19 research outputs found
Principles of economic union: An extension of John Rawls’s theory of justice
Get PDFIn this article I identify the principles of justice by which an economic union is to be constituted. For this purpose, I extend John Rawls’s constructivist theory of justice to economically integrated societies. With regard to the principles identified, I defend a twofold claim. First, the principles of economic union generated by this extended procedure of construction can serve as common points of reference for the subjects of an economic union. Second, these principles cannot come into conflict with similarly constructed prior principles of social justice and international justice
Public reason in circumstances of pluralism
No full textRecently, several theorists have argued that John Rawls’s political liberalism, with its notion of public reason, is based on presuppositions so idealistic and moralistic, that it cannot provide a relevant standard of argumentation in real political circumstances, where disagreements concerning matters of justice may run deep. The question raised in this contribution is: which notion of reasonableness, if any, could be used as a standard with which to distinguish between reasonable and unreasonable political positions in such circumstances of radical pluralism? I examine here whether contemporary realists may find helpful Jürgen Habermas’s notion of public opinion or Aristotle’s idea of reputable things or ta endoxa. It is argued here that realists may find the latter particularly useful in developing a realist notion of public reason.</p
Rainer Forst: The Justification of Basic Rights
No full textThis article is the introduction of the special issue with the same name, which centers around the key note paper of Rainer Forst, "The Justification of Basic Rights. A Discourse-Theorethical Approach"
No Place for Subsidiarity in the European Union. An Integrated Approach to Subsidiarity and Legal Order
No full textEurope's Cosmopolitan Union:A Kantian Reading of EU Internal Market Law and the Refugee Crisis
Get PDFThe chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law
