Some of the existential threats we currently face are global in the sense that they affect us all, and thus matter of global concern and trigger duties of moral global solidarity. But some of these global threats, such as the COVID-19 pandemic, are global in a second, additional, sense: discharging them requires joint, coordinated global action. For that reason, these twofold global threats trigger political – not merely moral – duties of global solidarity. This article explores the contrast between these two types of global threats with the purpose of clarifying the distinction between moral and political duties of global solidarity. And, in the absence of a fully developed global democratic institutional system, the article also explores some promising ways to fulfill our global political duties, especially those based on mechanisms of collective intelligence such as CrowdLaw, which might provide effective solutions to these global threats while enhancing the democratic legitimacy of public decision-making. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 2 2021 |
Trefwoorden | Global solidarity, Pandemics, Global Existential Threats, Collective Intelligence, CrowdLaw |
Auteurs | José Luis Martí |
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Redactioneel |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 2 2021 |
Auteurs | Wouter Veraart, Lukas van den Berge en Antony Duff |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 2 2021 |
Trefwoorden | Solidarity, Community, COVID-19 pandemic, Humanity, Ethnocentrism |
Auteurs | Luigi Corrias |
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What is at stake in invoking solidarity in legal-political contexts? The guiding hypothesis of this article is that solidarity is always and necessarily linked to the concept of community. A plea for solidarity will, in other words, directly lead one to the question: solidarity with whom? On the one hand, solidarity may be understood as extending only to those who belong to the same community as us. In this reading, solidarity builds upon an already existing community and applies to members only. On the other hand, invoked by those who aim to question the status quo, solidarity also plays a key role in practices of contestation. In these contexts, it focuses on collective action and the reimagination of political community. The article ends by articulating how this second interpretation of solidarity might prove helpful in making sense of our current predicament of a global pandemic. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 2 2021 |
Trefwoorden | Solidarity, COVID-19 epidemic, Foucault, Social cohesion, Practicing |
Auteurs | Marli Huijer |
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In response to the COVID-19 pandemic, most governments in Europe have imposed disciplinary and controlling mechanisms on their populations. In the name of solidarity, citizens are pressed to submit to lockdowns, social distancing or corona apps. Building on the historical-philosophical studies of Michel Foucault, this article shows that these mechanisms are spin-offs of health regimes that have evolved since the seventeenth century. In case of COVID-19, these regimes decreased the infection, morbidity and mortality rates. But, as a side-effect, they limited the opportunities to act together and practice solidarity. This negatively affected the social cohesion and public sphere in already highly individualistic societies. To prevent the further disappearing of solidarity – understood as something that is enacted rather than as a moral value or political principle – governments and citizens need to invest in the restoral of the social conditions that enable and facilitate the practicing of solidarity after the epidemic. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 1 2021 |
Trefwoorden | Liberalism, Illiberalism, Illiberal practices, Extremism, Discrimination |
Auteurs | Bouke de Vries |
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‘Illiberal’ is an adjective that is commonly used by scholars. For example, they might speak of ‘illiberal cultures’, ‘illiberal groups’, ‘illiberal states’, ‘illiberal democracies’, ‘illiberal beliefs’, and ‘illiberal practices’. Yet despite its widespread usage, no in-depth discussions exist of exactly what it means for someone or something to be illiberal, or might mean. This article fills this lacuna by providing a conceptual analysis of the term ‘illiberal practices’, which I argue is basic in that other bearers of the property of being illiberal can be understood by reference to it. Specifically, I identify five ways in which a practice can be illiberal based on the different ways in which this term is employed within both scholarly and political discourses. The main value of this disaggregation lies in the fact that it helps to prevent confusions that arise when people use the adjective ‘illiberal’ in different ways, as is not uncommon. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 1 2021 |
Trefwoorden | Vulerability Theory, Liberalism, Convention on the Rights of Persons with Disabilities (CRPD), Public Health, Capabilities Approach |
Auteurs | Erwin Dijkstra |
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The public health systems of liberal states systematically fail to meet the goals and obligations of the Convention on the Rights of Persons with Disabilities, which aims to facilitate full societal participation and independent life choices by all impaired persons, as well as the unburdening of their private caretakers. This failure does not stem from a lack of money or effort by governments and other societal institutions, but flaws in the anatomy of these systems. As these systems confine institutional assistance to the needs of persons with certain delineated disabilities, they neglect the needs of other persons, whose disabilities do not fit this mould. The responsibility for the latter group thus falls to their immediate social circle. These private caretakers are in turn seldom supported. To remedy this situation, I will present the alternative paradigm of vulnerability theory as the possible foundation for a more inclusive approach to public health. |