In this paper, I consider what one might call a negative-critical turn in egalitarian political theorizing, according to which egalitarians should not begin with a positive account of how a society...

Deploying a broadly interpretive approach, the article explores the extent to which, and the ways in which, equality is enacted in non-elective as well as elective representation. It argues that the fleeting and fragmentary equalities evident in non-elective representation are democratically significant, and that examining them can enhance understanding of the democratic promise and limits of different modes of representation.

This critical notice provides an overview of Harry Frankfurt’s On Inequality and assesses whether Frankfurt is right to argue that equality is merely formal and empty. I counter-argue that egalitarianism, properly tweaked and circumscribed, can be defended against Frankfurt’s repudiation. After surveying the main arguments in Frankfurt’s book, I argue that whatever plausibility the ‘doctrine of sufficiency’ defended by Frankfurt may have, it does not strike a fatal blow against egalitarianism. There is nothing in egalitarianism that forbids acceptance of the (...) moral platitude expressed in sufficientarianism's positive thesis,. Nor is there anything in egalitarianism as such that makes it impossible to recognize the banal truth that there are many important things besides equality, and that many dimensions of human affairs are improperly appraised from a relational or comparative point of view. The fact that a relational or comparative point o... (shrink)

: By examining evidence from India, where quotas for women in local government were introduced in 1993, this article argues that institutional reform can disturb hegemonic discourses sufficiently to open a window of opportunity where deliberative democratic norms take root and where, in addition to the politics of recognition, the politics of redistribution also operates.

By examining evidence from India, where quotas for women in local government were introduced in 1993, this article argues that institutional reform can disturb hegemonic discourses sufficiently to open a window of opportunity where deliberative democratic norms take root and where, in addition to the politics of recognition, the politics of redistribution also operates.

In recent years there has been much debate over whether recognition has displaced, or should displace, redistribution as the pre‐eminent concern of contemporary politics. That debate is not about whether we should continue to pursue an egalitarian ideal, since equality is as much a goal for the politics of recognition as it is for the politics of redistribution. In this essay, I address only issues of recognition and ask what kind of equal recognition we can reasonably demand or pursue. I (...) argue that we can expect to secure equal recognition of difference or particularity only if that recognition is mediated by more general forms of recognition. Certainly that approach is implied if we hold that difference should be recognised because that difference matters to the recognised rather than to the recogniser. Thus, I challenge the prevailing view that the politics of difference should replace the politics of universalism; rather, the politics of difference presupposes a form of universalism. I also use a distinction between status and merit recognition to indicate the difficulties that confront the goal of equal recognition if we insist that particularity or difference should be the object of unmediated recognition. I use cultural and religious identities as the main foci for my argument, but I also consider how far that argument translates to issues of sexuality and gender. (shrink)

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal (...) autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

This article explores EU gender policy through the lens of the `Wollstonecraft dilemma', a guiding conceptual device that helps to summarize women's difficult path towards equality in a patriarchal system. EU gender policy reflects the contradictions women must face in their struggle for equality, which are common to most public gender policies. All provisions devised to progress in gender equality have negative retroactive effects on women, due to the patriarchal context in which they are applied. Empirical evidence from the Spanish (...) case offers further support to the argument, showing how EU gender policy is still trapped in the `Wollstonecraft dilemma'. A more holistic approach to EU gender policy, able to tackle all the areas of which patriarchy is composed, and an improved monitoring of EU gender policy implementation in the member states, could both generate a more effective gender policy in the EU and make further progress in solving the dilemma. (shrink)

The COVID-19 pandemic requires emergency policies to be put in place in order to avoid a global health catastrophe. At the same time, there has been an increasing preoccupation that argues urgent policies for public health neglect social justice. By looking at Portugal’s successful confinement case during the early stages of the pandemic, I argue that ethically driven social justice policies are not just compatible but also an instrumentally important element in addressing this pandemic in an effective way. The Portuguese (...) case study suggests that enhancing social justice towards socio-economically vulnerable groups correlates with the prevention of the spread of COVID-19; these benefits to public health can be explained by the fact that those policies create social distancing and less exposure to the COVID-19 virus and other contagious diseases and also remove disincentives to the use of healthcare services. (shrink)

The processes associated with globalization have reinforced and even increased prevailing conditions of inequality among human beings with respect to their political, economic, cultural, and social opportunities. Yet-or perhaps precisely because of this trend-there has been, within political philosophy, an observable tendency to question whether equality in fact should be treated a as central value within a theory of justice. In response, I examine a number of nonegalitarian positions to try to show that the concept of equality cannot be dispensed (...) with in any adequate consideration of justice. (shrink)

This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure (...) to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting François Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down. (shrink)

This thesis argues that a particular version of equal opportunity for welfare is the best way of meeting the joint demands of three liberal egalitarian ideals: distributional equality, responsibility, and respect for individuals’ differing reasonable judgements of their own good. It also examines which social choice rules best represent these demands. Finally, it defends the view that achieving equal opportunity for welfare should not only be a goal of formal public institutions, but that just citizens should also sometimes be guided (...) by it in their everyday life. The version of equal opportunity for welfare it defends differs from some well-known contemporary versions in the following ways. First, it rejects a definition of welfare as the degree of satisfaction of a person’s preferences, because, it argues, this conception of welfare cannot adequately deal with preference change. Instead, it suggests that we should adopt a conception of welfare based on a list of goods and conditions that are recognised as valuable from the perspective of a variety of different conceptions of the good. Second, it argues that individuals’ prima facie claim to an equally valuable share of the world’s resources—a claim which is based on their equal moral worth—is limited to situations in which giving one person a more valuable share means that someone else ends up with a less valuable share. It also argues that in situations where we can improve at least one person’s situation without worsening anyone else’s, we generally do not fail to respect each person’s equal moral worth by doing so, even if this leads to inequalities. Third, it defends a distinct view of responsibility, which justifies social arrangements that give people certain options with reference to the value that individuals can achieve (but don’t necessarily achieve) through their choices from these options. (shrink)