Democracy and justice are often mutually antagonistic ideas, but in this innovative book Ian Shapiro shows how and why they should be pursued together. Justice must be sought democratically if it is to garner legitimacy in the modern world, he claims, and democracy must be justice-promoting if it is to sustain allegiance over time. _Democratic Justice_ meets these criteria, offering an attractive vision of a practical path to a better future. Wherever power is exercised in human affairs, (...) Shapiro argues, the lack of democracy will be experienced as injustice. The challenge is to democratize social relations so as to diminish injustice, but to do this in ways that are compatible with people’s values and goals. Shapiro shows how this can be done in different phases of the human life cycle, from childhood through the adult worlds of work and domestic life, retirement, old age, and approaching death. He spells out the implications for pressing debates about authority over children, the law of marriage and divorce, population control, governing the firm, basic income guarantees, health insurance, retirement policies, and decisions made by and for the infirm elderly. This refreshing encounter between political philosophy and practical politics will interest all those who aspire to bequeath a more just world to our children than the one we have inherited. (shrink)

In his Democratic justice and the social contract, Weale presents a distinctive contingent practice-dependent model of ‘democratic justice’ that relies heavily on a condition of just social and political relations among equals. Several issues arise from this account. Under which conditions might such just social and political relations be realised? What ideal of equality is required for ‘democratic justice’? What are its implications for the political ideal of citizenship? This paper focuses on these questions (...) as a way to critically reconsider Weale’s model. After presenting Weale’s procedural constructivism, I distinguish his model from an institutional practicedependent model, one salient example of which is Rawls’s political constructivism. This distinction allows for a formulation of the social and political equality required for justice in each case. The contingent model assumes that an equality of ‘status’ will generate just social practices, yet it fails to recognise that an equality of ‘role’ is also important to ensure citizens’ compliance. The paper ultimately seeks to show that the contingent model is insufficient to ensure that just social practices will become stable. (shrink)

This paper begins by rehearsing some commonly heard conservative and radical objections to the idea of citizenship education. I then explore another potentially radical objection, implicit in the tenets of ‘character education’ and ‘socio-emotional learning’ but rarely stated explicitly. According to this objection, citizenship education, with its overarching ideal of democratic justice, politicises values education beyond good reason by assuming that political literacy and specific (democratic) social skills, rather than transcultural moral and emotional ‘basics’, are the primary (...) values to be transmitted. I show how this objection is based on three major disagreements about (a) the good and the right, (b) pluralism and (c) the connection between morality and politics. (shrink)

This paper begins by rehearsing some commonly heard conservative and radical objections to the idea of citizenship education. I then explore another potentially radical objection, implicit in the tenets of ‘character education’ and ‘socio-emotional learning’ but rarely stated explicitly. According to this objection, citizenship education, with its overarching ideal of democratic justice, politicises values education beyond good reason by assuming that political literacy and specific (democratic) social skills, rather than transcultural moral and emotional ‘basics’, are the primary (...) values to be transmitted. I show how this objection is based on three major disagreements about (a) the good and the right, (b) pluralism and (c) the connection between morality and politics. (shrink)

1. Justice, social contracts, and democracy -- 2. The democratic social contract -- 3. Economic justice and the democratic contract -- 4. The theory of democratic social contracts -- 5.The great transformation -- 6. Political democracy in the great society -- 7. Just returns in the great society -- 8. The sense of democratic justice.

This essay defends a pragmatic approach to transitional justice by arguing that it provides a convincing view of the relationships between theory and practice and is true to the nature of democratic justice itself.

According to Maria Markus, the development of a particularly open and interested moral-psychological disposition towards the other is critical to the endeavour of subjects to realize the decent society. Drawing on the work of George Herbert Mead, it will be argued that such a sense of decency involves not just a normative commitment to reciprocity but a reflexive appreciation of the significance of the other to the formation of the self. Meads sketches of intersubjective freedoms are shown to provide a (...) critical perspective on unjust social relations from the standpoint of the utopian horizon of a decent society. Meads conception converges, as well as contrasts, with Markuss perspective on civil society and the regulative ideal of the decent society. Significantly, Markuss account of the problem of the potential divergence between the decency of institutions and the decency of human relationships highlights the difficulties of interconnecting democratic justice and intersubjective freedoms. (shrink)

In South Africa there is widespread recognition amongst university educators that the new outcomes‐based education system can prevent instrumental thinking, particularly in view of OBE's agenda to encourage critical learning. However, what these educators do not necessarily take into account is that many students are not always ready to deal with critical learning because of the apparent persistence of instrumental thinking at some universities in South Africa. Simply put, many students seem to be quite willing to be taught about some (...) of the ends of education, rather than the reasons behind these ends. With this idea of desired student learning in mind, in this article, I argue that it has become necessary to fulfil the promise of democratic justice on the African continent through educating for friendship, rather than perpetuating uncritical modes of learning which could further extend the violation of human dignity on the African continent. Reflecting on several moments in my classroom pedagogy and conversations with colleagues at different universities, I firstly argue that critical learning cannot be blind to prescriptiveness, since students have to be made attentive in some way to the public realm of a democratic post‐apartheid South Africa and post‐colonial Africa. In short, they have to be taught what it means to be democratically just. Thereafter, I argue that teaching students about democratic justice can entail critical learning and, hence, be non‐instrumental, provided that university educators become more responsible educators. Finally, I examine how actions can potentially fulfil the democratic justice project, the success of which is so desperately needed on the African content. (shrink)

In this article, I argue that justice and democracy stand in a circular relationship: just outcomes emerge from democratic deliberations, but only if such deliberations meet the standards of justice. I develop my argument by engaging in a critical dialogue with Nancy Fraser. Contending that she fails to deal with the danger that unfair deliberative procedures and inadequate norms of justice may reinforce one another, I show what a satisfactory account of democratic justice would (...) look like. Going beyond Fraser’s theory, I maintain that although justice and democracy do form a circular relationship, it is essential to give the former greater weight than the latter. I finesse my account by showing what this differential weighting would entail in practice. The result is an account of democratic justice that is significantly different from and a marked improvement on that of Fraser. (shrink)

In South Africa there is widespread recognition amongst university educators that the new outcomes‐based education (OBE) system can prevent instrumental thinking, particularly in view of OBE's agenda to encourage critical learning. However, what these educators do not necessarily take into account is that many students are not always ready to deal with critical learning because of the apparent persistence of instrumental thinking at some universities in South Africa. Simply put, many students seem to be quite willing to be taught about (...) some of the ends of education, rather than the reasons behind these ends. With this idea of desired student learning in mind, in this article, I argue that it has become necessary to fulfil the promise of democratic justice on the African continent through educating for friendship, rather than perpetuating uncritical modes of learning which could further extend the violation of human dignity on the African continent. Reflecting on several moments in my classroom pedagogy and conversations with colleagues at different universities, I firstly argue that critical learning cannot be blind to prescriptiveness, since students (in this case postgraduate students about to qualify professionally as school teachers) have to be made attentive in some way to the public realm of a democratic post‐apartheid South Africa and post‐colonial Africa. In short, they have to be taught what it means to be democratically just. Thereafter, I argue that teaching students about democratic justice can entail critical learning and, hence, be non‐instrumental, provided that university educators become more responsible educators. Finally, I examine how actions (non‐indoctrination, impartiality and deliberation achieved through respect and friendship) can potentially fulfil the democratic justice project, the success of which is so desperately needed on the African content. (shrink)

This short article is a response to Douglas Cairns, Mirko Canevaro, and Kleanthis Mantzouranis, who in Polis 39 (2022) explicitly criticize both of my previous interpretations of Aristotle’s view of democratic justice and of the relation of proportional and numerical equality. Against Cairns et al., I argue that there is no tension or contradiction between Aristotle’s statements on these two kinds of equality and on democratic justice. The paper suggests a new reading of Aristotle’s texts that (...) strictly distinguishes between Aristotle’s own views and his references to ‘respected opinions’ (endoxa). It concludes that Aristotle consistently identifies democratic justice with ‘numerical’ or ‘arithmetic’ equality and not with proportional equality, which he usually identifies with equality ‘according to worth or merit’ (kat’ axian). (shrink)

One way of providing a focus for critical theory today is to articulate those substantive and robust norms of egalitarian justice that would appear to be presupposed by the idea of a republican and democratic constitutional order. It is suggested here that democratic justice requires the equalisation of effective communicative freedom among all structurally constituted social groups (SCSGs) and that this will have far-reaching implications that entail the deconstruction of all social hierarchies in both domestic and (...) global orders. This argument is presented in three sections. The first defends the focus on groups rather than individuals in theorising democratic justice. The second intervenes critically in contemporary debates surrounding the theoretical relation between various aspects of justice including the demands of redistribution, recognition and political empowerment. The third turns to the challenges for critical theory presented by a complex and multifaceted process of globalisation and it defends a qualified form of cosmopolitanism and highlights the need for a radical democratisation of the international order. (shrink)

Calls to expand temporary work programmes come from two directions. First, as global justice advocates observe, every year thousands of poor migrants cross borders in search of better opportunities, often in the form of improved employment opportunities. As a result, international organizations now lobby in favour of expanding ‘guest-work’ opportunities, that is, opportunities for citizens of poorer countries to migrate temporarily to wealthier countries to fill labour shortages. Second, temporary work programmes permit domestic governments to respond to two internal, (...) contradictory political pressures: (1) to fill labour shortages and (2) to do so without increasing rates of permanent migration. Temporary work programmes permit governments to appear ‘tough’ on migration, while responding to employer pressure to locate workers willing to work in low-skilled, poorly remunerated positions. The coincidence of national self-interest and global justice generates a strong case in favour of expanding guest-work. We evaluate the moral benefits and burdens of expanding guest-work opportunities, and conclude that although there are benefits to be gleaned from the perspective of global wealth redistribution, at present, temporary work programmes are generally unjust. We will argue that just temporary work programmes, in time, permit temporary workers to attain citizenship. This spells the end of traditional temporary work programmes, which require that workers return to their home country in time; instead, what is temporary is the employment obligation that must be fulfilled as a requirement to access citizenship. As long as this requirement is met, we endorse guest-work programmes as a tool to respond to global inequality. (shrink)

Literature about the significance of cultivating democratic citizenship education in universities abounds. However, very little has been said about the importance of friendship in sustaining democratic communities. In this article I argue for a complementary view of friendship based on mutuality and love—with reference to the seminal ideas of Sherman and Derrida. My view is that teaching and learning ought to be used as pedagogical spaces to nurture forms of friendship which not only encourage mutuality but also love (...) in order to make possible the taking of risks on the part of students and teachers. And, if teachers and students act with mutuality and love they would be more favourably positioned in their society to take risks and to enact democratic justice. (shrink)

Theories of deliberative democracy maintain that outcomes of democratic deliberation are fairer than outcomes of mere aggregation of preferences. Theorists of impartial justice, especially Rawls and Sen, emphasize the role of deliberative processes for making just decisions. Democratic deliberation seems therefore to provide a model of impartial decision-making applicable in the real world. However, various types of cognitive and affective biases limit individual capacity to see things from others’ perspectives. In this paper, two strategies of enhancing impartiality (...) in real world decision-making are discussed. The first involves decision-making processes which detach decision-makers from their particular interests, whereas the second aims to enhance the quality of democratic deliberation and empathetic reasoning. We conclude that new forms of democratic deliberation may be necessary if we hold on to the aspiration of making decisions which are both democratic and impartial. (shrink)

Jürgen Habermas takes the realization of rights through the democratic self-organization of legal communities to be the normative core of emancipatory politics. In this article I explore the implications of this claim in relation to the requirements of justice. I argue that Habermas's discourse theory of democratic legitimacy resupposes a substantive principle of justice that demands the equalization of effective communicative freedom for all structurally constituted social groups in any constitutional state. This involves the elimination of (...) a range of structural injustices rooted in the complex interrelationships between political, economic and cultural orders. In the final section I sketch briefly the implications of this analysis in the context of ongoing globalization processes. It is suggested that the most effective way to establish a just system of global governance is to equalize effective communicative freedom among nation-states. (shrink)

I raise two critical points about Emanuela Ceva’s theory of interactive justice. First, I argue the value of individual dignity is insufficient in itself to establish principles of interactive justice, but that the lacuna can be filled by an account of democratic authority. Second, I argue that realising interactive justice in political conflict management is better understood as a form of quasi-pure proceduralism rather than intrinsic proceduralism. This is because the moral quality of a decision procedure (...) can be an essential part of the explanation for why political decisions can possess moral authority. (shrink)

Hassoun argues that the poor in the world have a right to health and that the Global Health Impact Index provides consumers in well-off countries with the opportunity to ensure that more people have access to essential medicines. Because of this, these consumers would be ethically obliged to purchase Global Health Impact Index-labeled products in the face of existing global inequalities. In presenting her argument, Hassoun rejects the so-called democratic account of ethical consumption in favor of the positive change (...) account. Two versions of the democratic change account are relevant. One underscores the importance of democratic procedures and institutions, while the other stresses our fundamental moral equality. While at least one prominent institutionalist account has problems, revised versions would be less vulnerable to Hassoun’s counterexamples. Furthermore, institutionalist accounts come with the epistemological gains from democratic procedures and deliberations, which may be especially important under uncertainty. Finally, and perhaps more challenging for the Global Health Impact index project, this measure may place the burden unfairly on those who need to buy medicines. This is a pivotal insight from the non-institutionalist version of the democratic account of ethical consumption. (shrink)

The deliberative turn in political philosophy sees theorists attempting to ground democratic legitimacy in free, rational, and public deliberation among citizens. However, feminist theorists have criticized prominent accounts of deliberative democracy, and of the public sphere that is its site, for being too exclusionary. Iris Marion Young, Nancy Fraser, and Seyla Benhabib show that deliberative democrats generally fail to attend to substantive inclusion in their conceptions of deliberative space, even though they endorse formal inclusion. If we take these criticisms (...) seriously, we are tasked with articulating a substantively inclusive account of deliberation. I argue in this article that enriching existing theories of deliberative democracy with Fricker's conception of epistemic in/justice yields two specific benefits. First, it enables us to detect instances of epistemic injustice, and therefore failures of inclusion, within deliberative spaces. Second, it can act as a model for constructing deliberative spaces that are more inclusive and therefore better able to ground democratic legitimacy. (shrink)

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

By exploring the integral relationship between democracy and economic justice, Democratic Distributive Justice seeks to explain how democratic countries with market systems should deal with the problem of high levels of income-inequality. The book acts as a guide for dealing with this issue by providing an interdisciplinary approach that combines political, economic, and legal theory. It also analyzes the nature of economic society and puts forth a new understanding of the agents and considerations bearing upon the (...) ethics of relative pay, such as the nature of individual contributions and the extent of community in capital based market systems. Economic justice is then integrated with democratic theory, yielding what Ross Zucker calls 'democratic distributive justice'. While prevailing theory defines democracy in terms of the electoral mechanism, the author holds that the principles of distribution form part of the very definition of democracy, which makes just distribution a requirement of democratic government. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given (...) the privileged epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural (...) relationships. In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of (...) concern—in particular the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of (...) concern—in particular the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

In the context of current environmental crises, which threaten to seriously harm living conditions for future generations, liberal-capitalist democracies have been accused of inherent short-termism, that is, of favouring the currently living at the expense of mid- to long-term sustainability. I will review some of the reasons for this short-termism as well as proposals as to how best to represent future people in today’s democratic decision-making. I will then present some ideas of my own as to how to reconceive (...) the idea of democracy and the responsibilities of citizenship in the face of increasing obligations to sustain both the environment and democratic institutions for future people. I argue that taking turns between governing and governed is a key dimension of democracy, and that it implies in-principle consent to others governing after my turn, including future generations. Thus, future people must be better represented than they generally are today, in particular when democratic institutions find themselves squeezed between an overburdened environment in which they are embedded, and a fast-paced and short-termist globalizing economy. (shrink)

What is the proper role of politics in higher education? Many policies and reforms in the academy, from affirmative action and a multicultural curriculum to racial and sexual harassment codes and movements to change pedagogical styles, seek justice for oppressed groups in society. They understand justice to require a comprehensive equality of membership: individuals belonging to different groups should have equal access to educational opportunities; their interests and cultures should be taken equally seriously as worthy subjects of study, (...) their persons treated with equal respect and concern in communicative interaction. Conservative critics of these egalitarian movements represent them as dangerous political meddling into the disinterested pursuit of knowledge. They cast the pursuit of equality as a threat to freedom of speech and academic standards. In response, some radical advocates of such programs agree that the quest for equality clashes with free speech, but view this as an argument for sacrificing freedom of speech. (shrink)

Health-care goods are goods with peculiar properties, and where they are scarce, societies face potentially explosive distributional conflicts. Animated public and academic debates on the necessity and possible justice of limit-setting in health care have taken place in the last decades and have recently taken a turn toward procedural rather than substantial criteria for justice. This article argues that the most influential account of procedural justice in health-care rationing, presented by Daniels and Sabin, is indeterminate where concrete (...) properties of rationing institutions are concerned. Such properties inscribe substantial norms into institutions. These norms can derive validity only from democratic majority decisions, which must be seen as an instance of pure procedural justice. We therefore have to move the discussion to a meta-level and ask how concrete properties of institutions are being chosen. I suggest four criteria for sufficiently democratic institutional design choice and conclude that as institutional properties are likely to have effects on the resulting distribution of health care, design choices should be empirically informed and taken both democratically and deliberately. (shrink)

The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can (...) help the reproduction of democracy. However, their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy. (shrink)

In this paper I intend to analyze the possibility of social justice as fair maximal utility starting from two different perspectives about justice – justice as fairness and justice as social choice or mutual advantage. The thesis I defend and reconstruct here is that a co-operative solution can be implemented only in a democratic society where a certain kind of justice principles is applied. This solution, however, is not a solution, if we do not (...) really understand the principles which are being involved in it or if we do not use a proper concept of justice. My proposal here could bring some light both upon this issue and on the logical clarification. In order to realize this, I take into account at least two problems: 1) the problem of compatibility between the announced concept and the existence of social inequalities; 2) Nozick’s objection concerning the compensation of inequalities involved by this kind of justice. I intend to analyze Rawls’ solution of compensatory beneficial in order to test whether it could be considered dangerous for the preservation of equidistance of the rules and, hence, for the justice as impartiality, as Nozick claims in his work Anarchy, State and Utopia, the concept of reasonability which is used here as being complementary to the concept of rationality and useful for this matter. (shrink)

Sexual Justice defends a robust a robust conception of lesbian and gay rights, emphasizing protection against discrimination and recognition of queer relationships and families. Synthesizing materials from law, philosophy, psychoanalysis and literature, Kaplan argues that sexual desire is central to the pursuit of happiness: equal citizenship requires individual freedom to shape oneself through a variety of intimate associations.

Justice has a high status in Islamic societies, and as one of the most important human ideals, has long been the focus of thinkers and researchers. In fact, when the citizens do not understand the presence of justice in the behaviour of the officials of their society, their trust in the current procedures, and consequently the public participation will be affected. Considering the importance of the subject, the present study has been conducted with the aim of investigating the (...) effect of perception of justice on citizens’ trust and participation in the creation of a democratic Islamic society. The statistical population of this research included 3578 Indonesian Muslim citizens in 2022, and the research questionnaires were distributed among them. Data analyses were done using Statistical Package for the Social Sciences (SPSS) and Linear Structural Relations (LISREL) statistical software. The results of statistical analyses indicated that the perception of Islamic justice does not have a significant effect on the participation of Muslims in creating a democratic Islamic society. In addition, the perception of Islamic justice has a positive effect on the trust in officials of the Islamic society. Moreover, trust in the officials of the Islamic society positively affects the citizens’ participation in creating a democratic Islamic society.Contribution: According to the results of this research, it is necessary for the officials of the Islamic society to use all their efforts in creating a justice-oriented Islamic society in order to create trust among the citizens, and to involve Muslims in development decisions and to establish democratic Islamic society. (shrink)

_Sexual Justice_ defends a robust a robust conception of lesbian and gay rights, emphasizing protection against discrimination and recognition of queer relationships and families. Synthesizing materials from law, philosophy, psychoanalysis and literature, Kaplan argues that sexual desire is central to the pursuit of happiness: equal citizenship requires individual freedom to shape oneself through a variety of intimate associations.