Jon Elster's notion of 'local justice systems' helps recon ceive sustainable development in several fresh ways. Keeping options open for the future use of resources turns out to be a justice/injustice cycle: the more sustainable development becomes a global phenom enon, the more locally unjust its uniform application would necess arily be. The more uniform the application, the greater the local pressure for suitably varied alternatives. But the more varied the applications, the greater the chance of (...) global injustice arising from the decentralization and lack of coordination on the ground. In this way, sustainable development must be seen as not ending when unjust global systems become more just, but rather as continuing through a set of iterations whose moments include a rejection of an overly globalized sustainable development. Key Words: Jon Elster • local justice systems • sustainable development. (shrink)

The paper focuses on the application of a particular conception of the rule of law to situations characterized by traditional local justice and legal pluralism. While in the twentieth century international rule‐of‐law programmes were directed almost exclusively at state legal system, they have recently begun to take into account traditional local justice, namely, those institutions which in many world regions represent the main form of effective justice. Starting with a review of the positive and negative (...) aspects of traditional local justice from a rule‐of‐law perspective, the paper underlines the widespread lack of protection of human rights, particularly of women’s rights. Discussing vertical rule‐of‐law functions in contexts of legal pluralism the paper stresses the advantages of an approach to the promotion of the rule of law based on mutual recognition and influence between different legal authorities and sources. It is argued that this “interactive” approach appears best suited to the complex frameworks of relations that characterize present‐day systems of deep legal pluralism. Finally, the paper underlines the correspondence between this approach and a conception of the rule of law as an ideal framework of plural interactions characterized by the limits imposed on the law by the law itself, and it discusses its advantages from the perspective of human rights and women’s rights promotion. (shrink)

In the absence of comprehensive immigration reform at the federal level, many American states and localities are undertaking their own legal reforms. The new state and local laws have been challenged by immigrant-rights organizations and individuals on the grounds that the federal government has already pre-empted the field. The lawsuits bring a new narrative voice—that of judges—into the boiling U.S. immigration debate. Judges engage the controversy over local enforcement of immigration enforcement, as they have other contentious disputes, both (...) as pragmatic decision-makers and as spokespersons for justice. The tensions this dual role entails are explored here in the context of a single, controversial case. Close-up analysis of the judge’s narrative strategy reveals a range of specific techniques to create moral distance from a decision, combined, ironically, with the enlistment of moral themes to justify the ruling. The inter-twining of rule-of-law and justice rhetoric mirrors and also shapes a broader politics of justice in the United States. (shrink)

Pressure from the public and non-governmental organisations is pushing lead companies in the cocoa and chocolate sectors towards becoming more environmentally sustainable and socially just. Because of this, several sustainability programmes, certification schemes and delivery initiatives have been introduced. These have changed the relationship between chocolate companies, cocoa exporters, and small-scale farmers. This paper observes how large companies in the cocoa export and consumer markets are shifting away from their traditionally remote position in the cocoa sector. The pressure to ensure (...) sustainability and justice has provoked more mutually dependent relationships with cocoa producers. Our analysis outlines the implications this emerging reconfiguration of global-local relationships has for procedural justice principles of interdependence and refutability, and the distributive justice principles of need and equity. These principles are important because they enable the different dimensions of inclusion: ownership, voice, risk, and reward. This paper highlights and qualifies arrangements surrounding these justice principles that manifest in the way five service delivery initiatives - associated with sustainability programmes and led by major buying companies in Ghana’s cocoa sector – are implemented. We show inclusiveness as an outcome of dynamic global-local relationships that are constantly reworked in response to smallholder farmers’ agency and state regulations. Portraying inclusiveness as an outcome of interactions changes its conceptualisation from a predefined ethical standpoint included in the design of standards to a result of unfolding mutual dependencies, which refashion how inclusive agriculture value chains work. (shrink)

Procedural justice, or the ability of people affected by decisions to participate in making them, is widely recognized as an important aspect of environmental justice. Procedural justice, moreover, requires that affected people have a substantial understanding of the hazards that a particular decision would impose. While EJ scholars and activists point out a number of obstacles to ensuring substantial understanding—including industry’s nondisclosure of relevant information and technocratic problem framings—this article shows how key insights from Science and Technology (...) Studies about the nature of knowledge pose even more fundamental challenges for procedural justice. In particular, the knowledge necessary to inform participation in decision making is likely not to exist at the time of decision making, undermining the potential for people to give their informed consent to being exposed to an environmental hazard. In addition, much of the local knowledge important to understanding the consequences of hazards will develop only after decisions have been made, and technoscientific knowledge of environmental effects will inevitably change over the period during which people will be affected by a hazard. The changing landscape of knowledge calls into question the idea that consent or participation during one decision-making process can by itself constitute procedural justice. An STS-informed understanding of the nature of knowledge, this article argues, implies that procedural justice should include proactive knowledge production to fill in knowledge gaps, and ongoing opportunities for communities to consent to the presence of hazards as local knowledge emerges and scientific knowledge changes. (shrink)

The book will take instances of 'justice' in one jurisdiction and use global examples to illustrate how ambiguous the concept of 'justice' can be.

This article explores how structural failures in major federal environmental regulations —which set a foundation for environmental protections nationwide— have helped create many of the environmental injustices that people of color and low-income communities experience. It continues by examining how local governments have reinforced and compounded the failures in the federal environmental regulatory framework, particularly through local land use decisions. Although states play an important role in environmental policymaking, we propose that local governments are uniquely positioned to (...) utilize a health justice approach to address environmental health inequities. This approach centers partnerships between frontline communities and local governments to develop just solutions that fill gaps within the federal environmental regulatory system and anticipate and mitigate the compounding effects of environmental health inequities. (shrink)

The local food movement has been touted by some as a profoundly effective way to make our food system become more healthy, just, and sustainable. Others have criticized the movement as being less a challenge to the status quo and more an easily co-opted support offering just another set of choices for affluent consumers. In this paper, we analyze three distinct sub-movements within the local food movement, the individual-focused sub-movement, the systems-focused sub-movement, and the community-focused sub-movement. These movements (...) can be combined within any particular campaign or within the goals of any particular organization or individual activist, but they are nevertheless quite different from each other, and come out of different conceptualizations of what food, people, and locality are. We argue that most of the critiques leveled against local food are actually directed against the individual-focused sub-movement, which is most compatible with the current industrial food system, and perhaps not surprisingly receives the most mainstream attention. Further, we argue that while each movement has its own strengths and weaknesses, it is the community-focused sub-movement that has the most potential to radically transform the global food system. (shrink)

This article presents findings from a qualitative case study of the Truth and Reconciliation Commission (TRC) in rural Sierra Leone. It adds to the sparse literature directly evaluating local experiences of transitional justice mechanisms. It investigates the conceptual foundations of retributive and restorative approaches to postwar justice, and describes the emerging alternative argument demanding attention be paid to economic, cultural, and social rights in such transitional situations. The article describes how justice is defined in Makeni, a (...) town in Northern Sierra Leone, and shows that the TRC’s restorative approach was unable to generate a sense of postwar justice, and was, to many, experienced as a provocation. The conclusions support an alternative distributive conception of justice and show that local conception of rights, experiences of infringement and needs for redress, demand social, cultural, and economic considerations be taken seriously in transitional justice cases. (shrink)

Transitionaljustice mechanisms and the International Criminal Tribunal for the FormerYugoslavia (ICTY) have had only a limited success in overcoming ethnic divisionsin Bosnia-Herzegovina. Rather than elaborating upon the role of local politicalelites in perpetuating ethnic divisions, we examine ordinary peoples’ popularperceptions of war and its aftermath. In our view, the idea that elites havecomplete control over the broader narratives about the past is misplaced. Weargue that transitional justice and peace mechanisms supported by externalactors are always interpreted on the ground (...) in context-specific ways, creatingdifferent citizens’ experiences, “memories” of the war, and their respectivehopes and disappointments in regards to the relationship between peace andjustice in Bosnia. We suggest that analyses of the post-conflict developments inBosnia-Herzegovina must take into account what gives the narratives ofexclusion their power, and what are the objective political, social andeconomic constraints that continue to provide a fertile ground for theirwidespread support. (shrink)

Refugee protection depends, minimally, on the identification of agents capable of discharging international obligations in this area of international law. Commonly discussed “agents of justice” include states, IOs, and NGOs. This article focuses on a different set of actors: subnational units (cities, states, and provinces in federal States) and the legal mechanisms they may use to discharge international obligations in the area of refugee protection. I advance three distinct theoretical models for understanding subnational units’ responsibilities vis-à-vis international law: (1) (...) derived delegated responsibilities; (2) derived back-up responsibilities; and (3) assumed responsibilities. I conclude by sketching some ways in which subnational units could play an even more salient role in the promotion of international law. (shrink)

This paper is a case study of what Jon Elster calls "local justice"; particular schemes of justice which, on a relatively autonomous basis, are designed and implemented by institutions and practices to meet particular preferences and goals. The paper suggests an interpretation of the role of justice in sporting games. First, a framework for examinations of schemes of local justice is suggested. Second, norms are suggested that express the requirements that have to be met (...) in order to consider a sporting game as just. The discussion shows that sports are characterized by a particular blend of meritocratic justice in which goods and burdens are distributed according to performance, and a non-meritocratic distribution through which goods and burdens arise as matters of chance. The essay concludes by arguing that the optimal blend of meritocratic justice and chance results in the realization of not merely fair sporting games, but of exciting and good games as well. (shrink)

Amidst expanding interest in local food and agriculture, food banks and allied organizations across the United States have increasingly engaged in diverse gleaning, gardening, and farming activities. Some of these programs reinforce food banks’ traditional role in distributing surplus commodities, and most extend food banks’ reliance on middle class volunteers and charitable donations. But some gleaning and especially gardening and farming programs seek to build poor people’s and communities’ capacity to meet more of their own food needs, signaling new (...) roles for some food banks in promoting community food security and food justice. This article reports the results of a national survey and in-depth case studies of the ways in which food banks are engaging in and with local agriculture and how this influences food banks’ roles in community and regional food systems. The patterns it reveals reflect broader tensions in debates about hunger relief and food security. (shrink)

In the early 2000s, the development of local food systems in advanced industrial countries has expanded beyond creation and support of farmers’ markets and community supported agriculture farms and projects to include targeted Buy Local Food campaigns. Non-governmental groups in many U.S. places and regions have launched such campaigns with the intent of motivating and directing consumers toward more local food purchasing in general. This article examines the current manifestations and possibilities for social justice concerns in (...) Buy Local Food campaigns, by considering them within the more general category of “selective patronage“ campaigns. Historical campaign examples, such as Buy Union, Buy American, and Buy Black campaigns, offer instructive comparisons to contemporary consumer campaigns promoting local food. Through examining the construction of threats, intended beneficiaries, products to be avoided, and those to be preferentially selected, the paper demonstrates how selective patronage campaigns have emphasized social justice needs and concerns for designated groups in ways that have been potentially exclusionary of other disadvantaged groups and thus undermining of social justice more broadly. As a contemporary instance of “selective patronage,“ Buy Local Food campaigns exhibit similar contradictory impulses, which are intensified by the conceptual and practical pitfalls in designating “local.“ The article concludes by considering how the challenges and prospects for commitments to social justice in local food consumer campaigns reinforce the importance of emerging initiatives centered on domestic fair trade. (shrink)

Pursuing Justice in Africa focuses on the many actors pursuing many visions of justice across the African continent--their aspirations, divergent practices, and articulations of international and vernacular idioms of justice. The essays selected by editors Jessica Johnson and George H. Karekwaivanane engage with topics at the cutting edge of contemporary scholarship across a wide range of disciplines. These include activism, land tenure, international legal institutions, and post-conflict reconciliation. Building on recent work in sociolegal studies that foregrounds (...) class='Hi'>justice over and above concepts such as human rights and legal pluralism, the contributors grapple with alternative approaches to the concept of justice and its relationships with law, morality, and rights. While the chapters are grounded in local experiences, they also attend to the ways in which national and international actors and processes influence, for better or worse, local experiences and understandings of justice. The result is a timely and original addition to scholarship on a topic of major scholarly and pragmatic interest. Contributors: Felicitas Becker, Jonathon L. Earle, Patrick Hoenig, Stacey Hynd, Fred Nyongesa Ikanda, Ngeyi Ruth Kanyongolo, Anna Macdonald, Bernadette Malunga, Alan Msosa, Benson A. Mulemi, Holly Porter, Duncan Scott, Olaf Zenker. (shrink)

Struggles for gender justice by women's movements have sought to give legal recognition to gender equality at both national and international levels. However, such society-wide goals may have little resonance in the lives of individual men and women in contexts where a culture of individual rights is weak or missing and the stress is on the moral economy of kinship and community. While empowerment captures the myriad ways in which intended and unintended changes can enhance the ability of individual (...) women to exercise greater control over their own lives, it does not necessarily lead to their engagement in collective struggles for gender justice. This paper argues that ideas about citizenship, as both legal status and potential for action, can help bridge this gulf between institutional and individual change. It draws on empirical research from Afghanistan and Bangladesh to explore the extent to which efforts to empower women by development organisations have also encompassed discourses of citizenship which allow them to articulate, and act on, their vision for a just society. (shrink)

The article is devoted to the study of the development patterns of the local government system in the Russian Federation. The submission to the State Duma of the Russian Federation of the draft Federal Law «On the general principles of the organization of local self-government in the unified system of public authority» in December 2021 means the preparation of a new stage of municipal reform and makes it relevant to study long-term changes in the institutional organization of (...) class='Hi'>local self-government. The purpose of the study is to analyze changes in the structure of local self-government bodies and the rules of their formation at each stage of the development of this institution, as well as to identify the main patterns of this process. The analysis of the legislative base regulating the structure and rules of formation of local self-government bodies has been carried out. The data related to the development of the local government system provided by the Ministry of Justice of the Russian Federation were analyzed. It is shown that the structure of local self-government bodies has not undergone significant changes. However, there have been changes in the ways of forming local self-government bodies, which reflect the trend towards their loss of institutional independence and integration into a single system of public power. This trend appeared at the stage of implementation of the Federal Law on Local Self-Government in 2003 and was consolidated in the new Draft law on Local self-government submitted to the State Duma of the Russian Federation in 2021. It is concluded that there is a tendency to increase the dependence on federal and regional legislators of local self-government bodies. For the institute of heads of municipalities, the loss of institutional independence was clearly manifested by the introduction of the procedure for electing heads by competition, displacing both election at municipal elections and election from the Council of Deputies. The formation of representative bodies, having passed the stage of delegating deputies to higher levels, returns to the model of direct elections. However, this happens in the context of the rejection of a two-tier system of local self-government. (shrink)

Despite projected devastating impacts on human communities, the US still lacks comprehensive national policies aimed at reducing greenhouse gas emissions. This vacuum has provided the space for a surge of promising sustainability and climate action planning efforts at the state and local level. Meanwhile, according to the National Low Income Housing Coalition’s (2015) Out of Reach Report, ‘there is no state in the US where a minimum wage worker working full time can afford a one-bedroom apartment at the fair (...) market rent’. We are calling for a reimagining of local climate action planning that encourages policies and programs designed to reduce GHG emissions from the built environment while explicitly and comprehensively addressing the affordability component. With equitable local climate action planning, we can address both environmental and social justice issues. (shrink)

Many advocate practices of ‘local food’ or ‘locavorism’ as a partial solution to the injustices and unsustainability of contemporary food systems. I think that there is much to be said in favor of local food movements, but these virtues are insufficient to immunize locavorism from criticism. In particular, three duties of international ethics—beneficence, repair and fairness—may provide reasons for constraining the developed world’s permissible pursuit of local food. A complete account of why (and how) the fulfillment of (...) these duties constrains locavorism will require extensive empirical evidence about the relationship between agricultural demand-led industrialization, international trade (rules), and local food practices. In this paper I can only gesture at some of this evidence and, for that reason, my policy prescriptions are merely provisional. Instead, the upshot of this paper is that advocates of locavorism ought to be attentive to the empirical-dependence of the moral permissibility of their projects. As local food ‘scales up’—and comes to be embraced as a goal of political communities—these concerns should receive even greater attention. (shrink)

Local food projects are steadily becoming a part of contemporary food systems and take on many forms. They are typically analyzed using an ethical, or sociopolitical, lens. Food focused initiatives can be understood as strategies to achieve ethical change in food systems and, as such, ethics play a guiding role. But local food is also a social movement and, thus social and political theories provide unique insights during analysis. This paper begins with the position that ontology should play (...) a more prominent part in the analysis of local food movements, as this lens could provide unique insights into basic commitments guiding such initiatives. The paper presents the argument that ontological analyses are imperative for fully understanding local food movements. It then provides an overview of the justice frameworks and ontological orientations that guide two dominant types of initiatives: Those committed to increasing food security and those committed to food sovereignty. The paper ends with the argument that food sovereignty projects are revolutionary, not only because they challenge us to change industrial food practices, but also because they are built on a radical new political ontology, and co-constitutive food-focused orientation, that forms the foundation for alternative social and political structures. (shrink)

Large-scale land acquisitions (LaSLA), otherwise ‘land grabbing’ in Sub-Saharan Africa (SSA), raise difficult normative questions the current literature does not sufficiently explore. LaSLA is associated with development opportunities; however, it also threatens the well-being of local people because of displacement and dispossession. To investigate the processes and outcomes for LaSLA to be considered as ‘just and fair,’ we evaluate the impacts of a LaSLA project on local livelihoods in Tanzania. Specifically, we apply John Rawls’ Theory of Justice (...) to the project and compare the results with empirical insights gained from our fieldwork. We find that LaSLA has the potential to improve the living standards of local people, we cannot consider LaSLA as just and fair because it contradicts Rawls’s principles of justice and deteriorates the livelihoods of local people. Our findings suggest that it is critical to scrutinize LaSLA investments, involve local people in decision-making, and build the capacity of host governments to negotiate better LaSLA deals. (shrink)

Abstract Benefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation. Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop (...) commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century. (shrink)

Since the beginning of the new millennium, initiatives known as roundtables have been developed to create voluntary sustainability standards for agricultural commodities. Intended to be private and voluntary in nature, these initiatives claim their legitimacy from their ability to ensure the participation of all categories of stakeholders in horizontal participatory and inclusive processes. This article characterizes the political and material instruments employed as the means of formulating agreement and taking a variety of voices into consideration in these arenas. Referring to (...) the specific case of the “Roundtable on Sustainable Palm Oil”, I undertake a detailed analysis of the tensions relating to different forms of participation, which create a gap between “local minority voices” and international stakeholders—either non-governmental organizations or industries. Local communities and small-scale farmers face difficulties when making their voices heard in the form of debate proposed. Firstly, some participants attempt to re-impose a vertical hierarchical relationship between small-scale farmers or affected communities and company managers/directors in order to deprive the former of their powers of representation and of being able to transform reality. Secondly, the liberalism of interest groups in the roundtable accords value to experts, global knowledge, strategy, and detachment, at the expense of other capabilities of rooted or attached people who come to defend their real lives with a desire to raise critical issues of injustice. In this context, I highlight the capacity of local NGOs to relieve some of those tensions and to help locally affected communities and small-scale farmers introduce public stages for debates, by accommodating other forms of participation apart from the liberal one. By being close to and by restoring their dignity through a specific work of solicitude and care, local NGOs prepare affected people for public speaking. (shrink)

Emerging as an intersectional response to social inequalities perpetuated by the mainstream food movement in the United States, the food justice movement is being used by marginalized communities to address their food needs. This movement relies on an emancipatory discourse, illustrated by what I term intersectional agriculture. In many respects, the mainstream food movement reflects contention between marketization (corporate agriculture) and social protectionist (local food) discourses, while the role of food justice remains somewhat unclear as it relates (...) to the mainstream movement. Each movement attempts to restructure the ways in which food is distributed, consumed, and produced, impacting the social, cultural, political, economic, and environmental dimensions of food. Using the lens of Nancy Fraser’s triple movement framework, I construct an interpretation of food justice as the emancipatory pole of what I term the triple food movement to explore the role of food justice as it relates to the mainstream movement. Specifically, I draw upon the cases of black farmers and queer people in the U.S. creating and (re)creating spaces to address their community food needs and counter systems of domination constructed around race, class, gender, sexuality, agriculture, and food. (shrink)

In this paper I argue that resource allocation in publicly funded medical systems cannot be done using a purely substantive theory of justice, but must also involve procedural justice. I argue further that procedural justice requires institutions and that these must be “local” in a specific sense which I define. The argument rests on the informational constraints on any non-market method for allocating scarce resources among competing claims of need. However, I resist the identification of this (...) normative account of local justice with the actual approach to local decision-making taken within the UK National Health Service. I illustrate my argument with reference to the case of provision of In Vitro Fertilisation within the UK NHS. (shrink)

I examine some of the main philosophical, conceptual and normative issues in Colleen Murphy’s recent book The Conceptual Foundations of Transitional Justice (2017). I am sceptical whether we need yet another theory of justice to fit particular ‘transitional circumstances’, as Murphy argues. Instead, before presenting an alternative normative, ‘moral’ theory, we need to re-examine the very concept of transitional justice. I examine particularly the following. Firstly, what we really mean by ‘transitional justice’ in various contexts; and (...) I argue that transitional justice is not, as Murphy argues, ‘a special kind of justice’ needed during certain periods of political and social change. Transitional justice is rather an escape route from difficult questions of justice that transitional societies must deal with to maintain the delicate balance between justice and peace. Currently, the concept of transitional justice refers most directly to the overarching and expanding ‘toolkit’ of various mechanisms and processes used in post-conflict reconstruction. It is not quite clear how this toolkit fits with current debates on global, international, regional and local justice. Indeed, I would have preferred that Murphy focus on the complex conceptual foundations of transitional justice, rather than build a theory that conceptually and foundationally remains complex and ambiguous. (shrink)

Are there independent standards of justice by which we are to measure our activities, or is justice itself to be understood in relativistic terms that vary with locality or historical period? I wish to examine briefly how far two inconsistent positions can both be accepted. I suggest that perhaps our ordinary understanding of reality itself—and in particular political reality—is essentially the outcome of a time of contest, and that there are areas of political reality where matters may be (...) best seen as still being contested. I thus question the need for a single internally consistent point of view, as if it alone were the answer to any particular political problem, and propose that a shared belief that reality is inconsistent may be a viable solution. Using the political scenario of Northern Ireland, I argue that justice requires the deliberate and institutionalised toleration of inconsistent views of the world. (shrink)

The book reflects academically on important and relevant ethical fields from a multidimensional South African context. The book challenges conventional borders from different ethical, theological, philosophical, economic and cultural perspectives with insight and expertise and seeks to add academic-ethical value, locally and globally, with its different points of departure deeply embedded in justice. From a mainly qualitative methodological perspective, this scholarly book demonstrates that ethics requires analytical thinking and critical people who, in an existentially and emancipatory way, can help (...) make the world a more just, decent and humane place in which to live. The authors, who represent different academic and cultural backgrounds, present in their respective chapters their research systematically, intersectionally and constructivistically, based on profound theoretical analysis and reasoning. This epistemology results in an act of knowing that actively gives meaning and order to the reality to which it is responding. By doing this, they point out that people are in an ongoing process of becoming more human – allowing ourselves and our fellow human beings to flourish and to reach fuller potential through justice-based ethical reflection and action. (shrink)

This paper uses the concept of epistemic injustice to shed light on the discriminatory treatment of experts in and by development aid. While the literature on epistemic justice is largely based on...

A theory of justice for the basic structure of society may constrain though not directly govern colleges. The principle of "equal opportunity" commonly applied to jobs either does or does not apply to varsity opportunities. If it applies, it interdicts sex discrimination but, one fallacious argument notwithstanding, it states no obligation to expend resources on new teams. If it does not apply, an analogue of Rawls's difference principle may appropriately constrain inequalities between the sexes. In either case the preferences (...) of a majority of the sex affected by any inequality are pivotal in fashioning any tenable distributive policy. Those preferences are neglected by a government policy that assimilates equal opportunity to equality of (i) the ratio of male:female varsity athletes and (ii) the ratio of male:female students. It is argued that such policy rests on affirming the consequent. Its effects include misallocations of resources and overvaluation of athletics. It is argued that what should approximately be equal is competitive access, the ratio of available positions to aspirants, for each sex. Two versions of a principle of equal competitive access are proposed, the recommended one of which pertains to teams whose net consumption of resources is positive. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:134 When the woman saw that the fruit of the tree was good for food and pleasing to the eye, and also desirable for gaining wisdom, she took some and ate it —­Genesis 3:6 Abstract Aesthetics has emerged as an important battleground in the moral quest for a lower carbon society. Especially in the case of proposed wind farms (an environmentally benign technology in terms of low carbon emissions), (...) opponents frequently refer to the unsightly machines creating negative landscape impacts and ruining the view. This essay seeks to reflect on the particular ways in which visual aesthetics are framed and mobilized in this moral debate. Exploring the dividing lines between pictoral and more-­ than-­ representational approaches I ask if the moral dilemmas in our landscape decisions (e.g. individual rights to beauty or collective duties toward future generations) are obscured by physical or visual realms. The largely invisible nature of wind, electricity and climate change, set within the physical and tangible nature of landscapes and turbines, challenges us to experience the aesthetics of landscapes-­ with-­ machines through more creative and engaging means that are not limited to visibility, nor deaf to morality. SIN, DUTY, AND THE AESTHETICS OF NATURE As the first act of sin in the bible, Eve’s consumption of a visually aesthetic fruit led to humans being banned from the Garden of Eden. Looking at the above sentence more closely, we could even argue that “good for food” is not a positive condition (e.g. tasty, nourishing), but Justice in the Eye of the Beholder? ‘Looking’ Beyond the Visual Aesthetics of Wind Machines in a Post-­Productivist Landscape DAN VAN DER HORST Dan van der Horst / Justice in the Eye of the Beholder? 135 rather the absence of a negative (e.g. inedible), whilst “also desirable” may sound like the hunger for wisdom was only a secondary, additional attraction. The sentence thus draws attention to the key role of aesthetics in the making of a moral decision; would Eve have eaten the forbidden fruit if it was not “pleasing for the eye”? Aesthetic judgments may be informed by a range of factors, but as this bible quote illustrates, morality is key among them. Associations between right and wrong on the one side and beauty or ugliness on the other, are not exactly rare in written history, be they religious, literary or scholastic works. As a marked contribution to the latter, Immanuel Kant has paid particularly close attention to the links between aesthetics and morality, arguing amongst others that any universal agreement in judgments of the sublime must rest on an appeal to moral feelings.1 But universality is not the only logical link between aesthetic judgementandmorality.Peoplecanfeelasenseof‘duty’tofindcertainthings beautiful e.g. because that is the aesthetic judgment of the group they aspire to belong to.2 Whilst this sense of duty can refer to social conditioning and group belonging, it also has resonance for landscape aesthetics at a time of anthropogenic climate change (a universal threat) when we must “learn to love the low carbon landscape.”3 This presents a point of departure from the debate on the moral obligation of preserving aesthetically pleasing landscapes (as we tend to do through legal designations, e.g. national parks), an ethical logic which leads, to use the words of Holmes Rolston, “from beauty to duty.”4 Moreover a posi­ tive aesthetical appreciation of a landscape because it accommodates low carbon technologies, would potentially require an inverse ethical logic, i.e. from duty to beauty.5 Notwithstanding the clear conceptual links between moral and aesthetic judgment, in everyday life it may be far less clear what kind of moral issues may underpin particular expressions of aesthetic sensibility. This can be particularly problematic for the deployment of environmental technologies (i.e. technologies pursued to reduce pollution ) that have significant landscape footprints. That is where we can find universal moral claims demanding environmental action for the common good rubbing up against aesthetic landscape judgments in places where such developments are proposed. This produces an unsatisfactory situation in which the deployment of clean technologies ENVIRONMENT, SPACE, PLACE / VOLUME 10 / ISSUE 1 / 2018 136 is delayed, tensions within local communities may increase... (shrink)

'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal (...) and political thought between law, justice, and community, but theories abound, without any agreement over concepts.The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike. (shrink)

Les crises économiques, financières, politiques, sociales, morales et écologiques se succèdent et s'entremêlent à l'échelle globale, au travers d'une mondialisation qui, dans la concrétisation de l'universel, traduit un jeu dual (global-local) dans lequel l'universalisation des conditions d'accès à l'universel fait défaut. L'extrême pauvreté dans les " sociétés non libérales " et le recul des libertés en termes de " capabilités " des plus vulnérables nous interpellent tous sur la glocalisation des grands maux sociétaux qui affligent en l'occurrence les plus (...) mal lotis et requièrent ainsi de nouvelles interrogations sur la pensée de John Rawls à propos de la solidarité et de la justice dans les relations internationales. Le glocaliste Thomas Pogge, qui mesure fort bien les enjeux de la conception de la justice comme équité à l'horizon cosmopolitique, se positionne en s'opposant à Rawls sur ce sujet. Le " principe de différence global " qui manque dans les politiques publiques et les institutions de redistribution de richesses est le point nodal de la discussion dans ce livre. Avec le souci d'établir les jalons d'un " développement glocaliste " juste et équitable, Daniel Noumbissié Tchamo ouvre un débat en philosophie pratique sur la distribution des richesses et les nouvelles considérations sur le développement dans une société mondiale glocalisée. (shrink)

Searching for the specific contribution of the life sciences to global justice in agriculture and food, one is faced with six global problems that haunt the world today. These are: population growth (9.2 billion by 2050); the gap between poor and rich peoples; hunger and obesity; increasing environmental pressures; climate change; and instable power relations and systems. Most of them seem to have a strong connection with the dominant system in agriculture which is high input and capital- and resource-intensive (...) with high energetic output (food), at the cost of other factors important for sustainable development, like food quality, fresh water and liveable temperatures. However, beside this dominant system there is a plurality of other, often local, agricultural systems that don't have these disadvantages or have them in a lesser degree, and they are in particular located in the South. The current prominent perspectives on global justice, like the consequence-oriented one of Peter Singer and the rights- and institutions-oriented one of Thomas Pogge, neglect the importance of plural and local agricultural and food practices for sustainable and fair global development. Partly complementary to these perspectives, Amartya Sen has developed a capabilities approach that emphasises human capacities and the role of democracy. In complementing his approach we develop an agency- and practice-oriented perspective that stresses the importance of networking the agricultural practices that strive to enhance the quantity and quality of food systems. The tasks of the life sciences for agriculture and food would then be to develop technologies that take into account the plural practices of the poor in the production, processing and consumption of food. This whole chain oriented approach requires from life scientists more than just doing research in laboratories; their task is also to connect their laboratory work with farmers' practices and experiments. (shrink)

How can we confront the problems of diminished democracy, pervasive economic inequality, and persistent global poverty? Is it possible to fulfill the dual aims of deepening democratic participation and achieving economic justice, not only locally but also globally? Carol C. Gould proposes an integrative and interactive approach to the core values of democracy, justice, and human rights, looking beyond traditional politics to the social conditions that would enable us to realize these aims. Her innovative philosophical framework sheds new (...) light on social movements across borders, the prospects for empathy and solidarity with distant others, and the problem of gender inequalities in diverse cultures, and also considers new ways in which democratic deliberation can be enhanced by online networking and extended to the institutions of global governance. Her book will be of great interest to scholars and upper-level students of political philosophy, global justice, social and political science, and gender studies. (shrink)

Providing healthcare services frequently involves cognitively demanding tasks, including diagnoses and analyses as well as complex decisions about treatments and therapy. From a global perspective, ethically significant inequalities exist between regions where the expert knowledge required for these tasks is scarce or abundant. One possible strategy to diminish such inequalities and increase healthcare opportunities in expert-scarce settings is to provide healthcare solutions involving digital technologies that do not necessarily require the presence of a human expert, e.g., in the form of (...) artificial intelligent decision-support systems (AI-DSS). Such algorithmic decision-making, however, is mostly developed in resource- and expert-abundant settings to support healthcare experts in their work. As a practical consequence, the normative standards and requirements for such algorithmic decision-making in healthcare require the technology to be at least as explainable as the decisions made by the experts themselves. The goal of providing healthcare in settings where resources and expertise are scarce might come with a normative pull to lower the normative standards of using digital technologies in order to provide at least some healthcare in the first place. We scrutinize this tendency to lower standards in particular settings from a normative perspective, distinguish between different types of absolute and relative, local and global standards of explainability, and conclude by defending an ambitious and practicable standard of local relative explainability. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the (...) most beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

This book assesses the rapid transformation of the political agency of religious groups within transnational civil society under conditions of globalization weakening sovereign nation-states. It offers a synthesis of the resurgence of Jasper's axial thesis from distinct lines of research initiated by Eisenstadt, Habermas, Taylor, Bellah, and others. It explores the concept of cosmoipolitanism from the combined perspectives of sociology of religion, critical theory, secularization theory, and evolutionary cultural anthropology. At the theoretical level, cosmoipolitanism prescribes how local, national, transnational, (...) global, and virtual spaces ought publically to engage in transcivilizational discourse without presuming the secular assumptions tied to cosmopolitanism. Employing insights of critical theory, this book offers a micro-level analysis of the pragmatics of discourse of each axial tradition contributing to the role of religion within multiple modernities. While circumscribing the particular historical limits of each tradition, the book extends their internal claims to species universality in light of the potential for boundless communication Jaspers saw initiated with the Axial Age. In Jon Bowman's novel and important work, he rethinks the challenges of global justice. Bowman is not just concerned with global justice in the modern world, but with a genealogy that begins with a better understanding of the Axial age, one that is also the unique signature of cosmoi-political institutions. Arguing with depth and precision, Bowman challenges Kantian and Rawlsian universalism. His argument provides a new interpretation of cosmopolitan justice as he explores the deeper roots of cosmopolitan justice. James Bohman Saint Louis University Jon Bowman's Cosmoipolitan Justice is an important, innovative and timely work. Construing globality in terms of pervasive conditions of worldwide interdependence, Bowman advances a decidedly pluralistic account of cosmopolitanism, one uniquely shaped by recent theories of multiple modernities. His analysis is sustained by a highly informed appropriation of such diverse thinkers as Theodor Adorno, Abudullah An-Naim, Talad Asad, Schmuel Eisenstadt, Jürgen Habermas, Karl Jaspers, John Rawls, Amartya Sen, and Charles Taylor. One special feature is the book's synthesis of research on global governance with that on post-secularity and the place of religion in the public sphere. On this basis Bowman presents a distinctive account of the world's axial religions, one underwriting a multi-polar, intercultural global public realm able to address social, political, and economic issues confronting the global community today. This book should be of great interest to students and scholars in philosophy, political theory, international relations, sociology, and religious studies. Professor Andrew Buchwalter Department of Philosophy University of North Florida. (shrink)