For Kant and many modern cosmopolitans, establishing the rule of law provides the chief mechanism for achieving a just global order. Yet, as Hart and Rawls have argued, the rule of law, as it is commonly understood, is quite consistent with "great iniquities." This criticism does not apply to a sufficiently robust, republican conception of the rule of law, which attributes a basic legal status to all persons. Accordingly, the pervasiveness of dominated persons without legal status is a a fundamental (...) violation of the rule of law. This legal status can be understood in Kant's sense as an original "right to freedom," one that is not derived from or acquired by membership in a community or from citizenship. The realization of this kind of legal status can already be found in the "cosmopolitan constitutions" of many democracies, which include rights of persons (and not just citizens) to habeas corpus and other statuses that protect those vulnerable to domination. In order that all persons have the appropriate institutional space within which to exercise the powers of persons to address and make claims, institutions such as human rights courts to which those who lack legal status can appeal and be recognized are necessary for a form of the rule of law that is adequate to current circumstances. (shrink)

Two of the most important theories in contemporary liberal egalitarianism are Ronald Dworkin’s equality of resources and Amartya Sen’s capability approach. Recently Dworkin has claimed that Sen’s capability approach does not provide a genuine alternative to equality of resources. In this article, we provide both an internal and an external critique of Dworkin’s claim. In the first part of the article we develop an internal critique by providing a detailed analysis of Dworkin’s claim. Andrew Williams has contested Dworkin’s claim, but (...) he has failed to convince Dworkin of his objections. We analyze this debate, and offer an argument that, we hope, settles this dispute. In the second part of the article we argue that an analysis beyond the current parameters of the liberal-egalitarian debate points to three significant differences between Dworkin’s and Sen’s egalitarian theories: the degree to which they rely on an ideal-theoretical approach; their ability to judge social structures that are intertwined with people’s social endowments; and their endorsement of a well-defined criterion to demarcate morally relevant from morally irrelevant inequalities. This broader analysis not only reinforces our conclusion that Dworkin’s equality of resources and Sen’s capability approach are genuinely distinct, but it also suggests some more general insights that may be relevant for a better understanding of contemporary egalitarian thinking. (shrink)

In a previous paper entitled ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport,’ we claim that analyses of the inclusion or exclusion of transgender athletes in competitive sport must go beyond physiological criteria and incorporate the notions of embodied experience and embodied advantage. Our stance has recently been challenged as impractical and excessively exclusionary. In this paper, we address these challenges and build upon them to expand on the policy implications of our original (...) framework, highlighting that embodied experience and embodied advantage heavily influence athletic performance. We differentiate competitive fairness from justice to, with an emphasis on the inclusion of transgender women in competitive sport, formulate a justice-based argument for maximizing inclusion. Afterward, we identify ideal and nonideal policy recommendations connected to our analysis of embodied experience and embodied advantage. We ultimately advocate for a qualified inclusion that assesses potential residual (physiological and embodied) advantages while striving for justice and competitive fairness. (shrink)

This article argues that political injustices can arise from the distribution and character of our sexual desires and that we can be held responsible for correcting these injustices. It draws on a conception of structural injustice to diagnose unjust patterns of sexual attraction, which are taken to arise when socio-structural processes shaping the formation of sexual desire compound systemic domination and capacity-deprivation for the occupants of a social position. Individualistic and structural solutions to the problem of unjust patterns of sexual (...) attraction are assessed in the context of racialised sexual aversion, racial fetishism, and the desexualisation of people with disabilities. While both forms of intervention can help in principle, some of the advantages of structural approaches are laid out. A schema for assigning political responsibilities for addressing this injustice is proposed, with some limits identified to the kinds of state and social responses that are justified. Finally, the status of the merely aesthetically unappealing is considered, with a relational egalitarian approach concluding that they are subject to structurally unjust patterns of sexual desire only when exposed to oppression or second-class citizenship as a result. (shrink)

How do social norms influence our choices? And does the presence of biased norms affect what we owe to each other? Looking at empirical research relating to PrEP rollout in HIV prevention policy, a...

Lack of attention to definitions of indigeneity is a problem in both political theory and practice. Defining indigeneity has at least two important consequences: it affects who has access to resources or rights reserved for Indigenous peoples; and it shapes the kinds of privileges and resources available to Indigenous peoples. In this article, I draw on Theodor Adorno’s concept of ‘nonidentity’ as a resource for exploring the power and limits of conceptions of indigeneity. I argue that recognizing the non-identical aspects (...) of indigeneity enables critical engagement with constellations of concepts that attend to the distinctive aspects of indigeneity in particular moments and locations. To illustrate my argument, I draw on one conception of indigeneity that could be characterized as non-identity thinking – a research approach called Kaupapa Māori. I suggest that non-identity is a promising resource for conceptualizing indigeneity as it has potential to respond to some of the key problems with current responses to indigeneity; notably, that universal definitions may not best represent what it means to be Indigenous, and that unreflective acceptance of current definitions fails to produce just outcomes. (shrink)

Reflection on the historical injustice suffered by many formerly colonized groups has left us with a peculiar account of their claims to material objects. One important upshot of that account, relevant to present day justice, is that many people seem to think that members of indigenous groups have special claims to the use of particular external objects by virtue of their attachment to them. In the first part of this paper I argue against that attachment-based claim. In the second part (...) I suggest that, to provide a normatively defensible account of why sometimes agents who are attached to certain external objects might also have special claims over them, the most important consideration is whether the agents making such claims suffer from structural injustice in the present. In the third part I try to explain why structural injustice matters, in what way attachment-based claims relate to it and when they count. (shrink)

On Sources of Structural Injustice: A Feminist Reading of the Theory of Iris M. Young The author focuses on a critical theory of justice and democracy by Iris Marion Young. Young's normative approach to justice and the institutional framework of inclusive democracy develops out of her critique of injustice. In the first section the author explains Young's approach to structural injustice, which she conceptualizes in terms of domination and oppression. In the second part the author elucidates Young's concept of the (...) politics of difference and inclusive democracy. In this context Young differentiates between social and cultural groups; this enables her to take into consideration the political significance of group differences. The author goes on to present Young's critical theory of gender based on the notion of women as a social structural group. Young argues that gender refers to social structures that shape relations of subordination and oppression rather than to identity. In the final part the author discusses the application of Young's concept of structural injustice at a transnational level. Finally, she concludes with an outline for a feminist reading of the concept of structural injustice in a transnational context. (shrink)

This paper examines recent feminist work on Spinoza and identifies the elements of Spinoza’s philosophy that have been seen as promising for feminist naturalism. I argue that the elements of Spinoza’s work that feminist theorists have found so promising are precisely those concepts he derives from Hobbes. I argue that the misunderstanding of Hobbes as architect of the egoist model of human nature has effaced his contribution to Spinoza’s more praised conception of the human individual. Despite misconceptions, I argue that (...) the model of human nature, the view on human emotions and the conception of individual power that Hobbes created and Spinoza developed is an uncommonly useful one for feminist political theory. Through reexamining Hobbes’ model of human nature and the emotions I will argue that Hobbes’ theory of the internal weighing of emotions provides an important mechanism for understanding how the individuals’ affects can be reformed. I will show how we can use this naturalistic model of the human individual to answer contemporary theoretical and practical questions of how to empower women and how to effectively identify, challenge and change social categories, norms and institutions which are disempowering. In particular, I will argue that feminist projects of empowerment need a way to measure empowerment and a way to understand how to understand the power of harmful norms and customs. Understanding the way certain norms and practices disempower women while forming their affects and self‐conceptions provides the first step to reform of these practices. Spinoza and Hobbes provide us with a further tool to reform, and that is their understanding of the role of emotions in human action and power, and the need to reform and reorganize the emotions of individuals in order to escape harmful patterns of behavior. (shrink)

Journal of Social Philosophy, Volume 52, Issue 4, Page 491-515, Winter 2021.

The article focuses on descriptive representation, which is a fundamental theoretical concept underpinning the introduction of gender quotas. The main question I consider in the paper is how to overcome the essentialism of descriptive representation. I consider the essentialist line of reasoning as unsustainable because it pays little attention to differences among women. I claim that a possible and desirable solution is based on the concept of gender as seriality-by Iris Marion Young. Although women do not constitute a homogenous group, (...) it is meaningful to talk about women as a group in some sense, specifically as a social collective. In this connection, I highlight the advantages of gender as seriality. Firstly and most importantly, it overcomes the essentialism of descriptive representation. Secondly, the concept of gender as seriality enables us to identify the barriers faced by women in politics. Finally, it highlights why quotas are legitimate tools that can be used to increase women’s political representation. (shrink)

This article explores the strategies followed by the International Olympic Committee for the achievement of gender equality. It is argued that this international body can go beyond simply adopting an equality of opportunities approach to gender equality. It suggests which other strategies can be incorporated for which it draws on the different ways of understanding gender equality in gender political theory.

Journal of Social Philosophy, EarlyView.

Three key contributions of Iris Young to democratic political theory, and three challenges that have arisen in response to Young's theory, are examined here in relation to education. First, Young has argued that oppression and domination, not distributive inequality, ought to guide discussions about justice. Second, eliminating oppression requires establishing a politics that welcomes difference by dismantling and reforming structures, processes, concepts and categories that sustain difference‐blind, impartial, neutral, universal politics and policies. The infatuation with merit and standardized tests, both (...) of which are central to measuring educational achievement, are chief amongst the targets in need of reform. Third, a politics of difference requires restructuring the division of labour and decision‐making so as to include disadvantaged social groups but allow them to contribute without foregoing their particularities. The challenges that have arisen in response to Young's theory are first, that difference is merely another way of getting at inequality of resources or opportunities, and if it is not, then, second, a politics of difference values difference for the sake of difference rather than for the sake of alleviating social disadvantage. Third, in theory and in practice a politics that focuses on difference putatively jeopardizes a politics whose aim is to improve the redistribution of resources. (shrink)

The gendered division of labor is the major cause of gender inequality with respect to the broad spectrum of resources, occupations, and roles. Although many feminists aspire to an equality of outcome where there are no significant patterns of gender difference across these dimensions, many have also argued that liberal theories of social justice do not have the conceptual tools to justify a direct attack on the gendered division of labor. Indeed, many critics argue that liberalism positively condones it, presuming (...) that it arises from the free choices of individuals, which must be respected. In this paper I will accept the feminist goal of equality of outcome across roles, occupations, income, and wealth, but will argue that liberal theories of justice are consistent with strong measures aimed at promoting such equality. I will show that liberalism has the conceptual resources to justify a concrete policy measure that goes considerably beyond the measures usually championed by feminists. The example I focus on is “daddy quotas,” which refers to the tagging of a significant part of parental leave for the exclusive use of fathers. (shrink)

The history of the documentation of health inequality is long. The way in which health inequality has customarily been documented is by comparing differences in the average health across groups, for example, by sex or gender, income, education, occupation, or geographic region. In the controversial World Health Report 2000, researchers at the World Health Organization criticized this traditional practice and proposed to measure health inequality across individuals irrespective of individuals’ group affiliation. They defended its proposal on the moral grounds without (...) clear explanation. In this paper I ask: is health inequality across individuals of moral concern, and, if so, why? Clarification of these questions is crucial for meaningful interpretation of health inequality measured across individuals. Only if there was something morally problematic in health inequality across individuals, its reduction would be good news. Specifically, in this paper I provide three arguments for the moral significance of health inequality across individuals: (a) health is special, (b) health equity plays an important and unique role in the general pursuit of justice, and (c) health inequality is an indicator of general injustice in society. I then discuss three key questions to examine the validity of these arguments: (i) how special is health?, (ii) how good is health as an indicator?, and (iii) what do we mean by injustice? I conclude that health inequality across individuals is of moral interest with the arguments (b) and (c). (shrink)