Provisions for animal rights have been included in the national constitutions of Switzerland and Germany . Protective constitutional inclusion is a major social movement success, and in view of the other movements also seeking increased political visibility and responsiveness, it is worth asking how and why nonhuman animals were allowed into this realm of political importance. This research seeks to explain how animal activists achieved this significant goal in two industrialized democracies. Using an approach drawn from the mainstream (...) canon on social movements, this comparative study attempts to show how cultural factors, institutional selectivity, and the influence of spontaneous events, along with the tactic of “frame-bridging,” determined the success of both movements. (shrink)

Cet article remet en question les critiques conventionnelles des institutions dans le cadre des études sur le handicap et de l’activisme en s’appuyant sur un travail de terrain dans un foyer catholique et une école pentecôtiste pour les personnes ayant une déficience intellectuelle en Ouganda. Plutôt que de considérer les espaces institutionnels de ces organisations chrétiennes comme des exclusions ségrégatives de la vie sociale au sens large, cet article aborde le travail de ces institutions en termes d’inclusion – des (...) inclusions constitutives, en référence à la manière dont ces organisations pennent en charge non seulement l’existence de base, mais aussi la personnalité de leurs résidents et de leurs étudiants. En retour, une telle analyse permet de repenser les conceptions conventionnelles des institutions dans les pays du Nord ainsi que les distinctions entre les institutions totales et les institutions sociales. (shrink)

This paper starts by discussing Alan Brudner's overall project: the project of inclusivity. It argues that the idea of inclusivity is problematic both conceptually and normatively, for three reasons. First, it is not clear that Brudner's aim to provide a unified theory of the liberal constitution is either possible or desirable. Second, Brudner assumes but does not adequately demonstrate the need for public justification of the liberal constitution. Third, Brudner does not sufficiently explain who should have a veto over his (...) final theory. The paper then turns to Brudner's analysis of sex and family, and argues that his position on these matters is one that liberals would reject. In the case of marriage, Brudner’s conclusions may be compatible with liberalism but the arguments supporting them are not. In the case of abortion, neither argument nor policy is compatible with liberalism. Either his position requires that we attribute differential status to human persons, in direct contravention of the fundamental equality of moral worth that liberalism accords to all individuals. Or it requires that we override the rights of individuals by asserting that their own self-authorship is less important to them than a symbol of their personal relationship, a judgment that profoundly undermines individual autonomy. (shrink)

This paper continues the discussion of three values of sport (safety, fairness, inclusion) that has developed around the theme of inclusion of transwomen in the female category in World Rugby, as discussed by Pike, Burke and Imbrišević. In contrast to their discussion, in which these three values have been seen from the limited perspective of the inclusion of one group of athletes into a specific category of one sport, they are here discussed in the context of the (...) categorization in sport in general, with a focus on constitutive and eligibility rules. Constitutive rules give a strong foundation for eligibility rules. From the perspective of eligibility rules, the value of inclusion is identified as the underlying main value, while fairness and safety are its functions. This view rehabilitates the value of inclusion and has implications for how we think about the inclusion of athletes in sport, and for the creation of categories. (shrink)

In recent years we have seen a newfound engagement with Jürgen Habermas's work in philosophy of education, focusing on his conception of argumentative dialogue, or discourse, as the origin of both truth-related epistemic judgments and justifications of moral norms that claim rightness rather than truth. In this article, Krassimir Stojanov first reconstructs the way in which Habermas determines the relation between truth and rightness, and he then shows that moral rightness functions as a “truth-analogue” since moral norms, like true facts, (...) transcend the actual and local practices of their justification. In the case of moral rightness, this transcendence occurs as an infinite process of inclusion of the perspectives and interests of all potentially concerned persons — also (and foremost) the perspectives and interests of those who are strange to each other in their respective values, worldviews, and interests. With this account of “truth-analogue” moral rightness, Habermas conceptualizes a kind of processual and “difference-sensible” universalism, which is very different from the substantialist universalism of some traditional conceptions of education, or Bildung. In the final section, Stojanov shows why including children in their otherness as children in the discursive process of production of moral knowledge, and thus treating them with a kind of epistemic respect, is a constitutive condition for that process. The demand for the discursive inclusion of children follows from the discourse ethics approach, but it requires an enlargement and some corrections of that approach. (shrink)

This chapter contains sections titled: The Case of Beth B The Individuals with Disabilities Education Act (IDEA) Justice and Community The Ethics of Inclusionary Care The Morality of Equal Educational Concern Constitutional Democratic Proceduralism Conclusion.

Zimbabwe's unending socioeconomic crisis has led to the flooding of informal street vendors in its urban areas, a development that has led to incessant clashes between the street vendors and the local authorities. Literature has shown that street vending is a global phenomenon and its problems could be addressed through best practices of inclusivity. This study examined the situation of informal street vendors in Harare in the light of social inclusion. It also made use of insights from Pope Francis (...) regarding World Popular Movements. Data were collected through focus group discussions comprising six informal street vendors operating in Harare as its participants. Findings revealed that informal street vendors in Harare faced many structural challenges, one of which included operating in contested spaces characterised by violent evictions from vending sites, bribery and power struggles. Results also showed that street vendors lacked access to bank loans, information, and even the power to influence policies which directly affected them. Based on these findings, it was argued that the informal street vendors were socially excluded and needed to be integrated into the economic fabric of the urban society. This social inclusion process was considered as only possible if local authorities adopted an inclusive approach to policymaking. This would entail involving the street vendors when crafting policies that directly affect them. It was recommended that Harare City Council regularises street vending, aligns its by-laws to the National Constitution, and that it also formulates inclusive policies. CONTRIBUTION: The article makes a contribution towards the promotion of an inclusive society whereby everyone has equal access to social and economic opportunities. (shrink)

This essay considers the role of the ‘all affected interests’ principle in democratic theory, focusing on debates concerning its form, substance and relationship to the resolution of the democratic boundary problem. It begins by defending an ‘all actually affected’ formulation of the principle against Goodin’s ‘incoherence argument’ critique of this formulation, before addressing issues concerning how to specify the choice set appropriate to the principle. Turning to the substance of the principle, the argument rejects Nozick’s dismissal of its intuitive appeal (...) and considers the two arguments advanced in favour of the principle as a criterion of democratic inclusion: the interlinked interests argument and the tracking power argument. It is shown that neither of these arguments can substantiate a view of the principle as a criterion of democratic inclusion, although both ground a constitutional understanding of the principle as specifying the scope of a duty of justification. It is then proposed that the principle can play an important role in a two-stage resolution of the democratic boundary problem in which it addresses the question of who is entitled to inclusion in the ‘pre-political’ demos that determines whether to constitute a polity. The second stage of this resolution requires an answer to the question of who should constitute the ‘political demos’, that is, the demos of a constituted polity and it is argued that a version of the ‘‘all subjected persons’’ principle can appropriately play this role.Keywords: all affected interests; all subjected persons; democracy; boundary problem; demos problem. (shrink)

It has become an academic self-evidence that space can only inadequately be conceptualized as a material or earth-bound base for social processes. This could commend a theoretical view of space as the outcome of action, which brings both social production practices and bodily deployment into focus. The action-theoretical perspective allows the constitution of space to be understood as taking place in perception. Not only are things alone perceived but also the relations between objects. This article develops a space-theoretical concept according (...) to which space is constituted through acts as the outcome of synthesis and positioning practices. This opens up a theoretical perspective defining atmospheres as an external effect, instantiated in perception, of social goods and human beings in their situated spatial order/ing. Exclusion and inclusion are accordingly comprehended in terms of perception of the attunement of places. With reference to Anthony Giddens, this article discusses how space can be understood as a duality of structural ordering and action elements. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...) way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

Defenders of epistemic democracy propose that the “wisdom of the many” will result in superior outcomes: in this context, they hold that widespread participation will yield better constitutional norms. While this argument, featured prominently in Hélène Landemore’s recent work, raises significant normative concerns, this essay focuses on the causal mechanism it posits and the evidence adduced for the claim. Drawing on Jeremy Bentham’s critiques of common lawyers’ claims to wisdom, this essay argues it is better to defend inclusivity on (...) the grounds that it will promote the people’s interests, rather than on the epistemic value of popular participation. (shrink)

In contemporary discourse, inclusion has evolved into a core value, with inclusive societies being lauded as progressive and inherently positive. Conversely, exclusion and excluding practices are typically deemed undesirable. However, this paper questions the prevailing assumption that inclusion is always synonymous with societal progress. Could it be that exclusion, in certain contexts, serves as a more effective tool for advancing societal development? Is there a more intricate interconnection between these phenomena than conventionally acknowledged? This paper advocates moving beyond (...) a simplistic inclusion/exclusion dichotomy and puts forth two theses. First, it posits that exclusion can, at times, be a superior metric for gauging progress. Second, it contends that inclusion and exclusion are thoroughly entwined, challenging the notion of a clear demarcation between them. The underlying premise is that, much like inclusion, there can be meaningful value associated with exclusion. Furthermore, applying a rigid inclusion/exclusion dichotomy oversimplifies the discourse on societal progress, providing an artificial representation of what constitutes advancement. Such oversimplification hampers both contemporary research in the humanities and broader political discourse. The primary objective of this paper is to introduce a fresh perspective to the discourse surrounding societal progress. By challenging the fundamental conceptual framework, it seeks to add nuance to the ongoing debate, fostering a more comprehensive understanding of the complexities inherent in measuring progress within society. (shrink)

Bonginkosi Shozi and Donrich Thaldar’s (2023) contribution is relevant to epistemic justice, which involves efforts to develop an inclusive and global bioethics that takes seriously perspectives fr...

This article defends the normative relevance of the representation of non-citizens in democracies. I argue that representation within nation-states constitutes a realistic institutionalisation of the All-Affected Principle, allowing justificatory practices towards non-citizens and establishing political institutions that can realise the ideal of inclusion of all externally affected individuals. I defend electoral, non-electoral and surrogate forms of representation of affected interests that satisfy both the cosmopolitan concern for the equal consideration of interests and the statist defence of the importance of (...) a territorially and civically bounded demos. I assess piecemeal implementations of representation practices, namely reciprocal representation, ombudspersons, self-appointed representatives and deliberative and advocacy groups. Gradual and pluralised means of representation constitute necessary and feasible first steps to consider affected interests and offer an alternative route to an all-or-nothing defence of inclusion as national enfranchisement. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the (...) assumption that contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

The problem of ethical consultations in the clinical setting should be reasonable, but it cannot be reduced to reason and philosophical theory alone. I will argue that emotions are constitutively and discursively relevant features of the evaluative experience of persons. Ethical consultations should include emotions. Emotions like shame and guilt are complex and learned reactions of persons, which form one basis of ethical reflection. I argue that ethical consultation can rely neither on a strict theory or method nor on a (...) philosophical theory that is external to the situational triggers of consultations in the clinical setting. Emotions are one essential trigger of the need for ethical consultations. I will show that methodologically consultation depends on understanding the evaluative experiences of persons who cooperate in the clinical setting. Moreover, such evaluative experiences includes emotive reactions as well as reason. My conclusion is that ethical consultation in the clinical setting needs a conceptual understanding of epistemic, justificatory and methodological inclusiveness. This circumstance can be summarized: ethical consultations need the ongoing development of a moral hermeneutics of clinical consultation. (shrink)

This article uses the methods that Locke advocated in his Essay Concerning Human Understanding to evaluate manuscript evidence from five different schemes and two drafts of the Fundamental Constitutions of Carolina, to thereby determine what role, if any, John Locke had in writing it, and in advocating for slavery and absolutism. It focuses on the influential claims put forward by David Armitage 20 years ago, that Locke was responsible for actively promoting slavery in Carolina’s Fundamental Constitutions. It enables the reader (...) to view, and judge, the relevant evidence. The author concludes, and invites the reader to conclude, that Armitage’s main claims lack foundation in the manuscript evidence. That evidence instead points towards the legal power of those who owned Carolina, the Lords Proprietors, and to the crown, which granted Carolina’s charter, and to the logic of a different theory of government, patriarchalism, for the rationale behind both slavery and absolutism. The central ideas behind slavery and colonization were epitomized, as Locke understood, by Sir Robert Filmer, who wrote the book to which Locke responded in his Two Treatises of Government. Filmer’s ally, Sir Henry Spelman, like Filmer a deeply committed royalist who believed in the king’s unlimited prerogatives, composed the original 1629 Carolina charter that shaped the Fundamental Constitutions. Misattributing the authorship of particular clauses to Locke is a symptom of a larger failure to distinguish the impact of momentous debates over authority and race in the seventeenth century. Locke’s theories did, in practice as well as principle, reject the theory of domination put forward by Filmer, and argued instead for human rights and democracy that were inclusive and capacious. The manuscript evidence has the potential to reshape how modern democratic theory is understood in the present. (shrink)

edited by Ciaran Cronin and Pablo De Greiff Since its appearance in English translation in 1996, Jürgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work.Habermas's theory (...) of democracy has at least three features that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. On this account, the rights of the individual that are central to liberalism can be guaranteed only within a constitutional framework that at the same time fosters democratic rights of political participation through the public sphere. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies.These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

The aim of this article is to investigate the impact neoliberalism has in shaping the discourse of the European Union’s policy of Lifelong Learning. The literature review initially presents the theoretical framework of neoliberalism as the dominant ideological and economic paradigm of our time. Thereafter, it takes a view on how neoliberalism perceives the four objectives of the European Union’s Lifelong Learning policy, namely employability/adaptability, personal fulfillment, social inclusion, and active citizenship. Through the analysis of European Commission’s policy documents (...) on Lifelong Learning, this article explores whether these objectives, with focus on social inclusion and active citizenship, can be realized within the ideological, political, and economic framework set by the neoliberal paradigm. The data underwent Qualitative Analysis using the methods of Critical Discourse Analysis and Qualitative Content Analysis as well as Quantitative Analysis of textual data. The results indicate that only employability and adaptability seem to be compatible with the neoliberal rhetoric since the flexible and adaptable employee better serves the needs of the markets. The role neoliberalism holds for the individual is that of the consumer, product user, and voter. Therefore, the non-economic objectives of Lifelong Learning cannot be equally developed as they constitute the complete antithesis of neoliberalism’s basic principles. (shrink)

Sun Yat-Sen was a Chinese philosopher and politician, who served as the provisional first president of the Republic of China, and first leader of the Kuomintang. He argued that common blood, language, customs, religion and livelihood were the five essential elements that constituted a nation. Sun was influenced by social Darwinism in his understanding that socio-cultural forces could override the innate characteristics of race. Thus, he employed racially defined nationalism by invoking anti-Manchuism. Although China’s modernisation in the first decades of (...) the 20th century was attributed to Sen, this paper shows that his insistence on the consanguine Han race produced inconsistencies, as his racially defined nationalism and republicanism were mutually exclusive, the latter being based on the inclusion of all citizens regardless of their ethnic background. Indeed, modern nations are constituted by both naturally inherited and culturally acquired qualities of the people. Since China consists of many ethnic groups, Sen’s emphasis on consanguine Chinese race has produced a racially exclusionary nation and has caused racial conflict. (shrink)

Does the recent success of Podemos and Syriza herald a new era of inclusive, egalitarian left populism? Because leaders of both parties are former students of Ernesto Laclau and cite his account of populism as guiding their political practice, this essay considers whether his theory supports hope for a new kind of populism. For Laclau, the essence of populism is an “empty signifier” that provides a means by which anyone can identify with the people as a whole. However, the concept (...) of the empty signifier is not as neutral as he assumes. As I show by analyzing the role of race in his theory, some subjects are constituted in a way that prevents their unmediated identification with the people. Consequently, Laclau’s view should be read as symptomatic of the problems with populist logic if its adherents are to avoid reproducing its exclusions and practice a more inclusive politics. (shrink)

That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted (...) innovative strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality. (shrink)

A truly inclusive democratic politics must be understandable, or cognitively tractable, for ordinary people busy with the rest of their lives. This extends not only to everyday politics and policy, but to constitutional politics as well—non-specialist democratic citizens should be able to grasp the fundamental law that governs them and imagine their own role in shaping it as political agents. Yet these requirements raise a difficulty: in many countries, including the United States, constitutions are treated as the exclusive domain (...) of lawyers and judges. As a result, constitutional matters are typically discussed using legalistic jargon that is inscrutable even to non-specialist lawyers, let alone ordinary citizens. How then can constitutional politics be made legible to ordinary citizens? In this essay, I argue this challenge is partly one of political ideas—specifically, the ideas ordinary citizens use to think about their constitutions, or their folk constitutionalism. This may sound strange because insofar as constitutions are treated as lawyers’ exclusive turf, the problem may seem to be one of practice, not merely ideas. But popular practices of what scholars like John Finn and Elizabeth Beaumont call popular or civic constitutionalism involve citizens and social movements in transforming constitutions. These transformations often occur behind the backs of everyone involved, as new frames and understandings come to gradually transmute constitutional meaning, which in turn pervades the public political culture and reshapes the public’s constitutional imagination. I suggest we need ideas that more closely reflect what democratic citizens already do in democratic constitutional politics, so that they can do it more self-consciously and dispel the impression of an anti-democratic lack of control that recent constitutional innovations reveal to be illusory. I explore the utility of ideas of unwrittenness and functional multi-textuality to the end of a folk constitutionalism appropriate for democracy. (shrink)

How can we determine what are just boundaries or just criteria for inclusion or exclusion in contemporary states, nations, peoples, or other 'communities of justice'? As Barbieri demonstrates, recent theories of justice have failed to grapple squarely with this fundamental problem, either wholly ignoring it, or approaching it, inadequately, in terms of distributive or commutative justice, or simply declaring the problem insoluble. Developing a clear understanding of the peculiarities of constitutive justice, Barbieri contends, is a task that has important (...) implications for political philosophy as it bears on topics such as citizenship, migration, multiculturalism, self-determination, and the drafting of new constitutions. To this end, Constitutive Justice critically discusses some present approaches that promise to shed light on constitutive questions involving inclusion and the ethics of boundaries; provides an analysis of some of the central topics that plausible normative theories of constitutive justice will need to address; and develops the author's own constructive account. (shrink)

Recent work in the metaphysics of gender mostly focuses on trying to solve the exclusion problem - roughly, the problem of giving a metaphysical account of gender that doesn’t exclude anyone from their appropriate gender category. It is acknowledged that no completely satisfactory answer to the exclusion problem has yet been given in the literature; typically such theories fail to account for the diverse experiences and characteristics of trans people. One response is to adopt an anti-realism about gender properties, such (...) as Heather Logue’s gender fictionalism. I rebut the move to an anti-realism, showing that it relies on assuming a representationalism about gender vocabulary that we need not hold. I put forward a non-representationalist theory of gender properties that analyses gender vocabulary in terms of its inferential profile, rather than its representational features. This theory constitutes a deflationary realism about gender properties; it solves the inclusion problem, and guarantees the first-person epistemic authority of an individual regarding their own gender identity. (shrink)

In "Constitutional Goods" Alan Brudner presents novel conception of justice that will inform the content of the ideal liberal constitution. The content of this novel conception of justice is constituted by what Brudner describes as an inclusive conception of liberalism, and its justification is grounded on an account of public reason that is presented in opposition to that of John Rawls. I argue that we should reject both the content and justification of Brudner's conception ofjustice. Brudner is unable to (...) construct an inclusive conception of liberalism from elements of libertarianism, egalitarianism, and communitarianism, and his account of public reason lacks the properties of fairness and reciprocity that differentiate a reasonable agreement from a modus vivendi. This paper therefore defends a Rawlsian political conception ofjustice and justification from Brudner's criticisms and proposed alternatives. (shrink)

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped (...) by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines. (shrink)

Broadly speaking, exclusion for disabled people can be understood as a general lack of social and political integration within a society. Inequalities arising from the multi-dimensional causes of exclusion not only include poverty, but more fundamental aspects of societal membership such as social participation, financial autonomy, friendship, sexual citizenship, and accessibility. The articles of this thesis offer insight to the nature of the experience of exclusion for disabled people by considering specific examples of exclusion (such as the exclusion from sexual (...) citizenship, discussed in Articles I and II), and a new theoretical approach to disability (advanced in Article III). -/- Analysis of the nature of exclusion for disabled people reveals a unique set of multi-dimensional problems, and despite efforts from the disability rights community and an increased academic interest in disability studies, there has been a limited incorporation of holistic or transdisciplinary approaches to the phenomenon in works of praxis and in governmental policy. Seeking to highlight and ameliorate the experience of exclusion for disabled people, disability rights organisations advocate for greater societal integration and inclusion into the social fabric of society by offering revisionary theoretical interpretations of disability in an effort to steer social change — a devoir to which the works of this thesis contribute academically. -/- Focussing on the interplay between the nature of exclusion, rights, and basic needs, this thesis investigates the limits of the welfare state’s obligations to afford disabled people a life of eu zen, argues for greater obligations in areas such as sexual citizenship, inclusion, and presents an alternate theory of disability. The Introduction situates the articles of this thesis within a wider theoretical context that highlights the importance of social context, and focusses on the nature of exclusion and inclusion for disabled people as a complex set of societal and political disadvantages which go beyond simple poverty and social disenfranchisement. The main claim of this thesis is that the experience of exclusion for disabled people constitutes a multi-faceted and interconnected set of disadvantages and barriers that constitute a greater and more substantive set of exclusions than those experienced by other excluded groups. (shrink)

I argue that, against what is commonly believed, Spinoza’s use of the relation of constitution to characterize the relation between attributes and the essence of a substance does not indicate that, for him, there must be a numerical identity between each attribute and the essence constituted by that attribute. To do this, I follow a twofold strategy. First, I contend that the claim that because in Spinoza’s time constitution was understood as a one- to-one relation is mistaken: the main logicians (...) of Spinoza’s time, all Cartesian philosophers, believe that the constitution of an essence can be a many-to-one relation. I show that Spinoza can both accept that constitution is a many-one relation and share Descartes’ understanding of this relation. Second, I defend the claim that Spinoza’s use of constitution in the Ethics is consistent with these logicians’ account of constitution. In particular, I focus on Spinoza’s inclusion of the intellect in the definition of attribute and his definition of God. (shrink)

This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural-law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural-law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural-law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies (...) their meaning. The article argues that inclusive theories of natural law are better suited to expressing an authentic “republican” attitude.*In the seed of the city of the just, a malignant seed is hidden, in its turn: the certainty and pride of being in the right. (Calvino 1997, 162). (shrink)

A recent trend in futures studies has called for strengthening the inclusion of future generations in constitutional law. This is problematic from a practical and a normative viewpoint. This paper introduces a future-oriented theory of democratic constitutionalism that overcomes originalism (which privileges the past) and living constitutionalism (which privileges the present) without resorting to the explicit constitutional protection of the yet unborn. It is divided into five sections. The first challenges the notion that the constitutional entrenchment (...) of the non-overlapping future is the best means of implementing long time horizons in democratic legal systems. The second maintains that constitutions are substantive normative expressions of the ultimate justification of authority. The third demonstrates that the substantive dimension of constitutions is cross-temporal and includes what I call ‘the objective interests in the future’ of all members of the people. The fourth connects such objective interests with rights to political participation. The final section focuses on the cross-temporal role of constitutional adjudication. Because rights to political participation include objective interests in the future and necessarily hold the status of constitutional rights in any legitimate democratic constitution, constitutional adjudication must guarantee their enforcement over government action. (shrink)

In this article, I present two conceptual problems for Craver's mutual manipulability account of constitutive relevance in mechanisms. First, constitutive relevance threatens to imply causal relevance despite Craver (and Bechtel)'s claim that they are strictly distinct. Second, if (as is intuitively appealing) parthood is defined in terms of spatio-temporal inclusion, then the mutual manipulability account is prone to counterexamples, as I show by a case of endosymbiosis. I also present a methodological problem (a case of experimental underdetermination) and formulate (...) two partial, but fallible solutions based on the notions of parthood and synchronicity. (shrink)

Drawing upon feminist work on partiality and on the philosophy of Raimond Gaita, I argue that love for particular people can serve as a basis for including strangers in the sphere of ethically relevant individuals. While partiality for some can hinder proper treatment of others, it is also constitutive of our ability to determine the scope of morality. My line of reasoning invites the worry that hatred is as powerful in hindering moral recognition as love is in creating it. I (...) address this worry and indicate the limits of philosophy in this enterprise. (shrink)

Through narrative reflections of Jack?s story of inclusive recreational sport, the meaning of dignity in professional practice is explored. Jack?s story is one of respect, strong humiliation and embarrassment, and vulnerability. Through the lens of relational ethics, the aggression of a stranger illustrates how the lack of mutual respect, compassion and knowledge creates experiences of indignity. Jack?s story highlights how relationships can shape, constrain and enable lives. Understanding that which constitutes a dignified recreational sport context for instructors and participants opens (...) opportunities for authentic social relationships based upon respect of oneself, as well as others to emerge. Jack?s narrative further reinforces the need to create pedagogical spaces for discussions of various forms of dignity and ethical professional practice in inclusive recreational sport contexts. (shrink)

In recent years in Turkey, it has been attempted to ensure that students who need special education are educated through inclusion. In the meanwhile, it became important to reveal scientifically the educational theories on which the inclusive education is based and the approach of Islam towards inclusive education that somehow has an influence on our national education policy. This study aims to examine the educational theories on which the inclusive education is based and the Islamic approach towards inclusive education. (...) The data of the study was collected by literature review. As a result, it is possible to say that the underlying theories of inclusive education are integrated education theory, cognitive democrative theory and dysontogenesis theories. In addition, although there are no specific verses for inclusive education in the Qurʾān and the Sunnah, it can be said that Islam has an positive approach to the inclusive education in general. Depending on this result, formal education should be conducted in the context of the principle of “least restricted education environment”.Summary: It is a matter of controversy about how education that increases the potential of human beings can be given to people who differ from their peers and who need special education. In recent years, there have been two prominent views in literature on this issue: The first is the ‘discriminatory’ view, which advocates that individuals with special needs should receive education in special spaces with similar students. The second is the ‘integrative view’, which states that these students should receive inclusive education with their peers. This view defends that students with special needs should be educated in separate boarding/day special education schools and special education classes within the normal schools. Recently in Turkey it is aimed to provide education to the students who need special education mostly by means of inclusion as an alternative to the first group. For this education, which is held with the claim of a less restricted environment, the conditions of the students are constantly improved with new regulations.This study aims to reveal the theories that can be the basis of inclusive education and Islam's approach to inclusive education. In this study, I will try to find answers to the following questions.1. What are the educational theories and claims that can be the basis of inclusive education?2. What are the principles of inclusive education in the Qur’an and Sunnah?This study is important in terms of revealing general opinions that may be the basis of theoretical foundations of inclusive education and examining Islam’s approach to inclusive education. The study, which was prepared by examining the English and Turkish literature available within the scope of the possibilities, was designed with theoretical analysis method. Although ‘accessibility’, which is considered among the shortcomings of theoretical studies in literature, is an important limitation for this study, the fact that it constitutes a theoretical ground for future studies and fills an important gap in the literature determines the importance of the study.Integrated education theory, cognitive democratic theory and dyontogenesis theories can be regarded as the establishing theoretical foundations of inclusive education. Integrated education theory is based on Whitehead’s philosophy of education. This philosophy sees the individual as a whole. It does not intend to make people have a profession or make money by simply using their intelligence. Instead, it helps to ensure that both the individual and society as a whole are happy by helping them to make the most of their potential. This model is based on developing emotion, mind, body, and spirituality as a whole. The distinctness and sacredness of human life and the need to know about this sacredness are the main pillars of integrated education theory. In this model all people are seen equal. According to this theory, the “natural” as well as the “beautiful” is appreciated. Therefore, no one feels bad in such an environment because of its differences. Because of the value given to them, each individual’s love of learning and ideals remain alive. The individual makes use of his/her mind to make a connection between the meaning of life and the school.Cognitive democratic theory asserts that educational arrangements should be made to prevent any feelings of alienation, oppression, and insignificance by considering different groups in education. This theory, which emphasizes the phenomenon of democracy and citizenship, aims at social cohesion in the light of epistemological principles. The theory is based on the fact that social change and change in education support each other. According to the theory, the formation of democratic citizenship is only possible if the school environment is a place where students can internalize democratic values. This is achieved by equal consideration of each segment at different levels. According to this theory, elements such as classroom environment, discipline, program, rights, participation in decisions, educational activities should be organized according to democratic values. In such an environment, different special education students find a place for themselves.Vygotsky's dysontogenesis thesis is based on his theory of social learning. His theory provides a methodological framework for inclusion in special education. The theory states that information is obtained through social communication. In this theory, knowledge is an element that is acquired together with other people rather than something that happens in the human mind. According to this theory, instead of focusing on the brain (head), where social knowledge is formed, self, mind, emotion should be included in education. Also, disability is a social deviation rather than a biological disease. Social relations and the environment mostly shape this deviation. Therefore, the abnormal child approach that has become a place in the society should be abandoned. The theory opposes the concept of mental retardation. Because mental disability should be explained by the differences in mental development. According to this theory, mental retardation is a social problem; education should be provided with appropriate methods over the examples that can be experienced in a commonplace with their peers. Distracting the student from his/her normal peers due to his/her differences, creates negative social conditions and harms his/herself.As far as I have examined, there is no direct Qur’anic verse or phrase about inclusive education for the disabled. However, there are verses regarding the integration and solidarity of the society on righteousness. Principles for inclusive education can be drawn from these verses. The Prophet valued the disabled and settled the principles on how society should treat them. He frequently visited them, enabled them to employ appropriate jobs, determined the conditions of the economic order by considering them, and dignified them with honor. In other words, he tried to make provisions to prevent the disabled from being separated from society. For example he urged Zahir bin Itban to continue trade, asked Abdullah Ibn Umm Mektum to come to community prayers, thus he sought different ways to integrate disabled people into society. These practices can be seen as a positive outlook towards the mainstreaming education of today. In the period of the four great caliphs, practices for mainstreaming education continued. (shrink)

This article aims to make progress towards an account of social cohesion and participation in terms of which we can better understand how groups of people come to constitute stable social orders. It argues for a conceptual distinction between "inclusion" and "integration" and sheds new light on their theoretical relationship. While "integration" refers to group members' willingness to act in accordance with the given norms of a social structure, "inclusion" is linked to their participation opportunities. Although inclusion (...) also plays an essential role in integrating a normative order, levels of inclusiveness necessary for social cohesion may vary across different contexts. (shrink)

The embedding and promotion of social change is faced with aparadoxical challenge. In order to mainstream an approach to socialchange such as responsible research and innovation and makeit into a practical reality rather than an abstract ideal, we need tohave conceptual clarity and empirical evidence. But, in order to beable to gather empirical evidence, we have to presuppose that theapproach already exists in practice. This paper proposes a social labmethodology that is suited to deal with this circularity. Themethodology combines the (...) defining features of social labs emergingfrom the literature such as agility and real-world focus withestablished theories and approaches such as action research andexperiential learning. Thereby it enables the parallel investigationand propagation of RRI. The framework thus constructed provides atheoretical embedding of sociallabs and overcomes some of theknown limitations of the constitutive approaches. (shrink)

O artigo se propõe apresentar alguns elementos da cosmovisão umbandista para que possamos entender de que maneira esta legitima e ressignifica os espaços de inclusão social de parte da população brasileira. Esta cosmovisão recria e dá sentido às vidas e identidades das pessoas e, ao mesmo tempo, evidencia as exclusões sofridas ao longo das décadas. O texto busca uma compreensão dessas dinâmicas antropológicas e sociológicas baseado em algumas teorias que se debruçaram sobre a umbanda. Desde cedo afrodescendentes transitam entre universos (...) simbólicos distintos e lançam mão de sua espiritualidade para reelaborarem suas tradições criando possibilidades de jogar com papéis e identidades diversas. A Umbanda, por ser constitutivamente plural, é, muitas vezes, julgada por não ter identidade própria. Por isso alguns elementos que compõem o arranjo da cosmovisão umbandista foram levantados na expectativa de apresentar um eixo compreensivo dessa identidade religiosa. Entretanto, faz-se necessário apontar traços marcantes da Umbanda justamente para que seu caráter identitário não fique à margem de outras denominações religiosas afro-brasileiras. Palavras-chave : Umbanda. Espiritualidade. InclusãoThis article presents some elements of Umbanda worldview to a better understanding of how this religion legitimizes and reframes the spaces of social inclusion of a portion of the Brazilian population. This worldview recreates and gives meaning to the lives and identities of people and at the same time, highlights the exclusions suffered by this people over the decades. Since their early years, Brazilian Afrodescendants move between different symbolic universes and use their spirituality to redesign their traditions, creating possibilities to play with different roles and identities. Umbanda, being constitutively plural, is often judged not to have its own identity. Thus, some elements that comprise Umbanda worldview were raised with the purpose of presenting an axis understanding of this religious identity. However, it is necessary to point out some relevant features of Umbanda, so that their identity features do not stay on the sidelines of other african Brazilian religious denominations.Finally, it seeks an understanding of these anthropological and sociological dynamics, based on some theoretical currents that investigate the Umbanda. Keywords : Umbanda. Spirituality. Inclusion. (shrink)

The advent of techniques of sex selection that rely on assisted reproduction led to a questioning of whether sex selection should be deemed always and everywhere unethical. While China and India are normally associated with condemned practices, they are also implicated in processes that constitute globally stratified sex selection inclusive of its more valued form, often referred to as family balancing. Through an application of Ong and Collier’s concept of global assemblage, I demonstrate how family balancing, which has taken on (...) a “global form,” is tied to an “assemblage” of factors related to the anti-natal, population control contexts that have been pervasive in Asia. Three simultaneously occurring processes since the mid-1990s constituted stratified sex selection: the surfacing of China and India as figurative counter examples in deliberations of ethics on new techniques; active national surveillance of sex ratios as well as denunciation and criminalization of sex selective abortion in China and India; and the role of China and India in neoliberalizing population control and developing globalized markets in reproduction. Accounting for globally stratified sex selection requires a more robust interpretation of ethics that rethinks disciplinary approaches just as much as relativist ones in which respect for individual autonomy tends to overtake all other concerns. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Standards of Music Education and the Easily Administered Child/Citizen: The Alchemy of Pedagogy and Social Inclusion/Exclusion Thomas S. Popkewitz and Ruth Gustafson University of Wisconsin-Madison Educational standards are forsome a corrective device to promote the twin goals of excellence and equity by making explicit the performance outcomes ofschooling. For others, performance standards do not do what they say and install the wrong goals for teaching. But various sides (...) in the debate assume that school subjects teach the subjects and what is needed are more effective and efficient classroom practices. Our approach is different. We consider the standards of school subjects as related to the conditions of state governing. School subjects inscribe principles that administer the conduct ofthe child who is to grow into the "reasonable citizen." The Standards Movement is more than what is publicly discussed. Pedagogy embodies particular ways ofthinking or a system ofreason in which pedagogy orders who we are, who we should become, and who are not qualifiedto become that "we." If we think of modern schooling as an inscription device in the fonning of the citizen through the development ofthe child, the crux of the debate is not whether to have standards. It is how particular standards are inscribed through pedagogicalpractices. Ifwe treat school subjects as analogous to a uniform system of taxes, the developmentofuniformmeasurements, andurban planning in the modem state, our concern is with the boundaries created about the rules and standards of reason and the reasonable person. Pedagogygoverns inadoublesense: schoolmusic embodies representations that constitute the objects that children act on as real, and it generates principles to orderand patrol the borders that qualify and disqualify individuals for participation. The standards that govern music education can be thought about as an alchemy.1 The field of music is transported and translated into school subjects andpedagogical content. As the sorcerer ofthe middle ages sought to turn lead into gold, a specializedpedagogyplaces children in a new set ofrelations that is no longerthe academic field of music. Why is the alchemy important? First, the alchemy ofschool subjects is a particular system of reason that fabricates the kinds of people administered in schooling. Second, the alchemy reconfigures the sensitivities and awarenesses of the field of music to make the child's "soul" the site of administration. That soul in music and other school subjects is talked about today as personaldevelopment, self-reflection,personality, and character. Third, school subjects are sites in which the relations between the state, society, community, and individuality are worked and reworked to produce the borders ofinclusion and exclusion. The first section of this paper considers school subjects as a practice of governing that administersprinciples (orstandards ifwecanplay with that word) about who we are and should be. The second section considers psychology as the translation device that transports academic disciplines into school subjects. It may seem odd at firstglancebutthesamepsychologicaltransportation systems exist across school subjects. The historical intervention of the transportation system, we argue in the third section, has little to do with understanding music or science, but with governing the soul. In that section we examine the different cultural practices that overlap to©Philosophy ofMusic Education Review 10, no. 2 (Fall, 2002): 80-91. Thomas S. Popkewitz/Ruth Gustafson 81 generate principles that orderthe nature ofmusic, the child/childhood, teaching, and reflection and subjectivity in music education. The discussion is not about the internal structure or the goodness ofmusic education but the particular frames of reference that form the evidence and possibilities of reform in school subjects. We take up the task ofinquiry into the alchemy of music as part of a broader project to show the contingency ofthe arrangement that we live by showing how thought has played a part in holding those arrangements together and to contestthe strategiesthatgovernthehumanpossibilities. The Art ofGoverning: Standards as Mapping Who We are/to Become Themodern state governs through developing a precise system of classifications and the correct sorting devices to chart a course ofaction that will change society for the better and which will prevent any futurejoining ofthe ranks ofthe poorly performing. To govern is to develop systems ofclassification that calculate and make legiblepeople fortheadministrationofthe society and the citizen. Mass schooling is a central institution in... (shrink)

John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and (...) Marilyn Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria. (shrink)

The article deals with linguistic relativism in the decisions of the Austrian Verfassungsgerichtshof and the Czech Constitutional Court. It focuses on the Courts argumentation in which the state of language and its limiting perception of the word gender about non-binary and intersex people were used. The article conducts an in-depth analysis of two judgments. The first is the ruling of the Constitutional Court of the Czech Republic Case No. Pl. ÚS 2/20, in which the Court argued the absence (...) of gender-neutral names in Czech as one of the reasons for rejecting the constitutional complaint. The second is the judgment of the Austrian Verfassungsgerichtshof Case No. G 77/2018-9, in which the Court concluded as part of the constitutional review that the language can be adapted to the societal situation. The paper analyses selected parts of both decisions, interpreted using fundamental theses of linguistic relativism (and determinism). I argue that the Czech Constitutional Court has adopted a conservative approach without considering the current societal situation. This opened space for the unequal status of people with an alternative gender identity in society based on ignoring inclusive language, which is the exact opposite of the position of the Austrian Verfassungsgerichtshof. (shrink)

The galvanising purpose of Federation was the creation of the Commonwealth and the distribution of power between it and the former colonies, simultaneously elevated to Statehood. But beyond this simple fact, consensus about Australian federalism has traditionally been elusive and is, if anything, only increasingly so. While the contemporary political debate over federal reform proceeds from a shared sense that our existing arrangements have manifest shortcomings, there is far from unanimity as to which of its particular features are strengths, and (...) which are deficiencies. The structure of this paper is as follows. In Part II, the range of understandings as to the character of the federal relationship between Australian governments is canvassed. Consideration is given to the views of the Constitution’s Framers and commentators, but most centrally to members of the High Court since these have brought about great change in federal arrangements. The significance of the Court’s marked preference for adhering only to constitutional structure and its inability or unwillingness to develop ‘a federal jurisprudence’ is examined in two respects. First, the effect of the Court’s arid Engineers’ Case methodology has been to reject any suggestion that fidelity to a concept of ‘federal balance’ is consistent with both the contents and purpose of the Constitution and also the principles of divided government. Particular consideration is given to the limitations of a commitment to federalism in only a structural sense, as revealed by the judicial reasons of the majority and dissenting judges in the recent case of New South Wales v Commonwealth. Second, the tension between competing assumptions of the kind of federal system established by the Commonwealth Constitution has produced an unstable and uncertain environment for the development of cooperative schemes between the Commonwealth and States. In Part III we consider how an attempt to ‘constitutionalise’ the relationship between the tiers of government as one underpinned by cooperation and respect would impact on the Court’s approach. Drawing on foreign constitutions, and adapting these in light of Australia’s politico-legal conditions and history, we suggest how a commitment to cooperative federalism might best be shaped for possible inclusion in the Commonwealth Constitution. (shrink)

This paper is organized around the theme of political representation in India. Its first section deals with the changing politics of representation in India in the past two decades, the growing demands for proportional representation, and for political inclusion of two influential groups: the scheduled castes and tribes and Other Backward Classes. In the second section, representation is briefly explored in relation to women and minorities. The third section deals with some reflections on the challenges of political representation in (...) India’s diverse democracy. The author aims to account for the varied trajectories of caste, community and gender in Indian politics through an analysis of the politics of representation. The main argument developed here is that the politics of presence does not offer a resolution to the problems of under-representation nor to the more fundamental issue of the representation of the interests of constituents, especially the needs of the most vulnerable. (shrink)

States of emergency are declared frequently in all parts of the world. Their declaration routinely implies a suspension of basic constitutional rights. In the last half century, it has become the norm for constitutions to contain an explicit ‘emergency constitution’, i.e., the constitutionally safeguarded rules of operation for a state of emergency. In this paper, I ask whether inclusion of an emergency constitution can be legitimized by drawing on social contract theory. I argue that there are important arguments, (...) both against and in favor of constitutionalized emergency provisions, and that social contract theory—as applied by economists—can be of some help when deciding whether to have, or not to have an emergency constitution. This paper introduces a novel argument for justifying emergency constitutions. It argues that they can serve as a commitment mechanism protecting both citizens and politicians from overreacting to rare but significant threats. (shrink)

Australia experienced the most devastating bush-fire season in recorded history, and right after that the world economy stalled due to a global virus outbreak the severity of which has no modern precedent. Crises tend up speed paradigm shifts, and the one begun in 2020 certainly will. In this paper I will contribute to a shift that has been gathering momentum for some time now, the need for which the current crisis has made all too obvious. This is a shift in (...) Kant and Hegel influenced philosophy from thinking of ‘spirit’ (Geist) as an abstract realm or dimension insulated from nature—frictionlessly spinning without touching it, or at least with a tendency to do this as essential to it—to thinking of spirit as a life-form, situated in nature at large, just as all life is. I will work on this theme by elaborating on three broadly Hegelian ideas. Firstly, that the subjective and objective aspects of ‘spirit’, that is to say the psychological and social structures distinctive of persons and their life, are co-constitutive elements of a whole. This whole is the human life-form, or as I call it more technically ‘the life-form of persons’. Secondly, that recognition (Anerkennung) as self-transcendence and inclusion of otherness is ontologically constitutive of both, and key to their internal interrelations. Thirdly, that though freedom as collective autonomy is distinctive of this life-form, thought on the model of abstraction from necessarily determining otherness it is theoretically mistaken and put in practice pathological of the life-form in a literal sense of ‘pathology’. (shrink)

Stakeholder theory has become an influential framework for addressing organizational challenges, including those related to sustainability. Yet, the inclusion of nonhuman stakeholders in stakeholder theory is complicated by ontological and epistemological obstacles. To overcome these, we turn to art and posthumanist practice theory and examine artist-led practices by focusing on the projects of two pioneering eco-artists, Helen Mayer Harrison and Newton Harrison. In this way we identify the ontological and epistemological challenges that impede the inclusion of nonhumans into (...) stakeholder theory, showing that artist-led practices allow for the inclusion of nonhuman stakeholders in two ways: (1) by specifying the temporal, spatial, and outcome distinctions that ontologically hinder their inclusion; and (2) by explicating the reframing of knowing and the emotional and imaginative dimensions of knowing that epistemologically enable their inclusion. We expand on the theorizing of nonhuman stakeholder inclusion by understanding the inclusion of nonhumans, first, not as a fixed state that is to be achieved but rather as one that materializes and gains meaning through specific practices of knowing; and, second, not as merely the absence of exclusion but rather as a dynamic interplay, where inclusion and exclusion mutually constitute one another. By advancing stakeholder theory’s theorizing and understandings of inclusion and exclusion, we also respond to urgent and contemporary environmental challenges. (shrink)

The European Union is strategically committed to the development of nanotechnology and its industrial exploitation. However, nanotechnology also has the potential to disrupt human health and the environment. The EU claims to be committed to the safe and responsible development of nanotechnology. In this sense, the EU has become the first governing body in the world to develop nanospecific regulations, largely due to legislative action taken by the European Parliament, which has compensated for the European Commission’s reluctance to develop special (...) regulations for nanomaterials. Nevertheless, divergences aside, political bodies in the EU assume that nanotechnology development is controllable and take for granted that both the massive industrial use of nanomaterials and a high level of environmental and health protection are compatible. However, experiences such as the European controversy over agri-food biotechnology, which somewhat delegitimized the regulatory authority of the EU over technological safety and acceptability, arguably show that controllability assumptions are contestable on the grounds of alternative socio-economic and cultural preferences and values. Recently developed inclusive governance models on safety and innovation, such as “Responsible Research and Innovation”, widely claim that a diversity of considerations and issues are integrated into R&D processes. Even so, the possibility of more radically alternative constitutions of socio-technical safety seems to be seriously limited by the current ideology of innovation and economic imperatives of the global, knowledge-based, capitalist economy. (shrink)