The publication of the Report of the International Bioethics Committee of Unesco on Social responsibility and health provides an opportunity to reshape the conceptual framework of the right to health care and its practical implications. The traditional distinctions between negative and positive, civil-political and economic-social, legal and moral rights are to be questioned and probably overcome if the goal is to pursue ‘the highest attainable standard of health’ as a fundamental human right, that should as such be guaranteed to every (...) human being. What we are called upon to, is the commitment not to exclude now and forever anyone from having access to the ‘excellence’ of scientific and medical progress. Therefore, the addressees of this ‘responsibility’ cannot be just the governments and the states within the limits of their ‘jurisdiction’. The challenge is to tackle at the same time the social and global determinants of health. (shrink)

The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In asserting (...) this view, we will look closer at the Kantian influence in Habermas' legal construct at the international level, and show why this institutional approach is to be sharply distinguished from and preferred to any exclusively non-institutional approach to international justice. (shrink)

Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...) own). The discussion is developed by recognising that the claim to universality is not only incompatible with a substantive conception of juridicalness as validity but also sustained with difficulty by a procedural representation of discourse and rationality (a representation which, against its own conclusion-claims, could also be said to be culturally and civilizationally bounded). Not forgetting some specific features of contemporary juridical pluralism—namely that which emerges from the counterpoint between semiotic groups or interpretative communities (and their differently assumed claims of intersemioticity concerning the signifier law)—this train of reflection diagnoses briefly a sequence of complementary main difficulties (as «obstacles» to recognising Law’s demand as an unmistakable cultural project), namely those arising from the formalistic normativistic inheritance (confounding legal autonomy with isolationism), from the challenges and seductions of practical holism (justifying a continuum in which Law’s project loses its sense and autonomy), and also from the familiar debate between exclusive and inclusive versions of positivism and non-positivism (a debate which establishes-consecrates an equivocal counterpoint between Law and Morality). (shrink)

COVID-19 and its social and political consequences have led to increased attention to the sometimes philosophically neglected concept of solidarity. This paper reflects the discourse on solidarity in times of COVID-19 from the viewpoint of the philosophical debate on solidarity. We argue that currently – regarding this debate – the critical potential of solidarity as a political concept is often undermined. Solidarity should rather be used as a social-diagnostic lens to focus on and criticise problematic exclusions caused by current political (...) developments. This applies especially to the cross-border and transnational dimension of political solidarity, which is often neglected in the national constrictions of political COVID-19 strategies. The paper concludes with observations on which levels and in which directions the reflection on solidarity could stimulate both the political and the philosophical debate on global crises such as COVID-19. (shrink)

The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls The paper deals with the relation of a theory of international justice, specifically John Rawls's philosophy of the law of peoples, and a theory of global justice. In the first part, the paper outlines Rawls's main theses on the international conception of the law of peoples. The second part concerns a problem found in segments of Rawls's theory, specifically his concept of a social contract—contractualism. This problem (...) inadequately approaches the relationship between the individual and the community. The third part deals with the inconsistent points in Rawls's theory contained in part two, i.e. his principles of justice selected with the aid of social contract. In the fourth part, the paper concentrates on the consequences of these limitations for a socially distributive dimension of justice or as an approach for dealing with disproportionate global inequalities. The last part formulates the causes of the limitations of Rawls's theory of international justice and points out the need for a global justice which is socially and inter-culturally considerate. (shrink)

The problem of violence for social theory is not only a normative question which can be answered in political-ethical terms, but it is also a cognitive question relating to the definition of violence. This cognitive question is one of the main problems with the contemporary discourse of violence and it is this that makes the idea of a cosmopolitan public sphere particularly relevant since it is in public discourse that cognitive models are articulated. The real power of cosmopolitanism lies in (...) communicative power, the problematizing, the reflexive transformation of cultural models and the raising of `voice'. Unless global civil society is based on a cosmopolitan political sphere there is the danger that it will be disembodied and helpless in the face of new forms of violence. (shrink)

Problem setting. Latin America and the Caribbean traditionally referred to as a large and ambiguous region in an out-side territorial scientific environment. A whole stratum of problems of identities, peculiarities of self-awareness, civilization affiliations of messianic ’appointments ’ in the history of the region and the world, the development of ways of cultural and historical development corresponding to them, the affirmation of the tendencies of state formation is in a scientific researcher focus. Among the many aspects that conceptualize the demandfor (...) research in the region and its implementation, we would like to highlight the following: 1) Latin America and the Caribbean are, to some extent, «a territory of historically significant validation of modern trends» in their speculative lengthening, the field ofdeveloping new ones political and economic novations, including regarding various projections of the correlation of socio-political practices, institutional design and legal technologies, derived from the understanding of nature and the purpose of law. 2) The region ’provides ’ a wide range of heterogeneous materials for analytical work, both concatenate-linear in nature, and combining poly-meaningful multidimensionality, multifaceted coexistence of values generated by contemporary media, the glare of meanings, signs, intentions of conscious transformations, random «breakthroughs» of network travel followers. In the discovery literature thatfollows only the analysis of statistical indicators, it is often noted that Latin America and the Caribbean is a region of polarization. 3) Considering the full amount of opportunities and perspectives available, Latin America in general, in some associative formulation, is clearly «boxing at levels below its weight and its impact on international canvases», that is, there are some reasons for internal and external character that significantly reduce the region’s role in the world, affecting accents of processes of political, legal and economic worsen the work «for the common good», underestimate «the bar of tasks and results» do not meet the expectations of the significance of the region. Recent research and publications analysis. The paper uses an interdisciplinary approach involving the research of representatives of various sciences. Concerning the approach to certain aspects of the constitutional process in the countries of Latin America and the Carribien was used the researches of Ukrainian authors Yu. M. Todyka, V. P. Kolisnyk, Yu. G. Barabash, M. P. Orzikh, T. M. Slinko, A. G. Kushnirenko, pertaining to in relation to consideration ofpeculiarities ofdevelopment andfunctioning of the model of the presidential state was launched analytical andfunctionality materials I. V. Protsiuk. On the conceptualization within the political science tradition in connection with the problems of the political regimes, their development in the conditions of conflict of the present, in the face of threats and challenges of a multifaceted nature are included the materials of methodological and theoretical importance M. P. Trebin, I. O. Polishchuk, D. Denisenko, G. M. Kutz, O. A. Fisun, M. A. Polovyi and, in the context of regional- geopolitical dimensions, V. Yu. Karasev. Among the foreign authors on the subject area of the study, we note the conceptual vision of the combination ofeconomic cycles and political and legal processes of the present Daniela Campello, the development of the author of the theory of «path dependence effect» by J. Mahoney and researchers of modifications of the development of neo-patrimonialism in Latin America and Karsten Bachle. Focused on the trends and innovations of the constitutional process in the countries of the region are the scientific orientations of Rogelio Nu'nez and P. I. Kostogryzov. A broad analytical and research base on the transformation of political regimes in Latina America and the Caribbean and the peculiarities ofpolitical processes in individual countries are provided by the works of B. Geddes, G. O’Donnell, L. Diamond, D. Ziblatta, S. Levitsky, Z. V. Ivanovsky, T. A. Vorotnikova, P. P. Yakovlev, D. V. Morozov, and others. Paper objective. The purpose of this work is to find out the broad contexts of the relationship between economic and political and legal processes in Latin America and the Carribien countries with attention to the peculiarities of the rule of law formation. The tasks are to analyze a set of approaches to finding the causes of the difficulties of socio-political and institutional-legal development in the region with the involvement of interdisciplinary scientific experience and to identify some essential features of meaning- forming and socio-constructing phenomena in the contextual contours. Paper main body. One of the options for designating the specificity of the current state of affairs is framed in the concept of the so-called «curse of volatility» - the dependence of local, mainly commodity and export-oriented with low internal economy savings from cycles, fluctuations of the world economy. This dependence is a definite structural factor and has been forming for a long time. Also, macroeconomic indicators within the framework of a certain political economy methodology in the projection for the sum ofpolitical and legal events allow us to see the spread of ideology, whether left or right, the rise of populism, the tendency for further democratization of the way of life or vice versa from democracy, the relative calm of the political process or the turbulence ofpolitical events are, after all, tied to basic economic indicators, and often more or less relevant to us and corresponding to figures about the level of safety of life. The trajectory of development was laid down by some decisions at a time of critical juncture when privatization created the basis of the local economy as a structural part of the world capitalist system with its dynamics of development that facilitated the formatting and reproduction of the reactive sequences caused by different types of liberal reforms. Conclusions of the research. The particular attention in Latin America and the Caribbean countries on the expectations and responsibilities of building the future is focused on the development of Constitutional law as a leading sphere in the system of national law. Hence the numerous constitutional changes in the countries of the region, the constitutional reforms of different grades, which are intensively continued today. The lifestyle liberalization, resolving key property issues, attempts at democratization in Latin America and the Carribien countries took place in different ways, but after the foundations ofpublic law that were borrowed in outline in the USA. Between enshrined key provisions in the Constitutions and the coexistence of essentially diverse mass consciousnesses and aspirations on different ’floors’ of the society, has raised multi-dimensional discord, that is emerging from the institutionalization of the liberal-democratic model of the state, generated in the context of understanding freedom as a key concept. Therefore the aspect ofan all-public agreement on coexistence rules does not appear to be fully realized, which gives rise to a search for a constitutional character. The focus remains on the relationship between multiple interests and ideas about the common good, by means of the formation of the general will in the structure and practice of constitutional-democratic regimes. It is inextricably linked to the transformation of the concepts of representation and citizenship. Democratic legitimation is correlated with ideas about the rule of the masses, the will of the majority in the living creation of the norms of life, and with the accompanying active and continuous participation in the political process of large groups, sectors of the population. The constitutional creativity of the countries of the region shows the element of an assertion of messianism, the designation of the special role of the country, its leader, ideology, the Constitution in the processes of historical implementation at the level of regional or the world. This moment of national pride for the country and its contribution to the cultural and civilizational space of history is realized in experimental projects of various expressions. (shrink)

The peaceful and democratic integration of the European countries cannot be completed if the EU does not become a true, though not-federal, polity. Making the European institutions fully legitimate and accountable requires the development of political identity in a shape which is different from both national and cultural identity and is not merely opposite to diversity and change. Its contents can be seen in a specific set of constitutional values and principles, including a model of social relations, an international standing (...) and a peculiar and unprecedented system of governance. Identity-formation in the EU goes through several channels, but has still to generate a European public sphere, though the source of this difficulty does not lie in the lack of a European people or demos. (shrink)

Les activités du juriste qu’il soit juge, avocat ou enseignant, occupent une place stratégique dans la régulation de l’ordre politique et social des sociétés modernes. En Allemagne, la confrontation avec son passé récent a provoqué dans les années 1960 des débats sur les fondements de l’État moderne et son rôle dans la crise de la modernité qui se sont poursuivi au cours années 1980 pour déboucher au début du xxi e siècle sur le problème de l’intégration et l’affirmation d’une échelle (...) de valeurs s’imposant à tous. (shrink)

In this article, I consider the moment where speech becomes violent because it wants to name at any price - something that can be felt as a desire in speech, a tension of creation and destruction. I discuss Habermas' theory of communicative action and the propositional conception of truth that underpins it. That conception of truth can be contrasted to the theory of truth as event, as it has been developed by Alain Badiou. A similarity between Badiou's theory of truth (...) and the latent utopianism of Adorno's negative dialectics shows that, for contemporary philosophy, the first phase of Frankfurt School theorising remains important. A philosophy that is able to 'motivate and guide the will' (Habermas) needs to include a non-propositional conception of truth; only with a non-propositional conception of truth can we articulate what is involved in communicative violence and come to understand what the place of what cannot be said is, in thought as well as in private, social and political life. (shrink)

The article considers the issues of modern German political philosophy in accordance with its formation, institutionalization and development. Germany’s political philosophy is analyzed in terms of its interaction with social and practical philosophy. The text states that political philoso- phy belongs to both social philosophy and political science. As a political theory, it is a compo- nent of social theories institutionalized in the modern era. As a political philosophy, it appears as a metatheory of political theory. Political philosophy is also (...) part of practical philosophy, exploring the problems of interaction between ethics and politics and the moral reclamation of the political system of modern society. These issues are themed in the context of the institution- alization of this discipline in the early twentieth century, its transformation into a political reli- gion during National Socialism, the revival after World War II, as well as actualization in such areas of socio-humanitarian sciences as discourse philosophy, functional-system theory of so- ciety, etc. according to the political situation of modern Germany. (shrink)

This article attempts, for the first time, to link some central motives in the thought of Jürgen Habermas with the biographical experiences of the philosopher and social theorist. What are the relations which Habermas himself thematizes in his life story by means of discursive analysis? Three elements are central: the change in significance of the nation state against the backdrop of the process of European integration, the concept of a deliberative democracy, and the timely and controversial issue of the taming (...) of world capitalism. Finally, the article discusses the question of how plausible it is that there is no alternative to capitalism and to what extent democracy can tame capitalism. (shrink)

Is the project of liberal democracy dissociable from nationality? In this paper I outline and defend the main components of a recent and emerging answer to this question, which I term the "national pluralism" approach. I distinguish national pluralism from both national neutrality and liberal nationalism. In contrast to national neutrality, national pluralism holds that there is an important link between liberal democracy and nationality. In contrast to liberal nationalism, it pleads for pluralistic ways of accommodating multiple national identities within (...) the same political community. Moreover, national pluralism accords no special standing to existing nations. If new national identities emerge, such as an overarching national identity in multinational states or a European national identity, then these should be accordingly recognized. In addition, it can be argued from within this approach that there are also non-identity reasons for pursuing nation-building practices at supranational levels. (shrink)

Let it be a network of voices... A network of voices that not only speak, but also struggle and resist for humanity.

En el contexto de las teorías de la modernidad eurocéntrica, el artículo siguiente aborda cuatro tópicos relevantes y su correspondiente deconstrucción. En primer lugar, el concepto de modernidad de Hegel como el descubrimiento de la subjetividad europea y occidental. El segundo lugar, el concepto d..

A central challenge of Amartya Sen’s comparative view of justice is to bring cultural diversity to bear on conceptualizing global justice, which includes building bridges across cultures that enable effective action, and rendering compatible the most beneficent of Rawlsian (or transcendental) intentions with irreducible cultural diversity. For social scientists meeting this challenge requires, first, taking account of variation of social practices in the social construction of meaning, and second, uncovering invisible frontiers of global justice that remain hidden due to conceptual (...) or empirical oversight. The latter is especially true for contemporary International Relations (IR) theory, which assumes state actors to be the main interlocutors in the global realm, and thus precludes consideration of micro-level forms of inter-national relations (understood as interaction among all types of actors that takes place across country borders and that bears traits of national identity). Alternatively, Sen’s micro-perspectival approach offers a welcome support for pluralist approaches that both appreciate non-state access to contestation in the international arena, and account for the meaning-in-use of fundamental norms (democracy, rule of law, human rights) in different cultural and inter-national contexts. (shrink)