Towards a Stronger Conception of Democracy in the Strasbourg Convention

The purpose of this article is to examine the promotion of democracy through human rights law. The focus will be on the possibilities for using the European Convention on Human Rights to promote participatory democracy. The author argues that the jurisprudence of the Strasbourg Court is beginning to recognise some participatory measures such as the requirement of consultation, notably under Article 8 of the Convention.

Broadening the Scope and the Norms of EU Gender Equality Law: Towards a Multidimensional Conception of Equality Law

The aim of this article is to discuss some consequences of placing the combating of discrimination and the promotion of equality among the principles of Community law. The focus is firstly on the ensuing widening of the scope of EU (gender) equality law and secondly on the increase of grounds of forbidden discrimination. In concluding, steps towards a multidimensional conception of equality law are proposed.

Reconsidering Resource Rights: The Case for a Basic Right to the Benefits of Life-Sustaining Ecosystem Services

In the presence of anthropogenic climate change, gross environmental degradation, and mass abject poverty, many political theorists currently debate issues such as people's right to water, the right to food, and the distribution of rights to natural resources more generally. However, thus far many theorists either focus (somewhat arbitrarily) only on one particular resource (e.g. water) or they treat all natural resources alike, meaning that many relevant distinctions within the group of natural resources are overlooked. Hence, the paper will start with an analysis of the various forms which natural resources can take and how this might influence one's conception of resource rights. In so doing, the paper argues that we have to carefully distinguish between the actual physical resources people might control and how we distribute these, and the life-sustaining benefits each and every person draws from sustainable and functioning ecosystems. Based on this distinction, the paper will argue for a right to the benefits of life-sustaining ecosystem services as a universal basic right every person has. Further distributive claims with respect to particular physical resources would thus be limited by the requirements of such a basic right.

Non-domination, non-alienation and social equality: towards a republican understanding of equality

The republican idea of non-domination stresses the importance of certain social relationships for a person’s freedom, showing that freedom is a social-relational state. While the idea of freedom as non-domination receives a lot of attention in the literature, republican theorists say surprisingly little about equality. Therefore, the aim of this paper is to carve out the contours of a republican conception of equality.. In so doing, I will argue that republican accounts of equality share a significant normative overlap with the idea of social equality. However, closer analysis of Philip Pettit’s account of ‘expressive egalitarianism’ (which Pettit sees as inherently connected to non-domination) and recent theories of social equality shows that republican non-domination – in contrast to what Pettit seems to claim – is not sufficient for securing (republican) social equality. In order to secure social equality for all, republicans would have to go beyond non-domination.

'Not Forsworn with Pink Ribbons': Hannah More, Thomas De Quincey, and the Literature of Power

De Quincey's conception of the literature of "power" as opposed to that of "knowledge," has proved to be one of the most influential of romantic theories of literature, playing no small part in the canonization of Wordsworth. De Quincey's early acquaintance with the Lyrical Ballads was made through the Evangelical circles of his mother, who was a follower of Hannah More and a member of the Clapham sect. In later years, however, De Quincey repudiated his early Evangelical upbringing and wrote quite scathingly of the literary pretensions of Hannah More. This paper attempts to uncover the revisionary nature of De Quincey's later reminiscences of More and to indicate thereby the covert influence of Evangelical thinking on his literary theorizing. Far from absolving literature of politics, however, colonialist and nationalist imperatives typical of Evangelical thinking may be seen to operate within the spiritualized and aesthetic sphere to which literary power is arrogated by De Quincey.

'Work and Emancipatory Practice: Towards a Recovery of Human Beings' Productive Capacities,'

This article argues that productive work represents a mode of human flourishing unfortunately neglected in much current political theorizing. Focusing on Habermasian critical theory, I contend that Habermas’s dualist theory of society, on account of the communicative versus instrumental reason binary which underpins it, excludes work and the economy from ethical reflection. To avoid this uncritical turn, we need a concept of work that retains a core emancipatory referent. This, I claim, is provided by Alasdair MacIntyre’s notion of ‘practice’. The notion of ‘practice’ is significant in suggesting an alternative conception of human productivity that is neither purely instrumental nor purely communicative, but rather both simultaneously, a form of activity which issues in material products and yet presumes a community of workers engaged in intersubjective self-transformation. However, we can endorse MacIntyre’s notion of ‘practice’ only if we reject his totalizing anti-modernism and insist on the emancipatory potentialities of modern institutions.

The fall of kinship - towards an epidemiological explanation

Kinship used to be described as what anthropologists do. Today, many might well say that it is what anthropologists do not do. One possible explanation is that the notion of kinship fell off anthropology's radar due to the criticisms raised by Needham and Schneider among others, which supposedly demonstrated that kinship is not a sound theoretical concept. Drawing inspiration from epidemiological approaches to cultural phenomena, this article aims to enrich this explanation. Kinship became an unattractive theoretical concept in the subculture of anthropology not simply because of problems with kinship theory per se, but also on account of fundamental changes in the very conception of anthropological knowledge and the impact of these changes on the personal identity of anthropologists.

The Role of Dignity in Equality Law: Lessons from Canada and South Africa

This paper examines the link made on occasion between the concept of dignity and substantive equality; it is further noted that dignity can have very different meanings in different contexts. While the notion of dignity does not often play a substantive role in the resolution of decisions, sometimes the underlying understanding of dignity does matter. However, in all cases, judges should avoid the temptation to rely on unarticulated value judgments or subjective notions of dignity. When judges make reference to dignity, they should articulate the values underpinning their conception of it.