Band 20, Heft 2 - A Contemporary Theory of Democracy & Justice, Editor: Marek Hrubec

Introduction: A Theory of Democracy and Justice

Doom and Democracy: An Essay in Political Soteriology The essay explores the philosophical (metatheoretical) presuppositions of democratic social strategy in the current "apocalyptic age". Here democracy means a way of life based on the assumption that individual freedom, mutual respect and fundamental good will toward the other can be taken for granted; as a feasible and a desirable way of ordering human affairs. In this broadly cultural sense, democracy is an outgrowth of a deeply rooted consensus on the posture of respect and good will toward all. Yet democracy, with its Enlightenment heritage of sober rationality, seems ill-equipped for dealing with apocalyptic threats. That what makes our age apocalyptic is truth denied. The arrogant posture of omnipotence leads to paralysis. A democratic strategy needs to be one that has the courage to face the truth and the commitment to deal heart and will with the finite tasks we recognise once we give up the arrogance of infinite ones.

Democracy and Common Interests across Borders Our conception of the nation state, and the borders that separate nations, is an anachronism. It derives from the 17 th century origins of the European state, and the general roughly Newtonian ideas of the time, according to which individual things are entirely distinct from one another. If we shift our fundamental ideas and consider things, including nations, as relational, then borders take on different functions than they traditionally do. Furthermore, if nations are constituted in their relations with one another, then there are serious implications for our conception of democracy in general and international relations conducted democratically. Democracy, and democratic international relations, consists of the pursuit of common interests across borders and boundaries, domestic and international.

The Role and Nature of Freedom in Two Normative Theories of Democracy The article examines the role and the nature of freedom in two normative concepts of democracy, in the work of Hans Kelsen and of Emanuel Rádl. Both authors wrote their work on democracy between the two world wars. Kelsen formulated his concept of democracy in On the Substance and Value of Democracy (1920), a book which has clearly been influenced by the political thinking of Kant and Rousseau. Kelsen shares Rousseau's idea of general will and on this basis the principle of majority. Rádl outlines his theory of freedom and democracy in The War between the Czechs and the Germans (1928), Nationality as a Scientific Problem (1929) and On German Revolution (1933). Rádl distinguishes between three types of freedom and democracy: natural, majority and contractual. Rádl asserts that only in the third type of freedom, in which freedom is connected with responsibility and the law is freedom true. He considers the first type of freedom to be anarchical freedom, which can easily be misused. The second type of freedom is better than the first, but worse than the third. The author compares these concepts of freedom and democracy then and today and shows how they are linked to the questions of justice and solidarity at national and cosmopolitan levels.

Reflections on Justice under the Context of Globalization This paper deals with the need to change the way in which we consider justice in connection with globalisation. It analyses injustice in countries with developed capitalism, employing the work of Axel Honneth and Nancy Fraser. The paper highlights the importance of using "critical theory" in relation to developing an acceptable understanding of the term justice, and using "critical theory" in conjunction with Hans Herbert Kögler's "philosophical hermeneutics". In order to adequately investigate contemporary human civilization it is necessary to enrich our knowledge by investigating "civilisational analysis" (Johann P. Arnason).

The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls The paper deals with the relation of a theory of international justice, specifically John Rawls's philosophy of the law of peoples, and a theory of global justice. In the first part, the paper outlines Rawls's main theses on the international conception of the law of peoples. The second part concerns a problem found in segments of Rawls's theory, specifically his concept of a social contract—contractualism. This problem inadequately approaches the relationship between the individual and the community. The third part deals with the inconsistent points in Rawls's theory contained in part two, i.e. his principles of justice selected with the aid of social contract. In the fourth part, the paper concentrates on the consequences of these limitations for a socially distributive dimension of justice or as an approach for dealing with disproportionate global inequalities. The last part formulates the causes of the limitations of Rawls's theory of international justice and points out the need for a global justice which is socially and inter-culturally considerate.

On Sources of Structural Injustice: A Feminist Reading of the Theory of Iris M. Young The author focuses on a critical theory of justice and democracy by Iris Marion Young. Young's normative approach to justice and the institutional framework of inclusive democracy develops out of her critique of injustice. In the first section the author explains Young's approach to structural injustice, which she conceptualizes in terms of domination and oppression. In the second part the author elucidates Young's concept of the politics of difference and inclusive democracy. In this context Young differentiates between social and cultural groups; this enables her to take into consideration the political significance of group differences. The author goes on to present Young's critical theory of gender based on the notion of women as a social structural group. Young argues that gender refers to social structures that shape relations of subordination and oppression rather than to identity. In the final part the author discusses the application of Young's concept of structural injustice at a transnational level. Finally, she concludes with an outline for a feminist reading of the concept of structural injustice in a transnational context.

Child Labour in Kashmiri Society: A Socio-human Rights Study The Constitution of India guarantees fundamental rights and the full freedom to enjoy childhood. In spite of that millions of children are being put to arduous work for short and narrow gains. By 1989, the standards concerning children were brought together in a single legal instrument agreed to by the international community. It unambiguously spelt out the rights to which every child is entitled, regardless of place of birth, descent, sex, religion, or social origin. A number of aspects, such as gender, family background, cultural acceptance, issues of health and recreation, the legal aspect and so on, have been covered. The life worlds of working children, legal protection to children from exploitation and the human rights perspective of child labour is the main focus of this article.

Education Infrastructure and Unsustainable Development in Africa Rather than creating the appropriate social relations for the means of production, the perspective on development in Africa has hinged on "infrastructure for development" thus leading to underdevelopment. This is because the social relation of infrastructure for development is parasitic and thus cannot reproduce itself. What it does is to accumulate primitive capital for conspicuous consumption rather than the creation of reproductive capital. Consequently, a dependency relation with the source(s) of primitive capital accumulation is almost inevitable if the dominant group in the relationship, with its foundation in the acquisition of formal education, is to continue to subsist. Ironically, this incapacitates the subordinate group(s) as their recruitment processes are conditioned by the powerful ideological state, now global, apparatuses. The paper shows how this process works through the empirical examples of the acclaimed "success" story of Botswana and the perceived "failed" state of Nigeria.