This paper argues that the plethora of experiments with decentralized social technologies (DSTs)—clusters of which are sometimes called “the Web 3.0 ecosystem” or “the Fediverse”—have brought us to a constitutional moment. These technologies enable radical innovations in social, economic, and political institutions and practices, with the potential to support transformative approaches to political economy. They demand governance innovation. The paper develops a framework of prudent vigilance for making ethical choices in this space that help to both grasp positive opportunities for (...) transformation and avoid the potentially problematic consequences. Most of our specific examples and concerns come from the blockchain/Web3 universe, as this has received the greatest investment, attention, and adoption to date. However, we aim to offer a framework for governance decision-making in conditions of uncertainty that applies more broadly to other DSTs. Specifically, under the framework of prudent vigilance, we propose a pragmatic, democratic, and pluralist approach to navigating bold experimentation with social practices and political economy enabled by these technologies. Our overarching goal is to provide a framework open to transformative improvement and constrained by guardrails and guiding values supportive of democracy, freedom, and pluralism. We take a relatively strong position, rather than simply laying out ethical issues and potential approaches. We seek to be provocative in order to spur further work and hope this paper will serve as a first bridge between academic philosophy and the DST community, which have hardly interacted to date. (shrink)

This paper analyzes areas of convergence in the works of Amartya Sen and Slavoj Žižek in their criticisms of the multiculturalist approach to non-violence. First, Žižek’s characterization of the liberal discourse of guilt and fear is presented. Then, Sen’s key ideas on multiculturalism, tolerance, and rational critique are explicated. Next, a synthesis of Sen and Žižek’s notions of universality, freedom, and rationality, as well as of their critical conceptions of globalization and anti-globalization are discussed. Subsequently, Sen and Žižek’s divergences on (...) overcoming violence are examined. Lastly, from integrating Sen and Žižek’s thoughts, key theses are provided on the paradoxical character of the multiculturalist approach to non-violence and on how despite their divergences, both Sen and Žižek propose radical systematic changes and an alternative approach to non-violence characterized by the universals of rationality and genuine freedom. (shrink)

Over the course of its six seasons, the Netflix show the House of Cards (HOC) details the rise to power of Claire and Frank Underwood in a fictional United States. They achieve power not by winning free and fair elections, but by exploiting various weaknesses of the U.S. political system. Could such a thing happen to our own democracies? This chapter argues that it is a threat that should be taken seriously, as the structure of HOC’s democratic institutions closely mirrors (...) our own, and the flaws that the Underwoods exploit are precisely those that have allowed autocrats to capture democracies “from the inside.” Of even greater concern, these flaws may flow from the nature of democracy itself. This possibility is explored by considering the events of the HOC in the light of the anti-democratic arguments of Plato and Hobbes. The chapter concludes by briefly considering responses to these arguments. (shrink)

The discourse on economic integration with authoritarian regimes has evolved as a key topic throughout the different disciplines of social sciences. Are sanctions and boycotts effective methods to incentivize human rights improvements? To analyze this question, we focus on the situation in China’s Xinjiang province from 2010 to 2019. In this paper, we discuss the relevance of human rights as an ethical norm within business ethics and international law. We evaluate the ongoing processes in Xinjiang from this perspective and scrutinize (...) the interests of major players in the region, including the Central Government of the People’s Republic of China, Xinjiang’s local government, and enterprises involved in the region. Following this, we discuss which economic measures will improve the human rights situation and how these measures contribute to an improvement of the situation. (shrink)

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications (...) for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case. -/- While much of the focus is on bioprospecting and natural product development, Indigenous Peoples, Consent and Benefit-Sharing also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. -/- ‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University . (shrink)

La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

This article questions the universal value attributed to the idea of democracy within a global intercultural context. The point is: do “mature” Western democracies,with their history, their nature and their limits, meet the needs of intercultural ethics? A first factual finding shows that outside, at the frontiers of “mature” democracies, all possible openings to the exercise of democratic freedoms, to the protection of human rights, and to any hybrid form of relationship and dialogue are near to nothing. Not even within (...) Western liberal democracies do egalitarian guarantees, which in any case are the heart and soul of the culture of democratic societies, manage to make room for the recognition of differences in equality and for truly dialogic practices. When they face up to the needs of a possible ethical culture, the principles that underpin contemporary democracies (one of them being universal equality) show an unpliability and an ambivalence often concealed up to now. Conversely, an a posteriori and artificially progressive pattern of the historical course of democracies has been constructed that has ended up “triumphing” and attaining the global, universal “success” of our days. (shrink)

The present paper offers a libertarian reading of one of the most important Chinese novels of the twentieth century, The Travels of Laocan, written by Chinese entrepreneur Liu E between 1903 and 1906. I start with an exposition of the ideas associated with the concept of “Asian values,” the evident cultural unviability of this notion, and how “Asian authoritarianism” has been rationalized and justified on the basis of a Hobbesian conception of human nature. Next, I examine Liu E’s life and (...) career as an entrepreneur in a highly interventionist society. Finally, I focus on his magnum opus, The Travels of Laocan, a fictionalized autobiography that explains Liu E’s philosophical and libertarian ideas. (shrink)

The theme of this article is a rise in notions of a planetary community, and the tensions this evokes in global-local and universal-contextual debates. The primary focus is the realization that new visions are needed to respond to ecological dilemmas in a culturally diverse yet global world and interconnected Earth. Of the many ways to discuss this, I first consider the growing interest in and expansion of biodemocracy as a way to combine these dimensions. Insights and issues from postmodern perspectives (...) follow this, surveying the suspicion of what lurks behind “global.” The next segment turns to ecological postmodernists who realize that a unifying path must be found for a viable planetary future. A brief and final section considers the Earth Charter to be an initiative responsive to postmodern pressures, and yet seeking a global vision and common ground for an emerging world community. (shrink)

(Conference proceedings 2014) This presentation (International Development Ethics Association, July 2014) considers economic vulnerability, exploring the risk of deprivation of necessary resources due to a complex and rarely discussed vulnerability that arises from hope. Pierre Bourdieu’s sociological account of French petit-bourgeois aspiration in The Social Structures of the Economy has recently inspired Wendy Olsen to introduce the term “aspiration paradox” to characterize cases wherein “a borrower's status aspirations may contribute to a situation in which their borrowings exceed their capacity to (...) repay,” leaving the individual much the worse, due to an aspiration to betterment. If such financial opportunities were not made available to these people – if some were denied loans due to a careful assessment of their vulnerability – would they be better off? We should seriously consider that they might be. I will hazard the straightforwardly paternalistic suggestion that limiting access to lending to those who are vulnerable to their aspirations can be a just policy. Because aspiration paradox is a cross-cultural phenomenon, and because lending frequently involves asymmetries in mathematical education between borrowers and lenders, I hope to elude at least some of the charges of colonialism that have gained a stronger purchase on adaptive preference arguments. (shrink)

The objective of this article is to propose a precise characterization of the collective practice behind at least an important part of the phenomena named “decision by consensus”. First, I provide descriptions of the use of this rule, and give a definition of the non-opposition rule, both as a specific sequence of acts and as a stopping rule. Second, I challenge the usual way of understanding the non-opposition rule by contrast with voting, stating that the contrast between logic of approval (...) and logic of consent also has to be taken into account. Third, I examine the conditions of its use. The non-opposition rule satisfies groups whose concern is to decide without dividing. Finally, from the analytic benefit of opening up decision by consensus as the use of the non-opposition rule, I will examine, in a fourth part, whether consensus in decision-making is as democratic a procedure as is sometimes thought. (shrink)

This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal thought is (...) working towards a natural end, a “telos.” In response to a variety of biotechnologies, law and public opinion in liberal democracies will be forced to make explicit that the rights of a living thing are determined by its level of consciousness. I discuss the way that technology will force three clarifications about the value of consciousness, at the beginning, the end and boundaries of human life. Sentience and personhood will become the basis of moral concern, regardless of its media. Just as human rights have become independent of race, gender and property, rights will become independent of being a breathing human being. But even as we make this transition, the cryonically preserved are still likely to be considered dead for pragmatic reasons, albeit with gradually increasing rights as technology makes their reanimation increasingly probable. I suggest that it could be acceptable to cryonicists that the frozen continue to be defined as dead if assisted suicide can be legalized. Under a liberal assisted suicide policy cryonicists might be allowed to carry out suspension before a declaration of death, preserving the maximum amount of neural information. The gradual redefinition of life and personal identity in terms of psychological continuity will also have consequences for the legal status of the reanimated. If, due to information loss, the reanimated do not meet a threshold of psychological continuity, they may be considered new persons. Cryonicists may therefore wish to specify ahead of time whether they are still interested in being reanimated if pre-animation assessment suggests that the result will not meet the necessary threshold of continuity. Finally, I touch on the way that neural technology will fundamentally problematize the separate, autonomous self on which liberal democratic values are based, leading to a legal and political Singularity. It is this looming neural Singularity that makes the proposed liberal democratic telos a final stage in humanistic thought, before it is superceded by something radically different. (shrink)

The end of the Cold War brought about a new wave of proliferation of market economy and democracy. Both are spreading through purposeful efforts of Western exporters and Eastern importers as well as by way of example. These generally positive processes are not, however, without considerable negative side effects and setbacks. The article considers three pairs of dialectical contradictions: parallel democratization and introduction of free markets, democratization and liberalism, and democratization and nationalism. Naïve, hypocritical, and pragmatic approaches to democracy promotion, (...) as well as factors facilitating or hindering democratization (sometimes making it impossible) of specific societies, are analyzed. One of the central problems is the question of absolute or relative (contingent on time, space, and other factors) universality of democracy. The article concludes that democracy has to be mainly demand-driven, not supply-induced. It also considers to what extent external efforts can compensate for the weaknesses of domestic facilitators and what happens when there are attempts to export democracy to societies that are not ready for that. (shrink)

Economist-philosopher Amartya Sen's writings on social and political issues have attracted wide audiences. Section 2 introduces his contributions on: how people reason as agents within society; social determinants of people's (lack of) access to goods and of the effective freedoms and agency they enjoy or lack; and associated advocacy of self-specification of identity and high expectations for ‘voice’ and reasoning democracy. Section 3 considers his relation to social theory, his tools for theorizing action in society, and his limited degree of (...) attention to work by sociologists and to capitalism and power structures. Section 4 characterizes a style marked by conceptual refinement, emphases on complexity and individuality, including personal individuality, and reformist optimism. Section 5 shows the features from Sections 3 and 4 at work in his conception of personhood that advocates freedom to make a reasoned composition of personal identity. Similarly, Section 6 addresses his conception of public reasoning and neglect of the sociology of democracy. It contrasts the ideal of a reasoning polity with features in many countries. Sen's programmes for critical autonomy in personhood and for reasoned politics play, nevertheless, a normic role, while his analytical formats help investigation of obstacles to more widespread agency, voice, and democratic participation. (shrink)

Democracy has been hailed as a global phenomenon and the most popular feature of modern political thought. Several notable efforts have been made by the global community to promote and extend democracy to cover billions of people, with their varying histories, cultures, and disparate levels of affluence. In 2007, the United Nations General Assembly resolved to support the efforts of governments to promote and consolidate new or restored democracies. The GA in this regard stated that “democracy is a universal value (...) based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. Also, while democracies share common features, there is no single model of democracy, and that democracy does not belong to any country or region, reaffirming further the necessity of due respect for sovereignty, the right to self-determination, and territorial integrity. In 2005, the United Nations Democracy Fund was created to implement projects aimed at enhancing democratic practice, promoting human rights, and encouraging participation of all groups in democratic processes. In contrast to its growing popularity, democracy has also been closely looked at with suspicion by experts- academic, political, and otherwise. Skeptics assert that “ the meaning of democracy is contested with no universal definition that is applicable.”. (shrink)

While researchers have offered remonstration-oriented, reciprocal, voluntary, and gratitude-based accounts of political obligation in classical Confucianism, I argue that these interpretations are either in conflict with the textual evidence or merely scratch the surface of Confucius’ theory of political obligation without fully elaborating its essence. Instead, I demonstrate that the theory of political obligation in Confucianism is a specific argument from paternalistic gratitude in which the people’s political obligation is analogically compared to children’s grateful duty to their parents. Moreover, I (...) use the Confucian theory of paternalistic gratitude to critically examine China’s recent politics of political obligation in the wake of the 2008 Sichuan 四川 earthquake. Although the Confucian-sounding references, such as kindness and the parent-state analogy, figure into the CPC’s Gratitude Education campaign, the Party’s politics of political obligation does not meet the Confucian normative standard. Specifically, in the Confucian theory of paternalistic gratitude, the people will be grateful to a benevolent ruler without this feeling being demanded by the state. However, in the Gratitude Education campaign, the Party self-righteously exacted the earthquake survivors’ gratitude. Local dissidents were subject to the stigmatization of “ungratefulness” and faced political violence as a consequence. The case of the Gratitude Education campaign serves as another example of the CPC’s political use of Confucianism for its non-Confucian goals. (shrink)

Recent years have witnessed growing controversy over the “wisdom of the multitude.” As epistemic critics drawing on vast empirical evidence have cast doubt on the political competence of ordinary citizens, epistemic democrats have offered a defense of democracy grounded largely in analogies and formal results. So far, I argue, the critics have been more convincing. Nevertheless, democracy can be defended on instrumental grounds, and this article demonstrates an alternative approach. Instead of implausibly upholding the epistemic reliability of average voters, I (...) observe that competitive elections, universal suffrage, and discretionary state power disable certain potent mechanisms of elite entrenchment. By reserving particular forms of power for the multitude of ordinary citizens, they make democratic states more resistant to dangerous forms of capture than non-democratic alternatives. My approach thus offers a robust defense of electoral democracy, yet cautions against expecting too much from it—motivating a thicker conception of democracy, writ large. (shrink)

Se analiza la emergencia del concepto de desarrollo en sus coordenadas históricas y teóricas para poner en contexto su incorporación por Pablo VI. Ello articulado con una revisión crítica de los diversos modelos de desarrollo permite mejor comprender la tesis de Benedicto XVI que dice de la hegemonía de una concepción tecnológica del desarrollo en el presente. En la esfera de las políticas públicas se analiza en particular el modelo racionalpor su afinidad electiva con el enfoque economicista. Postulando que la (...) fecundidad de la Doctrina Social de la Iglesia en la esfera pública, descansa tanto a nivel de la riqueza del concepto como de las posibilidades de su operacionalización, se propone un dispositivo de observación de las políticas que permita develar tanto la lógica dominante en ellas como aportar a la formulación de políticas que articulen las tres esferas. (shrink)

Elitist scepticism of democracy has a venerable history. This paper responds to the latest round of such scepticism—the ‘competence objection’, articulated in recent work by Jason Brennan. Brennan’s charge is that democracy is unjust because it allows uninformed, irrational, and morally unreasonable voters to exercise power over high-stakes political decisions, thus imposing undue risk upon the citizenry. I show that Brennan’s objection admits of two interpretations, and argue that neither can be sustained on close examination. Along the way, I consider (...) the merits of Brennan’s preferred ‘epistocratic’ alternative to democracy, and argue that it is likely to lead to lower-quality outcomes. (shrink)

This article compares the ‘enfranchisement lottery’, a novel method for allocating the right to vote, with universal suffrage. The comparison is conducted exclusively on the basis of the expected consequences of the two systems. Each scheme seems to have a relative advantage. On the one hand, the enfranchisement lottery would create a better informed electorate and thus improve the quality of electoral outcomes. On the other hand, universal suffrage is more likely to ensure that elections are seen to be fair, (...) which is important for political stability. This article concludes that, on balance, universal suffrage is prima facie superior to the enfranchisement lottery. Yet the analysis shows that the instrumental case for the ‘one person, one vote’ principle is less conclusive than democratic theorists usually suppose. (shrink)

The role of Amartya Sen's early work on famine notwithstanding, food security is generally seen as but one capability among many for scholars writing in development ethics. The early literature on the ethics of hunger is summarized to show how Sen's Poverty and Famines was written in response to debates of past decades, and a brief discussion of food security as a capability follows. However, Sen's characterization of smallholder food security also supports the development of agency in both a political (...) and an economic sense. Economic agency is discussed and tied to longstanding literatures on the moral significance of farming within political economy. Finally, while the newly emergent literature on food sovereignty includes many themes, it is shown to be re-articulating arguments that stress smallholder's economic agency as a development goal. This pattern of argument thus provides a way to reconcile at least some of the claims being advanced under the banner of food sovereignty with the human development.. (shrink)

El Enfoque de las Capacidades de Sen se distingue en el terreno de la justicia distributiva porque ha intentado establecer criterios evaluativos que superen el atomismo de las teorías utilitaristas. Pero algunos pensadores críticos han señalado que el Enfoque aún mantiene una impronta individualista que limita su alcance a la hora de implementar políticas públicas tendientes a transformar estructuras injustas. Para estos críticos, los conceptos básicos de Sen deben complementarse con una noción de capacidad colectiva o común, irreductible a términos (...) individuales, que permita dar cuenta de los procesos intersubjetivos del desarrollo de la agencia y de la constitución de la identidad personal. En este artículo se analizarán algunas críticas comunitaristas al Enfoque y se intentará postular un candidato plausible a capacidad colectiva, que respete el núcleo vivo de los comentarios y que mantenga los conceptos de capacidad y de agencia centrales en la teoría de Sen. --- “Communities of Meaning as Collective Capabilities. A Communitarian Revision of Amartya Sen’s Theory”. Sen’s Capability Approach it is distinguished in the field of the distributive justice, because It has tried to set evaluatives terms that exceed the atomism of the Utilitarian theories. But some critical thinkers have pointed out that the Approach still keep an individualistic style that restrict its impact at the moment of implementing public policies. For these critics, Sen’s basic concepts must be complemented with the idea of collective capability, irreducible to indivudual terms, that allows to account to the intersubjective process of agency and the personal identity constitution. This paper will attempt to present a plausible candidate to the collective capability, that respects the live core of the communitarian comments and that keeps the capability and agency concepts, which are fundamental in Sen’s theory. (shrink)

Despite the growing body of literature and general interest in the intersection between the capabilities approach (CA) and education, little work has been done so far to theorize democratic education from a CA perspective. This essay attempts to do so by, first, getting clear about the theory of democracy that has emerged from Amartya Sen’s recent work and understanding how it informs his CA; and, second, by carefully drawing out the implications of these aspects of Sen’s thinking for democratic education. (...) Ultimately, I argue that Senian democratic education (SDE) is a composite of various learning processes that enhance one’s capability for social and political (democratic) participation. Particular attention is given to the learning that happens through one’s actual engagement in democratic practices and that which happens through one’s formal schooling. I call the former of these learning processes SDEp and the latter SDEs. SDEp is democratic life itself, and its effectiveness both depends on and contributes to the development of a culture of political participation within society. SDEs is best understood as the process of facilitating children’s achievement of democratic functioning, that is, children’s achievement of certain “beings and doings” associated with the emergence and exercise of their individual and collective democratic existence. (shrink)

This article explores a particular connection between friendship and social solidarity and seeks to contribute to understanding the societal significance of non-institutionalised relationships. Commonly the benefits of friendship are assumed to accrue to friends only. But this is only part of the story. Friendship, as instantiation of intimacy and site of moral learning, is conducive to solidarity understood as felt concern for unknown others. That potentiality rests on a specific characteristic: friendship’s loose institutional anchorage. Beginning with an explanation of friendship’s (...) institutional deficit, the article elaborates Durkheim’s ‘positive solidarity’ juxtaposed with Honneth’s recent take on solidarity. It then discusses the contribution personal relationships make to morality, before turning to the specifics of moral learning in friendship. Finally, the article argues that although undesirable as social organising principle, friendship’s institutional deficit renders it conducive to the relational acquisition of a comprehensive understanding of solidarity. (shrink)

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...) which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists. (shrink)

Este ensayo analiza la relación dialéctica entre los conceptos de democracia y de ciudadanía a la luz de los debates actuales, en los que se combinan una transformación de la tradición filosófica y una evaluación de las situaciones en que se cuestiona la distinción jurídica entre el «ciudadano» y el «nacional». A partir de consideraciones sobre las tensiones semánticas de las categorías griegas y latinas (politeia, demokratia, isonomía, ius civitatis), se analizan las aporías de la democracia, entendida como modelo o (...) ideología, que filósofos como Jacques Rancière y Hannah Arendt nos permiten superar mediante la definición de la democracia como un proceso de insurrección permanente «anti-oligárquico» en lugar de un régimen estable. No es la propagación de la democracia, por lo tanto, lo que constituye el objeto primordial de la teoría política, sino la democratización de la democracia, de sí misma, especialmente en la forma de eliminación de la exclusión interna. Esta teoría se ilustra y se perfecciona aún más al referirse a los debates sobre la discriminación de clase y raza, las luchas violentas en busca del reconocimiento que afectan a las instituciones republicanas, las formas de ciudadanía nómadas o diaspóricas, y la relación entre derechos sociales y políticos. (shrink)

Amartya Sen’s ethical theorizing helps feminists resolve the tensions between the claims of women’s particular perspectives and moral objectivity. His concept of ‘‘positional objectivity’’ highlights the epistemological significance of value judgments made from particular social positions, while holding that certain values may become widely shared. He shows how acknowledging positionality is consistent with affirming the universal value of democracy. This article builds on Sen’s work by proposing an analysis of democracy as a set of institutions that aims to intelligently utilize (...) positional information for shared ends. This epistemological analysis of democracy offers a way to understand the rationale for reserving political offices for women. From a political point of view, gendered positions are better thought of as an epistemological resource than as a ground of identity politics – that is, of parochial identification and solidarity. (shrink)

Focusing on the constitutional changes undergone since 2005 in Iraq, Sudan, Morocco, Tunisia and Egypt, this article explains how the constitutional limitation clauses affected the respective material constitutional transformations. The explanatory value of the limitation clauses is tested, with possible causalities (as well as non-causal relations) explored through a case study. Generalizing research arguments are offered, theorizing about the material constitutional transformation processes in authoritarian and post-authoritarian scenarios. The research arguments shed light on the limitation clauses’ potential to reveal the (...) policy intent underlying the constituent power, as well as their negative implications for a proper democratic consolidation, their effects in keeping dynamics of political immobilism, and their consequences in terms of favouring instances of authoritarian regression. (shrink)

At the centre of controversy over human rights policy in China is the disagreement on the relationship between two sets of human rights: civil and political rights on the one hand, and social and economic rights on the other. Much of the debate, however, has been undertaken on theoretical and normative levels. Empirical evidence is needed to advance this debate. Drawing data from a multination survey, this research explores whether Chinese and Westerners differ in their human rights policy preferences. The (...) findings suggest that while social and economic rights have a much broader support base in China than in Western nations, political and civil rights are also important concerns to the Chinese public. Sources and implications of the findings are also discussed. (shrink)

La versión seniana del enfoque de las capacidades define a la libertad individual en términos de la posesión de una preferencia decisiva. A través del análisis de la discusión con la definición provista por el republicanismo, se mostrará que la primera desconoce el papel que las instituciones deben jugar a la hora de proteger esas libertades y que, por lo tanto, es inadecuada. En este artículo se argumenta que, cuando esta definición es considerada dentro del marco más general del pensamiento (...) seniano, es posible hallar una solución a tales problemas, y que ella consiste en vincular las libertades con una concepción deliberativa de la democracia. Sin embargo, se mostrará que esta solución tiene costos teóricos y que parte de esa definición de la libertad o bien debe abandonarse o bien relativizarse. Senian Version of the Capability Approach defines individual freedom in terms of having a decisive preference. Through the analysis of the discussion with the definition provided by republican conceptions, it will be shown that Senian definition ignores the role that institutions should play at protecting those freedoms and that this is a reason to consider it inadequate. This article argues that, when this definition is considered in the more general framework of Senian thinking, a solution can be founded. This solution consists in the construction of a solid link between freedom as decisive preference and a deliberative conception of democracy. However, it will be argued that this solution has some theoretical costs and that part of that definition should be given up or at least relativized. (shrink)

William Booth's 'On the Idea of the Moral Economy' (1994) is a scathing critique of the economic historians labelled as 'moral economists', chief among them Karl Polanyi, whose The Great Transformation is the groundwork for much of the later theorizing on the subject. The most devastating of Booth's criticisms is the allegation that Polanyi's normative prescriptions have anti-democratic, Aristotelian and aristocratic undertones for being guided by a preconceived notion of 'the good'. This article presents an attempt to rescue Polanyi from (...) this charge by reinterpreting his view of the relationship between the economic and the political, while elucidating the practical meaning of a moral economy. (shrink)

On Christopher H. Wellman’s Samaritan account of political legitimacy, the state is justified in coercing its subjects because doing so is necessary to rescue them from the perils of the state of nature. Samaritanism – the principle that we are morally permitted to do what is necessary to rescue someone from serious peril if in doing so we do not impose unreasonable costs on others – only justifies a minimal state, in Wellman’s view. I argue contra Wellman that Samaritanism justifies (...) an extensive, liberal-egalitarian state. (shrink)

This article critically examines the competitive, adversarial nature of the Western neoliberal style of democracy. Specifically, this article focuses on Amartya Sen’s notion of a “universal democracy” as a means of addressing socio-economic inequalities through Sen’s capability approach. Sen’s capability theory has become an acclaimed and widely used theory to evaluate and understand development and inequalities. However, we employ a distinctive critique by engaging Amartya Sen through Herbert Marcuse’s analysis of one dimensionality and the adversarial nature of Western democracy. We (...) further highlight how contemporary neoliberal society employ a particular, adversarial form of public participation. Through this, we underline the various neoliberal problemata, such as Western idealism, political passivity, and a “flattening of choice,” within contemporary democracies and locate how their competitive, winner-take-all nature has become essential to contemporary, Western democratic models. Consequently, we argue that democracy, as a functional concept and form of public engagement, should be fundamentally re-examined in order to address inequalities. (shrink)

The text starts from Sen's conception of rationality as a social commitment and from his criticism of the economic rationality of utilitarianism, confronting them with the characteristics of implicit rationality in solidarity economic initiatives and sustainable development. These economic initiatives and Sen's ethical rationality are reflected in the following aspects: ethical evaluations of these solidarity initiatives, seeking to reduce social inequalities, the need for social commitment by the companies involved, recognition of social diversity, the importance given to the social participation (...) of the people involved in the initiatives, expansion of positive freedom and recognition of the individual as an active agent. These solidarity initiatives, compared to the traditional economy, also entail changes at the political and social level, related to rationality as Sen's social commitment. (shrink)

This thesis explores the relationship between the capability approach to justice and liberal philosophy. I argue that the most compelling articulation of the capability approach—one given by Martha Nussbaum—suffers from an unattractive kind of inconsistency. On the one hand, Nussbaum is committed to formulating a robust account of a dignified human life which can give rise to a range of individual entitlements which ought to be guaranteed to all individuals. On the other hand, Nussbaum is committed to political liberalism which (...) requires state institutions to uphold strict neutrality between a variety of reasonable conceptions of the good. Nussbaum’s first commitment results in the formulation of a list of ten central human capabilities. However, I argue that the content and justification of this list cannot be successfully established in a way that is consistent with Nussbaum’s second commitment. Therefore, in this thesis, I propose a novel capability approach: a two-step approach which consists of two principles arranged in lexical priority. First, governments have a moral obligation to secure individuals with a meta-capability of autonomy. That is to say, governments must provide the conditions which are conducive to individuals exercising a range of agentic competencies which are constitutive of autonomous judgement. Second, governments have a moral obligation to provide opportunities for individuals to exercise this meta-capability in six domains of well-being: health, politics, knowledge, relationships, self-expression, and work. I argue that exercising autonomous choice in the pursuit of welfare is necessary for a good life, regardless of the specific choices individuals eventually make, and even if they choose to forgo some supposedly valuable choices altogether. My proposal has two striking features which set it apart from other articulations of the capability approach. First, my proposal is comprehensive in that it relies on a particular view about what is a valuable way of life. In my view, a way of life is valuable if it is pursued autonomously, that is to say, if it involves an individual exercising a set of agentic competencies and standing in appropriate relations with other people. And second, by virtue of being based in this particular comprehensive claim, my account of justice is anti-perfectionist. That is to say, my proposal does not aim to compel people to make valuable choices. Rather, it aims to equip people with the means to live the kind of life they find valuable and worth living. I then apply this capability approach to the domain of education, and I argue it can be useful in formulating an ambitious and transformative approach to education. In particular, I develop a program of civic education aimed at responding to the problems associated with disinformation and ‘post-truth’ trends in politics. (shrink)

Este texto parte del enfoque de capacidad de Sen, referido a facetas de la libertad de la que disponen los individuos para alcanzar sus objetivos, y que requiere de oportunidades sustantivas que remiten a la libertad positiva. Estas libertades asociadas a las diferentes facetas de capacidad de Amartya Sen sirven para determinar los elementos que constituyen el término de capacidad política. Se distinguen dos dimensiones en la democracia: la democracia como proceso y la democracia como resultado. Las libertades políticas tienen (...) su centro en la democracia como proceso, referidas a la participación ciudadana en los asuntos públicos. La otra dimensión se refiere a la democracia como resultado de políticas públicas y sus efectos sobre la población. Ambas dimensiones de la democracia afectan a las capacidades o libertades políticas de los ciudadanos. Las capacidades políticas, como libertades de individuos y grupos, son posibles si la democracia ofrece oportunidades de satisfacción de necesidades y de participación política. De acuerdo a esta aproximación de capacidad política, una democracia que reduce las oportunidades y limita las vías de participación pública de la ciudadanía, está limitando sus libertades políticas, pero también otras libertades fundamentales de la ciudadanía. (shrink)

Democracy is shown to be a non-instrumental good-in-itself (as well as an instrument in securing other goods) by extrapolation from the Aristotelian premise that humans are political animals. Because humans are by nature language-using, as well as sociable and common-end-seeking beings, the capacity to associate in public decisions is constitutive of the human being-kind. Association in decision is necessary (although insufficient) for happiness in the sense of eudaimonia. A benevolent dictator who satisfied all other conditions of justice, harms her subjects (...) by denying them opportunity to associate in the decisions by which their community is governed. (shrink)

In modern representative democracies, much healthcare is publicly funded or provided and so the question of what healthcare systems should do is a matter of public policy. Given that public resources are inevitably limited, what should be done and who should benefit from healthcare? It is a dilemma for policymakers and a subject of debate within several disciplines, but rarely across disciplines. In this paper, I draw on thinking from several disciplines and especially philosophy, economics, and systems theory. I conclude (...) that economist and philosopher John Broome’s writing provides the framework for an answer: a healthcare system in a democracy should do as much good as possible, although sometimes we should sacrifice some overall good for the sake of fairness. This leaves open some detailed questions about what in practice we consider to be good and fair, and about when some good should be traded off in order to be fair. The answers to these questions depend on our values, or as explained by systems theory, our weltanschauung. How policy decisions should be made when citizens’ values differ is a subject of extensive academic debate. However, it is a separate question. Representative democracies have mechanisms for resolving such debates. (shrink)

This paper tries to show to what extent it is possible to make the democratic germs inherent to the Arab-Muslim tradition fruitful. To this effect, a double scheme is employed. The author argues first in favour of a re-appropriation of a particular Western legacy now largely occulted, that is, the Roman Republic. Then, she defends a specific vision of postmodern democracy as it appears, more or less explicitly, in some of John Rawls’ and Jurgen Habermas’ writings. It appears, then, that (...) inasmuch as some key concepts are amended and thick-skinned prejudices dismissed, it will be possible to highlight the conditions and compromises necessary for Muslims to contribute to the building of a global concept of democracy. (shrink)

An earlier version of this paper was presented in Sydney, Australia at the 2005 Australian Society of Legal Philosophy annual conference. The author wishes to thank all those who commented upon and criticized the paper. The author also wishes to thank two anonymous referees from this journal for their helpful suggestions.

Recent bioethical issues that have emerged in the field of medicine include, but are not limited to, eugenics, palliative care, euthanasia, abortion, and the development of enhanced human body parts. These bioethical issues have raised ethical questions related to the use of modern technology and how it may affect the future of society. These questions consider issues such as: what is the identity of future children? Have human beings become a commodity exchanged by those who have the ability to own (...) them? What is the meaning of justice in medical treatment? How can physicians and nurses perform humanitarian work? Discussions of these questions should begin by determining their relationships with typical social and cultural values in society, such as life and death, marriage, family, fatherhood, motherhood, relatives, and next-of-kin. This paper presents a review of the important Arabic literature that has been written on these bioethical issues to show the contributions of Arab scholars in this field. Arabic studies in bioethics can be classified into three types: original Arabic writings, translated studies, and congresses held in the Arab region. (shrink)