Democratic justice: the priority of politics and the ideal of citizenship

In his Democratic justice and the social contract, Weale presents a distinctive contingent practice-dependent model of ‘democratic justice’ that relies heavily on a condition of just social and political relations among equals. Several issues arise from this account. Under which conditions might such just social and political relations be realised? What ideal of equality is required for ‘democratic justice’? What are its implications for the political ideal of citizenship? This paper focuses on these questions as a way to critically reconsider Weale’s model. After presenting Weale’s procedural constructivism, I distinguish his model from an institutional practice-dependent model, one salient example of which is Rawls’s political constructivism. This distinction allows for a formulation of the social and political equality required for justice in each case. The contingent model assumes that an equality of ‘status’ will generate just social practices, yet it fails to recognise that an equality of ‘role’ is also important to ensure citizens’ compliance. The paper ultimately seeks to show that the contingent model is insufficient to ensure that just social practices will become stable.     

Democratic justice and contractarian injustice

This paper places Weale’s theory in its historical context, clarifying the dispute between Brian Barry’s justice as impartiality and David Gauthier’s justice as mutual advantage. Contra Weale, who argues that justice can involve both mutual advantage and impartiality, this paper suggests that impartiality and mutual advantage are incompatible, and that Barry’s position is preferable to Gauthier’s. Three specific issues will be addressed: First, Weale’s theory of democratic justice includes an account of injustice which is unpersuasive. Secondly, deliberative democracy does not only require equality of power, as Weale suggests, but also material (economic) equality. Thirdly, Weale’s claim that workers should be allowed to keep the full fruits of their labour is questionable.     

Getting to justice?

This article addresses whether Albert Weale’s view in Democratic Justice and the Social Contract (OUP 2013) fits into one of two strands of social contract traditions, and how his account stands up to critics. He claims to stand in the contractarian tradition, which seeks to justify normative principles of justice from non-moral premises. The alternative is the contractualist tradition which assumes that individuals are also motivated by other-regarding moral considerations. The aim of the latter theories is often limited to systematise and specify vague and contested normative judgements concerning shared institutions. There are tensions in Weale’s account as to whether it addresses the question of concern to contractarians or rather that of contractualists. A second challenge concerns Weale’s attempt to extrapolate principles of justice from common property resource regimes within the basic structure of society to that basic structure of a ‘great society’ itself. The impact of the basic structure on individuals is so pervasive that the principle Weale proposes seems misapplied. A claim to the marginal product in complex modes of production supplemented by a social insurance scheme says little about the distributive principles for assessing how the basic structure as a whole should engender the distribution of marginal products among us.     

Gay fathers,gay citizenship: on the power of reproductive futurism and assimilation

Edelman's new ethics of queer theory is focussed on the all-pervasive image of the child, which he argues provides the foundation for the hegemonic politics of ‘reproductive futurism’ (L. Edelman, 2004. No future: queer theory and the death drive. Durham, NC: Duke University Press). His searing criticism raises important questions for sexual citizenship, and particularly for the gay parent as citizen. Edelman's argument that queers should abandon accommodation and instead embrace their position as the figure of negativity offers a challenge to all those gay men that seek to be fathers. In this article, I critically engage with Edelman's arguments and explore the implications of a queer rejection of reproductive futurism and parental privilege through an empirical investigation of young gay men's stories about the possibility of becoming fathers. I argue that whilst Edelman's uncompromising stance serves to open a space for gay men embracing the jouissance that is increasingly being abandoned through an assimilationist desire for citizenship, it also, more problematically, closes down possibilities for gay men and thus further reinforces present inequalities in citizenship. Is negativity the only option in the face of the onslaught of reproductive futurism or might there be a dialectical solution that is at once radically queer but also reflective of the variety of claims for sexual citizenship?     

The theory of the state and politics: a central paradox of Marxism

It is commonplace to observe that while Marx saw the withering away of the state as necessary for communism, the state in ‘Communist’ societies has done anything but wither away. This seems to indicate a paradox in the Marxian theory, whose resolution would probably tend to undermine the theory itself. It is, however, argued that the expansion of the state in ‘Communist’ societies is only apparently contradictory to the Marxian theory, and that the theory in fact provides the basis for a most adequate account of this phenomenon. But the theory does have a genuinely paradoxical quality which lies in the tension between the political and its social basis, in the socialist movement. The fundamental component of the Marxian theory is its demonstration of the dependence of the state and politics on society; the problem then is the very status of ‘the political’ as a category, and especially the meaning of a ‘marxist politics’. Marxism itself demonstrates that the very existence of ‘politics in the direct and narrow sense of the word’ is the product of an alienated society, and yet it posits a politics which necessarily exists partly in this very sense. This paper considers the Marxian theory and the problems it tries to deal with, and attempts to show that the solution to its paradox lies in resolving the real tension between the social movement and its political expression. It will be argued that terms of the dilemma are being modified by changes in the relations between the state and society. These changes make a political solution of social contradictions more possible, precisely because they reduce the abstraction of politics from society.     

Is Anti-Rationalism Rational? The Case of F. A. Hayek*

The theme addressed is the criticism of constructivism and rationalism in politics as presented in the political theory of F. A. Hayek. Hayek's thesis is that goal-directed rationality in politics is counter-final. The main argument of this article is that on closer examination Hayek appears to be a constructivist himself. The purpose of Hayek's anti-rationalism is primarily ideological and instrumental. Hayek wants to induce certain anti-rationalistic beliefs because he believes rationalism has bad consequences. Yet this very project can be considered a case of goal-directed rationality. Furthermore, the argument is that Hayek mixes abstract philosophical doctrine with empirical theory. In his critique of constructivism, Hayek confuses two notions of ‘rationality’. On the one hand he argues against epistemological rationalism associated with Descartes, and on the other he argues against the subjectivistic, action-oriented notion of ‘rationality’ associated with the idea of ‘economic man’. Arguments against Cartesian rationalism do not, however, imply the impossibility of goal-directed rationalism in politics. The so-called information problem cannot be solved at an epistemological level. It is a practical problem, which Hayek has certain ideas how to solve. The argument here, therefore, is that Hayek's thesis of ‘tacit knowledge’ is not an expression of skepticism as is often believed.     

Governance as a strategy in state-of-nature games

Public choice scholars routinely claim that coercion can be used to solve the social dilemma. However, while social contract theorists have frequently described state-of-nature societies using game theory, they have not used game theory to show how coercive action within such societies can improve outcomes. Here I operationalize the concepts of coercion and governance within a Prisoners’ Dilemma (PD) framework; governance is operationalized as coercion to compliance, and to adopt a coercive strategy is to impose a strategy choice upon another player. I show that, under certain conditions, adding governance strategies to a noncoercive one-shot PD game can improve outcomes.     

Conflict‐Induced Displacement,Understanding the Causes of Flight

This study investigates circumstances that affect individuals’ decisions of whether or not to flee their homes during civilian conflicts. Building on the “choice‐centered” approach to studying forced migration, I test the argument that people make a decision to flee or stay even under highly dangerous circumstances. Using primary data collected through a public opinion survey in Nepal, I test a number of hypotheses regarding the impact of factors such as violence, economic opportunity, physical infrastructure or geographical terrain, and social networks on forced migration, providing an individual‐level test of the choice‐centered approach to studying forced migration. The empirical results are consistent with the major hypotheses developed in aggregate‐level studies and provide better insights into the factors that affect individual‐level behavior. Beyond conflict, there are a number of significant economic, social, physical, and political factors that affect individuals’ choice to flee.     

Gypsy law

How do the members of societies that can’t use government or simple ostracism produce social order? To investigate this question I use economics to analyze Gypsy law. Gypsy law leverages superstition to enforce desirable conduct in Gypsy societies where government is unavailable and simple ostracism is ineffective. According to Gypsy law, unguarded contact with the lower half of the human body is ritually polluting, ritual defilement is physically contagious, and non-Gypsies are in an extreme state of such defilement. These superstitions repair holes in simple ostracism among Gypsies, enabling them to secure social cooperation without government. Gypsies’ belief system is an efficient institutional response to the constraints they face on their choice of mechanisms of social control.     

Feminism in the Humanitarian Machine. Introduction to the Special Section on ‘The Politics of Intervention Against (Conflict-Related) Sexual and Gender-based Violence’

ABSTRACT

The prevention and mitigation of sexual and gender-based violence in (post-) conflict societies has become an important humanitarian activity. This introductory article examines the analytical discourses on these interventions, the institutionalization of SGBV expertise in international politics, and the emancipatory potential of anti-SGBV practices. It argues that the confluence of feminist professional activism and militarized humanitarian interventionism produced specific international activities against SGBV. As part of the institutionalization of gender themes in international politics, feminist emancipatory claims have been taken up by humanitarian organizations. The normal operating state of the humanitarian machine, however, undercuts its potential contribution to social transformation towards larger gender equality in (post-) conflict societies.     

George Orwell and ecological citizenship: moral agency and modern estrangement

Theories of ecological citizenship seek to conceptualize political agency while taking into account humanity’s embeddedness in nature. This essay intervenes with contributions from an author distant from discourses about environmental politics, but with insights to offer them. George Orwell’s writings respond to a problem continuously articulated in the history of ecological thought: the estrangement from the conditions of one’s existence. In doing so, he provides a literary case study of ecological moral reasoning, a practice whereby the virtues of ecological citizenship are cultivated. Such virtues are cultivated by confronting the conditions of one’s existence in embodied terms, incorporating that experiential knowledge, and contributing to practices of self-government using it. This essay presents Orwell’s case, explains its relevance to the contemporary discourse on ecological citizenship, and concludes by suggesting that it also provides resources for empirical social scientists seeking to operationalize ecological citizenship theory by way of a moral sociology of the environment.     

Racial structural solidarity

Abstract

Effective political action against racial injustice requires a conception of solidarity based on the social and material reality of this form of injustice. I develop such a notion of solidarity by extending Iris Young’s notion of ‘gender as seriality’ to race. This notion of solidarity avoids the problems encountered by Shelby’s ‘common oppression view’ and Gooding-Williams’s non-foundational view. On Shelby’s ‘common oppression’ view, solidarity is based solely on the victims’ shared condition of oppression. According to Shelby, all victims of racial oppression can be reasonably expected to endorse a set of principles that will move them to common action. Gooding-Williams sheds doubt on the idea that such shared principles exist and defends instead a view of politics as action-in-concert, marked by reasonable disagreement, and a non-foundational view of solidarity constituted through the controversy of politics rather than given in virtue of pre-political commitments or interests. I argue that the problem with such a notion is that it is unable to link the material and social reality of the unjust structures to the forms of political action that would effectively transform social reality. My notion of ‘structural racial solidarity’ would avoid these problems.     

Competition, Marketisation, Public Services and Public Ethics

The topic I address provides an embarrassment of scope. At the same time, it allows the development of a theme that is worthwhile discussing. When in the public sector is it worthwhile to import private sector concepts, principles and practices and when would the adoption of a private sector model be injurious to the state's constituents? The theme is worthwhile discussing, in part because some of Australia's jurisdictions appear to be adopting what they consider to be private sector practices, without an adequate framework to guide them. Because there is no proper framework, mistakes are made which could have been avoided. There is also some evidence that the public is uneasy about the loss of ‘public’ from the term public services. It would not be in the public’s own interests to resist, for no good reason, the adoption of private sector principles where that would allow more cost-effective services. The topic also allows a discussion on the influence on public sector ethics of the trend to place senior public servants on contracts that can be disposed of without a reason or prospect of appeal.     

Robert Tollison and operationalizing public choice

In this tribute to Robert Tollison, I will outline his contributions to the development of public choice. I focus on Tollison’s work on rent-seeking, the political economy of reform, and the rules level of analysis in sports economics. Throughout his career, Tollison brilliantly figured out ways to take insights from price theory and public choice theory and operationalize them using multiple methods of empirical analysis, including historical interpretation and statistical testing.     

An ethical judgment framework for corporate political actions

• Despite the popularity of businesses' involvement in politics, little discussion has been conducted on the ethics of corporate political actions (CPAs) in the business, corporate social responsibility, business ethics and ‘business and society’ literatures. The sporadic studies on ethics of CPA mainly focus on one or two aspects of the CPA in judging its ethics, such as its goal or means or consequences, very little has been done in a systematic way to analyse and articulate ethical standards for those corporations and industries who proactively seek to influence government officials. This study attempts to make up this gap. By applying three basic ethical principles including Utilitarian theory, theory of rights and theory of justice into the CPAs, I propose an ethical judgment framework for CPAs. The ethical judgment framework focuses on and judged by four issues/attributes of a CPA, including the goals/purposes of the CPA, the means taken to achieve the goals, the consequences resulted from the CPA, and the process of the CPA. The ‘means’ and ‘consequences’ are the core criteria in the framework, but ‘goals’ and ‘process’ also contribute to the ethical judgment of a CPA.

Copyright © 2008 John Wiley & Sons, Ltd.     

Debating the ghost of Marshall: a critique of citizenship

Significant changes to societies and the jettisoning of social rights are limiting access to conventional citizenship and fueling a new criterion by which a substantive ‘citizenship’ may now be claimed. Specifically, fame, fortune and a kind of martyrdom are, de facto, the new ways in which an individualistic approach is used to access citizenship, initiating a two-tiered system of inclusion. This article uses a Canadian context to examine the relevance of Marshall's concept of citizenship. The argument will follow in four parts. First, I review Marshall's construct of social rights and take up some of the ‘internal’ critiques of its limits. Second, I examine the gendered limits of social citizenship claims. Third, I explore what amounts to an ‘external’ critique of Marshall, i.e. thinkers like Beck who argue that the debate has moved on from how to do ‘social rights’ to an attack on the very notion of (social) rights. Finally, I propose what a citizenship without social rights concretely amounts to in the modern world.     

Brandom on Norms and Objectivity

The aim of this paper is to investigate Brandom’s conception of the objectivity of norms. In Making It Explicit Brandom supports a weak notion of objectivity based on his understanding of the perspectival structure of linguistic practices. In his following works, he resorts to the Hegelian notion of recognition, adding a historical dimension to his account. I contend that this notion of objectivity can be successfully defended against the objections raised by the commentators. In particular, it does not jeopardise the same possibility of communication, as claimed by Habermas and others, unless a strongly objective notion of communication is assumed. However, the paradigm shift from a strong to a weak understanding of objectivity entails a consequent revision of the conception of social criticism.     

Beyond the Middle Finger: Plato,Schiller and the Political Aesthetics of Ai Weiwei

The photograph of Ai Weiwei’s middle finger set against the backdrop of Tiananmen Square has become an icon of politically subversive art. But can we see beyond the middle finger? Here I argue that current theories of political aesthetics (e.g. Jacques Rancière) operate on an oversimplified dichotomy between two competing paradigms of political art, and that this threatens a more nuanced engagement with contemporary artistic practices. In the first part, I re-examine both the antagonistic relation between art and politics exemplified in Plato's verdict against poetry as a socially corrosive form of imitation as well as the instrumental relation of art and politics developed in Friedrich Schiller’s conception of aesthetic education as a means of social and political reform. Then, drawing on recent work by the controversial Chinese artist, I argue for a model of political art that can account for the more complex interrelation of criticism and cultural affirmation evident in a growing body of politically-oriented art.     

Reading Václav Havel in the Age of Trump

This paper explores the explicit self-deprecation in Vaclav Havel’s writings in order to outline a unique contribution to thinking about resistance contained in Havel’s oeuvre. What Havel offers is a timely critique of messianic political gestures. I will focus on how Havel’s self-deprecation offers a subtle but significant critique of western politics which also contains the kernal of a virtue ethics of sorts, instead of a blueprint for radical action. I will also explain the important and related critique of messianic politics entailed in Havel’s thought and outline the significance of this critique for the current political climate.