This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

This chapter explores the different dimensions of domination, including whether it has a structural approach, its relation to race and imperialism, and how non-domination can be institutionalized and achieved at a global level.

In this article, I criticize Véronique Zanetti on the topic of moral compromise. As I understand Zanetti, a compromise could only be called a “moral compromise” if (i) it does not originate under coercive conditions, (ii) it involves conflict whose subject matter is moral, and (iii) “the parties support the solution found for what they take to be moral reasons rather than strategic interests.” I offer three criticisms of Zanetti. First, Zanetti ignores how some parties may not have reason to (...) seek social peace at all. Zanetti’s claim that there is consensus on the aim of social peace can involve idealising away from disagreement in a manner that Zanetti accuses Rawls of. Second, even if there is consensus on the aim of seeking social peace, this leaves open the possibility of disagreement about which society different people should belong to. This idealises away from real world conflict concerning borders. Indeed, Zanetti does not mention that her ‘central example’ of moral disagreement, the German Abortion compromise, was enacted in the wake of German reunification. Third, there are at least two things that can be called the ‘German Abortion compromise.’ The compromise that Zanetti speaks of was imposed by the German Federal Constitutional Court. The court declared unconstitutional a law passed in 1992 that had been negotiated in parliament. Zanetti does not dwell on this lack of democratic credentials. Even the substance of the court-imposed solution is itself a dubious example of a moral compromise between parties based on what is acceptable to their reason. -/- (penultimate version - If you would like the .pdf of the final version for personal scholarly use, please contact me through the email address on my profile or my CV.). (shrink)

Domination consists in subjection to the will of others and manifests itself both as a personal relation and a structural phenomenon serving as the context for relations of power. Domination has again become a central political concern through the revival of the republican tradition of political thought . However, normative debates about domination have mostly remained limited to the context of domestic politics. Also, the republican debate has not taken into account alternative ways of conceptualizing domination. Critical theorists, liberals, feminists, (...) critical race theorists, and postcolonial writers have discussed domination in different ways, focusing on such problems as imperialism, racism, and the subjection of indigenous peoples. This volume extends debates about domination to the global level and considers how other streams in political theory and nearby disciplines enrich, expand upon, and critique the republican tradition’s contributions to the debate. This volume brings together, for the first time, mostly original pieces on domination and global political justice by some of this generation’s most prominent scholars, including Philip Pettit, James Bohman, Rainer Forst, Amy Allen, John McCormick, Thomas McCarthy, Charles Mills, Duncan Ivison, John Maynor, Terry Macdonald, Stefan Gosepath, and Hauke Brunkhorst. -/- Front matter and First chapter available for download. (shrink)