Moving Toward Multi-Species Justice

Abnormal Justice

There is widespread agreement, supported by his own remarks, that Hobbes broke completely with the tradition of natural law he inherited and put political philosophy on a scientific foundation.2 Although this claim has been supported in a variety of ways, Hobbes’ concept of justice has never been analysed in this regard.3 I want to make a contribution to the view that Hobbes was the initiator of a distinctively modern natural law by examining the role the concept of distributive justice plays in his political philosophy. More specifically, I want to focus on Hobbes’ treatment of the classical formula of distributive justice — suum cuique tribue, give to each his own — a formula which has been considered the classical definition of justice. My main concern is to show that Hobbes understands this formula quite differently from the prior natural law tradition and that this reinterpretation depends upon his new concept of natural law.

Charles Mills’s Liberal Redemption Song

Les firmes en tant que personnes Cet essai pose la question de savoir si les firmes doivent être traitées comme des personnes morales ou juridiques, capables d’endosser des droits et des devoirs en tant qu’entités distinctes. S’appuyant sur de précédents travaux où les firmes étaient décrites comme des contrats relationnels en performance [Adelstein 2010], il examine la nature de la personnalité juridique et morale, la possibilité d’assigner indépendamment et sans symétrie des droits et des devoirs, ainsi que les conditions permettant de qualifier un sujet de personne, ayant par extension des droits et des devoirs. Il plaide en faveur d’une approche asymétrique pour ce qui est des droits et des devoirs des firmes. D’un côté, parce que les actions finalisées des firmes ne peuvent justement pas être réduites aux actions finalisées de n’importe lequel de ses membres, une fois comptabilisée la responsabilité de ces derniers, il y a une responsabilité résiduelle de la firme pour ses actions, responsabilité qui n’est imputable qu’à elle. Mais, d’un autre côté, quand bien même il peut être utile pour les membres de la firme et pour d’autres de détenir collectivement des droits de propriété, parce que les firmes ne sont que des instruments créés par des individus poursuivant leurs propres fins, elles n’ont droit ni à la vie ni à la liberté. En l’absence de ces droits, rien ne justifie de leur accorder des droits politiques comme la liberté d’expression, la liberté d’association ou le droit à la protection d’une vie privée. À la lumière de ces arguments, une dernière partie examine l’octroi de droits constitutionnels aux sociétés commerciales aux États-Unis. JEL classification: A12, B40, D23, K20

The Prospect of Pragmatic Confucian Democracy: Reply to Dryzek, Macedo, Ackerly, and Li

In an ideal democracy, representatives would entirely reflect citizens’ views, preferences and wishes in their legislative work. However, real-life democracies do not meet this ideal and citizens’ policy preferences and priorities are mirrored only inadequately. This book provides new insights on political representation. It is guided by three questions: what roles should representatives play? Who is actually or should be represented? How are the representatives (or how should they be) connected with the represented? Containing contributions from the perspectives of political theory and philosophy, as well as quantitative empirical studies, the volume demonstrates the need to adapt these established questions to new political realities. This text will be of key interest to scholars and students of political representation and parties, political theory, democratic theory, political philosophy and comparative politics.

This chapter discusses the way in which formal position does not match the reality of participation in international life, and the consequent problems arising from that situation in the management and resolution of international conflict. Clearly, both individuals and intergovernmental organisations (IGOs) have been accorded an increasing role within the international legal scheme. Any attempt to deconstruct the activity of States and other players requires some guiding typology of significant and relevant actors, both within and outside the structure of the State. Legal personality or identity is a functional notion, which indicates possibility of undertaking action that is legally meaningful. The legal accountability of individuals at the international level is now well established in certain contexts of conflict, through the development of international criminal liability. International conflict has a rich and diverse participation which, increasingly during the course of the twentieth century, has moved away from its earlier State-centred paradigm. Keywords: intergovernmental organisations (IGOs); international conflict; international criminal liability; international legal scheme; legal identity

Political representation is the central issue in contemporary debates on the level of democracy in political institutions and processes in the European Union. Underrepresentation of particular groups in political institutions, decision-making and policy-making processes is perceived as the problem of justice, legitimacy and effectiveness in democratic societies. In this paper, the author analyzes the gender aspects of democratic decision-making processes and political representation of women in the EU member states. The social, historical and political dimension of women's efforts to obtain and promote their civil status and political rights have been the framework for developing the principle of gender equality as one of the founding EU principles. In the past hundred years, one of the most significant trends in politics has been the expansion of formal political representation of women. Yet, even though it has been more than a hundered years since women won their political rights in the 19th and the 20th century (the right to vote and the right to be voted), gender differences in political rights are still a substantial part of debate. Today, women's political representation is still inadequate and their political capacity and power have not been exercised to a sufficient extent (or proportionally) through their actual representation in parliament. In March 2012, the European Commisision published a report on gender equality in different areas of social life; the Eurobarometer survey shows that women are generally underrepresented in politics. In national parliaments, only one out of four MPs is a woman. In the European Parliament, three out of ten parliamentarians are women. The statistics shows a huge discrepancy among the EU Member States in terms of women's representation in parliament (44.7% in Sweden as contrasted to 13.3% in Romania). The prevailing view in many studies is that post-industrial democracies are deficient as they have failed to provide for an adequate representation of women's needs and interests. The legal standards on political equality of men and women have been incorporated into the international and regional legal frameworks. Yet, the international conventions, declarations, optional protocols, strategies, action plans and recommendations for policy-makers at different levels have not generated a significant change in the general attitude to political equality of men and women. Why is it so? Women are underrepresented whenever the number of women in the elected bodies of authority is unproportional to the total number of women in the general population; such exclusion of women from politics is unjust because it diminishes the quality of political debate and undermines the essence of democratic legitimacy. For the past ten years, the academic community has been involved in a debate on different aspects of women's political representation. Within the framework of feminist research on gender, politics and state, the discussions have focused on the following issues: what are the benefits of increasing the number of women in politics; will the increase of female MPs in parliament change the nature of politics (given that it may be a chance to articulate women's perspective and discuss women's problems and interests); do women MPs make a difference in political life (and, if so, in what circumstances); and what kind of changes may be expected from their participation in politics? Most discussions have focused on establishing and analyzing the mutual relations between the descriptive and substantive women's representation in politics, primarily concerning the issue whether the increase in the number of female MPs contributes to increasing their interest in representing women's political interests. The quota system, which has been applied in the EU counties as a response to the problem of women's underrepresentation in politics, and the introduction of women's policy agencies (aimed at supporting and promoting the gender equality policy) have proven to be examples of good practice in addressing the 'democratic deficit' in the modern Western European societies.

Up to now researchers have maintained that Nietzsche's philosophy has no concept of social justice or have hardly noticed such a concept. On the contrary, the essay argues that social justice plays an important role in Nietzsche's political thinking. It shows that his conception of justice is modelled after Plato's antique concept of political justice. The main thesis of the essay is that this conception is embodied in Nietzsche's notion of a well-ordered state or society. An additional thesis concerns the anthropological basis of what Nietzsche holds to be a just social order. This basis is constituted by his conviction that people are not only fundamentally unequal but also extremely different in worth and rank.

This paper examines nonhuman animals in films directed by Luis Buñuel from the perspective of writers now associated with the ‘animal turn’ including John Berger, Jacques Derrida, Donna Haraway and Jonathan Burt. It focuses on the way that Buñuel's surrealist and blackly humorous approach to on-screen representation works to level the human-animal gaze, encouraging us to examine ourselves more closely in the reflection of our animal others and to question the notion that there is a secure boundary between the human and the nonhuman world. Particular attention is paid to Buñuel's first three films from the late 1920s and early 1930s for their contemporary relevance to Animal Studies at this distinct, and yet familiar time of economic crisis accompanied by extreme ideological division and the rise of the political right.

The expansion of women's formal political representation ranks among the most significant trends in international politics of the last 100 years. Though women made steady political progress, substantial country‐level variation exists in patterns of growth and change. In this article, longitudinal theories are developed to examine how political factors affect women's political representation over time. Latent growth curve models are used to assess the growth of women in politics in 110 countries from 1975 to 2000. The article investigates how electoral systems, national‐level gender quotas and growth of democracy – both political rights and civil liberties – impact country‐level trajectories of women's legislative representation. It is found: first, national quotas do affect women's political presence, but at a lower level than legislated by law; second, the impact of a proportional representation system on women's political representation is steady over time; and third, democracy, especially civil liberties, does not affect the level of women's political representation in the earliest period, but does influence the growth of women's political representation over time. These findings both reinforce and challenge prior cross‐sectional models of women's political representation.

Reviewed by: Jewish Emancipation: A History across Five Centuries by David Sorkin Todd Endelman David Sorkin. Jewish Emancipation: A History across Five Centuries. Princeton, NJ: Princeton University Press, 2019. 528 pp. doi:10.1017/S0364009420000318 David Sorkin's expansive history of Jewish emancipation from the sixteenth century to the present works at two levels. To begin, it is a comprehensive account of how and why Jewish legal status changed—at times, improving; at times, worsening—everywhere in Europe, North America, North Africa, and the Middle East over five centuries. Sorkin casts his net widely. Emancipation's successes and failures in the Caribbean, the Balkans, Canada, and Russia take their place alongside the better-known, almost paradigmatic cases of France and the German states. The only modern communities that are absent are those of Latin America and the Antipodes, omissions that can certainly be forgiven in a work of such scope. He wisely insists that there was no single, universal path to emancipation but multiple paths. In some cases—the United States and France, for example—liberal revolutions paved the way for Jewish legal equality. In others—Germany and Italy—national unification fueled the process. And, in others—such as the Habsburg and Ottoman Empires—the reforming zeal of "enlightened" but authoritarian rulers hoping to remedy the backwardness of their realms was the driving force. Rejecting the "East versus West" binary that is so commonplace in writing modern European Jewish history, Sorkin proposes instead a fourfold geographic division of the early modern and modern Jewish world: western Europe (including North America and the Caribbean); central Europe; eastern Europe; and the lands of Islam. He also introduces two critical distinctions that illuminate the ways in which emancipation struggles unfolded. The first distinction is that between political and civil rights. The former refers to the right to hold office, vote in elections, and gain entry to the civil service. The latter refers to occupational and residential freedoms, the right to own and transmit property, and equality of standing in the judicial system. In Britain and the United States, for example, civil rights preceded political rights. Conflicts over Jewish legal status in the English-speaking world in [End Page 450] the first half of the nineteenth century largely concerned the right to hold office. In terms of their civil rights, Jews in Britain, its colonies, and later the United States were emancipated and enjoyed full civil rights from the very moment of their arrival. In the tsarist empire, by contrast, Jews enjoyed neither political nor civil rights—nor, for that matter, did anyone else. The second distinction Sorkin introduces is that between emancipation "into estates" and emancipation "out of estates." In illiberal states, on the one hand, where membership in corporate bodies and estates determined the privileges any individual enjoyed, emancipation meant the integration of Jews (usually Jews of property) into the existing system. In these instances, Jews received estate-specific privileges rather than nominally universal rights. In liberal states, on the other hand, where civil society, liberal individualism, and natural rights were in the ascendant, emancipation meant something very different: dissolution of the corporate Jewish community and integration into a state of citizens who were, in theory, all equal before the law. The distinction is critical because emancipation "into estates" was more limited in what it offered. However, it was the only possible form emancipation could take in states that lacked a body of rights-enjoying citizens into which Jews could be politically integrated. It is this distinction that underwrites Sorkin's account. He includes shifts in Jewish legal status that historians have not included within the conventional rubric of emancipation, such as those that occurred in eastern Europe and the Ottoman Empire. While he is careful to distinguish the different political systems in which these shifts occurred, the question still arises as to what is gained—historiographically, theoretically, or strategically—by bringing together under one rubric these various changes. Granting rights in the wake of the French Revolution was a very different phenomenon from bestowing commercial and civil privileges to merchant colonies in port cities in the sixteenth and seventeenth centuries. Radical, novel ideas powered the former, while the latter represented an...

The Law of Peoples

ABSTRACTThis article addresses political rights and identity among Il Chamus of Baringo District, Kenya, a small group of agro-pastoralists related to the Maasai. It discusses an important 2006 judicial ruling from the High Court of Kenya that specified a political constituency and national representation for the community, and shows how the state and its actions undermined its implementation. By examining the historical events and struggles leading up to the court ruling and the local violence associated with it, the article describes how Il Chamus have been forced to negotiate – even publically legislate – their histories and identities (indigeneity) to make claims to citizenship and territory. It concludes with a discussion of the impacts of the new 2010 constitution on the Il Chamus political movement and those of other minority and indigenous groups who have petitioned for increased political representation during the last two decades.

In his new book <i>Crip Times: Disability, Globalization, and Resistance,</i> Robert McRuer offers his notion of "crip time" as an analytic through which we may critique the spatio-temporalities of austerity, late capitalism, and the cultural logic of neoliberalism. McRuer’s position is that disability is at the core of a global politics of austerity and of neoliberalism. What does it mean that disability is central to a global politics of austerity? For McRuer, it means that thinking about austerity through "crip time" can highlight an ongoing politics of representation of disability. That is, neoliberalism actively produces certain ways of being disabled that are conducive to its continued operation. But, "crip time" points to the ways in which this politics of representation does not fully capture disability. Disability exceeds austerity and neoliberalism. <i>Crip Times</i>, then, offers a critical examination of how disability is represented within the cultural logic of neoliberalism. At the same time, McRuer cautions against, as some past projects in disability and queer theory have done, fully rejecting or embracing the politics of identity, representation, and rights.