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Where does our modern democracy come from? It is a composite of two very different things: a medieval tradition of political participation, pluralistic but highly elitist; and the notion of individual equality, emerging during the early modern period. These two things first converged in the American and French revolutions – a convergence that was not only unexpected and unplanned but has remained fragile to this day. Democracy's Double Helix does not simply project and trace our modern democracy back into history, assuming that it was bound to come about. It looks instead at the political practices and attitudes prevailing before its emergence. From this perspective, it becomes clear that there was little to predict the coming of democracy. It also becomes clear that the two historical trajectories that formed it obey very different logics and always remain in tension. From this genuinely historical vantage point, we can therefore better understand the nature of our democracy and its current crisis.
This Article explores the reach of Section 9 of South Africa’s democratic Constitution which entrenches the right to equality before the law and equal protection and benefit of the law in the light of the long legacy of apartheid geography. It argues that the equality clause has had its most profound impact in relation to areas of the law where discrimination is embedded in legal rules, perhaps most notably in the field of family law, and that it has had less impact in addressing patterns of material inequality that run along racial lines but that are not directly furthered by legislation or legal rules. It identifies some of the reasons why the equality clause is less effective at addressing patterns of racial inequality that arise from social and economic practices.
The German Federal Constitutional Court has defined constitutional limits for exclusionary legislation in social law. In these judgments, the Federal Constitutional Court has used human dignity and social equality doctrines to address poverty and social exclusion based on a specific group status as constitutional issues. In doing that, the Federal Constitutional Court has developed practices of a social constitutionalism. While the reviewing power of apex courts for restrictions in classic civil liberties is generally accepted, it is more contested and less obvious for distributive welfare policies. That is why, the practices of social constitutionalism of the Federal Constitutional Court have been an important constitutional development in recent years. The case law shows that they strengthen the social rights protection of the most vulnerable groups in society: people in need and refugees.
Millions worldwide face poverty daily. While its effects vary by society, poverty consistently marginalizes individuals, limiting their opportunities and access to societal benefits. Myths about poverty undergird and perpetuate socioeconomic exclusion, being the vehicles for cultural processes, such as stigmatization, racialization, and rationalization. These myths abound in law. They include the conception of poverty as solely concerned with the deprivation of basic material goods; equal opportunities and collective amnesia about the past; stigmatization of people in poverty as irresponsible and lazy; the categorization of aspects and elements of their poverty condition as criminal. This Article argues that judges, as (meta)narrators, have the power to challenge myths and develop new narratives about poverty, through the language of non-discrimination and equality. This could open the way to judicially redress certain troubling situations of misrecognition, social exclusion and inequality. Ultimately, as long as myths about poverty prevail in law any attempt to tackle the issue of socioeconomic exclusion is destined to fail. This article contributes to the law and sociology literature on poverty in judgecraft by addressing the research gap on narratives of poverty within judicial reasoning and practice.
This chapter seeks to strengthen the account of the Principle of Multispecies Legality offered in the previous chapter by responding to potential queries and concerns around the proposal’s structure, scope, and feasibility. The outlined concerns are as follows: that the PML is an attempt to redefine legal personhood; that a focus on interests is too inclusive, in that in opening the doors of legal inclusion to a relatively wide range of beings and entities it would put undesirable constraints on human activity; that a focus on interests is too limited in that it doesn’t capture the full scope of animals’ capabilities; that the PML will result in the equal treatment of humans and all other animals; that we shouldn’t base a being’s worth on their possession of a particular characteristic; and that the PML will be too unfeasible to implement.
This chapter asks: how did notions and practices of individual equality arise out of the experience of the Reformation and of the religious pluralism that it engendered across Europe?
This chapter asks: how did the Enlightenment bring together and interweave the various germinating strands of individual equality, and how did enlightened writers translate the notion into political ideas and institutional schemes?
The introductory chapter explains and legitimates the approach of the book: why does it make sense to write the long-term (pre)history of democracy as a history of two distinct phenomena – pluralistic participation and individual equality – and of their convergence? Why can it be argued that this convergence was not unavoidable and is not irreversible?
This chapter asks: how did notions and practices of individual equality arise out of the growing marketisation and monetarisation of economic production, exchange and consumption?
Chapter 2 explores an important premise which underlies this critique of the law: it examines the idea that disfigurement inequality is a problem which merits a legal response – namely the granting of protective rights under the Act. It concludes that, despite some uncomfortable distinctions, there is a compelling case for a legal response in this area. The nature of law’s current response is then laid out. Relevant parts of the international legal framework – including EU law, the UN Convention on the Rights of Persons with Disabilities (‘CRPD’) and decisions of the European Court of Human Rights (‘ECtHR’) applying the European Convention on Human Rights – are explained by reference to the models of disability which implicitly inform them.
This chapter asks: how did notions of individual equality arise out of – and contribute to – the intellectual traditions of natural law and contract theory?
This chapter asks: how did institutionalised political participation, individual equality and, in particular, their fusion survive into and develop during the nineteenth century, and what can we learn from the historical genesis of democracy as a composite of two different elements, as sketched in this book, for the predicament of democracy today?
Chapter 3 probes the meaning of the word ‘equality’. It outlines a multidimensional, substantive conception of equality, as adopted by the UN Committee for the Rights of Persons with Disabilities. But it notes the Act’s lack of engagement with some aspects of this ideal. The Act’s scope is both more limited and more individualised than this substantive concept might demand. Making sense of what law might intend to contribute to meeting equality ideals is difficult but necessary, as it can provide a benchmark against which to evaluate the law. With this in mind, this chapter proposes five potential objectives, which are guided by the Act’s scope. These range from changing attitudes and shaping perceived social norms through to influencing behaviours or compensating victims of negative treatment. These potential objectives are used as a framework for assessment of law’s contribution throughout the rest of the book.
In his Doctrine of Right, Kant claims that freedom is the only innate right. The Feyerabend Lectures, in contrast, contains a list of many innate rights. I compare Kant’s conception of innate right with Achenwall’s as well as those of Heineccius, Meier, and Hutcheson. Although in Feyerabend Kant lists various innate rights (plural), they roughly correspond to the “authorizations” that Kant develops in the Doctrine of Right from the single innate right of freedom, and even in Feyerabend they are linked to freedom. Not only did Kant have a different basis for right in freedom, his explanation of what the others call innate rights in terms of freedom better explains their importance.
Throughout this book, you have been challenged to look at the role the Arts play in society and in education. Various methodologies have been suggested and each specific Arts area has been broken down for you. The tools are now in place for you to organise Arts learning and teaching in your classroom. You also have reflective tools to apply to the learning and teaching you undertake. In this final chapter, we challenge you to imagine your Arts-rich classroom. What do you want the Arts to look like and how do you want your students to engage in them? These decisions will reflect your vision and rationale for teaching the Arts and your many experiences in working with the Arts as you have progressed through this book. These decisions are best made by the person who decides the ‘what’ and ‘how’ for their students every day: you.
This chapter introduces the book’s motivation: to understand how activists use identity to manage the apparent contradiction between the promises of legal inclusion and persistent forms of marginalization. The chapter illustrates the importance of the issue through discussion of the activism of two lesbian groups – Free Gender in Cape Town, South Africa, and La Fulana in Buenos Aires, Argentina – that form the focus on the book. Both organizations strategize sexual identity in tandem with other racial, class, and gender identities, albeit in different ways. The chapter presents the conceptual background of the book, which adopts a historical approach to understanding LGBT inclusion into citizenship and explains the relevance of intersectionality to contemporary LGBT organizing. The chapter previews the theoretical framework developed in Chapter 1 that accounts for key differences in how the two organizations strategically use multiple identities. The chapter concludes with a discussion of some of the methodological aspects of the research and presents the plan for the rest of the book.
Archaeologists have long investigated the rise of inequality in prehistoric Europe. I argue that images of steadily increasing inequality are usually based on cherry-picking outstanding cases and selectively interpreting the results. Based on a large-scale qualitative assessment of the Central Mediterranean, I make two claims. First, a broad review of evidence suggests that social inequality was not a major organizing principle of most prehistoric societies. Instead, throughout prehistory, inequality formed part of a heterogeneous, heterarchical social order. Second, this was not simply due to historical chance or stagnation. As my outline of the “people’s history” of prehistoric Europe suggests, many of the archaeologically most visible developments in every period were actively aimed at undermining, encapsulating, or directing the potential development of hierarchy. In this sense, Europe’s long prehistory of limited and ambiguous hierarchy does not represent a failure of social evolution but rather widespread success in developing tactics for maintaining equality.
This chapter focuses on digital collaboration when learning an additional language (L2), a specific type of learner–learner interaction. In CALL contexts, collaboration has almost exclusively been researched in connection with writing, which will be the focus of this chapter. The chapter first provides a definition of collaboration versus cooperation and then a literature review of digital collaboration, mainly in writing contexts. We conclude with a list of strategies for promoting collaboration and suggestions for future collaboration contexts and research.
This chapter claims that in the new millennium, religious conservatives succeed in their struggles to control women’s bodies and to turn their private prejudices into public policy through the misappropriation of human rights and by gaining unwarranted religious exemptions. By allegedly demanding the protection of their own rights to religious liberty, conscientious objection, equality, and multicultural accommodations, religious conservatives are reversing the progress in women’s rights and using liberal rights and concepts as a weapon against women. The chapter argues that, contrary to popular belief, the separation between religion and the state cannot protect women’s rights against the religious conservative attack. It compares the religious conservative attack on women’s rights in the USA, where religion is separated from the state, to the religious conservative attack on women’s rights in Israel, where there is no separation between religion and the state, and shows that despite the very different religion–state relations, the religious conservative attack in the USA and Israel is similar in both method and success.