The distinguished political philosopher and author of the widely acclaimed Just and Unjust Wars analyzes how society distributes not just wealth and power but other social “goods” like honor, education, work, free time—even love.
How should democratic societies define justice for cultural minority groups and how might such justice be secured? This book offers a response to this critical issue in political theory - the challenge of according equal respect and recognition to minority groups, whilst accommodating claims for special cultural rights and arrangements.
The essays in this book by a group of leading political theorists assess and develop the central ideas of Michael Walzer's path-breaking Spheres of Justice. Is social justice a radically plural notion, with its principles determined by the different social goods that men and women allocate to one another? Is it possible to prevent the unequal distribution of money and power from distorting the allocation of other goods? If different goods are distributed by different mechanisms, what (if any) kind of social equality is possible? Are there universal principles of justice which apply regardless of context? These and other related questions are pursued in depth by the contributors. The book concludes with an important new essay by Walzer in which he reflects on the positions taken in his original book in the light of the critical appraisals presented here.
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Why do citizens in pluralist democracies disagree collectively about the very values they agree on individually? This provocative book highlights the inescapable conflicts of rights and values at the heart of democratic politics. Based on interviews with thousands of citizens and political decision makers, the book focuses on modern Canadian politics, investigating why a country so fortunate in its history and circumstances is on the brink of dissolution. Taking advantage of new techniques of computer-assisted interviewing, the authors explore the politics of a wide array of issues, from freedom of expression to public funding of religious schools to government wiretapping to antihate legislation, analyzing not only why citizens take the positions they do but also how easily they can be talked out of them. In the process, the authors challenge a number of commonly held assumptions about democratic politics. They show, for example, that political elites do not constitute a special bulwark protecting civil liberties; that arguments over political rights are as deeply driven by commitment to the master values of democratic politics as by failure to understand them; and that consensus on the rights of groups is inherently more fragile than on the rights of individuals.
Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan sets forth a theory of economic justice—meritocracy—which rests upon a desert principle and is distinctive from existing work in two ways. First, meritocracy is grounded in empirical research on how human beings think, intuitively, about justice. Research in social psychology and experimental economics reveals that people simply don’t think that social goods should be distributed equally, nor do they dismiss the idea of social justice. Across ideological and cultural lines, people believe that rewards should reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists.
In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm. The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserving a state's territorial integrity and political independence, sometimes at the expense of efforts to establish a universal justice that transcends territorial boundaries. Efforts to establish a universal justice, however, need to heed the dangers of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. In Sovereign Equality and Moral Disagreement, Brad R. Roth explains that though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases.
Liberalism is egalitarian in principle, but why doesn’t it do more to promote equality in practice? In this book, the distinguished political philosopher Michael Walzer offers a critique of liberal theory and demonstrates that crucial realities have been submerged in the evolution of contemporary liberal thought. In the standard versions of liberal theory, autonomous individuals deliberate about what ought to be done—but in the real world, citizens also organize, mobilize, bargain, and lobby. The real world is more contentious than deliberative. Ranging over hotly contested issues including multiculturalism, pluralism, difference, civil society, and racial and gender justice, Walzer suggests ways in which liberal theory might be revised to make it more hospitable to the claims of equality. Combining profound learning with practical wisdom, Michael Walzer offers a provocative reappraisal of the core tenets of liberal thought. Politics and Passion will be required reading for anyone interested in social justice—and the means by which we seek to achieve it.