSTRACT:We call for business ethics scholars to focus more attention on how individuals and organizations respond in the aftermath of unethical behavior. Insight into this issue is drawn from restorative justice, which moves beyond traditional approaches that emphasize retribution or rehabilitation to include restoring victims and other affected parties, reintegrating offenders, and facilitating moral repair in the workplace. We review relevant theoretical and empirical work in restorative justice and develop a conceptual model that highlights how this perspective can (...) enhance theory and empirical research in business ethics. We specifically identify topic areas that we believe have particular promise for business ethics scholars to pursue. We close our paper by discussing implications of the restorative justice approach for practicing managers. (shrink)

In recent years, several political theorists have argued that reasonable principles of justice are practice-dependent. In this paper it is suggested that we can distinguish between at least two main models for doing practice-dependent theorizing about justice, interpretivism and constructivism, and that they can be understood as based in two different conceptions of practices. It is then argued that the reliance on the notion of participants that characterizes interpretivism disables this approach from adequately addressing certain matters of (...) class='Hi'>justice and that a better way of developing the idea of practice-dependence can be found in a constructivism that starts from the Rawlsian idea of overlapping consensus, but which shifts the focus of that approach from societies to a more open-ended category of domains, and which understands the parties to a possible overlapping consensus as stakeholders in a certain set of interconnected practices. (shrink)

The article provides an analysis on how much the standard court proceedings can be regarded as the research, which is performed by investigating by what manner and measures the justice in a procedural sense is implemented. It is generally acknowledged that the court, as a subject, solving a legal dispute, implements justice only in the case, when it ensures the impartiality towards all persons. The appropriate legal proceedings form a constituent part of the constitutional right to apply in (...) the court. The article aims at introducing certain aspects of the implementation of the principle of justice in the court proceedings of Lithuania. It is indicated that the lack of legal methodology results in different arguments of the rendered decisions and their unpredictability, therefore, it does not encourage to opt for the legal peace. The article is topical in a sense that it has not provided an analysis, on which the aspects of impartiality reveal themselves in the nowadays case law in particular cases and how it produces an effect on the approach to justice. In Lithuania, doctrinal presumptions were created for the freedom of the courts, upon which the courts started to formulate new procedural regulations. The freedom of the actions of judges is based on the aim to ensure a stronger safety in regard to the rights pertaining to one of the public groups, i.e. to disallow the domination of certain subjects over the others by eliminating inequality between the parties. The freedom of the actions of judges is also justified by the aim to render the right decision. However, the formulation of the new regulations according to the actual situation by too freely interpreting the norm of the proceedings, without having the doctrinal basis for that, causes the legal confusion, thus inconsistency in the case law appears, the inner contradictions arise and, in addition to that, there is a failure to follow the standard of impartiality. The individualisation of each legal dispute pursuant to the newly established procedural regulations creates the presumptions for legal instability. Upon the absence of doctrinal substantiation for the newly formulated procedural regulations, the risk arises for the courts to unduly avail of the competence granted to them, thus there will be no implementation of the justice attained. The approach, based on the demand for an individual safety, encourages to refuse the regulations, which are universally applied. Such conception of justice is characteristic for legal individualism, which is grounded in consumerism, by means of which the standard court proceedings are refused, while the extended sympathy theory becomes the starting point. The comprehension and observance of the legal methodology is one of the conditions for the development of the consistent case law. The presence of a clear method in the case law will allow to prevent from pursuing different legal conceptions, i.e. different reasoning of a court decision upon the similar circumstances, as well as it will prevent from speculating on the accepted legal position by refusing the legal argument. (shrink)

This article examines certain aspects of current English doctrine in the light of applied property theory. Two of the problems of home-sharing which the law must address are: When should a claim be sustainable against the party who has legal title? Should such claims be exigible against successors of the title-holder? When statue is silent, three doctrinal streams of case-law are invoked. They concern money-down resulting trust interests, proprietary estoppel claims, and common intention constructive trust interests. The 'just outcome' (...) is prayed in aid, intermittently and interstitially, when the doctrinal solution is unclear or when doctrine itself is developed. This article reverses the usual approach. It asks what sound 'property-specific justice reasons' are relevant to the home-sharing problems. They are canvassed before an imaginary Justice Tribunal: (i) no going back on a gift; (ii) perfecting a contract; (iii) fruits of money; (iv) induced expectations; (v) labour desert; (vi) home need; (vii) windfall wealth. Current doctrine is assessed in their light. (shrink)

Scholars have long recognized the existence of myriad widespread deep disagreements on values, justice, morality, and ethics. In order to come to terms with such deep disagreements, resistant to rational solution, this article asserts the need for developing an ethics of disagreement. The reality that theoretical disagreements often turn into practical conflicts is a major justification for why such an ethics is necessary. This paper outlines an ethics of deep disagreement that is primarily conceived of as a form of (...) virtue ethics. Such an ethics asks opposing parties in moral and intellectual conflicts to acknowledge that (a) deep disagreements exist, (b) opposing positions should be recognized as worthy of respect, and that (c) one should seek dialogue and mutual understanding. This ethical approach conceives of toleration as a moral and political virtue and presents an argument for toleration based on deep disagreements. (shrink)

What are the social dynamics behind the rise and resilience of today’s authoritarian regimes? This paper seeks to answer this question by focusing on the longest lasting elected autocracy of our era, the AKP (Justice and Development Party) regime in Turkey. Building on the authoritarian neoliberalism literature’s criticism of the scholarship on competitive authoritarianism, I point out the seeds of authoritarianism in the pro-market reforms of the 1980s–2000s. However, both literatures fail to address the popular embrace of (...) authoritarianism. In critical engagement with analyses of fascism, I develop the concept ‘democratic autocracy’: a parliamentarised, individualised, personalistic, and relatively more market-oriented, twenty-first century version of fascism. The democratic autocracy in Turkey organises and mobilises the people through parties, youth and aid associations, paramilitary organisations, and unions. However, both unresolved economic crises and democratic autocracy’s sociopolitical dynamics set limits to its resilience, as well as to the sustainability of its parliamentarism. (shrink)

ABSTRACT Studies on development and fairness judgments in resource allocations have mainly addressed the distribution of reward. However, the distribution of responsibility also requires exploration in the context of research on development and distributive justice. For an integrated understanding of reward and responsibility distributions, we briefly reviewed the studies on children’s fairness judgments in reward and responsibility distributions. We then discussed the theoretical basis and methodological framework to further our understanding. After reviewing a study which considered both (...) reward and responsibility distributions in the same experiment, we also discussed the questions to be solved to understand children’s fairness judgments in both types of distributions. Individual developmental process of fairness judgments, (in)consistency of judgments in reward and responsibility distributions, and generous judgments in allocations were discussed by referring to theoretical discussions of culture and reciprocity. (shrink)

In this article, we examine scholarly analyses of justice and develop a framework that can help assess the claims from the parties in the Russian state-led doping scandal, including, but not limited to, Russian athletes, non-Russian athletes, the World Anti-Doping Agency, and sport governing bodies. The two key components of this justice framework are pluralism and relationality/contextuality. We argue that a justice framework built upon these elements better captures the nature of justice. We conclude that no (...) party in the Russian state-led doping case has exclusive access to justice. Rather, all the parties have legitimate calls for justice against one another. Thus, the administration of justice will fail to serve justice, in its different meanings, for all parties. (shrink)

This article assesses the prospects of social democracy in Turkey in light of two prominent debates regarding social democracy: the challenge of populism and the proper balance between a politics of redistribution and a politics of recognition. By focusing on the Republican People’s Party (CHP), it shows that the main problem the party faces is to find ways of addressing the issues of recognition and redistribution. Success in addressing these issues would provide an effective alternative to the populist (...) agenda of the ruling Justice and Development Party (AKP) and build channels for participatory democracy and institutions of accountability. We argue that social democracy, with its legacy of democratic rule and institutions, can serve as a significant anchoring point in such an effort. We point out, however, why current social, institutional, political, and cultural factors make the CHP’s task of pursuing a social democratic agenda in Turkey particularly difficult. (shrink)

After years of progress in terms of gender and sexual rights, since 2012 Europe is facing a so-called gender backlash – opposition directed to issues related to reproductive policies and abortion, violence against women, lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) rights and gay marriages, gender mainstreaming and sex education at schools as well as antidiscrimination policies. In this article, firstly, by taking the anti-gender developments as point of reference, I examine the emergence of anti-gender movement in Europe via (...) the use of what I call troll science. Troll science is based on (distorted) scientific arguments moulded into populist discourse, creating an alternative narrative on the conceptions of gender equality. Similar to troll accounts posting provocative, superfluous and even off-topic messages on social media to start arguments and quarrels aiming to distract, troll science, I argue, creates an alternative narrative opposing the scientific facts and discourses (i.e. climate change, evolution, vaccination and gender theory). Later, I discuss the emerging conservative troll-scientific discourses and the gendered public normative order of Adalet ve Kalkinma Partisi (AKP; Justice and Development Party) government, under the New Turkey. I previously argued that New Turkey and the society under the party’s rule perpetuated by a new set of standards create an alternative narrative on the conceptions of gender equality through troll-science narratives. I concluded by showing how such ideological discourses help create emotional echo chambers – enabling its fast distribution and acceptance by the ideologically conservative groups. Contribution: This paper contributes to the Special Collection Gender Justice, Health and Human Development with the theory of troll-science it introduces to discuss the alternative and anti-gender scientific discourse that is dominating academia. (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha (...) Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

In the last decade, discourse on sexuality has proliferated more than ever in the political realm in Turkey. The discursive utilization of women’s bodies and sexualities has appeared as the main tool to consolidate a conservative gender regime and the heterosexual family with children is promoted as the basic unit to reinforce hegemonic moral values and norms. This article aims to disentangle the intricate patchwork in the Justice and Development Party’s gender politics, which is geared towards ensuring (...) pervasive control of women’s bodies and sexualities. Within this framework, this article investigates the proliferation of the discourse on women’s bodies and sexualities in Turkish politics by delving into the constitutive factors of the JDP’s hegemonic gender politics and examining the narrative lines in recent public debates on women’s sexualities. (shrink)

In this article, recent attempts by the Justice and Development Party to address the problems of Alevi citizens in Turkey are analysed. After briefly outlining the sources of Alevi revitalization in the 1990s, the article critically discusses different aspects of the Alevi Opening process. It concludes by arguing that the Alevi question reveals many aspects of the problematic nature of secularism in Turkey.

How are we to understand and analyse the constitutional tension in Turkey between the judiciary and the political sphere? In this article the issue is mirrored in the political crisis which started in April 2007 with the nomination of Abdullah G l as presidential candidate by the moderate Islamist Justice and Development Party (AKP). The more detailed empirical background consists primarily of the dress code problematics including the matter of party closure. Theoretically, the “hegemonic preservation” thesis (...) elaborated by Ran Hirschl turned out to be a useful instrument when it comes to explaining this political crisis as well as the origin of the so-called new constitutionalism. This is illustrated by the judicial activism in the headscarf affair as well as by the eagerness of the Republican People's Party (CHP), as the political representative of the secular establishment, to play the 'Atat rk card' and to submit the protection of their interest to an independent judiciary and not to the uncertainties of the mechanisms of majoritarian democracy. However, with regard to the current Turkish case my analysis also shows that Hirschl's thesis is too static and should be complemented with a more dynamic perspective of constitutional politics as a repeated game. One example of this is that even if the Turkish Constitutional Court (TCC) had declared the constitutional amendment on the headscarf invalid and voted for economic sanctions against the AKP, it did not close the party down. (shrink)

Hume’s theory of justice, intricately linked to his account of moral development, is at once simplistic and mysterious, combining familiar conventionalistelements with perplexing, complicated elements of his rich moral psychology. These dimensions of his theory make interpreting it no easy task, although many have tried. Emerging from these many different attempts is a picture of Hume as defending an account of justice according to which justice consists of expedient rules designed to advance one’s self-interest. The mistake (...) of this view, I argue, lies in its narrow focus on the material rather than psychological effects of the conventions of justice. My goal here is to isolate the psychological effects of the rules of justice by analyzing the psychological transformation of the parties who morally commit to justice. (shrink)

The question of when it is permissible to inflict risks on others without their consent is one that we all face in our everyday lives, but which is often brought to our attention in contexts of technological innovation and scientific uncertainty. Xenotransplantation, the transplantation of organs or tissues from animals to humans, has the potential to save or improve the lives of many patients but gives rise to the possibility of infectious agents being transferred from donor animals into the human (...) population. As well as being an important ethical issue in its own right it therefore provides a useful vehicle for exploring the more general question of how to balance the benefits of a practice against the risks to third parties. This paper focuses on the Rawlsian, justice-based analysis of the risks of xenotransplantation proposed by Robert Veatch. It argues that Veatch is right to take considerations of distributive justice into account, but that his particular approach is flawed. It is hoped that consideration of Veatch’s arguments, and of the underlying assumptions will suggest better ways of executing a justice-based approach. (shrink)

This article has two objectives: firstly, studying the main contributions and deficiencies of the Law No. 103.13 on the fight of violence against women, enacted in Morocco on March 12th 2018. Secondly, studying ideological stress points between the civil society that is most committed with gender violence in Morocco, whose referents are based on the international declarations and conventions, and the governmental institutions of the Justice and Development Party, in power from January 2012, whose approaches are determined (...) by the Islamist ideology and by certain symbolic-religious Islamic specialties. (shrink)

ABSTRACTTurkey hosts the world’s largest community of displaced Syrians. According to UNHCR, there are more than 3 million registered Syrians in Turkey as of 2018. Since the beginning of the conflict in Syria in 2011, Turkey’s ruling Justice and Development Party has followed an open-door policy, which was accompanied by a discourse emphasizing religious solidarity and humanitarian values. However, the arrival of Syrian refugees has become entangled with the existing identity debates and conflicts in Turkish politics. The (...) AKP’s discourse on Syrian refugees has become intertwined with its positive self-representation as the defender of all oppressed people and its attempts to reconstruct the Turkish nation along more Islamic lines. The article analyses parliamentary debates and presidential speeches in order to unravel AKP discourses on Syrian refugees. Drawing upon the Discourse Historical Approach in Critical Discourse Analysis, the article puts forward two arguments. First, the refugee issue has become a constitutive component of AKP identity and a discursive tool to reconstruct the nation along more Islamic lines. Second, Turkey’s refugee policy has become a source of pride and enabled the AKP to claim moral superiority both vis-à-vis the West and its political opponents at home. (shrink)

Defending a procedural conception of global justice that calls for the establishment of reasonably democratic arrangements within and beyond the state, this book argues for a justice-based understanding of social development and justifies why a democracy-promoting international development practice is a requirement of global justice.

This article deals with the impact of the free, democratic and peaceful accession to power of the Islamic Justice and Development Party (JDP) in Turkey on the Arab world in general and on the Islamic currents active in Arab societies in particular. A main point is looking into how Arab political formations and especially political Islam are trying to make sense out of such recent developments in Turkey as: (1) the fact that traditionally reviled Turkish secularism, Kemalism (...) and westernism could produce a democratic form of political Islam capable of winning free elections and ruling Turkey without a catastrophe befalling the whole polity; and (2) the fact that an Islamic JDP is the most eager proponent of Turkey’s membership in the secular EU, while the traditional staunch military guardian of Turkish secularism is now the main obstructor of the drive for EU membership. (shrink)

This article is based on the question “How does the current governing party in Turkey, namely Justice and Development Party, reproduce its social power?” In order to answer this question, it is suggested that a combination of the different techniques of governmentality of the ruling party should be analyzed, with particular reference to the policies and institutions reconfiguring the role of the state and the notion of public deliberation in the midst of the rising discontents (...) of neoliberalism in Turkey. As an instance of such a technique of neoliberal governmentality in populist content, the formation of the communication centers by the AKP in Turkey will be investigated. For this purpose, firstly, the rise of the populism will be related to the increasing need for channels of political participation and a solution to public demands in the midst of rising authoritarian tendencies, in order to solve the political legitimacy crisis as well as creating new forms of represen... (shrink)

For several decades, the international community has criticized Turkey for failing to uphold the human rights and freedoms of its citizens and for not realizing the principles of non-discrimination and equality within its borders. As Turkey’s European Union candidacy proceeds, religious groups such as the Alevis claim to face discrimination and violations of their human rights and freedoms by the Turkish state. The Justice and Development Party debated the Alevis’ problems and structured the Alevi Initiative, which conducted (...) relevant workshops and discussions. Alevi arguments regarding their places of worship and the state’s religious education policy were identified as their main challenges. Alevis argued that the state’s policies on religious education and places of worship discriminated against them and violated their human rights. Through several human rights law cases before domestic and international tribunals, Alevis requested fulfillment, protection, and assurance of their human rights and freedoms. Several court decisions agreed that Alevis’ human rights and freedoms were being violated. However, the challenges and demands of Alevis still persist, as they contend that they have not succeeded in gaining the human rights and freedoms as required in contemporary Turkey under the JDP government. (shrink)

Since 9/11, the possibilities for pluralism and tolerance have been severely tested by a discourse of terrorism and security. The development of an intelligent and cosmopolitan understanding between religious communities in Europe and America has been compromised by a range of legal and political responses to terrorism. While the debate about the berqa has clearly indicated the problems relating to Muslim cultural differences, we argue that legal pluralism and in particular the question of Shari’a tribunals may prove to be (...) a more decisive test of Western multiculturalism. This article examines the many criticisms raised against religious arbitration in domestic affairs and considers the presence of the Shari’a at various levels of society, claiming that the evolution of Sharia-mindedness is compatible both with a faith-based life and with liberal ideals. However, the problem with religious courts lies elsewhere, namely with the fragmentation of social life and the erosion of citizenship. The article concludes by examining the prospects and problems of Turkish entry into the European Union with special reference to the domestic policies of the Justice and Development Party. (shrink)

In democratic countries such as Turkey, political parties are established around charismatic leaders and these leaders stay at the centre of the party, from naming the party to the arrangement of deputy candidates. National Outlook, a movement which prevailed in Turkish politics for forty years, won its biggest victory and formed a coalition government in 1995 with the True Path Party, under the leadership of Tansu Ciller. Having secularized its legal system in the early years of the (...) Republic, successive regimes in Turkey aggressively westernized all aspects of life. However, during the multiparty period, the style of radical secularism in Turkey was opposed by conservative groups and it has been criticized since then. The relationship between civil society and the military has always been problematic in Turkey, as the Turkish Army has always been suspicious of conservative governments on the issue of secularism. On several occasions the military has intervened in politics in order to prevent Islam from impinging on the Republic’s secular identity, and it expected to continue in its role as the champion of secularism when the Justice and Development Party came to power in November 2002. For the Turkish military, the National Outlook Movement is more dangerous than Kurdish separatist terrorism, being labelled irtica. The paper provides insights into the Turkish political context for the decision and analyses the roles of key actors in Turkish politics, such as Government and Army, during the 28 February 1997 process, their motivations and the policy processes in the country. (shrink)

I outline a holistic normative approach to migration in which I identify the major considerations that should be taken into account in formulating just migration policies. I argue that migration is basically an issue of global justice and that the basic interests of all parties significantly affected by migration should be taken into account in an adequate normative approach to this issue. I also maintain that an open borders policy does not allow for the strategic use of labor migration (...) as a tool to address global inequalities and that it neglects legitimate concerns that liberal egalitarians should have for the most vulnerable individuals in developing countries. (shrink)

Some societies tolerate or encourage high levels of chickenpox infection among children to reduce rates of shingles among older adults. This tradeoff is unethical. The varicella zoster virus (VZV) causes both chickenpox and shingles. After people recover from chickenpox, VZV remains in their nerve cells. If their immune systems become unable to suppress the virus, they develop shingles. According to the Exogenous Boosting Hypothesis (EBH), a person’s ability to keep VZV suppressed can be ‘boosted’ through exposure to active chickenpox infections. (...) We argue that even if this hypothesis were true, immunization policies that discourage routine childhood varicella vaccination in order to prevent shingles for other people are unethical. Such policies harm children and treat them as mere means for the benefit of others, and are inconsistent with how parents should treat their children and physicians should treat their patients. These policies also seem incompatible with institutional transparency. (shrink)

First published in 1998, this volume argues that two conditions need to be met for any agreement between people with conflicting desires to count as an unforced one, namely, that the parties argue as if they had equal power and that their antipathy to being coerced exceeds their desire to coerce others. These conditions entail objective moral principles and a theory of justice, modifying and developing Rawls' contractarian theory, but without the veil of ignorance. They support Rawls on basic (...) civil liberties and constitutional liberal democratic government, including religious tolerance, anti-paternalism, anti-racism and anti-sexism, but dispute his Difference Principle, his circumstances of justice, Laws of Peoples, reflective equilibrium, and freedom of conscience as a basic liberty. The book also gives a contractarian account of epistemology, metaethics, education, the rationality of being moral, the rights of animals and other non-persons, and the rights of indigenous peoples. Writers such as Brian Barry, R.S. Peters, Isaiah Berlin, Vinit Haksar, Jurgen Habermas, R.M. Hare, Philip Pettit, Derek Parfit, Michael Smith, Peter Geach, Philippa Foot, Bronwyn Davies, Quentin Skinner and Will Kymlicka are also discussed. (shrink)

How do Islamists get non-Islamists to vote for them? The existing literature suggests that what drives support for Islamist parties are macro-social transformations, Islamic culture, or Islamist party moderation. These approaches do not explain the variation in Islamist electoral performance. Why do Islamists win elections in some but not in other, very similar, contexts? This article identifies the important role of local elite recruitment and organizational cohesiveness in Islamist electoral performance. It applies the subnational comparative method to demonstrate the (...) causal mechanisms linking local party organizations to Islamist electoral success. Empirical evidence is drawn from in-depth studies of the Justice and Development Party’s local branches in three closely-matched pairs of cities in Turkey. The findings bridge the literatures on political Islam and party politics with a new theory of Islamist electoral strategy and performance. (shrink)

Inequalities, ineffective governance, unclear surrogacy regulations and unethical practices make India an ideal environment for global injustice in the process of commercial surrogacy. This article aims to apply the ‘capabilities approach’ to find possibilities of global justice through human fellowship in the context of commercial surrogacy. I draw primarily on my research findings supplemented by other relevant empirical research and documentary films on surrogacy. The paper reveals inequalities and inadequate basic entitlements among surrogate mothers as a consequence of which (...) they are engaged in unjust contracts. Their limited entitlements also limit their opportunities to engage in enriching goals. It is the role of the state to provide all its citizens with basic entitlements and protect their basic human rights. Individuals in India evading their basic duty also contribute to the existing inequalities. Individual responsibilities of the medical practitioners and the intended parents are in question here as they are more inclined towards self-interest rather than commitment towards human fellowship. At the global level, the injustice in transnational commercial surrogacy practices in developing countries calls for an international declaration of women and child rights in third party reproduction with a normative vision of mutual fellowship and human dignity. (shrink)

A corrective justice account of a private law remedy attempts to the explain the remedy as giving back to the plaintiff something to which the plaintiff had a prior right that was breached by the defendant's receipt of that thing. It has proven challenging to explain how disgorgement for breach of contract is consistent with corrective justice. This remedy gives to the plaintiff any profit that a defendant received from a third party by breaching a contract with (...) the plaintiff. In this paper, I critique two leading attempts to show how disgorgement for breach of contract is consistent with corrective justice. I argue that these attempts fail, and I suggest that a plausible corrective justice account of disgorgement should be based on something other than the nature of the contractual rights borne by a plaintiff. I then develop an alternative account based on an analogy between disgorgement for breach of contract and disgorgement for breach of fiduciary duty. To do so, I draw on recent scholarship on the consistency of disgorgement for breach of fiduciary with corrective justice and analyze the leading judicial decision on disgorgement for breach of contract by the UK House of Lords inAttorney General v. Blake. I argue that the fiduciary-based account can provide a plausible explanation for how disgorgement effectuates corrective justice by giving back to a plaintiff something to which he had an antecedent right that the defendant violated by profiting from a breach of contract. (shrink)

Linguistic justice is about institutions distributing material and symbolic resources fairly when they are faced with linguistic diversity. However, no theory of linguistic justice has developed a systematic and comprehensive account of the moral dilemmas that take place in interpersonal linguistic relationships, in particular the power dynamics leading to (linguistic) domination. The aim of this article is to start building a general theory of linguistic domination, one that offers new conceptual tools for both empirical and normative analyses of (...) linguistically diverse societies. Using the republican tradition of thought, I argue that there is linguistic domination whenever someone is subject to the uncontrolled capacity for interference over their linguistic uses, ideology and acquisition by another agent. This article tests under what conditions this phenomenon takes place and the parties involved in it (both in terms of individuals and political institutions). (shrink)

ABSTRACTThis article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice of the social order as a whole.Normatively, the article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant (...) informational disadvantage must be guided by the commitment to relational justice, that is, to reciprocal respect for self-determination and substantive equality. Jurisprudentially, the article studies the systemic difficulties hindering the translation of these normative prescriptions into legal language and analyzes how they affect the form assumed by the law of precontractual justice and its institutional pedigree. (shrink)

Vulnerability and empowerment are central concepts of contemporary development theory and ethics. Vulnerability associated with human interdependence is a wellspring of values in care ethics, while vulnerability arising from social problems demands remedy, of which empowerment is frequently the just form. Development planners and aid providers focus upon improving the wellbeing of the most vulnerable – especially women – by empowering them economically, socially and politically. -/- Both vulnerability and empowerment are considered in this volume. Jay Drydyk argues (...) that empowerment is necessarily relational, not simply a matter of expanding choices. Christine Koggel reviews Drydyk’s discussion through the lens of feminist relational theory, considering how norms, structures and institutions shape, delimit, and promote empowerment. Gail Presbey examines empowerment in East African women’s lives through the writings and biography of Wangari Maathai. Stacy Kosko considers indigenous self-governance and participation in shared governance. Serene Khader reflects upon postcolonial feminist criticism of the concept of adaptive preference. Vida Panitch discusses the economic vulnerability that surrounds the global market in surrogate birth. Anupam Pandey provides a review of third world eco-feminist activism and literature. Ann Cudd envisions international humanitarian intervention to support female autonomy against oppressive state and social institutions. (shrink)

Within the agenda of historical-materialist theory and practice Sociological Marxism has delivered a compelling perspective on how to explore and link the analysis of civil society, the state, and the economy within an explicit focus on class exploitation, emancipation, and rich ethnography. This article situates a major analysis of state formation, the rise of the Justice and Development Party, and the growth of a broader Islamist movement in Turkey within the main current of Sociological Marxism. It does (...) so in order to critically examine the rather bold revision of the theory of hegemony at the heart of Cihan Tuğal’sPassive Revolution: Absorbing the Islamic Challenge to Capitalism, which posits the separate interaction of political society, civil society and the state in theorising hegemonic politics in Turkey. My contention is that the revision of hegemony that this analysis offers and its state-theoretical commitments are deeply problematic due to the reliance on what I term ‘ontological exteriority’, meaning the treatment of state, civil society and the economy as always-alreadyseparatespheres. The focus of the critique then moves toward highlighting a frustrating lack of direct engagement with Antonio Gramsci’s writings in this disquisition on hegemony and passive revolution, which has important political consequences. While praise for certain aspects of ethnographic and spatial analysis is raised, it is argued that any account of the reordering of hegemony and the restructuring of spatial-temporal contexts of capital accumulation through conditions of passive revolution also needs to draw from a more sophisticated state theory, a direct reading of Gramsci, and broader scalar analysis of spatial relations and uneven development under capitalism. (shrink)

This paper considers how restorative justice as a theory of justice grounded in feminist relational theory can offer a conceptual framework from which to understand and approach justice, peace and development and their interrelationship in the context of peacebuilding. Feminist relational theory grounds a conception of justice that moves beyond the narrow focus on justice as merely an element or stage of peacebuilding to an understanding of peacebuilding as the work of building sustainable just (...) social relationships. (shrink)

The security bill that was proposed by the Justice and Development Party government in 2014 has sparked controversy both within and outside the Parliament of Turkey. Yet, with AKP’s majority, the bill – which includes an anti-masking regulation for protests – was passed in spring 2015. In this article, first I demonstrate a partial mapping of the rhetoric employed by mainstream politics in Turkey, to underline that any oppositional political activity on the streets has the potential to (...) be labeled a ‘terrorist’ one – and most have been. Then, by taking one of the most prominent examples of these events, the Gezi uprising, I discuss the affirmative biopolitical potentialities of the uses of masks that the law criminalizes. Lastly, I situate the law globally in relation to the protest movements, on the one hand, and anti-masking laws on the other. (shrink)

It is the intention in this article to explain the electoral stagnation of the Republican People’s Party (Cumhuriyet Halk Partisi, CHP) in the light of the 2015 parliamentary elections in Turkey. Drawing on theories of voting behavior, the article uncovers the organizational shortcomings within the party and the problem of credibility that have emerged as significant impediments to the party in addressing long-term historical-structural issues, mainly the division of Turkish society between the religious periphery and the secular (...) center. Furthermore, the strong identification between the ruling Justice and Development Party (Adalet ve Kalkınma Partisi, AKP) and its partisans have made party-switching difficult, having been achieved, above all, through the provision of economic benefits and public services and the consolidation of party identification through growing polarization and division in Turkish politics. Last but not least, the changes to the political environment between the June 7 and November 1, 2015 elections, pushed stability and security to the top of the agenda, as well as AKP’s electoral adjustments in the run-up to the November 1 elections inhibited any possible flow of votes to the CHP. (shrink)

After almost two decades in power, R. T. Erdoğan and his Justice and Development Party have established authoritarian and Islamist governance in Turkey, which has adversely affected gender equality and women’s rights. So much so, that in 2009 the European Court of Human Rights acknowledged that there is a climate conducive to domestic violence in Turkey. Despite Erdoğan withdrawing Turkey unconstitutionally from the Convention on Preventing and Combating Violence against Women and Domestic Violence, the government cannot withdraw (...) from the state’s duty to protect its citizens from the criminal acts of private individuals. By using international and regional organisations’ approaches to positive obligations and due diligence as a measure, the article addresses whether Turkey is fulfilling its duty of protecting women from the violent conduct of others. It is concluded that the government is failing in its positive obligations and instead, is reinforcing the climate through its discourse and practices that strengthen a national tolerance of violence against women and the national authorities’ reluctance to address it, thus allowing for impunity of its perpetrators. (shrink)

Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have (...) concentrated, perhaps more modestly, on the characterization of the ways in which competing value claims should be balanced, with a view to establishing a _modus vivendi _aimed at containing the conflict. _Interactive Justice _addresses an important question related to this debate: on what terms should the parties interact _during_ their conflict for their interaction to be morally acceptable to them? Although largely unexplored by political philosophers, this is a main area of concern in conflict management. Building on a proceduralist interpretation of "relational" concerns of justice, the author develops a liberal normative theory of interactive justice for the management of value conflict in politics grounded in the fundamental values of fair hearing and procedural equality. This book innovatively builds a bridge between works in political philosophy and peace studies to propose a fresh lens through which to view the normative responses liberal institutions ought to give to value conflict in politics, and moves beyond the apparent dichotomy between pursuing end-state justice through conflict resolution or peace through conflict containment. (shrink)

This paper proposes to argue that ecological justice that is rooted in an ecocentric approach to nature is the key to achieving integral human development which goes beyond ‘development that is only worth our while’. Ecological justice is achievable if there is a clear understanding of relations at two distinct levels - one, the relation among humans and another between the entire human community and other elements of the ecosystem. These relations are the basis of the (...) alliances that we form to address issues of integral human development. The focus of the paper is the second kind of alliance that is based on an understanding of the relation between the human and the non-human realm. However, an ‘alliance’ is normally formed between partners with equal standing. Is there a sense in which both humans and the non-human world can be considered to be ‘equal partners in an alliance? The paper considers how one might establish this by examining diverse philosophical viewpoints that have addressed the issue of the treatment of non-human animals for anthropocentric ends. It discusses whether equality between parties is necessary for the formation of an alliance drawing extensively from ethical theories and examples from the world. From rights approach, recipients of justice, to care ethics, several theories offer guidance to support what would constitute a ‘humane’ approach to non-human animals. While these approaches crucially pin the broad perspective, they have not explicitly considered the role of an alliance between humans and non-human animals in achieving a basic level of wellbeing for the latter. Taking cues from the different kinds of ‘ruling over’ from Stuart Gray’s understanding of the relation between humans and non-human nature, the paper seeks to establish that an alliance between humans and the non-human realm is possible even without committing to their equal status and this could form the basis of ecological justice and well-being. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Theory of Bioethics by David DeGrazia and Joseph MillumColin Hoy (bio) and Winston Chiong (bio)Review of David DeGrazia and Joseph Millum, A Theory of Bioethics (Cambridge University Press, 2021)David DeGrazia and Joseph Millum’s A Theory of Bioethics 2021 arrives at a curious time for an ambitious effort at systematic theory construction, seemingly out of step with bioethical fashion. At the same time, a prominent group of philosophical (...) bioethicists authored an article, possibly with a touch of defensiveness, to “make the case that philosophy and philosophers still have a very important and meaningful role to play in contemporary bioethics” (Blumenthal-Barby et al. 2021). Meanwhile, the annual meeting of the American Society for Bioethics and Humanities included several expressions of impatience with the historical privileging of philosophy over more empirical, situated, and community-oriented approaches to moral problems in health.DeGrazia and Millum’s work itself reflects the current state of bioethics and how it has changed since the heyday of grand bioethical theory construction in the late twentieth century. To apply Parfit’s philosophical taxonomy (1984), the general frameworks promulgated by theorists like Veatch, Engelhardt, and Gert, as well as Beauchamp and Childress, were by necessity revisionary. These bioethical theories were whole-cloth alternatives to a conventional and paternalistic medical ethos that was already widely acknowledged as unsatisfactory. Today, however, bioethics is a mature and institutionalized field, with well-established practices and a corpus of accepted tenets (alongside matters of ongoing but generally demarcated controversy). A plausible and fruitful contemporary theory of bioethics must be largely descriptive, in Parfit’s sense, providing an intellectual framework that gives coherence and sense to existing practice, while at the same time clarifying matters of confusion.In contemporary bioethics, a central component of this practice is the application of the four principles of biomedical ethics—non-maleficence, beneficence, justice and autonomy—not merely as originally proposed by Beauchamp and Childress (2019), but in their refined form, following decades of exchange, critique, and revision. DeGrazia and Millum’s theory begins with two core values: well-being and respect for rights holders. [End Page 321] The bulk of the book then applies the method of reflective equilibrium to specify these two values in terms of the canonical four principles, here treated as “mid-level” constructs with readier application to specific cases than the two core values. Experienced bioethicists may have an uncanny sense of setting off from a new trailhead, and yet, eventually finding themselves still walking a familiar path. However, this way of introducing and explicating the four principles will likely be more accessible to a wider audience, including high-level undergraduates and graduate students not already versed in the revisions, refinements, and compromises embedded in Beauchamp and Childress’s discussions.Two other features recommend this book as a resource for trainees and interested non-experts seeking to deepen their understanding of bioethics. First, the clarity of its style and organizational approach provides a welcome orientation for non-specialists. The chapters are structured so that major contending perspectives are outlined before the authors develop arguments for their own positions in that context. Each chapter proceeds by considering applications of the broader theory, showing how it can illuminate potential candidate approaches or policies, as well as demonstrating how to use the tools of ethical analysis to evaluate these proposals in both ideal and non-ideal cases. This didactic approach to the relationship between conceptual argument and practice will be accessible to many who are initially unfamiliar with or intimidated by theory. Second the commendable decision to make the book electronically available and accessible also has the potential to broaden the reach of the work, and in particular, to engage parties in under-resourced settings, which have so often been overlooked in bioethical discourse.As noted above, while the authors’ approach is descriptive in Parfit’s sense, it is not necessarily conservative. In many places, the authors highlight how their theory includes elements or renders conclusions that are not broadly accepted, and following the method of reflective equilibrium, they advocate for these positions both in terms of broad principles and particular judgments about cases. This begins with their dual-value... (shrink)

In the 2000s, Turkey began to increase its efforts to transform from a model country to a central country by implementing an active foreign policy in its geopolitical region and neighboring regions. Starting from the 2000s, Turkey defined new principles guiding its foreign policy and implemented the strategies it followed. In addition to the basic foreign policy principles of Turkey in the regional and global arena, principles such as multi-vector diplomacy, proactive foreign policy, “zero problem” with neighboring countries, transition from (...) a “model country” to a “central country”, “soft power”, economic-centered foreign policy applied. At the beginning of the 21st century, Turkey increased its efforts to act as a voice in the region and emerged as a regional power. Taking a principled position, it began to actively participate in regional and international projects, geopolitical processes and solving global issues. During the rule of the Justice and Development Party (ADP), Turkey is implementing foreign policy principles based on the theory of neo-Ottomanism (New Ottomanism) founded in the 1990s, and is still pursuing the policy of spreading its sphere of influence and geopolitical influence in neighboring regions. (shrink)

The Czech philosopher Jan Patocka (1907-1977), who studied with Husserl and Heidegger, is widely recognized as the most influential thinker to come from postwar Eastern Europe. Refusing to join the Communist party after World War II, he was banned from academia and publication for the rest of his life, except for a brief time following the liberalizations of the Prague spring of 1968. Joining Vaclav Havel and Jiri Hajek as a spokesman for the Chart 77 human-rights declaration of 1977, (...) Patocka was harassed by authorities, arrested, and finally died of a heart attack during prolonged interrogation. Plato and Europe, arguably Patocka’s most important book, consists of a series of lectures delivered in the homes of friends after his last banishment from the academy just three years before his death. Here, he presents his most mature ideas about the history of Western philosophy, arguing that the idea of the care of the soul is fundamental to the philosophical tradition beginning with the Greeks. Explaining how the care of the soul is elaborated as the problem of how human beings may make their world one of truth and justice, Patocka develops this thesis through a treatment of Plato, Democritus, and Aristotle, showing how considerations about the soul are of central importance in their writings. He demonstrates in vivid fashion how this idea forms the spiritual heritage of Europe. (shrink)

The subject of this paper is distributive justice in relation to financing greenhouse gas abatement. After separating the various questions of distributive justice in climate change and isolating the financing issue ; the paper explores whether any effective moral norms resolving this question already exist. It is argued that such norms still have to be constructed. As a basis for the further discussion; a criterion for moral duties is proposed; progressive norm welfarism; which takes up the constructivist idea. (...) Ethical ; intuitive; moral and political considerations finally converge into a proposal for ‘no harm to developing countries’. (shrink)

I aim to identify and describe some basic elements of a Rawlsian approach that may help us to think conscientiously about how, from the standpoint of justice, we should treat the disabled. Rawls has been criticized for largely ignoring issues of this sort. These criticisms lose their appeal, I suggest, when we distinguish between a Rawlsian standpoint and the limited project Rawls mainly undertakes in A Theory of Justice. There his explicit aim is to find principles of (...) class='Hi'>justice, which are to govern the basic structures of a closed, well-ordered society that exists under reasonably favorable conditions, that would be chosen by parties in the original position from among a small set of traditional conceptions of justice. Once we develop a conception of justice for a society like that, Rawlsians hope we can make certain revisions to find principles of justice for a society like ours. Finally, I sketch what seems to me a plausible way for a Rawlsian to begin thinking about how a society like ours should provide justice for its disabled citizens. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the (...) negative liberty of persons, Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)