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Joshua Cohen explains how the values of freedom, equality, and community all work together as parts of the democratic ideal expressed in Rousseau's conception of the 'society of the general will'. He also explores Rousseau's anti-Augustinian and anti-Hobbesian ideas that we are naturally good.
The acute desire to close American borders to new arrivals, mostly persons of color from developing countries, has surfaced in school board gatherings, town hall meetings, gubernatorial races, even presidential elections. . . . Does America still see itself as the 'land of immigrants'? Why not . . . invest in the survival and progress of all immigrants?--Edwidge Danticat, from the Foreword In this timely book, Owen Fiss examines the paradox of new immigrants being stripped of their rights within a democracy committed to equality. Arguing that it is in the interest of all of us-citizens and citizens-to-be-to live up to the promise of our Constitution, Fiss challenges the courts to invoke the courage they once brought to landmark civil rights cases and to apply it now to preserve a community of equals. Distinguished scholars and activists respond and debate the implications of Fiss's argument. The New Democracy Forum is a series of short paperback originals exploring creative solutions to our most urgent national concerns.
Since the 1980s, society’s wealthiest members have claimed an ever-expanding share of income and property. It has been a true counterrevolution, says Pierre Rosanvallon—the end of the age of growing equality launched by the American and French revolutions. And just as significant as the social and economic factors driving this contemporary inequality has been a loss of faith in the ideal of equality itself. An ambitious transatlantic history of the struggles that, for two centuries, put political and economic equality at their heart, The Society of Equals calls for a new philosophy of social relations to reenergize egalitarian politics. For eighteenth-century revolutionaries, equality meant understanding human beings as fundamentally alike and then creating universal political and economic rights. Rosanvallon sees the roots of today’s crisis in the period 1830–1900, when industrialized capitalism threatened to quash these aspirations. By the early twentieth century, progressive forces had begun to rectify some imbalances of the Gilded Age, and the modern welfare state gradually emerged from Depression-era reforms. But new economic shocks in the 1970s began a slide toward inequality that has only gained momentum in the decades since. There is no returning to the days of the redistributive welfare state, Rosanvallon says. Rather than resort to outdated notions of social solidarity, we must instead revitalize the idea of equality according to principles of singularity, reciprocity, and communality that more accurately reflect today’s realities.
Literature for a Society of Equals defends modern equality and seeks its best literature. It accuses equality’s supposed friends on the left of attenuating this world-redefining relationship into a collection of rights and goods to distribute, secularizing it even as the right keeps sacralizing hierarchies, and optimistically handing it over to time to make it happen. In contrast, loyal to equality as modernity’s revolutionary invention, the writers examined here—from Mary Shelley to Gwendolyn Brooks to Ta-Nehisi Coates—envision "relational equality" as lately recovered by philosophers like Elizabeth Anderson and historians like Pierre Rosanvallon. Literary scholars need to reread these "pessimist egalitarians," too, though, for the discipline has failed them in the same three ways: i.e., attenuating and secularizing these writers’ portraits of equality but most of all insisting the sympathy generated by reading these texts will, with enough time, "expand the circle" of humanity. For students and teachers of literature at the university level, this volume is a guide to those writings that champion equality as relational, sacred, and ours—not time's—to realize.
Society's wealthiest members claim an ever-expanding share of income and property--a true counterrevolution, says Pierre Rosanvallon, the end of the age of growing equality launched by the American and French revolutions. Just as significant, driving this contemporary inequality has been a loss of faith in the ideal of equality itself.
"Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--
In this provocative book, economist Jonathan Rothwell draws on the latest empirical evidence from across the social sciences to demonstrate how rich democracies have allowed racial politics and the interests of those at the top to subordinate justice. He looks at the rise of nationalism in Europe and the United States, revealing how this trend overlaps with racial prejudice and is related to mounting frustration with a political status quo that thrives on income inequality and inefficient markets. But economic differences are by no means inevitable. Differences in group status by race and ethnicity are dynamic and have reversed themselves across continents and within countries. Inequalities persist between races in the United States because Black Americans are denied equal access to markets and public services. Meanwhile, elite professional associations carve out privileged market status for their members, leading to compensation in excess of their skills.
Is equality valuable? This question dominates many discussions of social justice, which tend to center on whether certain forms of distributive equality are valuable, such as the equal distribution of primary social goods. But these discussions often neglect what is known as social or relational equality. Social equality suggests that equality is foremost about relationships and interactions between people, rather than being primarily about distribution. A number of philosophers have written about the significance of social equality, and it has also played an important role in real-life egalitarian movements, such as feminism and civil rights movements. However, as it has been relatively neglected in comparison to the debates about distributive equality, it requires much more theoretical attention. This volume brings together a collection of ten original essays which present new analyses of social and relational equality in philosophy and political theory. The essays analyze the nature of social equality, as well as its relationship to justice and politics.
Contains six essays which discuss issues relating to equality.
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.