Hannah Arendt has developed a theory of the importance of judgment of taste for political manners, founded on the Kantian aesthetic theory. Nowadays this theory is considered a current theoretical reference for establishing a political way to reconcile the demands of the radicalization of deliberative democracy with the need for political inclusion (Iris Marion Young, Seyla Benhabib). Albena Azmanova in her The Scandal of Reason: A Critical Theory of Political Judgment proposes an inclusive political rhetoric. The political theory founded on judgment is based on Kant’s philosophy; it was developed by Arendt and has greatly influenced the current debate, as an alternative theory in which the moral basis of law can be more sensitive to human contexts; a universalist theory more adequate for dealing with the tragic dimension of human life. The theory of political judgment uses the concepts of reflective judgment and ‘enlarged thought’ as its main concepts. As a starting point, a theory like this considers the singular judgments of justice that each person makes. The background, therefore, is not a rational foundation of principles, but the capacity of rational beings to make judgments. This post-metaphysical theory of law, based on a theory of judgment, is a critique of legal positivism, but presents itself as an alternative to the idealistic theory of law. But this theoretical project has received some criticism related to the adequacy of Arendt’s rereading of Kantian philosophy and her attempt to approximate Kant’s reflective judgment to the Aristotelian concept of phronêsis. Some critics, such as Bryan Garsten, believe that Kant’s rhetoric of public reason diminished and displaced the prudential faculty of judgment that Arendt is to be interested in reviving. Arendt’s attempt to find a theory of judgment in Kant’s aesthetic theory is not successful, in Garsten’s view. Our purpose is to show that a critical theory of judicial judgment is not only possible, but necessary; Arendt’s theory of judgment offers an important contribution to a critical theory of judicial judgment, particularly one devoted to the construction of a legal theory that prioritizes a politics of social inclusion. This theory proposes a critical approach to the project of the procedural conception of democracy, since it can mask social exclusion. An adequate understanding of judicial argumentation cannot forget that it happens in a rhetorical context: it is not only important what a discourse says, but how it says it. The radicalization of deliberative democracy supposes a revision of the ways judicial deliberation is thought: not by reference to universal or at least general principles, but taking into consideration what is ‘critically relevant’, with a view to remedying social injustice (following Azmanova).
This work examines North American feminist activities in the international arena from the end of the First World War to the early days of the United Nations. Led by Alice Paul and the National Woman's Party of the United States, feminists attempted to obtain greater equality for women by having nations agree to an Equal Rights Treaty and an equal Nationality Treaty. But they ran into opposition from more moderate social reform women's organizations. Believing protective legislation for women in industry to be more important than legal equality, and antagonistic to the Equal Rights Amendment to the United States' Constitution, reformers objected to the international feminists on ideological grounds. They also disapproved of the radicals' militant tactics and active publicity seeking, thereby extending the quarrel to the realm of personality differences. Thus the divisiveness caused by the ERA in the United States disrupted the international women's movement as well. Working through Pan American Congresses and the League of Nations, and continuing into the United Nations, feminists devoted more than a quarter of a century to fighting for equal rights world-wide. While their actual achievements were not notable, in the end their equalitarian ideas proved to have more enduring value than reform theories. 相似文献
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