Ethics, Politics & Society

Judicial Review, Plural Weighted Voting, and Democracy

Harald Borgebund , Matt Matravers — Wed, 10 Apr 2024 00:00:00 +0000

This paper examines an important argument that has received little attention despite its wide implications. This is the claim that judicial review can be equated with plural weighted voting (PwV) because both are justified as instruments to achieve better outcomes, and both violate political equality. We take this argument to be a reductio: given that plural voting is unacceptable, judicial review must be rejected. If correct, this claim threatens to undermine much recent liberal democratic theorising. We argue that none of the obvious routes to distinguish judicial review from PwV offer a convincing way to distinguish these two schemes. Furthermore, this has important implications for how we should understand judicial review. The result is thus significant not only for the particular issues mentioned, but also for our understanding of the role instrumental justifications play in democratic theory.

Rawlsian Anti-Capitalist Environmental Justice

Tyra Lennie — Wed, 10 Apr 2024 00:00:00 +0000

In this paper, I examine John Rawls’ claim in the first edition of A Theory of Justice that Justice as Fairness cannot include considerations about the environment and non-human animals. The paper aims to resolve the tension in this statement, as the idea of a Rawlsian well-ordered society without concern for the rest of nature presents as a contradiction. Through a more charitable reading of Rawlsian theory that borrows from anti-capitalist and environmental justice frameworks, we can see how Rawlsian justice connects tightly to these issues. I conclude that the Rawlsian well-ordered society must be committed to anti-capitalist environmental justice.

Humanity with Dignity. Plea For a Functional Theory of Dignity

Bastian Klug — Wed, 10 Apr 2024 00:00:00 +0000

In this paper, I present a functional theory of dignity which seeks to withstand the criticism of the concept of dignity, such those made by Andrea Sangiovanni, by arguing that there is more to dignity than these authors may ascribe. The functional theory of dignity is a reinterpretation of the notion of dignity in legal documents such as the UDHR, and calls for the protection of a dignified life for all human beings. The features of this concept of dignity follow from the historical function it has. A dignified life is a life free from hardship. We derive the need for its protection by remembering the reasons for the implementation of dignity in legal human rights documents – the negation of the atrocities in the Holocaust.

The Two Faces of Political Parties: How They Can Both Promote and Hinder Rawls’ Public Reason

Joana Pinto — Wed, 10 Apr 2024 00:00:00 +0000

This article explores the impact of political parties on a Rawlsian model of public reason. Political parties possess the potential to play a vital role in promoting public reason by connecting the background culture and the public political forum, identifying and systematizing the diverse array of opinions within a pluralist society. They can translate comprehensive doctrines into shared public values, advance electoral programs that articulate a reasonable political conception of justice and construct the deliberative arena necessary for public reason. However, it is crucial to recognize that political parties can also undermine public reason. They may prioritize sectarian interests over shared ones, appeal to non-liberal or perfectionist values, perpetuate misinformation, succumb to the influence of monetary donations, or adopt a closed-minded and rigid ideological stance. Achieving the ideal of public reason necessitates political parties striking a delicate balance between advancing their own agendas and respecting a practice of public justification.