E n est e ens a yo l a autor a present a u n model o alte r nat ivo a l imaginari o polític o w es t f alian o qu e reconoc e l a “justici a ano r mal ” com o e l horizont e dentr o de l cua l tiene n que pros e gui r actualment e toda s la s batalla s contr a l a injusticia . S e trat (...) a d e un a propuesta const r uct iv a par a afronta r lo s conflicto s acerc a de l “quién ” d e l a justici a e n la s condiciones actuale s d e justici a ano r mal . P o r u n lado , e l concept o d e des-enma r qu e l e pe r mit e realizar l a impugnació n de l marc o w est f alian o d e l a justici a y , a l contempla r l a posibilida d d e que dete r minada s cuestione s d e justici a d e prime r orde n h a ya n sid o enmarcada s injustamente, abr e u n espaci o par a concepcione s n o h e gemónica s de l “quién” . P o r otr o lado , e l principio d e todos-los-sometido s ofrec e un a ví a par a v alora r l a justici a d e lo s “quiénes ” r iv ale s y pe r mit e sopesa r su s mérito s relat iv os. (shrink)

Climate change and many environmental problems are caused by the accumulated effects of repeated actions by multiple individuals. Instead of relying on collective responsibility, I argue for a non-atomistic individual responsibility towards such environmental problems, encompassing omissions, ways of life, and consequences mediated by other agents. I suggest that the degree of causal responsibility of the agent must be balanced with the degree of capacity-responsibility determined by the availability of doable alternatives. Then, the more an agent has powers as a (...) group member, the more she is responsible to design the social structure and the infrastructures of the group towards sustainability. Finally, one can hold another agent responsible only if the accused is not in a vulnerable position and if she is capable to take reparative and adaptive actions. (shrink)

The current practices of refugee protection refugees largely leave the burdens of the refugee regime to lie where they fall. Those states which are geographically proximate to refugee-producing regions, already amongst the least advantaged, bear the bulk of these burdens. In this paper, I critically assess two proposals which seek to address this maldistribution: a market in asylum services and a principle of comparative advantage. I argue that from the standpoint of justice, these proposals share two objectionable features. First, they (...) enable relations of domination between states, because they ignore the background relations of inequality upon which they depend for their effectiveness. Second, they institute an injustice of ‘misframing,’ in that they preclude consideration of refugees’ legitimate claims to be hosted (or not to be hosted) in a particular state. The failings of these approaches are illuminating and, I argue, provide us with some theoretical desiderata for a positive account of justice in the distribution of responsibilities to refugees. (shrink)

Critical theory must add to its agenda “disrupt[ing] the easy passage from critique [to] its neoliberal double”, Nancy Fraser recently argued. Emancipatory movements have not only been transformed by neoliberalism. They have, “unwittingly”, provided powerful “ingredients” for the transition to neoliberalism. This essay examines Axel Honneth and Nancy Fraser’s assessment of and normative proposal for addressing the paradoxes of neoliberalism. The constraints of neoliberalism, I argue, bring into focus the structural challenge of immanent critique as understood within second and third (...) generation Critical Theory. Normative ambivalence within neoliberalism, I maintain, calls for a shift in the way that critical and justificatory practices are understood within the Frankfurt School. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their host states. They (...) have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their host states. They (...) have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My answer turns (...) on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

Until very recently, civil disobedience, being a deliberate infraction of the law which is politically or morally motivated, was logically interpreted by theorists as a practice rooted in the state, since the source of positive law was primarily the State. But in the context of today’s globalization, the diversification of sources of power, the emergence of international laws or rules, or simply the obsoleteness of viewing the government as a juridical model, lead one to question the relevance of resorting to (...) civil disobedience. Indeed, its strategic minimalism, which consists of non-cooperation, passive resistance or non-violence, in addition to its relative acceptance of the State and the legal framework of its discourse, seem to make civil disobedience unable to face the “global challenge” that any emancipatory movement has to confront if it wants to be efficient. This paper thus proposes a new conception of civil disobedience inspired by Nancy Fraser’s theory of “abnormal justice”, so as to take into account the transversal nature of social contestation. (shrink)

In this paper, I examine Iris Marion Young's conception of power, arguing that it is incomplete in at least two ways. First, Young tends to equate the term power with the narrower notions of ‘oppression’ and ‘domination.’ Thus, Young lacks a satisfactory analysis of individual and collective empowerment. Second, as Young herself admits, it is not obvious that her analysis of power can be useful in the context of thinking about transnational justice. I conclude by considering one way in which (...) Young's analysis of power needs to be extended or perhaps modified in order to do justice to questions of transnational justice. (shrink)

In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example of membership politics, I argue that this is often the case where (...) nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 703-725, June 2022. In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example (...) of membership politics, I argue that this is often the case where nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

Questions of political membership belong to the most controversial issues in political theory today. Most of the contributions to these debates, however, leave aside the procedural question of how and by whom membership boundaries can be legitimately redrawn. In this article, I argue that membership theory should move from dealing with legitimate boundaries to legitimate boundary-making. Highlighting the limits of two normative models – sovereign and cosmopolitan membership politics – and building on a new interpretation of Seyla Benhabib’s concept of (...) ‘democratic iterations’, I develop an alternative approach, which I describe as post-sovereign membership politics. Post-sovereign membership politics envisages differentiated participatory entitlements for members and non-members in boundary-making and aims to realize both members’ and non-members’ autonomy in decisions on controversial issues such as citizenship tests, prisoner disenfranchisement, or the selling of passports. (shrink)

It can be argued that Nancy Fraser's work integrates the concepts of recognition and redistribution by questioning the definition of the concept of recognition in order to bring it closer to the practical scope of redistribution. One of the difficulties raised by the concept of recognition is that it can appear as a kind of social monism by presenting culture as the main factor behind all social criticism, and thus, behind all kinds of claims and conflicts. However, it is possible (...) to acknowledge the theoretical significance of the economy as well. Instead of a monistic framework, we should adopt a dualistic one, founded less on the distinction between economy and culture than on the analysis of their imbrications. Both economy, and status as defined in cultural, ethnic, or sexual approaches to recognition, could work together to minimize the importance of the civil and political rights defended by liberal thinkers. (shrink)

The scale and asymmetry of commercial technology firms’ power over people through data, combined with the increasing involvement of the private sector in public governance, means that increasingly, people do not have the ability to opt out of engaging with technology firms. At the same time, those firms are increasingly intervening on the population level in ways that have implications for social and political life. This creates the potential for power relations of domination, and demands that we decide what constitutes (...) the legitimacy to act on the public. Business ethics and private law are not designed to answer these questions, which are primarily political. If people have lost the right to disengage with commercial technologies, we may need to hold the companies that offer them to the same standards to which we hold the public sector. This paper first defines the problem and demonstrates that it is significant and widespread, and then argues for the development of an overarching normative framework for what constitutes non-domination with regard to digital technologies. Such a framework must involve a nuanced idea of political power and accountability that can respond not only to the legality of corporate behaviour, but to its legitimacy. (shrink)

Le mouvement de réappropriation des espaces physiques et virtuels de parole pour dénoncer les injustices et ceux qui les commettent a pris des formes multiples : de l’occupation de places publiques à la libération de la parole contre les violences systémiques, sexistes et racistes en particulier, via des mouvements comme #MeToo et #OnVeutRespirer. Les féminismes contemporains s’inscrivent ainsi dans un contexte de mobilisation caractérisé par la défiance vis-à-vis d’une démocratie représentative perçue comme confisquée par les élites et par un horizon (...) de « convergence des luttes » ne recomposant pas l’hégémonie d’un critère ou d’une idéologie. Comment, au sein de la société française contemporaine, l’entrecroisement des urgences écologique, sociale et sanitaire questionne-t-il le rapport à l’engagement, en particulier féministe? Cette interrogation est appréhendée à partir d’une enquête qualitative, menée de juillet 2019 à août 2020, auprès de plus de 120 responsables associatifs féministes, anti-racistes, écologistes, antispécistes, pour la justice sociale et/ou de lutte contre la pauvreté, mais aussi d’activistes avec des affiliations plurielles et fluides. Après avoir abordé la manière dont la question du « faire commun » se pose à l’ère de la Covid-19 et des controverses autour de la « cancel culture », nous examinerons comment les féminismes contemporains sont mis à l’épreuve par l’horizon d’une émancipation partagée dans une interdépendance apaisée. (shrink)

More and more cities develop urban food strategies to guide their efforts and practices towards more sustainable food systems. An emerging theme shaping these food policy endeavours, especially prominent in North and South America, concerns the enhancement of social justice within food systems. To operationalise this theme in a European urban food governance context we adopt Nancy Fraser’s three-dimensional theory of justice: economic redistribution, cultural recognition and political representation. In this paper, we discuss the findings of an exploratory document analysis (...) of the social justice-oriented ambitions, motivations, current practices and policy trajectories articulated in sixteen European UFSs. We reflect on the food-related resource allocations, value patterns and decision rules these cities propose to alter and the target groups they propose to support, empower or include. Overall, we find that UFSs make little explicit reference to social justice and justice-oriented food concepts, such as food security, food justice, food democracy and food sovereignty. Nevertheless, the identified resources, services and target groups indicate that the three dimensions of Fraser are at the heart of many of the measures described. We argue that implicit, fragmentary and unspecified adoption of social justice in European UFSs is problematic, as it may hold back public consciousness, debate and collective action regarding food system inequalities and may be easily disregarded in policy budgeting, implementation and evaluation trajectories. As a path forward, we present our plans for the RE-ADJUSTool that would enable UFS stakeholders to reflect on how their UFS can incorporate social justice and who to involve in this pursuit. (shrink)

This paper puts forth a critical perspective on remedy for business-related human rights abuses. It reflects on the purpose of remedy in Business and Human Rights and argues that effective remedy should address the multiple root causes of abuses to prevent reoccurrences rather than focus on surface issues and isolated cases. To develop a theoretical framework to conceptualize preventative remedy that addresses multiple root causes, this research draws on Fraser’s radical democratic conception of justice and participatory parity. According to the (...) principle, justice is achieved through social arrangements that enable all actors to engage with one another as peers. To conceptualize effective remedy as participatory parity, the paper examines three dimensions—cultural, economic, and political—where injustices or root causes of abuses must be addressed to realize participatory parity. The paper analyzes the illustrative case of the Fair Food Program through the lens of Fraser’s framework. Analysis reveals effective enforcement as necessary to realize participatory parity and address the three dimensions of justice in the context of severe power asymmetries. In the theorized framework, remedy aims to address the multiple root causes of business-related human rights abuses toward prevention and empower rightsholders to engage meaningfully in remedial processes. (shrink)

This paper argues for seeing in-depth news coverage of political, social, and economic issues as “public policy pedagogy.” To develop my argument, I draw on Nancy Fraser’s democratic theory, which attends to social differences and does not assume that unity is a starting point or an end goal of public dialogue. Alongside the formation of “subaltern counterpublics”, alternative media outlets sometimes develop. There, members of alternative publics debate their interests and strategize about how to be heard in wider, mass-mediated public (...) arenas. I address the normative implications of this non-unitary, multiple-publics model for news journalism, analyzing how current conventions in mainstream news journalism can restrict public debate and impoverish the public policy pedagogy on offer. I illustrate my arguments with a case study of media coverage of the creation and implementation of a social justice curriculum in British Columbia, Canada. (shrink)

In this paper, I discuss the importance of practices of disidentification and imagination for democratic progress and change. To this end, I bring together certain aspects of Stanley Cavell’s and Richard Rorty’s reflections on democracy, aesthetics, and morality with Jacques Rancière’s account of the importance of appearance for democratic participation. With Rancière, it can be shown that any public–political order always involves the possibility (and often the reality) of exclusion or oppression of those who “have no part” in the current (...) order through a particular order of perceptibility, and that democratic action, therefore, requires rupturing acts of political agency on the part of self-proclaimed political actors through which disidentifications and constructions of difference against such existing orders become possible. With Cavell and Rorty, in turn, it can be shown that these rupturing moments, in order to actually become politically effective, require a responsive disposition and a willingness to engage in practices of imagination on the part of those who occupy dominant positions on existing orders, insofar as they must acknowledge the expression of others’ sense of injustice. The upshot of my discussion is that a comprehensive account of the aesthetic dimension of democratic politics must simultaneously address the interruption of political action on the one hand and responsiveness on the other, and that Rancière and the neo-pragmatists Rorty and Cavell complement each other insofar as they illuminate the blind spots of their respective approaches. (shrink)

In this paper we argue for the contribution that deconstruction can make towards an understanding of complex systems. We begin with a description of what we mean by complexity and how Derrida’s thought illustrates a sensitivity towards the problems we face when dealing with complex systems. This is especially clear in Derrida’s deconstruction of the structuralist linguistics of Ferdinand de Saussure. We compare this critique with the work of Edgar Morin, one of the foremost thinkers of contemporary complexity and argue (...) for the possible contributions that both thinkers provide towards an understanding of complex phenomena in the world. We then move on to illustrate the particular economy of thinking we are forced to engage with when dealing with complex systems. This economy is inspired by Derrida’s deconstruction of Bataille’s general economy. This economy illustrates the fundamental nature of critique in the process of dealing with complex systems, the third concept we explore in this paper. The process of critique illustrates the necessity for both cutting apart and weaving together of economies in order to maintain the possibility for divergent ways of being in the world. We conclude with the ethical implications of dealing with complex systems and some first steps towards an ‘ethics of complexity’. (shrink)

What bearing does living in an increasingly globalized world have upon the moral assessment of global inequality? This paper defends an account of global egalitarianism that differs from standard accounts with respect to both the content of and the justification for the imperative to reduce global inequality. According to standard accounts of global egalitarianism, the global order unjustly allows a person’s relative life prospects to track the morally arbitrary trait of where she happens to be born. After raising some worries (...) with these accounts, the author offers an alternative account of global egalitarianism, “social egalitarianism,” which locates the wrongfulness of global inequalities in their effects on social and political interaction rather than in the unfairness of their source. On this view, global inequalities wrongfully exclude the worse-off from partaking in the benefits of globalization. Consequently, social egalitarianism aims for the elimination of only those inequalities that impede such participation. (shrink)

In recent works Nancy Fraser has developed a model of ?metademocracy? that promises to reconcile the competing claims of universal justice (grounded in human rights) and localized democracy (grounded in popular sovereignty). By instituting a global democratic procedure in which all enjoy participatory parity, Fraser hopes to ensure that some people are not denied standing as ?subjects of justice? simply because of their territorial location while keeping faith with the democratic commitment to autonomy and self-legislation. Despite the compelling nature of (...) this model, I argue that Fraser fails to bridge the gulf between justice and democracy because her model of metademocracy is built on the ?metanorm? of ?participatory parity?. Drawing on the work of Hannah Arendt, I claim that this foundationalist move re-asserts the priority of justice over democracy because it takes equality as a moral given rather than the ever-precarious achievement of human organization. (shrink)

This article proposes reframing the justice discourse in climate negotiations. In so doing, it makes two claims. First, global climate negotiations deserve to be addressed as an issue of justice on their own due to their peculiar characteristics. Second, a multidimensional theory of justice is superior to distributional theories for this task. To support these arguments, I apply the multidimensional theory of justice to global climate negotiations. This analysis reveals that injustice in the negotiations is multidimensional and irreducible to distributional (...) questions. Furthermore, it shows how promoting justice in this broad sense would have significant effect on the negotiation procedures and substantive outcomes. (shrink)

What is recognition and why is it so important? This book develops a synoptic conception of the significance of recognition in its many forms for human persons by means of a rational reconstruction and internal critique of classical and contemporary accounts. The book begins with a clarification of several fundamental questions concerning recognition. It then reconstructs the core ideas of Fichte, Hegel, Charles Taylor, Nancy Fraser, and Axel Honneth and utilizes the insights and conceptual tools developed across these chapters for (...) developing a case for the universal importance of recognition for humans. It argues in favour of a universalist anthropological position, unusual in the literature on recognition, that aims to construe a philosophically sound basis for a discourse of common humanity, or of a shared human life-form for which moral relations of recognition are essential. This synthetic conception of the importance of recognition provides tools for articulating deep intuitions shared across cultures about what makes human life and forms of human co-existence better or worse, and thus tools for mutual understanding about the deepest shared concerns of humanity, or of what makes us all human persons despite our differences. -/- Recognition and the Human Life-Form will appeal to readers interested in philosophical anthropology, social and political philosophy, critical theory, and the history of philosophy. It also provides ideas and conceptual tools for fields such as anthropology, education, disability studies, international relations, law, politics, religious studies, sociology, and social research. (shrink)

According to ‘global institutionalism,’ individuals who do not share a state have duties of justice to one another, and this is explained, in part, by the institutional connections that obtain between them. In this chapter, I defend this view against two challenges. First, I consider challenges raised by ‘non-institutionalists,’ who deny that facts about global institutional interaction bear on the nature of duties of justice that arise between particular individuals. Second, I address challenges posed by ‘domestic institutionalists,’ who accept the (...) claim that facts about institutional interaction bear upon the scope of justice but deny that the right sort of interaction necessary to ground duties of justice is found in the global domain. (shrink)