A Critical Theory of Transnational (In-)Justice

Author(s):  
Rainer Forst

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.

2007 ◽  
Vol 33 (S1) ◽  
pp. 25-45 ◽  
Author(s):  
FRIEDRICH KRATOCHWIL

ABSTRACTThis article revisits some of the theoretical debates within the field of IR since Ashley and Cox challenged the mainstream. But in so doing it attempts also to show that the proposed alternatives have their own blind spots that are subjected in the second part to discursive criticism. Neither Ashley’s celebration of the wisdom of old realists nor their ‘silence’ on economics, nor the notion of ‘internationalisation of the state’ and of the world order are adequate for understanding politics in the era of globalisation. Instead, a critical theory has to examine the political projects that were engendered by the Hobbesian conception of order and rationality. Highlighting the disconnect between our present political vocabularies and the actual political practices, I argue that a critical theory has not only to ‘criticise’ existing approaches but has to rethink and re-conceptualise praxis, which is ill served by the analytical tools which are imported to this field from ‘theory’.


Author(s):  
V. V. Naumkin

The presentation analyzes three belts of ethno-political conflict that directly affect the national interests of Russia. The link between ethno-political processes and globalization is highlighted, uncovering a number of challenges. Seven characteristic features of the contemporary world order are identified and their influence on the state of ethno-political conflicts and the prospects for their settlement are discussed.


Author(s):  
Heidi Barnes

The Constitutional Court judgement in F v Minister of Safety and Securityis a ground-breaking judgement in two important respects: firstly, it finally does away with the fiction that an employee acts within the course and scope of her employment in the so-called deviation cases in the law of vicarious liability, and secondly it clarifies the normative basis for holding the state vicariously liable for the criminal acts of police officers. In this latter respect it significantly promotes state accountability for the criminal acts of police officers.


2018 ◽  
Vol 46 (3) ◽  
pp. 352-370 ◽  
Author(s):  
Musab Younis

This article explores the role played by time in the maintenance of global racial difference with reference to the precarious sovereignties of Haiti, Liberia and Ethiopia during the interwar period. It suggests that the experiences of these states, understood through the discourses which sought to both support and undermine them, point to a shift away from juridical division in global order and towards a hierarchy framed in terms of racialised temporalities. While postcolonial scholarship can help us to understand this shift, it has not fully comprehended the interpenetration of multiple forms of temporality in the service of colonial and racial ordering. For interwar intellectuals and activists committed to pan-African liberation, the desire for a new world order free from racialised stratification meant an engagement with sites of black sovereignty that was, by necessity, ambivalent and strategic in its approach to the politics of time.


Author(s):  
Yoko Arisaka

This chapter discusses controversies surrounding the cultural identity of Japanese philosophy. Often presented as offering the first “non-Western universalism” over against Eurocentrism, authors have struggled to establish its distinctness, and this endeavor has been mired in questions of essentialism, Japanese imperialism, and cultural nationalism. The exemplary case of Nishida Kitarō’s New World Order essay is examined, and issues surrounding the identity of Japanese philosophy are analyzed historically as well as in the contemporary context of global neo-colonialism. The last section offers an alternative interpretation of Nishida, by way of a first-person approach, in order to produce an existential critical theory aiming at a “decolonized world order.”


Author(s):  
Or Rosenboim

This chapter examines perceptions of the state in a global context, arguing that the emergence of globalism encouraged mid-century thinkers to reimagine—but not abandon—the nation-state. In particular, it considers Raymond Aron’s proposals to reinterpret the political space of the nation-state in the post-war era and how the war experience formed his conceptualization of international relations. While the state remained for Aron the main bastion of individual liberty, he acknowledged its conceptual and structural insufficiency in the age of globalism. Aron’s interpretation of political ideologies in conversation with the sociologist Karl Mannheim and the philosopher Jacques Maritain led to the development of his loose and pluralistic vision of European unity held together by “political myth.” The chapter also compares Aron’s vision of world order with that of David Mitrany.


Author(s):  
D. Ndirangu Wachanga

Any meaningful debate on global media and information ethics is burdened with the complexity of dissecting various disjunctive dynamics that characterize the complexity of emerging global relationships. The authors argue that the emerging global phenomenon problematizes the Cartesian plane of oppositions – center vs. periphery, North vs. South, global vs. local, which has been the forte of globalization studies until recently. It is against this background that the authors seek to examine challenges of having a global information and media ethics. The authors will pay attention to the antagonistic mechanics informing the domination and rejection of intangible ethical principles. In this discussion, they will be guided, partly, by Alleyne’s (2009, p. 384) postulation on the need to pay attention to “changes in state power, the relationship between the market and the state, and modifications in the ideological assumptions about the optimum form of world order.”


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