A Critical Theory of Transnational (In-)Justice
This chapter develops a critical theory of transnational justice. Its normative basis is a democratic conception of justice as justification grounded in a constructivist conception of reason which is at the same time “realistic” when it comes to assessing the current world order as one of multiple forms of domination. In its critical parts, the chapter discusses a number of conceptions of justice that are parochial or positivistic in insufficiently questioning certain normative and empirical premises and thus miss the nature of forms of injustice beyond the state. In the constructive parts, it presents a reflexive argument for a discursive conception of justice. This theory is then situated in transnational contexts of rule and domination, arguing for principles and institutions of fundamental transnational justice.