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Deliberation and Courts

The Role of the Judiciary in a Deliberative System

Donald Bello Hutt

Abstract

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy.

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Elias L. Khalil

Abstract

This article advances what it calls the ‘Impossibility Result’: it is impossible to claim that the reduction of exploitation leads to the improvement of efficiency. The Impossibility Result is the inevitable result of the proposed conceptual difference between ‘injustice’ and ‘exploitation’. Injustice occurs when one member of a society deviates from the norms and the legal rules concerning how one should treat other members of that society. Exploitation occurs when one member of a society takes advantage of entities such wild animals, cattle, a field of vegetables, or other people that lie outside the boundary of that society. In many cases of exploitation, the exploited may derive some benefit, as in the case when enslavement is better than death. In other cases of exploitation, the exploited may derive zero benefit, called here ‘harm’, as in the case when a deer is hunted.

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Kant’s Contradiction in Conception Test

A Causal-Teleological Version of the Logical Contradiction Interpretation

James Furner

Abstract

The contradiction in conception test (CC test) is one of two tests posed by Kant’s Formula of the Law of Nature. This article proposes a new interpretation of this test: a causal-teleological version of the Logical Contradiction Interpretation (LCI). Its distinctive feature is that it identifies causal and teleological implications in the thought of a universal law of nature. A causal-teleological version of LCI has two advantages. While the established view of the Groundwork’s applications of the CC test is a hybrid view that treats the Groundwork’s arguments as different in kind, a causal-teleological version of LCI unifies the Groundwork’s applications of the CC test. Relatedly, a causal-teleological version of LCI provides a solution to the problem of how the CC test can confirm the impermissibility of a self-directed maxim.

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Relational Ethics and Partiality

A Critique of Thad Metz’s ‘Towards an African Moral Theory’

Motsamai Molefe

Abstract

In this article, I question the plausibility of Metz’s African moral theory from an oft neglected moral topic of partiality. Metz defends an Afro-communitarian moral theory that posits that the rightness of actions is entirely definable by relationships of identity and solidarity (or, friendship). I offer two objections to this relational moral theory. First, I argue that justifying partiality strictly by invoking relationships (of friendship) ultimately fails to properly value the individual for her own sake – this is called the ‘focus problem’ in the literature. Second, I argue that a relationship-based theory cannot accommodate the agent-related partiality since it posits some relationship to be morally fundamental. My critique ultimately reveals the inadequacy of a relationship-based moral theory insofar as it overlooks some crucial moral considerations grounded on the individual herself in her own right.

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Lasse Thomassen

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Class versus Nation

A History of Richard Turner’s Eclipse and Resurgence

Ian Macqueen

Abstract

This article explores the eclipse and resurgence of the influence and ideas of Richard Turner in South Africa between 1968 and today. The article does this by first exploring Turner’s historical context more closely. It provides an overview of the contributing factors to Turner’s eclipse, namely: government repression, generational differences and strategic disagreements within the New Left. Andrew Nash’s (1999) argument that the eclipse of Turner and the New Left was due in part to their failure to recognise the salience of nationalism is explored, but placed in historical context of these other important factors. The article points, however, to the concurrence of a resurgence of interest in Turner’s work with a broader crisis in the nationalist project in contemporary South Africa (Hart 2013), a development which seems to strengthen the view that the New Left’s fortunes lie on the convex of the ambiguous project of nationalism in South Africa.

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Raphael de Kadt

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Imagining Utopia in an Unfree World

Rick Turner on Morality, Inequality and Existentialism

Mary Ryan

Abstract

This article employs Rick Turner’s Eye of the Needle, ‘What Is Political Philosophy?’, and ‘Black Consciousness and White Liberals’ as examples in the evolution of his existential attempts to proclaim and cultivate societal reform. Specific attention is paid to his interactions with moral ideology, intellectual inspirations like Sartre and Biko, and his dual ability to function utilising pragmatism alongside imagination. Ultimately, Turner’s philosophy remains salient today, given the political challenges arising in societies around the world, urging citizens to take a fresh look at his civic demands.

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Peter Hudson

Abstract

This article discusses aspects of Rick Turner’s life and thought based on the author’s relationship with Turner in the 1970s. It weaves together an apercu into Turner as a person with a reflection on where Turner stood in the intellectual milieu of South African in the 1970s. His basic orientation in philosophy was a commitment to the self-transcending subject of Sartre, and this is discussed in relation to The Eye of the Needle, psychoanalysis and the Althusserian repudiation of the subject, which had by then reached the South African left.

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The Nemesis of the Suburbs

Richard Turner and South African Liberalism

Steven Friedman

Abstract

Richard Turner’s contribution to thinking on race in South Africa is often undervalued. As influential as his thinking on economic and social alternatives was, a close reading of his work in context suggests that his core concern was a critique of white liberalism, and that this was itself a means to a wider analysis of whiteness in a racially stratified society. An analysis of contemporary South Africa suggests that his critique remains an important resource in our attempt to discuss current realities. Acknowledging the centrality of racial domination in Turner’s thought highlights the continued salience of his understanding of South African social reality.