Thinking about justice: a traditional philosophical framework

Rippon, Simon; Zala, Miklos; Theuns, Tom; Maagt, Sem de; Brink, Bert van den

doi:10.4337/9781839108488.00009

Cited by 2 publications

(1 citation statement)

References 19 publications

(23 reference statements)

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“…195 The principle being that people in the Global South, through their (ironically) privileged position as the sufferer of human rights impacts gain knowledge that is inaccessible otherwise to a legislator in Europe: to put simply, considerations of legislation that dwell upon how good it will be for the victims of the Rana Plaza disaster that do not enable the Rana Plaza victims to participate fails to respect their epistemically superior standing. 196 The respect one owes them as autonomous agents and not merely passive recipients of European generosity is eroded as well in that process: their very recognition as moral agents is threatened. 197 Their position as marginal, by definition, in international law and in the European politics makes it is too easy to overlook and ignore their voices.…”

Section: Heads: Not Having Mhrdd Laws Is Neo-colonialmentioning

confidence: 99%

Decentring Narratives around Business and Human Rights Instruments: An Example of the French Devoir de Vigilance Law

Bose

2023

Bus. and hum. rights j.

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There has been tremendous momentum in adoption of business and human rights regulations, specifically national legislation that mandate human rights due diligence. While these laws have been heralded as the torchbearers of progress, this article approaches national legislation on business and human rights by placing them in context of a North–South divide through a Third World Approaches to International Law (TWAIL) lens. It looks at the form of regulation of transnational corporations (national/international) – not the substance – and illustrates the neo-colonial flavour of these laws by diving into the narrative behind the adoption of the French devoir de vigilance law. It illustrates that the French law can also be read as an attempt to universalise European values while reinforcing power hierarchies. The claim of this article is that national legislation cannot be a substitute for a treaty but only a path towards one, because national legislation structurally lacks means to take the Global South participation seriously.

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Section: Heads: Not Having Mhrdd Laws Is Neo-colonialmentioning

confidence: 99%

Decentring Narratives around Business and Human Rights Instruments: An Example of the French Devoir de Vigilance Law

Bose

2023

Bus. and hum. rights j.

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Representative justice in the European normative framework and tensions with the national political discourses

Akkan

Lepianka

2020

European Politics and Society

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Political discourses in Europe operate at the supranational, national and local level, with supranational institutions providing a normative framework for the policy making at lower governance level. However, the actual appeal of the legal, political and normative frameworks offered by supranational European institutions remains unclear. For example, while 'justice' is deemed constitutive of European values and ideals of democracy, and European institutions offer a clear vision of what 'justice' in pluralistic European societies should imply, relatively little is known about how this normative framework is reflected in national-level politics. The current article aims to close this gap by comparing political discourses on representative justice in six European countries with the European normative framework reconstructed on the basis of documents issued by the Council of Europe (CoE) and the European Parliament (EP). The research question we address relates to how the European normative framework on representative justice for minority and vulnerable groups is present and strived for in national political discourses. Our analysis shows that the principles of representative justice set out at the supranational European level lose their appeal at the national level politics permeated with conflicting visions of what is just, for whom and on what moral grounds.

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Thinking about justice: a traditional philosophical framework

Cited by 2 publications

References 19 publications

Decentring Narratives around Business and Human Rights Instruments: An Example of the French Devoir de Vigilance Law

Decentring Narratives around Business and Human Rights Instruments: An Example of the French Devoir de Vigilance Law

Representative justice in the European normative framework and tensions with the national political discourses

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