Within the literature in green political theory on global environmental threats one can often find dissatisfaction with liberal theories of justice. This is true even though liberal cosmopolitans regularly point to global environmental problems as one reason for expanding the scope of justice beyond the territorial limits of the state. One of the causes for scepticism towards liberal approaches is that many of the most notable anti-cosmopolitan theories are also advanced by liberals. In this paper, I first (...) explain why one of the strongest expressions of liberal anti-cosmopolitanism cannot simply be dismissed because it may fail to support desired environmental ends. The political conception of justice represents one of the most important challenges to cosmopolitanism generally and is thus a serious challenge to viewing global environmental problems in terms of cosmopolitan justice. Second, I will show through the case of anthropogenic global warming that the political conception of justice under current conditions does have clear cosmopolitan implications despite its proponents' claims. (shrink)

A Comparative Study of Social and Political Implications of Concepts of Justice and Dharma The similarity between social and political ideas of Plato and ...

This article attempts to challenge those contemporary philosophical approaches to justice (and this is the majority of them) which ascribe to the notion of justice a dominant role within ethics and political philosophy. In the first section, this overestimation of justice is traced back to J.S. Mill (and to John Rawls). After having pointed out some of the essential features of the Millian (and Rawlsian) concept, I show how far these attributes are away from what we (...) (in our everyday language) mean by the word ‚justice’. Finally, I try to spell out what might be more plausibly seen as the focus of our shared moral intuition, and to highlight to which extent there is an overlap with our common idea of justice. (shrink)

This article attempts to challenge those contemporary philosophical approaches to justice (and this is the majority of them) which ascribe to the notion of justice a dominant role within ethics and political philosophy. In the first section, this overestimation of justice is traced back to J.S. Mill (and to John Rawls). After having pointed out some of the essential features of the Millian (and Rawlsian) concept, I show how far these attributes are away from what we (...) (in our everyday language) mean by the word ‚justice’. Finally, I try to spell out what might be more plausibly seen as the focus of our shared moral intuition, and to highlight to which extent there is an overlap with our common idea of justice. (shrink)

This paper considers how the problem of justice is to be globalized in the political theory of John Rawls. I discuss first the conception of “overlapping consensus” as an innovation in Rawls’s Political Liberalism and point out the recurrence of the problem of a philosophical foundation in his pragmatico-political interpretation. I suggest an intensification of Rawls’s notion of the “priority of the right to the good” as a philosophical correction to his political self-interpretation, and (...) then finally carry through on a theory of globalization of the problem of justice as extended from his “The Law of Peoples.”. (shrink)

Marxism as a normative position is critical of liberalism. However, the problems of justice and alienation that Marxism draws attention to can be solved by liberalism without the implementation of a Marxist political project. The purpose of the article is to substantiate the thesis that Martha Nussbaum's capabilities approach (one of the versions of political liberalism) is a more inclusive and rational method of theorizing about the basic principles of justice than Marxism. By analyzing Elizabeth Anderson's (...) theory of liberal egalitarianism "democratic equality", I show that some of Marxist approaches that (1) do not deny the existence of justice and (2) are concerned with the problem of alienation, can apply the arsenal of the moral theory of political liberalism to solve these problems. I also criticize Rawls's and Nussbaum's theories of political liberalism for their procedural vagueness and non-inclusive theory of justice. I present an outline of my position, which I propose to call «extended political liberalism» (hereafter EPL). EPL is currently represented by two arguments: 1) the paideia argument and 2) the argument of the interdependence of the good and the right. The first allows talking about the actual implementation of basic rights and freedoms only when citizens are aware of them and have the opportunity to change their views regarding the personal conception of the good. This is impossible without qualitative basic education. Also, one of the central concepts of EPL is presented within the framework of Paideia's argument - the interpretation of the political conception of justice. Because of this concept, it makes sense to talk about the possibility of citizens' reflection on the reconciliation of the current political conception with the personal conception of the good. This can also be done through the analysis of other conceptions of the good. The second argument is a continuation of the first, appearing as a theoretical mechanism that allows supplementing the existing political conception in case of serious social changes. In conclusion, if we take into account the advantages of the capabilities approach and my criticism of its weaknesses, then a theoretical position will emerge that is quite acceptable to some representatives of Marxism. Moreover, the latter will not have to give up their basic beliefs. The peculiarity of my concept presented in this text is that it is not so much a critique of Marxism as an analysis of the basic normative judgments of political liberalism, with which some Marxists can agree. With this article, I also want to illustrate the strengths of such a concept and point to its prospects for further attempts to interpret the political conception by other normative positions. (shrink)

In this fascinating exploration of justice, eminent philosopher D. D. Raphael presents the culmination of a lifetime's study of its evolution, from ancient times to the late twentieth century. His aim is not just historical but philosophical: to illuminate our true understanding of justice. His unique approach examines not only classic texts by such philosophers as Plato, Aristotle, Hume, Mill, and Rawls but also the Bible and Greek tragedy, as well as some neglected but important thought from the (...) modern era. Lucid and stimulating, this work can be enjoyed by anyone interested in moral and political thought, even by those with little to no knowledge of political theory or philosophy. (shrink)

In his last works, John Rawls explicitly argued for an overlapping consensus on a family of reasonable liberal political conceptions of justice, rather than just one. This ‘Deep Version’ of political liberalism opens up new questions about the relationship between citizens’ political conceptions, from which they must draw and offer public reasons in their political advocacy, and their comprehensive doctrines. These questions centre on whether a reasonable citizen’s choice of political conception can be (...) influenced by her comprehensive doctrine. In this paper I present two models of the relationship, which give contrasting answers to these questions, and defend the model that is more permissive with regard to the influence of comprehensive doctrines. This has important implications for our understanding of Rawlsian political liberalism, and reduces the force of objections that have been offered by theorists sympathetic to religion. (shrink)

In Political Liberalism, Rawls emphasizes the practical character and aims of his conception of justice. Justice as fairness is to provide the basis of a reasoned, informed and willing political agreement by locating grounds for consensus in the fundamental ideas and values of the political culture. Critics urge, however, that such a politically liberal conception of justice will be designed merely to ensure the stability of political institutions by appealing to the (...) currently-held opinions of actual citizens. In order to evaluate this concern, I suggest, it is necessary to focus on the normative character of Rawls's analysis. Rawls argues that justice as fairness is the conception of justice that citizens of modern democratic cultures should choose in reflective equilibrium, after reflecting fully upon their considered judgments regarding justice. Since judgments in reflective equilibrium are grounded in considered judgment, rather than situated opinions, I argue that the criticism fails. Key Words: justification • objectivity • political liberalism • Rawls • reflective equilibrium. (shrink)

Through an extensive examination of the conceptions of social justice that may be ascribed validly to Karl Marx's political thougtht, Elliot R. Pruzan analyzes the apparent conflict between Marx as value-neutral social scientist and as revolutionary. He suggests a resolution to this conflict through a carefully constructed presentation of Marx's theory of human nature and the ethical presuppositions of that theory. In so doing, Pruzan identifies those elements of Marx's political thought that warrant our continued serious consideration (...) of it as a genuine theory of politics, especially when compared with other more traditionally conceived forms of political thought. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the (...) bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

This chapter explores the relationship between republican democracy and justice by comparing Philip Pettit's notion of neo-republicanism with that of Immanuel Kant. It begins by describing a republican, political conception of justice as nondomination and explaining why the discourse of republicanism and that of theories of justice often remain at odds with one another. It then considers the basis of a republican conception of justice as nondomination and locates it within the principle of (...) justification, along with Pettit's idea of autonomy and respect. It also examines the notions of ‘arbitrariness’ and ‘domination’ as well as Pettit's ‘negative republicanism’ and its emphasis on legally and politically secure freedom of choice. The chapter argues that a Kantian interpretation of modern republicanism is more convincing than Pettit's ‘negative republicanism’. (shrink)

The debate over the applicability of the concept of (distributive) justice to the international sphere appears to focus on practicalities in the agent of redistribution. The agency objection says there is no appropriate agent of (the equivalent of societal distributive) justice and its aims for the international sphere. A common response is that the agency question is merely a matter of practicality, the concepts of justice and injustice can apply to circumstances in which distributive justice may (...) not currently be practically achievable. The paper argues that this response is based on a particular and contentious (in the debate) understanding of distributive justice as focused on outcomes rather than treatment by specific types of agents. A number of problems with that concept of justice are adduced and the alternative concept set out. Rejecting the agency objection based on an assumed concept of justice to which those making it would not obviously subscribed begs the question against them. (shrink)

This paper presents an exercise in the formalization of political principles, by taking as its theme the concept of distributive justice that Karl Marx advanced in his Critique of the Gotha Programme. We first summarize the content of the Critique of the Gotha Programme. Next, we transcribe the core of Marx’s presentation of the concept of distributive justice. Following, we present our formalization of Marx’s conception. Then, we make use of that formal analysis to confront Marx’s (...) principle of distributive justice with John Rawls’ conception of justice as fairness, and the principles of distributive justice that derive from it. Finally, we discuss methodological issues relative to, and implications of, the way of formalizing political principles introduced here. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil (...) society is the means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

In this book, Eric Havelock presents a challenging account of the development of the idea of justice in early Greece, and particularly of the way justice changed as Greek oral tradition gradually gave way to the written word in a literate society. He begins by examining the educational functions of poets in preliterate Greece, showing how they conserved and transmitted the traditions of society, a thesis adumbrated in his earlier book Preface to Plato. Homer, he demonstrates, has much (...) to say about justice, but since that idea is nowhere in the epics directly stated or expressed, it must be deduced from the speech and actions of the characters. Havelock's careful reading of the Iliad and the Odyssey is original and revealing; it sheds light both on Homeric notions of justice and on the Archaic Greek society depicted in the poems. As Havelock continues his inquiry from Hesiod to Aeschylus, his findings become more complex. The oral Greek world shades into a literate one. Words lose some kinds of meanings, gain others, and steadily become more suited to the conceptualization that Plato strove for and achieved. This evolution of language itself, Havelock shows, was one of the principal accomplishments of the Greek world. Lucidly written and forcefully argued, this book is a major contribution to our knowledge of ancient Greece--its politics, philosophy, and literature, from Homer to Plato. (shrink)

Professor Nathan’s goals in this short work are to describe the various senses of "just," to classify the ways in which the moral assessments of actions depend on conception of justice, to explain the logical and psychological factors which affect the popularity of various views of justice, and to explore the political implications of egalitarianism. He contends that there can be as many senses of "just" as there are standards which can be intelligibly used for deciding (...) what makes one state of affairs more valuable than another. For example, in deciding which punishment is appropriate for a crime, an indefinite number of criteria can be used, and, so, a punishment may be just in some senses and unjust in others. The moralist’s task is to establish the sense of justice that is proper to use in a given circumstance. Although Nathan does not defend any view of justice, he does criticize several historically important views. He contends that retributive or desert-dependent views of justice lead to inconsistent results or attach importance to emotionally irrelevant considerations. The final chapter distinguishes various egalitarian views and traces some of the implications of these views for a moral assessment of capitalism. An appendix, which was written prior to the publication of John Rawls’ recent influential book, provides a short analysis of Rawls’ theory of justice. Although Professor Nathan makes a number of valuable distinctions, his book is far too concise and would have benefited from the use of more examples and the elimination of some of his specially devised jargon.—M.G. (shrink)

This article argues that Arendt’s rich account of the political necessarily involves an implicit, but never fully worked out, phenomenological articulation of justice in her work. Arendt’s unique articulation of the role of judgment in political action provides us with the outline of an Arendtian principle of justice that relieves the tension between idealist and realist theories of justice. Building on this role of judgment, I aim to emphasize the phenomenological premise of identifying the conditions (...) for the possibility of the political in empirico-historical events rooted in her ideas of plurality and freedom. By showing that, for Arendt, justice is a phenomenon like power and equality, we can make progress on an implicit account of justice in her work. Taking seriously Arendt’s articulation of freedom-manifesting and principled political action, I will show that a principle of justice guides political action based on political judgment that is affectively oriented to the world. (shrink)

_Contexts of Justice,_ highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a (...) synthesis of traditions and theories that leads to a truly original approach. Forst makes a four-part distinction to decipher the debate between communitarianism and liberalism. These four parts concern the constitution of the self, the neutrality of law, the ethos of democracy, and the opposition between universalism and contextualism. He shows that a comprehensive theory of justice needs to take these different contexts adequately into account. He discusses recent debates about discursive democracy and feminist critiques of liberalism, and addresses such topics as multiculturalism and civil society. (shrink)

This paper asks whether or not normative political philosophy can face the challenge of the critique of the political. This question is addressed to theories of justice in general, but this paper considers Habermas' position in particular. It advances the thesis that the main theoretical and political problem of theories of justice is that they have not really taken the abolitionist dimension of the concept of justice into account. As a consequence, they run the (...) risk of reproducing in themselves the political abstraction that they should criticise. (shrink)

ABSTRACTHan Fei’s political theory is widely characterized as eschewing any connection with morality; so, can he have any conception of justice? In this paper, I accept the interpretation of Han Fei jettisoning any moral commitment, but I argue that he gives heed to an understanding of justice. This conception of justice arises naturally from the ordinary human sentiment of resentment for wrongs done and becomes a moral staple in the consciousness of ordinary people. Such (...) a conception of justice has these features: all and only the guilty receive punishment, and the punishments are in some sense proportionate to the crime. Since disregarding this popular conception of justice results in resentment and political instability, Han Fei, without any moral commitment to it, accepts the popular conception of justice on prudential and consequentialist grounds. (shrink)

In this chapter, I propose that conceptions of justice in bioethics must be feminist, meaning they must be able to capture how the domains of health, healthcare and medicine exacerbate the subordination of those perceived to be women and girls and how injustice impacts their health. After providing context in the first section, I identify three problems with conceptions of justice in the bioethics literature that interfere with their potential to be feminist. They tend to adopt the ahistoricism (...) and distributivism characteristic of theories of justice that have been dominant in political philosophy, and they often rely on gendered conceptions of health that result in troubling comparisons of men and women’s health. My argument is primarily “negative”: it is a critique of generalist conceptions of justice in bioethics. However, in the final section I present characteristics of what a feminist conception of justice needs to look like and indicate how feminist bioethicists are using such a conception in assessing issues of injustice in bioethics. I emphasize the centrality of actual structural injustices, relational egalitarianism, and the assessment of values in conceptions of health and the health sciences. (shrink)

The history of Iraq in the twentieth century, and perhaps the Middle East more broadly, is punctuated by an intellectual shift that has, for the most part, escaped the attention of scholars. It might be characterized as a shift from a problem of representation introduced by the rise of left-wing politics, to a problem of experience created by its failure. This shift registers in the work of writers and artists, where the depiction of the social world gave way to an (...) exploration of states of being. The paradigm for that turn inward in modern art was set by the artist Kadhim Haidar, in a series of paintings exhibited at the National Museum of Modern Art in Baghdad, in 1965, under the title The Epic of the Martyr [Malḥamat al-shahīd]. The paintings reconstructed imagery from the mourning processions that annually commemorate the martyrdom of the Prophet Muhammad’s grandson, al-Husayn. This paper argues that the ritual imagery contains a grammar of experience, forged in the early history of Islam, that linked justice to a state of being, and that the transposition of the imagery into painting activated that grammar in the artwork. (shrink)

_Contexts of Justice,_ highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a (...) synthesis of traditions and theories that leads to a truly original approach. Forst makes a four-part distinction to decipher the debate between communitarianism and liberalism. These four parts concern the constitution of the self, the neutrality of law, the ethos of democracy, and the opposition between universalism and contextualism. He shows that a comprehensive theory of justice needs to take these different contexts adequately into account. He discusses recent debates about discursive democracy and feminist critiques of liberalism, and addresses such topics as multiculturalism and civil society. (shrink)

This paper argues that Rawls’ principles of justice provide a normative foundation for stakeholder theory. The principles articulate (at an abstract level) citizens’ rights; these rights create interests across all aspects of society, including in the space of economic activity; and therefore, stakeholders – as citizens – have legitimate interests in the space of economic activity. This approach to stakeholder theory suggests a political interpretation of Boatright’s Moral Market approach, one that emphasizes the rights/place of citizens. And this (...) approach to stakeholder theory – in terms of citizens – raises a further question, what rights and obligations do economic agents have, beyond those attached to their roles as citizens? Rawls would reject additional rights and obligations of this sort for two reasons, one tied to freedom and one tied to pluralism. Rawls’ work therefore presses us to re-conceptualize the place of ethical claims in the economic context. (shrink)

The Author offers three interpretations of the Rawlsian conception of liberty. At the same time he compares this formal version of civil and political liberty with the substantive version produced by the republican theory of liberty. The first question is this: Can liberties be unequal? Here the liberal concept of liberty is discussed linking human will of liberty and equality. The second question is: Can liberties be equal when their respective values are not? The Author stresses the Rawlsian (...) distinction between liberty and the value of liberty showing the risk of reducing the less powerful to dependency. The third question is: Can political liberty be limited for the sake of personal liberties? From a republican perspective the answer to the Rawlsian instrumental conception of political liberty is that all personal liberties are necessarily founded on political liberty.*. (shrink)

New life sciences innovation offers the possibility of new conceptions of human nature with significant impact on liberal theories of justice. So far, nature as such has been thought to be something given and beyond human control. Thus, to define something as natural has meant the same thing as to relegate it to the realm of fortune or misfortune, rather than justice or injustice. However, the successful decoding of the human genome and subsequent advances in genomics-based technologies begins (...) to change this conception to a new one: nature can be something dynamic and within human control. Therefore, genomics-based technologies can make possible the just distribution of natural goods (rationality, intelligence, etc). Can liberal political theories successfully deal with this new possibility of justice? This paper addresses the question by briefly assessing Rawls' egalitarianism, Nozick's libertarianism and Sen's capability theory of justice. It is argued that these theories fail to address the new possibility of justice made feasible by life sciences innovation. On the one hand, libertarianism is insensitive to natural inequalities. On the other hand, egalitarianism and the capability theory of justice are limited to compensating for natural inequalities and avoid ensuring just distribution of natural goods. Contemporary liberal theories are not dynamic enough to deal with distributive justice in the 21st century. (shrink)

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: (...) Legal Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

In the early and often ignored 1934 essay ‘Reflections on the Philosophy of Hitlerism’, Levinas identifies a historically dominant form of politics rooted in the ontological reduction of the other to the same that provides intellectual justification for physical violence against the other. The ethical relation aims to overcome this political violence by thinking from the alterity of the other. The turn away from the political to the ethical does, however, lead to a problem – the third – (...) that cannot be resolved by the ethical relation and so necessitates a return to the political. The political returned to is not the same as that left, but privileges the ethical relation and involves decisions about how to realize a prior norm: justice. This has given rise to debate in the literature regarding the relationship between the ethical and political that pits an oppositional account against an entwined one. I defend the latter, but argue that it depends upon two issues that are problematic for Levinas’s attempted overcoming of ontological forms of violence. Specifically, his claim that this form of politics entails a ‘good’ form of violence, and insistence that the political decision required to realize the ethically inspired conception of politics is compatible with his theory of substitution. I argue that the former undermines his claim that an ethically inspired politics is fundamentally different to an ontologically inspired one, while the political decision upon which his ethically inspired politics depends is incompatible with his notion of substitution. (shrink)

A range of developing countries and international advocacy organizations have argued that wealthy countries, as a result of their greater historical contribution to human-induced climate change, owe a ?climate debt? to poor countries. Critics of this argument have claimed that it is incoherent or morally objectionable. In this essay we clarify the concept of climate debt and assess its value for conceptualizing responsibilities associated with global climate change and for guiding international climate negotiations. We conclude that the idea of a (...) climate debt can be coherently formulated, and that while some understandings of the idea of climate debt could lead to morally objectionable conclusions, other accounts would not. However, we argue that climate debt nevertheless provides an unhelpful frame for advancing global justice through international climate negotiations ? the only existing means of resolving political conflict over the collective action problems posed by human-induced climate change ? due to its retrospective and potentially adversarial emphasis, and to problems of measurement. (shrink)

Recent scholarship has gone a long way toward placing Locke in his intellectual and historical context, and thus in coming to see the respect in which his work has a previously unacknowledged conceptual unity. There remains, however, some difficulty in reconciling the style, purpose and content of his two major works. The Essay Concerning Human Understanding is usually read as primarily concerned with issues in epistemology and philosophy of science, while the Two Treatises of Government is regarded as less systematically (...) rigorous, or at worst ad hoc political analysis. These two sides of Locke thus remain virtually unrelated fields of specialization among interpreters. ;My dissertation is a contribution to the project of understanding Locke's work as a connected whole; without attributing to him an attitude of scientific reductionism, I argue that the account which Locke gives of personal property in the Second Treatise bears an important relation to his account of qualities and personal identity in the Essay. Specifically, I try to make plausible the claim that there is in Locke a direct analogy between the property of a human person, on one hand, and the properties of a natural substance on the other. I suggest that Locke's methodological atomism in science and epistemology parallels his qualifiedly individualistic political theory, and thus that his claims about private property can be understood in terms of a broader philosophical context than is usually supposed. ;As part of a larger project concerning the genealogy of the concept of property and the relation between metaphysics and morality, I expect this work to have useful implications regarding much of contemporary moral and political theory. Given the historical influence of Locke's political work, a careful analysis of it in terms of its epistemological and scientific grounding should contribute to a rethinking of much twentieth century work on property and justice. (shrink)

Abstract:- Literature forms the bedrock of a society and helps in the socio-cultural development of a nation. It would also help in the creation of a society with the values of love and peace, empowering the age-old traditional practices of war and deprivation. Saudi Arabia is a country that has rich cultural history and has since ages gained a prestigious place in the globe, as the birthplace of both, the Islam and the Prophet of Islam, Muhammad- peace and blessings of (...) Allah be upon Him. Donning the pluralism in the diversity of literature, Arabian Novel holds a significant importance in raising the socio-cultural aspects of Arabian life. The peninsula would be sincerely accorded with the coining of the word ‘Peace,’ as the main source that the region has drawn its inspiration from, is ‘Al-Quran,’ the religious book of Islam, which makes it a moral obligation of a person to do justice and live in accordance with peace with all, friends as well as foes. The Gandhian notion of non-violence and the one coined by the Saudi novelists lies on the same values, and has no overall religious interference in them, in particular. Keywords: Novel, non-violence, Peninsula, casteism, war. (shrink)

The concept of distributive justice and its history are far more complex than most contemporary scholars are aware of. This introduction to the volume "New Perspectives on Distributive Justice" elucides the different meanings of the concept in the tradition of Plato and Aristotle on the one hand, and in contemporary political philosophy on the other.

Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' (...) conception of normative stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply. (shrink)

La filosofía jurídico-política kantiana es —desde hace varios años— protagonista de primer nivel en los debates sobre la justicia, la propiedad y la pobreza. El renacimiento vino de la mano del trabajo de varios filósofos y juristas que, afortunadamente, se apartan de los incómodos y desacertados apodos que recibió Kant en la segunda mitad del siglo pasado: “Kant el político moralista”, “Kant liberal”, “Kant, el defensor de la propiedad privada exclusiva y excluyente”. Ha vuelto ahora con renovado y creciente interés, (...) el “Kant republicano”, luego de casi dos siglos de olvidos. No pretendo realizar una reseña de la abundante bibliografía de uno y otro período interpretativo —el del Kant liberal y el del Kant republicano—; el objetivo principal de este trabajo es recuperar algunas piezas del Kant republicano de la mano de la tradición republicana histórica que se inicia con Aristóteles y reaparece, con fuerza renovada, en algunos representantes modernos del derecho natural, siendo Kant uno de ellos. Comenzaré con una reseña acerca de lo que juzgo como la interpretación contemporánea más influyente sobre la justicia en Kant, la de John Rawls; para luego apuntar algunas tesis sobre el valor de la concepción kantiana de la justicia pública, entendida como el imprescindible correlato institucional del derecho a la libertad innata, el único derecho natural inalienable. (shrink)

Many scholars have suggested that Aristotle’s famous aphorism ‘treat equals equally, unequals unequally’ is a formal, and thus impractical, theory of equality. This dissertation aims to criticise the popular view that Aristotle’s theory of equality is purely formal and to develop and defend an interpretation which will pay attention to the substantive elements. The first chapter argues that Aristotle provides us with a spectrum from formal to substantive equality. At the formal end, we have the abstract principles of formal fairness (...) and proportionality, while at the substantive end we can find information for the designation of the appropriate variable of comparison between people or treatments in various domains of social interaction. The second chapter argues for an account of commensurability based on Ph. VII.4. I claim that, in any comparison, the term ‘equal’ should be predicated synonymously of the people or treatment compared, while at the same time they should not admit to difference in species; such an account, I suggest, is also compatible with Aristotle’s theory of economic value in EN V.5. The third chapter presents the Aristotelian account of equality in distributions. I focus on Aristotle’s theory of political distribution in Pol. III, where he puts forward two distinct criteria: political capacity and contribution to the polis. I also examine Aristotle’s moderate suggestion for equalisation of property by the means of public property and taxation. The fourth chapter criticises the popular line that Aristotle holds an inconsistent theory of corrective justice, because in EN V.4 he suggests that people should be treated as equal before the law, while in the first lines of EN V.5 he allows for hierarchical considerations. I eliminate this apparent inconsistency by claiming that the former deals with the compensatory, while the latter with the punitive element of corrective justice. The fifth chapter explores the role of equality within the private domain, mainly in the household and in various types of friendship. I propose that Aristotle offers two types of superiority, one based on actuality and a second based on function, which are not mutually exclusive. To summarise, by examining Aristotle’s responses to various problems about equality and hierarchy I conclude that although he possesses the theoretical tools to argue for ‘inalienable’ metaphysical equality of human beings which will make equality an individual entitlement or right, based on his principle of individuation in Metaph. Z.8, he prefers not to utilise this thesis for political purposes. Instead, he reduces equality to justice (inequality is unjust, since it violates principle of formal fairness which is fundamental for justice) and a set of pragmatical considerations (e.g. concord and the optimal outcome for the polis). He prefers to argue that equality or hierarchy of people or treatments is related to, and defined by, the particular institution that we examine. (shrink)

Distributive justice is generally important to persons in society. This was widely recognized by early Confucian thinkers, particularly Confucius, Mencius, and Xunzi, in ancient China. Confucius, Mencius, and Xunzi had developed, in varying degrees and with different emphases, their respective conceptions of distributive justice to address the relevant social problems in their times. These conceptions not only are intrinsically valuable political thoughts, but may prove useful in dealing with current or future social issues. Thus in this essay, (...) first I provide a detailed interpretation of each of those thinkers’ conceptions of distributive justice, then I combine some essential elements of those conceptions to form a general and coherent conception, which is called a complex Confucian conception of distributive justice, and finally I evaluate this conception by considering some of its implications and limitations, in theory and in practice. This aims mainly at exploring the meaning and practical bearing of basic Confucian conceptions of distributive justice. (shrink)

The term “political prisoner” plays an important role in contemporary affairs. But how coherent is the concept behind the term, and is use of this term essentially unobjectionable? As it turns out,...

This paper proposes an interpretation of the conception of morality that remains relatively vague in John Rawls’ political liberalism. It begins with Rawls’ remark that the political conception of justice is also a moral conception, which is puzzling when taking into consideration Rawls’ explicit avoidance of comprehensive moral doctrines in constructing the political conception of justice. In response, this paper proposes the public conception of morality that is structurally justificatory rather (...) than substantively foundationalist. This conception is then further developed by addressing two critical questions concerning the necessity of avoiding comprehensive moral foundations and the source of objective prescriptivity in a justificatory view of morality. The former is situated in an analysis and reinterpretation of Alasdair MacIntyre’s reading of Søren Kierkegaard’s Either/Or, and the latter is demonstrated through a comparative study of two leading justificatory theories of morality by Rainer Forst and Thomas Scanlon. Finally, the public conception of morality is fully developed to show that it both defines and defends the political conception of justice. (shrink)

Much liberal-democratic thought has concerned itself primarily – even exclusively – with coercive interference in citizens’ lives. But political actors do things – they engage in influential speech, they offer incentives, they mislead other actors, they disrupt the expected functioning of decision-making mechanisms etc. – that fall short of coercion, yet may nonetheless call for normative evaluation and public justification, precisely because they serve to purposively alter citizens’ beliefs, intentions and behaviour. With this article, I explicate a conception (...) of political manipulation to capture this sort of interference, and to distinguish individual manipulation from the manipulation of nonindividual agents like committees, institutions and states. The account, beyond being necessary for further work on the ethics of political manipulation, should prove useful to both normative thinkers interested in power, justice and the ethics of democratic decision-making, and empirical scholars in search of a conceptual apparatus to sharpen their investigations into the exercise of subtle forms of political power. (shrink)

I start this paper by addressing Kant’s question why rightful interactions require both domestic public authorities (or states) and a global public authority? Of central importance are two issues: first, the identification of problems insoluble without public authorities, and second, why a domestic public monopoly on coercion can be rightfully established and maintained by coercive means while a global public monopoly on coercion cannot be established once and for all. In the second part of the paper, I address the nature (...) of the institutional structure of individual states and of the global authority. Crucial here, I argue, is Kant’s distinction between private and public right. Private right concerns rightful relations between individual legal subjects, where public right concerns their claims on their public institutions. I propose that the distinction between private and public right should be central to liberal critiques of current legal and political developments in the global sphere. (shrink)

Political liberalism’s central commitments to recognizing reasonable pluralism and institutionalizing a substantive conception of justice are inconsistent. If reasonable pluralism applies to conceptions of justice as it applies to conceptions of the good, then some reasonable people will reject even many liberal conceptions of justice as unreasonable. If so, then imposing these conceptions of justice on citizens violates the liberal principle of legitimacy and related public justification requirements. This problem of justice pluralism requires (...) that political liberals abandon their commitment to institutionalizing a substantive conception of justice. Instead, political justification should be limited to the public justification of a modest scheme of rights and a set of constitutional rules. Justice pluralism chastens the ambitions of political liberalism while pushing the political liberal research program in new and promising directions. (shrink)

A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in (...) this penetrating critique of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows. (shrink)

This paper is devoted to clarifying Hannah Arendt’s concept of political freedom by the means of analysing its structure. My analysis proceeds in three steps. Firstly, I distinguish a pre-political concept of freedom as exercising spontaneity, which is at the root of Arendt’s understanding of political freedom. Secondly, I analyse her account of freedom as exercising action and indicate its relationship to the elementary freedom of spontaneity. Arendt endowed action with a distinguished importance, since she assumed that (...) it is the only activity within the vita activa, which has a special anthropological and axiological significance. According to Arendt, only action allows one to truly experience the fundamental aspect of the human condition, which is the fact of human plurality; it is also the only activity which allows one to exercise specifically public principles, such as solidarity, equality, or justice. Thirdly, I indicate how these two accounts of freedom translate into Arendt’s concept of political freedom. This analysis reveals that the Arendtian concept of political freedom is markedly original. She did not define it in a usual manner, i.e. through indicating bundles of legal and political rights which determine the accepted scope of participation in the public affairs. The inherent part of her concept of political freedom is a specific account of how it must be exercised. Political freedom understood as the participation in governance exercised through action is not merely an activity of instrumental, but also anthropological and axiological importance, which is due to the special anthropological and axiological meaning of action. In the final section, I discuss the practical dimension of Arendt’s theory. She doubted whether the traditional representative democracy is capable of accommodating her ‘rich’ ideal of political freedom, therefore she proposed an alternative account of political system based on councils. I formulate objections against this proposition and demonstrate that councils would presumably fail to accommodate Arendt’s exacting account of political freedom. (shrink)