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The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be – should be – conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today’s democratic polities. The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union’s bodies and in its Member States. There are detailed examinations of how the principle appears in such realms as the following: national constitutions; welfare systems; regulation of contracts; social effects of legal rules; women’s rights; the social market economy; the social doctrine of the Catholic Church; affirmation of corporate social responsibility; and sustainability and corporate governance. The author describes how each context contributes to a meaningful elaboration of the concept of solidarity, thus synthesising and extending prior work on the subject. Following Kant’s dictum that the solidarity of mankind is a ‘to be or not to be; a matter of life or death’, in today's difficult and calamitous times it is appropriate to rethink the principle of solidarity as the reason for living, living fully and not just surviving, in a social agglomeration we call a community. Decoding solidarity, in order to fully understand its potentialities, misrepresentations, and mystifications has therefore become a task entrusted to jurists. For this reason, this matchless book will prove invaluable for lawyers, judges, and policymakers, all of whose professions demand authoritative knowledge of the legal relations among individuals and among legal entities.
This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.
Finding the phenomenon of solidarity an erratic block in the midst of the moral landscape of the modern age, scientists from philosophy, sociology, history, law, psychology, and biology met in the Autumn of 1994 at the University of Bielefeld, Germany, to ponder the concept, its history, and its significance. Those presentations are here augmented by others to expand the coverage. Among the topics are four uses of solidarity, fraternity and justice, the bonds and bounds of solidarity, theoretical perspectives for empirical research, institutional and social concepts of solidarity in 19th-century western Europe, constitutional law, citizenship, and post-modern perspectives. The labor movement is even mentioned a few times. Annotation copyrighted by Book News, Inc., Portland, OR
This volume presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. Each contributor addresses these questions by examining normative operations of the principle of solidarity in different branches of international law – including international disaster law, international humanitarian law, the law of development cooperation and international environmental law – as well as the relationship between the principle of solidarity and other legal principles such as the responsibility to protect and intergenerational equity.
This book brings together philosophers, social psychologists and social scientists to approach contemporary social reality from the viewpoint of solidarity. It examines the nature of different kinds of solidarity and assesses the normative and explanatory potential of the concept. Various aspects of solidarity as a special emotionally and ethically responsive relation are studied: the nature of collective emotions and mutual recognition, responsiveness to others’ suffering and needs, and the nature of moral partiality included in solidarity. The evolution of norms of solidarity is examined both via the natural evolution of the human “social brain” and via the institutional changes in legal constitutions and contemporary work life. This text will appeal to students, scholars, and anyone interested in the interdisciplinary topic of social solidarity.
This book presents a new view on the concept of solidarity and explains how it complements justice in health and social care.
The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
Accounts of solidarity typically defend it in teleological or loyalty terms, justifying it by invoking its goal of promoting justice or its expression of support for a shared community. Such solidarity seems to be a moral option rather than an obligation. In contrast, A Moral Theory of Solidarity develops a deontological theory grounded in equity. With extended reflection on the Spanish conquest of the Americas and the US Civil Rights movement, Kolers defines solidarity as political action on others' terms. Unlike mere alliances and coalitions, solidarity involves a disposition to defer to others' judgment about the best course of action. Such deference overrides individual conscience. Yet such deference is dangerous; a core challenge is then to determine when deference becomes appropriate. Kolers defends deference to those who suffer gravest inequity. Such deference constitutes equitable treatment, in three senses: it is Kantian equity, expressing each person's equal status; it is Aristotelian equity, correcting general rules for particular cases; and deference is 'being an equitable person,' sharing others' fate rather than seizing advantages that they are denied. Treating others equitably is a perfect duty; hence solidarity with victims of inequity is a perfect duty. Further, since equity is valuable in itself, irrespective of any other goal it might promote, such solidarity is intrinsically valuable, not merely instrumentally valuable. Solidarity is then not about promoting justice, but about treating people justly. A Moral Theory of Solidarity engages carefully with recent work on equity in the Kantian and Aristotelian traditions, as well as the demandingness of moral duties, collective action, and unjust benefits, and is a major contribution to a field of growing interest.
Kristi A. Olson asks: What is a fair income distribution? She rejects equal income shares: equal pay undercompensates workers in dangerous and onerous jobs. The envy test, which takes both income and work into account, fares better. Yet, a distribution in which no one prefers someone else's circumstances to her own-as the envy test requires-is unlikely to exist, and even when it does exist, the normative connection between envy and fairness has not been established. After critiquing existing answers, Olson invokes the idea of mutual justifiability: when someone claims that her situation should be improved at someone else's expense, she must be able to give a reason that cannot be reasonably rejected by a free and equal individual who regards everyone else as the same. To give the answer bite, Olson distinguishes two types of envy. Reasons based on personal envy can be reasonably rejected; reasons based on impersonal envy cannot. Olson then tests the solidarity solution against the theories of Ronald Dworkin, Philippe Van Parijs, and Marc Fleurbaey and applies it directly to the concrete issues of the gender wage gap and taxation. By providing a new approach to problems of fair resource allocation, The Solidarity Solution establishes philosophical discussion as critical to today's fight to end economic injustice.
This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.