Global Distributive Justice and the State

2008 ◽  
Vol 56 (3) ◽  
pp. 487-518 ◽  
Author(s):  
Simon Caney
Keyword(s):  
Distributive Justice ◽  
The State ◽  
Global Level ◽  
Global Distributive Justice ◽  
Normative Significance

Many hold that the state has normative significance because its borders define the scope of egalitarian principles of distributive justice. On this view egalitarian principles of distributive justice should be applied within the state but should not be adopted at the global level. This article examines two reasons for accepting this view and for rejecting global egalitarianism, and finds both wanting. It then presents three challenges to any view that holds that the scope of principles of distributive justice should be determined by the boundaries of the state. It concludes by noting four distinct ways in which the state has normative significance, each of which can be endorsed by global egalitarians.

Global Distributive Justice

2018 ◽  
pp. 102-117
Author(s):  
Simon Caney
Keyword(s):  
Distributive Justice ◽  
Empirical Research ◽  
Subject Matter ◽  
World Economy ◽  
Deep Understanding ◽  
Global Politics ◽  
Global Level ◽  
Global Distributive Justice ◽  
The World ◽  
The Subject

This chapter explores the relevance of facts and empirical enquiry for the normative project of enquiring what principles of distributive justice, if any, apply at the global level. Is empirical research needed for this kind of enquiry? And if so, how? Claims about global distributive justice often rest on factual assumptions. Seven different ways in which facts about national, regional and global politics (and hence empirical research into global politics) might inform accounts of global distributive justice are examined. A deep understanding of the nature of global politics and the world economy (and thus empirical research on it) is needed: to grasp the implications of principles of global distributive justice; to evaluate such principles for their attainability and political feasibility; to assess their desirability; and, first, to conceptualize the subject-matter of global distributive justice and to formulate the questions that accounts of global distributive justice need to answer.

Justice Across Borders

2018 ◽  
Author(s):  
Michael Blake
Keyword(s):  
Distributive Justice ◽  
Global Justice ◽  
Philosophical Analysis ◽  
Global Level ◽  
Global Institutions ◽  
Global Distributive Justice ◽  
Global Arena ◽  
The Relationship

This chapter examines how philosophical concepts of distributive justice ought to be applied at the global level. There has been a great deal of philosophical interest in this topic in recent years, and the field has quickly grown to include some sophisticated analyses of how we might think about global distributive justice. This chapter examines this field, and argues that it must become more sophisticated still in order to adequately deal with the complexities of the global arena. In particular, the article argues that we have reason to examine more precisely the nature of global institutions—what powers they actually have, and what it is that they might plausibly hope to become—as a key focus of our philosophical analysis. The relationship between political and distributive justice, in particular, ought to be made a particular focus in our efforts to understand the nature of global justice.

scholarly journals The natural duty of justice in non-ideal circumstances: On the moral demands of institution building and reform

2017 ◽  
Vol 20 (1) ◽  
pp. 45-66 ◽  
Author(s):  
Laura Valentini
Keyword(s):  
Distributive Justice ◽  
Political Theory ◽  
Status Quo ◽  
The State ◽  
Response Strategy ◽  
Macro Level ◽  
Institution Building ◽  
Institutional Agents ◽  
High Stakes ◽  
The Status

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not exist in the first place? Many answer by invoking Rawls's natural duty ‘to further just arrangements not yet established’, treating it as a ‘normative bridge’ between institutional demands of distributive justice and individual responsibilities in non-ideal circumstances. I argue that this response strategy is unsuccessful. I show that the more unjust the status quo is due to non-compliance, the less demanding the natural duty of justice becomes. I conclude that, in non-ideal circumstances, the bulk of the normative work is done by another natural duty: that of beneficence. This conclusion has significant implications for how we conceptualize our political responsibilities in non-ideal circumstances, and cautions us against the tendency – common in contemporary political theory – to answer all high-stakes normative questions under the rubric of justice.

Justice and Authority in Investment Protection

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Oisin Suttle
Keyword(s):  
Distributive Justice ◽  
International Investment ◽  
International Consensus ◽  
International Investment Law ◽  
Investment Protection ◽  
Global Distributive Justice ◽  
Investment Law

Abstract What role should concerns about distributive justice play in international investment law? This paper argues that answers to fundamental and contestable questions of social and global distributive justice are a necessary, if implicit, premise of international investment law. In particular, they shape our views on the purpose of investment law, and in turn determine the scope of authority that investment law can claim, and that states should accord it. The implausibility of achieving international consensus on these questions constitutes a substantial objection to the harmonization of investment law or the consistent operation of a multilateral investment court.

scholarly journals ‘We Too Have a Word to Say’

2018 ◽  
Vol 1 (1) ◽  
pp. 48-68
Author(s):  
Muzaffer Kaya
Keyword(s):  
The State ◽  
Global Level ◽  
Main Determinant ◽  
Governmental Policy ◽  
The 1960S ◽  
The Right ◽  
In The Beginning

This article seeks to explain how in the beginning of the 1960s in Turkey the right to strike was adopted as a social right. The existing literature is divided regarding the factors that led to the shift in governmental policy. While some argue that the state granted this right without any struggle on the side of the workers, others propose that the main determinant in the process was the struggle of workers. By scrutinizing the interaction between political developments at the state and party levels, and the actions of the workers in that period, I argue that the recognition of the right to strike was the combined result of several interrelated political developments at the local and global level.

Democratic Legitimacy beyond the State: Politicization, Representation, and a Systemic Framework

2018 ◽  
Vol 5 (2) ◽  
pp. 281-303
Author(s):  
Jonathan William Kuyper
Keyword(s):  
Direct Relationship ◽  
The State ◽  
Democratic Legitimacy ◽  
Global Level ◽  
Constructivist View ◽  
International Authority ◽  
The Eu

Abstract Does the politicization of international authority help to reduce democratic deficits beyond the state? In this paper I argue that politicization provides a useful springboard for remedying democratic deficits at the EU and global level. Despite this promise, there are a range of concerns that inhibit a direct relationship between politicization and increased democratic legitimacy. The paper unpacks what politicization is and how it might relate to democratic legitimacy. It then argues that problems surrounding representation – in particular the constructivist view of representation – complicates this relationship. Significantly the notion of mobilization generates suspicions of democratic representational legitimacy. In response, the paper details a framework for assessing the democratic legitimacy of representative claims under conditions of politicization that responds to the aforementioned concerns. This framework is briefly applied to the cases of TTIP and TPP to show its merits.

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

scholarly journals Development of the technical specifications and changes to the TSs for refractories by JSC “The Ukrainian research institute of refractories named after A. S. Berezhnoy” in 2018

2019 ◽  
Vol 119 ◽  
pp. 107-121
Author(s):  
V. V. Martynenko ◽  
L. V. Belyaeva ◽  
I. Yu. Kostyrko ◽  
T. F. Pahomova ◽  
T. P. Lytvynenko
Keyword(s):  
Technical Specification ◽  
Technical Committee ◽  
The State ◽  
Global Level ◽  
Regulatory Documents ◽  
State Standardization ◽  
Modern System ◽  
Technical Specifications ◽  
Continue Work ◽  
Technical Regulations

This article includes information about development of technical specifications (TS) and changes to the TSs for refractories by institute in 2018. In 2018, the following standards were developed, agreed with enterprises in accordance with the requirements of the state standardization system and approved: one new technical specification and 14 change to TS for serial refractory products, produced by Ukrainian enterprises; 3 new TS for serial refractory products developed PrJSC “KDZ” were checked and agreed; 6 new technical specification and 11 change to the current specifications for the pilot batches of refractories manufactured by JSC “The URIR named after A. S. Berezhnoy”. Changes to technical specifications and new technical specifications have been developed in concordance with requirements of the modern system standardizations of the Ukraine (СОУ КЗПС 74.9­02568182­003:2016, ДСТУ 1.5:2015, СОУ МПП 01.120­090:2005), endorsed by manufacturers and enterprise consumers, tested for compliance with current legislation, technical regulations and regulatory documents and entered into the database «Technical conditions of Ukraine» — SE “Kharkivstandartmetrology”, and approved by the technical committee TC 7 “Refractories”. Institute plans to continue work on the development of TS and changes to the TSs for refractory products, study and analysis of the global level of standardization in the field of refractories.

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