This essay takes as its starting point an apparent tension between theories of democratic deliberation and democratic theories of multicultural accommodation and makes the case that many multiculturalists and deliberative democrats converge on an ideal of political freedom, understood as nondomination. It argues for distinguishing two dimensions of nondomination: inter-agentive nondomination, which obtains when all participants in a power relation are free from rule by others who can set its terms, and systemic nondomination, which obtains when the terms of a (...) power relation itself are responsive to those they affect. Because inter-agentive and systemic nondomination do not covary, it is critical to distinguish between them, in order to build institutions and practices that promote both. (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

In recent years the concepts of individual autonomy and political liberalism have been the subjects of intense debate, but these discussions have occurred largely within separate academic disciplines. Autonomy and the Challenges to Liberalism contains essays devoted to foundational questions regarding both the notion of the autonomous self and the nature and justification of liberalism. Written by leading figures in moral, legal and political theory, the volume covers inter alia the following topics: the nature of the self and its relation (...) to autonomy, the social dimensions of autonomy and the political dynamics of respect and recognition, and the concept of autonomy underlying the principles of liberalism. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

This book explores the relationship between democracy and republicanism, and its consequences; and articulates new theoretical insights into connections between liberty, law and democratic politics.

Governments today often apologize for past injustices and scholars increasingly debate the issue, with many calling for apologies and reparations. Others suggest that what matters are victims of injustice today, not injustices in the past. Spinner-Halev argues that the problem facing some peoples is not just the injustice of the past, but that they still suffer from injustice today. They experience what he calls enduring injustices, and it is likely that these will persist without action to address them. The history (...) of these injustices matters, not as a way to assign responsibility or because we need to remember more, but in order to understand the nature of the injustice and to help us think of possible ways to overcome it. Suggesting that enduring injustices fall outside the framework of liberal theory, Spinner-Halev spells out the implications of arguments for conceptions of liberal justice and progress, reparations, apologies, state legitimacy and post-nationalism. (shrink)

Rainer Forst develops a critical theory capable of deciphering the deficits and potentials inherent in contemporary political reality. This calls for a perspective which is immanent to social and political practices and at the same time transcends them. Forst regards society as a whole as an ‘order of justification’ comprising complexes of different norms referring to institutions and corresponding practices of justification. The task of a ‘critique of relations of justification’, therefore, is to analyse such legitimations with regard to their (...) validity and genesis and to explore the social and political asymmetries leading to inequalities in the ‘justification power’ which enables persons or groups to contest given justifications and to create new ones. Starting from the concept of justification as a basic social practice, Forst develops a theory of political and social justice, human rights and democracy, as well as of power and of critique itself. In so doing, he engages in a critique of a number of contemporary approaches in political philosophy and critical theory. Finally, he also addresses the question of the utopian horizon of social criticism. (shrink)

The mass movement of people across the globe constitutes a major feature of world politics today. -/- Whatever the cause of the movement - often war, famine, economic hardship, political repression or climate change - the governments of western capitalist states see this 'torrent of people in flight' as a serious threat to their stability and the scale of this migration indicates a need for a radical re-thinking of both political theory and practice, for the sake of political, social and (...) economic justice. -/- This book argues that there is at present a serious gap between the legal and social practices of immigration and naturalisation in liberal democratic states and any theoretical justification for such practices that can be made within the tradition of liberal political philosophy. How can liberal states develop institutions of democratic citizenship and at the same time justifiably exclude 'outsiders' from participating in those institutions? The book examines various responses to this contradiction within the liberal tradition, and finds none of them satisfactory - there are no consistently liberal justifications for immigration control and this has serious implications both for liberal practice and theory. (shrink)

In Reasonable Democracy, Simone Chambers describes, explains, and defends a discursive politics inspired by the work of Jürgen Habermas. In addition to comparing Habermas's ideas with other non-Kantian liberal theories in clear and accessible prose, Chambers develops her own views regarding the role of discourse and its importance within liberal democracies. Beginning with a deceptively simple question—"Why is talking better than fighting?"—Chambers explains how the idea of talking provides a rich and compelling view of morality, rationality, and political stability. She (...) considers talking as a way for people to respect each other as moral agents, as a way to reach reasonable and legitimate solutions to disputes, and as a way to reproduce and strengthen shared understandings. In the course of this argument, she defends modern universalist ethics, communicative rationality, and what she calls a "discursive political culture," a concept that locates the political power of discourse and deliberation not so much in institutions of democratic decision-making as in the type of conversations that go on around these institutions. While discourse and deliberation cannot replace voting, bargaining, or compromise, Chambers argues, it is important to maintain a background moral conversation in which to anchor other activities. As an extended case study, Chambers examines the conversation about language rights that has been taking place for more than twenty years in Quebec. A culture of dialogue, she shows, has proved a positive and powerful force in resolving some of the disagreements between the two linguistic communities there. (shrink)

The relationship between history and justice traditionally has been dominated by the idea of the past as distant or absent . This ambiguous ontological status makes it very difficult to situate the often-felt “duty to remember” or obligation to “do justice to the past” in that past itself, and this has led philosophers from Friedrich Nietzsche to Keith Jenkins to plead against an “obsession” with history in favor of an ethics aimed at the present. History’s ability to contribute to the (...) quest for justice, as a result, often seems very restricted or even nonexistent. The introduction of the “presence”-paradigm in historiography can potentially alter this relation between history and justice. However, to do so it should be conceived in such a way that it offers a fundamental critique of the metaphysical dichotomy between the present and the absent and the underlying concept of time that supports this dichotomy. The “presence”-paradigm can be emancipatory and productive only if presence and absence are not perceived as absolute dichotomies. In the first part of this article I elaborate on the influence that the present/absent dichotomy has on the notion of justice by introducing a conceptual contrast between what I will call the “time of jurisdiction” and the “time of history.” The second part of the article focuses on the way certain aspects of the dominant Western chronosophy reinforce the present/absent dichotomy and thereby prevent us from thoroughly exploring the ambiguous but often very problematic presence of the past. Throughout the article I refer to the relatively recent phenomenon of truth commissions and the context of transitional justice to discuss some challenges for the “presence”-paradigm. (shrink)

This essay argues that the systemic turn in deliberative democracy has opened up avenues to think about disabled citizenship within discursive processes. I highlight the systemic turn’s recognition of the interdependence of individuals and institutions upon each other in a system as key to this project. This recognition has led to three transformations: a more generous account of deliberative speech acts and behaviors; recognition of the role of enclaves; and incorporating the role of discursive representatives. These changes normalize the participation (...) of cognitively disabled individuals and suggest institutional opportunities for more effective participation. (shrink)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

This chapter explores the relationship between republican democracy and justice by comparing Philip Pettit's notion of neo-republicanism with that of Immanuel Kant. It begins by describing a republican, political conception of justice as nondomination and explaining why the discourse of republicanism and that of theories of justice often remain at odds with one another. It then considers the basis of a republican conception of justice as nondomination and locates it within the principle of justification, along with Pettit's idea of autonomy (...) and respect. It also examines the notions of ‘arbitrariness’ and ‘domination’ as well as Pettit's ‘negative republicanism’ and its emphasis on legally and politically secure freedom of choice. The chapter argues that a Kantian interpretation of modern republicanism is more convincing than Pettit's ‘negative republicanism’. (shrink)

The article presents critical examination of theories about collective responsibility attempting to cover responsibility for historic injustices. The author will also try to establish the possibility of collective responsibility for the present members of the group to make recompense for the injustices committed by their ancestors depending on two factors expounded in the article.

For at least two centuries, democratic representation has been at the center of debate. Should elected representatives express the views of the majority, or do they have the discretion to interpret their constituents' interests? How can representatives balance the desires of their parties and their electors? What should be done to strengthen the representation of groups that have been excluded from the political system? Representative democracy itself remains frequently contested, regarded as incapable of reflecting the will of the masses, or (...) inadequate for today's global governance. Recently, however, this view of democratic representation has been under attack for its failure to capture the performative and constructive elements of the process of representation, and a new literature more attentive to these aspects of the relationship between representatives and the represented has arisen. In Creating Political Presence, a diverse and international group of scholars explores the implications of such a turn. Two broad, overlapping perspectives emerge. In the first section, the contributions investigate how political representation relates to empowerment, either facilitating or interfering with the capacity of citizens to develop autonomous judgment in collective decision making. Contributions in the second section look at representation from the perspective of inclusion, focusing on how representative relationships and claims articulate the demands of those who are excluded or have no voice. The final section examines political representation from a more systemic perspective, exploring its broader environmental conditions and the way it acquires democratic legitimacy. (shrink)

Democracy and justice are often mutually antagonistic ideas, but in this innovative book Ian Shapiro shows how and why they should be pursued together. Justice must be sought democratically if it is to garner legitimacy in the modern world, he claims, and democracy must be justice-promoting if it is to sustain allegiance over time. _Democratic Justice_ meets these criteria, offering an attractive vision of a practical path to a better future. Wherever power is exercised in human affairs, Shapiro argues, the (...) lack of democracy will be experienced as injustice. The challenge is to democratize social relations so as to diminish injustice, but to do this in ways that are compatible with people’s values and goals. Shapiro shows how this can be done in different phases of the human life cycle, from childhood through the adult worlds of work and domestic life, retirement, old age, and approaching death. He spells out the implications for pressing debates about authority over children, the law of marriage and divorce, population control, governing the firm, basic income guarantees, health insurance, retirement policies, and decisions made by and for the infirm elderly. This refreshing encounter between political philosophy and practical politics will interest all those who aspire to bequeath a more just world to our children than the one we have inherited. (shrink)

Advocates of remedying historical injustices urge political communities to take responsibility for their past, but their arguments are ambiguous about whether all past injustices need remedy, or just those regarding groups that suffer from current injustice. This ambiguity leaves unanswered the challenge of critics who argue that contemporary injustices matter, not those in the past. I argue instead for a focus on injustices that have roots in the past, and continue to the present day, what I call enduring injustice. Instead (...) of focusing on finding the party responsible for the injustice, I argue that we use history to help us understand why some injustices endure, which I suggest is partly due to the limitations of liberal justice. I conclude with a conception of responsibility for repairing enduring injustice that deemphasizes searching for the causal agent, and instead focuses on how to repair the injustice, which I explain through an expansive conception of shared space. (shrink)

This paper aims to explore and examine the implied commitment to the premises of recognition in Rawls’s account of redistributive justice. It attempts to find out whether or not recognition relations that produce humiliation and cultural injustice can be followed to their logical conclusion in his theory of redistribution. This paper makes two claims. Firstly, although Rawls does not disregard the harms of misrecognition as demonstrated in his notion of self-respect being the most important primary good, he cannot liberally accommodate (...) the idea of humiliation as a case of injustice without compromising the basic premises of his theory. Secondly, while resource distribution produces indirect side effects that can impact upon cultural injustice, addressing recognition issues through the prism of redistribution can inadvertently result in further misrecognition. The paper concludes that in the final analysis Rawls wrongly takes redistribution as the overarching principle of justice to which recognition is but a subservient principle. (shrink)

This article addresses two central topics in normative debates on transnational citizenship: the inclusion of resident non-citizens and of non-resident citizens within the demos. Through a critical review of the social membership (Carens, Rubio-Marin) and stakeholder (Baubock) principles, it identifies two problems within these debates. The first is the antinomy of incorporation, namely, the point that there are compelling arguments both for the mandatory naturalization of permanent residents and for making naturalization a voluntary process. The second is the arbitrary demos (...) problem and concerns who determines whether expatriate voting rights are granted (and on what terms). The argument developed provides a way of dissolving the first problem (and defending the proposed solution against possible objections) and resolving the second problem. In doing so it provides a defensible normative basis for the political theory of transnational citizenship. (shrink)

This essay considers the role of the ‘all affected interests’ principle in democratic theory, focusing on debates concerning its form, substance and relationship to the resolution of the democratic boundary problem. It begins by defending an ‘all actually affected’ formulation of the principle against Goodin’s ‘incoherence argument’ critique of this formulation, before addressing issues concerning how to specify the choice set appropriate to the principle. Turning to the substance of the principle, the argument rejects Nozick’s dismissal of its intuitive appeal (...) and considers the two arguments advanced in favour of the principle as a criterion of democratic inclusion: the interlinked interests argument and the tracking power argument. It is shown that neither of these arguments can substantiate a view of the principle as a criterion of democratic inclusion, although both ground a constitutional understanding of the principle as specifying the scope of a duty of justification. It is then proposed that the principle can play an important role in a two-stage resolution of the democratic boundary problem in which it addresses the question of who is entitled to inclusion in the ‘pre-political’ demos that determines whether to constitute a polity. The second stage of this resolution requires an answer to the question of who should constitute the ‘political demos’, that is, the demos of a constituted polity and it is argued that a version of the ‘‘all subjected persons’’ principle can appropriately play this role.Keywords: all affected interests; all subjected persons; democracy; boundary problem; demos problem. (shrink)

The paper examines the so-called principle of all-affected interests (PAAI), which holds that political decisions ought to be made in such a manner that all those whose interests are affected by them have appropriate opportunity to participate in them. In conjunction with factual observations regarding global economic interdependence, the PAAI is frequently proposed as the normative premise of arguments for global democracy. The paper argues that these arguments underspecify the supposed wrong of affectedness. It argues that the perceived wrongness of (...) some situations of being affected without an opportunity to participate can be fully captured in terms of inequality rather than exclusion. (shrink)

This essay asks why Aristotle, certainly no friend to unlimited democracy, seems so much more comfortable with unconstrained rhetoric in political deliberation than current defenders of deliberative democracy. It answers this question by reconstructing and defending a distinctly Aristotelian understanding of political deliberation, one that can be pieced together out of a series of separate arguments made in the Rhetoric, the Politics, and the Nicomachean Ethics.

In this paper, the author contrasts three models of deliberative democracy: a liberal one, a communitarian one, and an alternative to both. Rather than understanding deliberative democracy as the rule of principles of justice or of communal values, the third model conceives of it as the “rule of reasons.” On the basis of a discussion of seven components of an “ethos of democracy” (the cognitive capacities of citizens, political virtues, the cultural, institutional and material conditions of democracy, political legitimacy, and (...) the “ground” of democracy), the third view, which is based on a theory of moral and political justification, emerges as superior. (shrink)

Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that states (...) enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude. (shrink)

It is not a fundamental human right to live wherever one would most like to be. We have to ask when a state should admit people not its citizens wishing to enter and settle within its territory. To exclude someone from entry to a country where he wishes to settle infringes his liberty. When anybody's liberty is infringed or curtailed the onus of proof lies upon those who claim a right to infringe or curtail it, other things being equal. This (...) paper argues that there are two reasonable grounds for refusing entry to would-be immigrants. First, in order to avoid genuine overpopulation; and second, to protect vulnerable cultures being submerged by large numbers of people of a more robust culture. Neither of these restrictions applies in the case of Britain and the paper concludes by demanding an immediate liberalisation of immigration laws and immediate public recognition by government of the benefits of immigration and determined discouragement of xenophobic propaganda against it. (shrink)

Vulnerability and resistance have often been seen as opposites, with the assumption that vulnerability requires protection and the strengthening of paternalistic power at the expense of collective resistance. Focusing on political movements and cultural practices in different global locations, including Turkey, Palestine, France, and the former Yugoslavia, the contributors to Vulnerability in Resistance articulate an understanding of the role of vulnerability in practices of resistance. They consider how vulnerability is constructed, invoked, and mobilized within neoliberal discourse, the politics of war, (...) resistance to authoritarian and securitarian power, in LGBTQI struggles, and in the resistance to occupation and colonial violence. The essays offer a feminist account of political agency by exploring occupy movements and street politics, informal groups at checkpoints and barricades, practices of self-defense, hunger strikes, transgressive enactments of solidarity and mourning, infrastructural mobilizations, and aesthetic and erotic interventions into public space that mobilize memory and expose forms of power. Pointing to possible strategies for a feminist politics of transversal engagements and suggesting a politics of bodily resistance that does not disavow forms of vulnerability, the contributors develop a new conception of embodiment and sociality within fields of contemporary power. -/- Contributors. Meltem Ahiska, Athena Athanasiou, Sarah Bracke, Judith Butler, Elsa Dorlin, Basak Ertür, Zeynep Gambetti, Rema Hammami, Marianne Hirsch, Elena Loizidou, Leticia Sabsay, Nükhet Sirman, Elena Tzelepis. (shrink)

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal (...) membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue. (shrink)

We live in a time of turbulent change when many of the frameworks that have characterized our societies over the last few centuries – such as the international order of sovereign nation-states – are being called into question. In this new volume of essays and interviews, Habermas focuses his attention on these processes of change and provides some of the resources needed to understand them. What kind of international order should we seek to create in our contemporary global age? How (...) should we understand the political project of Europe and how can the democratic deficit of the EU be overcome? How should we understand the relation between democracy as popular sovereignty, which has become the defining principle of political legitimacy in the modern world, and the idea of basic human rights embodied in the rule of law? Habermas brings his formidable powers of analysis and his distinctive theoretical perspective to bear on these and other key questions of the modern age. His analysis is shaped throughout by his commitment to informed public debate and his powerful advocacy of a postnational renewal of the project of constitutional democracy. _Time of Transitions_ will be essential reading for all students and scholars of sociology and politics, and it will be of interest to anyone concerned with the key social and political questions of our time. (shrink)

Michael Dummett, philosopher and social critic, is also one of the sharpest and most prominent commentators and campaigners for the fair treatment of immigrants and refugees in Britain and Europe. This book insightfully draws together his thoughts on this major issue for the first time. Exploring the confused and often highly unjust thinking about immigration, Dummett then carefully questions the principles and justifications governing state policies, pointing out that they often conflict with the rights of refugees as laid down by (...) the Geneva Convention. With compelling and often moving examples, On Immigration and Refugees points a new way forward for humane thinking and practice about a problem we cannot afford to ignore. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of cultural (...) perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

We live in a time of turbulent change when many of the frameworks that have characterized our societies over the last few centuries – such as the international order of sovereign nation-states – are being called into question. In this new volume of essays and interviews, Habermas focuses his attention on these processes of change and provides some of the resources needed to understand them. What kind of international order should we seek to create in our contemporary global age? How (...) should we understand the political project of Europe and how can the democratic deficit of the EU be overcome? How should we understand the relation between democracy as popular sovereignty, which has become the defining principle of political legitimacy in the modern world, and the idea of basic human rights embodied in the rule of law? Habermas brings his formidable powers of analysis and his distinctive theoretical perspective to bear on these and other key questions of the modern age. His analysis is shaped throughout by his commitment to informed public debate and his powerful advocacy of a postnational renewal of the project of constitutional democracy. _Time of Transitions_ will be essential reading for all students and scholars of sociology and politics, and it will be of interest to anyone concerned with the key social and political questions of our time. (shrink)

Are the “culture wars” over? When did they begin? What is their relationship to gender struggle and the dynamics of class? In her first full treatment of postcolonial studies, a field that she helped define, Gayatri Chakravorty Spivak, one of the world’s foremost literary theorists, poses these questions from within the postcolonial enclave. “We cannot merely continue to act out the part of Caliban,” Spivak writes; and her book is an attempt to understand and describe a more responsible role for (...) the postcolonial critic. A Critique of Postcolonial Reason tracks the figure of the “native informant” through various cultural practices—philosophy, history, literature—to suggest that it emerges as the metropolitan hybrid. The book addresses feminists, philosophers, critics, and interventionist intellectuals, as they unite and divide. It ranges from Kant’s analytic of the sublime to child labor in Bangladesh. Throughout, the notion of a Third World interloper as the pure victim of a colonialist oppressor emerges as sharply suspect: the mud we sling at certain seemingly overbearing ancestors such as Marx and Kant may be the very ground we stand on. A major critical work, Spivak’s book redefines and repositions the postcolonial critic, leading her through transnational cultural studies into considerations of globality. (shrink)

In this book, John Dryzek criticizes the dominance of instrumental rationality and objectivism in political institutions and public policy and in the practice of political science. He argues that the reliance on these kinds of politics and to technocracies of expert cultures that are not only repressive, but surprisingly ill-equipped for dealing with complex social problems. Drawing on critical theory, he outlines an alternative program for the organization of political institutions advocating a form of communicatively rational democracy, which he terms (...) discursive democracy, that stresses the importance of active citizenship and public discourse. He draws out the limitations of instrumental rationality and investigates how policy analysis and political science may be reformed to help constitute and comprehend democracy. Discursive Democracy examines how the political process can be made more vital and meaningful. At the same time it shows how such an invigorated process will serve as a more effective agent for social problem solving. (shrink)

Empathy and Democracy argues that empathy plays a crucial role in enabling democratic deliberation to function the way it should.