Justice and morality:human suffering, natural law and international politics

Bridging the contending theories of natural law and international relations, this book proposes a 'relational ontology' as the basis for rethinking our approach to international politics. The book contains a number of challenging and controversial ideas on the study of international political thought which should provoke constructive debate within international relations theory, political theory, and philosophical ethics. © Amanda Russell Beattie 2010. All rights reserved.

Creating Permeable Boundaries: Inclusive Educators in a Global Society

The authors pose a redefinition of inclusive education and inclusive educators. They describe four promising strategies that educators might use to reflect on social justice as a curricular focal point, problematize inclusive education, and help students create more permeable boundaries between themselves and those who are different.

Effect of reading sport chronicles on the perception of justice and the predisposition to protest actions in soccer

In this study three chronicles from national newspapers (one generalist and two sport press) were analyzed. The chronicles belong to Spain’s soccer final of the King’s Cup in 2014. The aim of the study was to know if there was any influence on the readers’ perception of justice and consequently if this influence could cause a particular predisposition to participate in acts of protest. 462 university students participated. The results showed that different chronicles caused differences in the perception of justice depending on the chronicle read. However, a clear influence on the willingness to participate in acts of protest was not obtained. These results should make us think about the impact of sport press and its influence, and to be aware of the indirect responsibility of every sector on the antisocial behaviors generated by soccer in our country.

Of Marx and Makers: an Historical Perspective on Generative Justice

In Marxist frameworks “distributive justice” depends on extracting value through a centralized state. Many new social movements—peer to peer economy, maker activism, community agriculture, queer ecology, etc.—take the opposite approach, keeping value in its unalienated form and allowing it to freely circulate from the bottom up. Unlike Marxism, there is no general theory for bottom-up, unalienated value circulation. This paper examines the concept of “generative justice” through an historical contrast between Marx’s writings and the indigenous cultures that he drew upon. Marx erroneously concluded that while indigenous cultures had unalienated forms of production, only centralized value extraction could allow the productivity needed for a high quality of life. To the contrary, indigenous cultures now provide a robust model for the “gift economy” that underpins open source technological production, agroecology, and restorative approaches to civil rights. Expanding Marx’s concept of unalienated labor value to include unalienated ecological (nonhuman) value, as well as the domain of freedom in speech, sexual orientation, spirituality and other forms of “expressive” value, we arrive at an historically informed perspective for generative justice. 

Capital 2.0 capital formation and legal risk in a new global economic order from fiat to exit: including case studies of the proposed transatlantic trade and investment partnership between the United States and the European Union and the financing relation between the United States and the People’s Republic of China

Following the intrinsically linked balance sheets in his Capital Formation Life Cycle, Lukas M. Stahl explains with his Triple A Model of Accounting, Allocation and Accountability the stages of the Capital Formation process from FIAT to EXIT. Based on the theoretical foundations of legal risk laid by the International Bar Association with the help of Roger McCormick and legal scholars such as Joanna Benjamin, Matthew Whalley and Tobias Mahler, and founded on the basis of Wesley Hohfeld’s category theory of jural relations, Stahl develops his mutually exclusive Four Determinants of Legal Risk of Law, Lack of Right, Liability and Limitation. Those Four Determinants of Legal Risk allow us to apply, assess, and precisely describe the respective legal risk at all stages of the Capital Formation Life Cycle as demonstrated in case studies of nine industry verticals of the proposed and currently negotiated Transatlantic Trade and Investment Partnership between the United States of America and the European Union, TTIP, as well as in the case of the often cited financing relation between the United States and the People’s Republic of China. Having established the Four Determinants of Legal Risk and its application to the Capital Formation Life Cycle, Stahl then explores the theoretical foundations of capital formation, their historical basis in classical and neo-classical economics and its forefathers such as The Austrians around Eugen von Boehm-Bawerk, Ludwig von Mises and Friedrich von Hayek and most notably and controversial, Karl Marx, and their impact on today’s exponential expansion of capital formation. Starting off with the first pillar of his Triple A Model, Accounting, Stahl then moves on to explain the Three Factors of Capital Formation, Man, Machines and Money and shows how “value-added” is created with respect to the non-monetary capital factors of human resources and industrial production. Followed by a detailed analysis discussing the roles of the Three Actors of Monetary Capital Formation, Central Banks, Commercial Banks and Citizens Stahl readily dismisses a number of myths regarding the creation of money providing in-depth insight into the workings of monetary policy makers, their institutions and ultimate beneficiaries, the corporate and consumer citizens. In his second pillar, Allocation, Stahl continues his analysis of the balance sheets of the Capital Formation Life Cycle by discussing the role of The Five Key Accounts of Monetary Capital Formation, the Sovereign, Financial, Corporate, Private and International account of Monetary Capital Formation and the associated legal risks in the allocation of capital pursuant to his Four Determinants of Legal Risk. In his third pillar, Accountability, Stahl discusses the ever recurring Crisis-Reaction-Acceleration-Sequence-History, in short: CRASH, since the beginning of the millennium starting with the dot-com crash at the turn of the millennium, followed seven years later by the financial crisis of 2008 and the dislocations in the global economy we are facing another seven years later today in 2015 with several sordid debt restructurings under way and hundred thousands of refugees on the way caused by war and increasing inequality. Together with the regulatory reactions they have caused in the form of so-called landmark legislation such as the Sarbanes-Oxley Act of 2002, the Dodd-Frank Act of 2010, the JOBS Act of 2012 or the introduction of the Basel Accords, Basel II in 2004 and III in 2010, the European Financial Stability Facility of 2010, the European Stability Mechanism of 2012 and the European Banking Union of 2013, Stahl analyses the acceleration in size and scope of crises that appears to find often seemingly helpless bureaucratic responses, the inherent legal risks and the complete lack of accountability on part of those responsible. Stahl argues that the order of the day requires to address the root cause of the problems in the form of two fundamental design defects of our Global Economic Order, namely our monetary and judicial order. Inspired by a 1933 plan of nine University of Chicago economists abolishing the fractional reserve system, he proposes the introduction of Sovereign Money as a prerequisite to void misallocations by way of judicial order in the course of domestic and transnational insolvency proceedings including the restructuring of sovereign debt throughout the entire monetary system back to its origin without causing domino effects of banking collapses and failed financial institutions. In recognizing Austrian-American economist Schumpeter’s Concept of Creative Destruction, as a process of industrial mutation that incessantly revolutionizes the economic structure from within, incessantly destroying the old one, incessantly creating a new one, Stahl responds to Schumpeter’s economic chemotherapy with his Concept of Equitable Default mimicking an immunotherapy that strengthens the corpus economicus own immune system by providing for the judicial authority to terminate precisely those misallocations that have proven malignant causing default perusing the century old common law concept of equity that allows for the equitable reformation, rescission or restitution of contract by way of judicial order. Following a review of the proposed mechanisms of transnational dispute resolution and current court systems with transnational jurisdiction, Stahl advocates as a first step in order to complete the Capital Formation Life Cycle from FIAT, the creation of money by way of credit, to EXIT, the termination of money by way of judicial order, the institution of a Transatlantic Trade and Investment Court constituted by a panel of judges from the U.S. Court of International Trade and the European Court of Justice by following the model of the EFTA Court of the European Free Trade Association. Since the first time his proposal has been made public in June of 2014 after being discussed in academic circles since 2011, his or similar proposals have found numerous public supporters. Most notably, the former Vice President of the European Parliament, David Martin, has tabled an amendment in June 2015 in the course of the negotiations on TTIP calling for an independent judicial body and the Member of the European Commission, Cecilia Malmström, has presented her proposal of an International Investment Court on September 16, 2015. Stahl concludes, that for the first time in the history of our generation it appears that there is a real opportunity for reform of our Global Economic Order by curing the two fundamental design defects of our monetary order and judicial order with the abolition of the fractional reserve system and the introduction of Sovereign Money and the institution of a democratically elected Transatlantic Trade and Investment Court that commensurate with its jurisdiction extending to cases concerning the Transatlantic Trade and Investment Partnership may complete the Capital Formation Life Cycle resolving cases of default with the transnational judicial authority for terminal resolution of misallocations in a New Global Economic Order without the ensuing dangers of systemic collapse from FIAT to EXIT.

Global teacher für die Weltgesellschaft!? Theoretische Überlegungen zu den Kompetenzen von Lehrkräften, um Globales Lernen kompetenzorientiert zu unterrichten

In diesem Aufsatz werden historisch-systematische Anregungen zur Debatte um Kompetenz und Kompetenzen im Kontext bildungs- und professionstheoretischer Überlegungen angeboten. Dies ist der Ausgangspunkt für ein Nachdenken über angestrebte Kompetenzen Globalen Lernens sowie Kompetenzfelder des Global Teachers, um einen kompetenzorientierten Umgang damit zu ermöglichen. (DIPF/Orig.)

Violence against Women Policy and Practice in Uganda - Promoting Justice within the Context of Patriarchy

The goal of this study was to understand how and whether policy and practice relating to violence against women in Uganda, especially Uganda’s Domestic Violence Act of 2010, have had an effect on women’s beliefs and practices, as well as on support and justice for women who experience abuse by their male partners. Research used multi-sited ethnography at transnational, national, and local levels to understand the context that affects what policies are developed, how they are implemented, and how, and whether, women benefit from these. Ethnography within a local community situated global and national dynamics within the lives of women. Women who experience VAW within their intimate partnerships in Uganda confront a political economy that undermines their access to justice, even as a women’s rights agenda is working to develop and implement laws, policies, and interventions that promote gender equality and women’s empowerment. This dissertation provides insights into the daily struggles of women who try to utilize policy that challenges duty bearers, in part because it is a new law, but also because it conflicts with the structural patriarchy that is engrained in Ugandan society. Two explanatory models were developed. One explains factors relating to a woman’s decision to seek support or to report domestic violence. The second explains why women do and do not report DV. Among the findings is that a woman is most likely to report abuse under the following circumstances: 1) her own, or her children’s survival (physical or economic) is severely threatened; 2) she experiences severe physical abuse; or, 3) she needs financial support for her children. Research highlights three supportive factors for women who persist in reporting DV. These are: 1) the presence of an “advocate” or support 2) belief that reporting will be helpful; and, 3) lack of interest in returning to the relationship. This dissertation speaks to the role that anthropologists can play in a multi-disciplinary approach to a complex issue. This role is understanding – deeply and holistically; and, articulating knowledge generated locally that provides connections between what happens at global, national and local levels.

Exploring the contradictions between Brazil’s role in the global climate change regime and its position in regional environmental governance.

Similar to other developing countries Brazil’s position on climate change emphasises national sovereignty and the principle of “common but differentiated responsibilities”. However, in recent years Brasilia has also announced voluntary reductions in carbon emissions, making Brazil one of the leading emerging countries in its approach to climate change, while enhancing its international reputation and legitimacy. Compared to its neighbours Brazil has older and more developed domestic environmental institutions and movements. Yet, Brazil’s global leadership on climate change does not translate into a similar role in regional environmental governance. In the 2000s Argentina and Uruguay became embroiled in a bitter environmental conflict involving a shared natural resource, the Uruguay River. Brazil not only refused to mediate, but also kept it out of regional forums insisting on the conflict’s bilateral nature. Furthermore, Mercosur’s environmental agenda has progressively become eroded while Brazilian-led Unasur lacks an institutional framework dedicated to environmental concerns. This indicates that environmental concerns are far more important for Brazil’s global image than for its role as a regional leader. It also highlights the limited scope of the climate change negotiations which focus narrowly on reducing carbon emissions, without taking wider concerns over energy generation or environmental and social justice into account. Brazil has promoted hydropower generation, portrayed as “clean” energy. Yet, these projects have sparked strong domestic and regional civil society opposition due to their social and environmental costs which make it difficult for Brazil to claim a regional leadership role on environmental concerns.

Ejercicio de la ciudadanía global femenina ante los tribunales internacionales: el impacto del activismo ciudadano en la corte interamericana de derechos humanos

El documento asume que el ejercicio de la ciudadanía plena, enun contexto globalizado, debe partir de consideraciones políticas,culturales y económicas antes que de un reconocimiento legal. Seentiende que la ciudadanía global, como un vehículo planetario,puede ser ostentada por personas individuales y por gruposidentitarios, como las mujeres, de manera que se llega a concebirel movimiento social de mujeres como el Estado en Red de Castells.Sin embargo, se aprecia que este ejercicio ciudadano no puedeser pleno, sin la existencia de unos tribunales internacionales dejusticia que garanticen los derechos implícitos en el concepto deciudadanía, que en el caso concreto de la Corte Interamericana havenido moldeando el ejercicio de la ciudadanía global a partir delestablecimiento de unos estándares jurisprudenciales en materiade derechos humanos de las mujeres, aplicables en cada uno de losEstados que han reconocido la competencia de la Corte Regional.

Gender inequality and education: changing local/global relations in a ‘post-colonial’ world and the implications for feminist research

This chapter explores the relationship between education reform and gender equity, both within and between nation states. Utilising feminist critical policy analysis and post-colonial theory, it examines how education reform over the past decade has impacted on gender equity and how educational reform is itself gendered. It considers the nature of gender restructuring, maps significant shifts in gender equity policy in the wider context of educational and social inequality debates and, through an analysis of recent research on gender identity, schooling and leadership, argues that gender can no longer be privileged when identifying and responding to educational inequality. Key assumptions underpinning how social change and education reform deliver equity are questioned, concluding with feminist theorising about how social justice may inform equity policy and practice in culturally diverse educational contexts.

Leadership, ethics and schooling for social justice

Issues of social justice and equity in the field of educational leadership have become more salient in recent years. The unprecedented diversity, uncertainty and rapid social change of the contemporary global era are generating new and unfamiliar equity questions and challenges for schools and their leaders. In order to understand the moral and ethical complexity of work undertaken in the name of social justice and equity in diverse contexts, this book uses a range of different theoretical tools from the work of Michel Foucault. Rather than a prescriptive, best practice approach to leadership and social justice, this book draws on Foucault’s four-fold ethical framework, and specifically, the notions of advocacy, truth-telling and counter-conduct to critically examine the leadership work undertaken in case studies in schools in Australia and England.

Schooling and social justice through the lenses of Nancy Fraser

This review essay draws on Nancy Fraser's work as featured in Adding insult to injury: Nancy Fraser debates her critics to explore issues of schooling and social justice. The review focuses on the applicability and usefulness of Fraser's three dimensional model for understanding matters of justice in education. It begins with an overview of the principles of economic, cultural and political justice as they are reflected in specific examples of equity and schooling policy and practice.This is followed by (1) a consideration of Fraser's concerns that current forms of identity politics are reifying group identity and displacing matters of distributive justice and (2) with an account of her concerns about the political justice issues of representation and misframing in the contemporary global era. With reference to the sphere of Indigenous education, the review examines some of the problematics involved in pursuing distributive, recognitive and representative justice. Fraser's'status model' is presented as a way through these problematics because it engages with a politics that begins with overcoming status subordination rather than with a politics of group identity. Against this theoretical backdrop, the final section of the review briefly considers some of the future challenges for schooling and social justice.

Schooling and social justice through the lenses of Nancy Fraser

This review essay draws on Nancy Fraser's work as featured in Adding insult to injury: Nancy Fraser debates her critics to explore issues of schooling and social justice. The review focuses on the applicability and usefulness of Fraser's three-dimensional model for understanding matters of justice in education. It begins with an overview of the principles of economic, cultural and political justice as they are reflected in specific examples of equity and schooling policy and practice. This is followed by (1) a consideration of Fraser's concerns that current forms of identity politics are reifying group identity and displacing matters of distributive justice and (2) with an account of her concerns about the political justice issues of representation and misframing in the contemporary global era. With reference to the sphere of Indigenous education, the review examines some of the problematics involved in pursuing distributive, recognitive and representative justice. Fraser's ‘status model’ is presented as a way through these problematics because it engages with a politics that begins with overcoming status subordination rather than with a politics of group identity. Against this theoretical backdrop, the final section of the review briefly considers some of the future challenges for schooling and social justice.