10 The Subject of Freedom at the End of History: Socialism Beyond Humanism

A bstract .   The postmodernist turn in theory left the status of humanism in some doubt. This chapter argues that a recuperation of a specifically socialist humanism is both possible and desirable, but only by overcoming the anthropocentrism of radical humanism. Renaissance and Enlightenment conceptions of the subject were rooted in an untenable dichotomy between the human and the animal, in ways that vitiated the idea and ideal of universal freedom. By conflating subjectivity as such with human subjectivity, humanism created a diremption in the world that placed the knower (human consciousness) on one side, and the merely known (objectified Nature) on the other. Marxism and socialist humanism reproduced this error in ways that have undermined the socialist vision of universal emancipation, misconstrued the nature of the subject, and overlooked the significance of human domination of other animals. The author advocates a new approach, what he calls metahumanism , to affirm a "two-sided" freedom in which the liberation of other animals from human oppression, and the emancipation of ourselves as animals—that is, the restoration of the sensual dimension of existence, free sexual expression, and valorization of the labor and love of the body—would become central features of a new movement for civil and cultural reform.     

9. Human Rights: Historical Learning in the Shadow of Violence

This paper emphasizes the historical dimension of human rights understood as a social ethic. Rather than timeless principles, human rights and the universality proper to them emerge in a process of suffering, conflict, political assertion, and institutional change. We can understand them as historical yet also universal by seeing that human rights arise in processes of social learning that take place in an increasingly globalized world. Such learning often has advanced in the face of dramatic violence, for example, the bombing of Hiroshima. But the demands on a global social ethic today are not only a matter of responding to threats and acts of dramatic violence in isolation. Attention to the example of Hiroshima suggests that the problem of violence is bound up with other questions about the regulation of emerging technical powers in a context of inequality and social conflict. To what extent can an ethic centered on human rights provide an ethics that can inform effective responses to these problems? To consider the promise of human rights, we look more closely at the kind of social learning they involve and explore in particular the role of social movements in forging new identities and reciprocities along with normative claims proper to a global public sphere (the anti‐apartheid movement provides an example). We go on to see that these political experiences can inform interpretations of historical experience that can inform a widened sense of historical possibilities, both those missed in the past and those that confront us today. While this argument may thicken our sense of the promise of a human rights ethic, it remains speculative, not least because of the limited effectiveness of these norms in practice today. We close with the suggestion that nonetheless a coherent ethical response is possible, one that in the wealthy parts of the globe might take the form of an ethic of democratic responsibility. This would both represent a distinctive kind of learning and perhaps contribute to a wider advance of human rights.     

基本人权原则在中国宪法中的模式嬗变

基本人权原则是宪法基本原则之一,虽然各国宪法表现形式不同,但都在宪法中确认了基本人权原则,我国宪法也同样如此。中国四部宪法确认基本人权原则,分别采取了默示型和明示型确认模式,其中默示型确认模式又经历了后置式和前置式两个发展阶段,体现了基本人权原则在中国宪法中的演变过程,也揭示了人权在我国日益受到关注和重视的历史脉络。     

4 Human Rights, Global Justice, and Disaggregated States: John Rawls, Onora O'Neill, and Anne-Marie Slaughter

A bstract .   Human rights are urgently important rights that all individual persons may validly claim and that all governments are obligated to respect. According to some philosophers, no government can plausibly claim legitimate authority unless its legal and political system ascribes such rights, and no society can plausibly claim to be just unless it has a legitimate government. John Rawls presents his own version of this conception in the context of his account of the moral basis of a just global system of public law, which he calls the Law of Peoples. According to some of his critics, including Onora O'Neill, not only is the Law of Peoples statist, but also it relies on a false view of the state. O'Neill has developed a new conception of an ideally just global order in which states have fewer, and corporations more, powers and obligations to secure human rights, in contrast to Rawls's conception. Her conception is consistent with Anne-Marie Slaughter's account of the transformation of state sovereignty due to globalization. However, contrary to initial appearances, it is not the case that O'Neill's and Slaughter's views taken together require significant modification of Rawls's conception of human rights. There is no fundamental conflict between Rawls's conception of human rights and Slaughter's account of state transformation. And O'Neill's criticisms of Rawls's view are unwarranted.     

The Primacy of Space in Politics: Bargaining Rights,Freedom and Power in an İstanbul Neighborhood

This article explores and theorizes the ways in which urban space and political contestations are mapped onto each other. The ethnography illustrates the multifaceted transformations in a notoriously secularist neighborhood of ?stanbul, Te?vikiye, as it first turns into a high‐consumption locality in the post‐1980s, then into a high‐conflict urban space in the new millennium on the arrival of Muslim high‐spenders, particularly headscarved women. Aiming to fill the gap left by the absence of spatial analysis from political science and political sociology, I argue that the urban neighborhood becomes central for political contestation when both government and opposition fail to protect and secure liberties and rights. Now that devout Muslims are integrated into highly contested urban sites and share bourgeois lifestyles, ordinary people act in defense of their ‘sphere’ of freedom and privacy. This new territoriality is largely symptomatic of increasing fears of losing freedom, privacy and social status. This spatial defensiveness is reinforced by people's decreasing trust in, and increasing demands from, the state for the protection and security of their rights and liberties. My overarching argument is that exclusive attention to the bipolar clash between devout Muslims and secularists under the rubric of ‘neighborhood wars’ obscures multipolar conflicts around the discontents stemming from authoritarianism and democratization.     

A Response to the British Journal of Industrial Relations Symposium on the Human Rights Watch Report: A Minimum Program for Promoting Collective Bargaining Rights as a Human Right

The publication of Unfair Advantage, a report published by Human Rights Watch (HRW), documents and analyzes how employers routinely violate international human rights standards by depriving U.S. workers of their legal right to organize. In a recent symposium on Unfair Advantage published in the British Journal of Industrial Relations, 7 essays analyzed the strengths and weaknesses of the HRW report from a variety of ideological and theoretical perspectives. Although the scholars who wrote these essays raised a number of important issues concerning Unfair Advantage, they failed to provide any concrete or practical methodologies for using this report to promote the collective bargaining rights of U.S. workers in the early years of the twenty-first century. Thus, the purpose of this paper is to critique these symposium papers as well as to propose a minimum program, on the basis of Unfair Advantage, for advancing the collective bargaining rights of U.S. workers.     

Strategies for Comparative Urbanism: Post‐socialism as a De‐territorialized Concept

The aim of this article is to critically assess the study of post‐socialist cities with respect to comparative urbanism. Even though comparative urbanism has challenged the division of the world into largely incommensurable regional containers, where some regions are sources of theory while others remain in the periphery of thinking, post‐socialist cities have remained doubly excluded: neither centre nor periphery, neither mainstream nor part of the critique. This article introduces three ways in which post‐socialism has and could be perceived: as a container, as a condition and as a de‐territorialized concept. It is argued here that seeing post‐socialism as a de‐territorialized concept that would apply to particular aspects of cities and societies rather than territorialized units in general would allow cities regularly seen as post‐socialist to be incorporated into global urban theorizing, while distinctive local histories and experiences still remain analytically present. The article cautions researchers against area‐based imaginations of urban theorization, instead arguing in favour of an approach that sees cities first and foremost as ordinary while some aspects could be claimed to be post‐socialist. Tallinn is used here as a site from which to draw examples for this mainly literature‐based conceptual analysis.     

1. Globalization and Violence: The Challenge to Ethics

Despite its many benefits, globalization has proven to harbor a good deal of violence. This is not only a matter of the proliferation of weapons of mass destruction inaugurated by the atomic bombing of Hiroshima, but includes many forms of indirect or “structural violence” resulting from the routine of economic and political institutions on the global scale. In this essay, the multifaceted phenomena of violence are approached from the standpoint of ethics. The prevailing political thinking associated with “realism” fails to address the problems of militarism and of hegemonic unilateralism. In contrast, many philosophers are critically rethinking the problem of global violence from different ethical perspectives. Despite sharing similar concerns, philosophers nevertheless differ over the role of philosophical reflection and the potentials of reason. These differences appear in two contrasting approaches associated with postmodern philosophy and discourse ethics. In the analysis of discourse ethics, attention is paid to Karl‐Otto Apel's attempt of philosophically grounding a macroethics of planetary co‐responsibility. At the heart of the essay is the analysis of the problem of violence, including terrorism, by Jürgen Habermas, who explains the phenomenon of violence in terms of the theory of communicative action as the breakdown of communication. Jacques Derrida's deconstruction of the notion of “terrorism” also is analyzed. According to the principle of discourse ethics, all conflicts between human beings ought to be settled in a way free of violence, through discourses and negotiations. These philosophers conclude that the reliance on force does not solve social and global problems, including those that are the source of violence. The only viable alternative is the “dialogical” multilateral relations of peaceful coexistence and cooperation among the nations for solving social and global problems. They emphasize the necessity of strengthening the international rule of law and institutions, such as a reformed United Nations.     

2. The Democratic Peace Myth: From Hiroshima to Baghdad

This paper examines the ideal of the democratic peace and the recent misuse of this ideal in the war on terrorism. It argues against the idea that aggressive military force can be employed to bring about the ideal of the democratic peace. By looking at John Stuart Mill's utilitarian justification of benevolent despotism for barbarians, it examines how idealism can lead to a defense of aggressive intervention. And it considers how idealistic zeal can lead to violations of just war principles, as in the case of Hiroshima. It concludes by arguing that Kant's deontological approach is better. Kant provides us with a reason to hope that as democracy spreads, peace will spread as well. But Kant also prohibits us from using force to actualize this ideal.     

The Vortex of Rights: ‘Right to the City’ at a Crossroads

The right to the city concept has recently attracted a great deal of attention from radical theorists and grassroots activists of urban justice, who have embraced the notion as a means to analyze and challenge neoliberal urbanism. It has, moreover, drawn considerable attention from United Nations (UN) agencies, which have organized meetings and outlined policies to absorb the notion into their own political agendas. This wide‐ranging interest has created a conceptual vortex, pulling together discordant political projects behind the banner of the right to the city. This article analyzes such projects by reframing the right to the city concept to foreground its roots in Marxian labor theory of value. It argues that Lefebvre's formulation of the right to the city — based on the contradiction between use value and exchange value in capitalist urbanism — is invaluable for analyzing and delineating contradictory urban politics that are pulled into the vortex of the right to the city. Following Lefebvre's lead in such an analysis, however, reveals certain limitations of Lefebvre's own account. The article therefore concludes with a theoretical proposition that aims to open up space for further critical debate on the right to the city.     

8. The Grounding of Forgiveness: Martha Nussbaum on Compassion and Mercy

Violence came to define the twentieth century. We live in fear that an even more extreme violence will characterize the twenty‐first century. The city of Hiroshima was the victim of the greatest single stroke of violence in the history of humanity. Yet it managed to arise, Phoenix‐like, as a city devoted to peace in the aftermath of nuclear horror. How was this extraordinary forgiveness possible? Is it possible that it was born out of a compassion for the victims of nuclear holocaust that extended beyond its immediate borders? In several works, but most notably in Upheavals of Thought, Martha Nussbaum has analyzed the conditions for the occurrence of compassion. She has also subjected her largely Aristotelian analysis of compassion to a Stoic‐inspired critique. This paper will reconstruct Nussbaum's analysis, critique, and defense of compassion. I will then extend Nussbaum's analysis to argue how a forgiveness rooted in compassion, rather than mercy, might be possible. The city of Hiroshima's dedication to worldwide peace in the aftermath of nuclear horror is used to illustrate a compassion‐based forgiveness.     

2 Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason

A bstract .   This paper deals with the foundational "architectonics" (Kantian) at the ground of the internal relation between the three concepts raised in the title. First, I provide a short introduction into the ultimate foundation of practical philosophy by the transcendental-pragmatic conception of discourse ethics . Then, I discuss the foundational relation between discourse ethics , positive law , and democracy as a constitutional state of law . Finally, I explore the foundational relation between human rights as part of universal law, the democratic state of law, and international law or jus gentium . By taking issue with Kant, Habermas, and Rawls, I try to show that a rational foundation of ethics, as well as a rational approach to the traditional problems of international law, is only possible through a critical transformation of Kant's approach via a transcendental-pragmatic conception of discourse ethics.     

1. The Role of Land Markets in Economic Crises

It is widely recognized that the economic crisis of 2009 was caused by unsound lending for real estate. Largely ignored, however, is that this contraction was easily predicted on the basis of a well-established pattern of land speculation, premature subdivision, and excessive building on marginal land that recurs approximately once every 18 years. Capital locked up in projects that are started during a land bubble is effectively lost during the downturn, leaving the nation without sufficient capital to finance ordinary business operations during the recovery period. The best instrument for avoiding this boom-bust cycle is the property tax and, more specifically, the portion that falls on land. We explore here the ways in which the property tax influences the intensity, timing, and location of development. We also examine why frequent and accurate assessment are essential to make the property tax an effective method of preventing speculative real estate bubbles.     

The 'New Class': Analysis of the Concept, the Hypothesis and the Idea as a Research Tool

A bstract . The concept of the 'New Class' often is invoked to explain not only why the capitalist countries of the West are drifting leftwards into socialism but also why socialist nations of East Europe have totalitarian governments, tolerate gross economic inefficiencies, and exploit their workers. Certain critical issues underlying such an approach that are relevant to political economists , especially those interested in the changing boundary between the public and private sectors of the economy , are examined. The concept is found to rely on hypotheses which are not (easily) testable and the argument for its existence to be based on premises that are dubious. Special attention is given to hypotheses in public finance employing the concept in an attempt to explain increasing public expenditures ; these are found wanting.     

Rental as A Taste of Freedom: The Decline of Home Ownership amongst Working‐class Youth in Spain during Times of Crisis

Over the past few decades, as the neoliberal project gradually took hold, owning one's home became a widespread practice in Spanish society. However, the prospects of purchasing housing have since been severely reduced due to the bursting of the real estate bubble and the onset of an overwhelming economic crisis. This article analyses how working‐class young people in Catalonia reflect on this phenomenon as they face their own process of moving away from home. It also considers the extent to which the spread of the so‐called ‘culture of ownership' represented an expression of neoliberal culture, and the extent to which the apparent dissolution of the former implies the erosion of the latter. The article concludes that home ownership has undergone a complex resignification in this sector of society, but continues to be an important aspiration insofar as the underlying conditions that originally brought it about continue to exist.     

3. The Holocaust Sublime: Singularity, Representation, and the Violence of Everyday Life

It has become common to view mass historical traumas like the atomic bombings of Hiroshima and Nagasaki or the Holocaust as singularities —in other words, events of such transcendent, almost metaphysical significance that they exceed intelligibility. Siding with "realist" intellectuals who instead emphasize the rootedness of genocide in the structures of modernity and everyday life, I argue that the discourse of singularity aestheticizes historical trauma in problematic ways. Drawing on Kant's analytic of the sublime, in which the subject, in confronting an awesome or terrifying phenomenon from a position of safety, comes to realize his or her own powers of transcendence and moral superiority, I argue that the holocaust sublime encourages the viewing subject to "face" overwhelming horrors of the past, but without having to confront the subject's actual responsibility for the atrocities of the present. By pitting the extraordinary or "singular" against the banal and everyday, the holocaust sublime thus obscures, rather than reveals, the habits of thought and social structures that make genocidal practices inevitable.     

The State as Both Regulator and Player: The Politics of Transfer of Development Rights in China

The conventional argument that the introduction of transfer of development rights (TDR) shifts the power of land use regulation from the state to the market is increasingly under challenge. In China, the state's grip on land is reinforced through TDR, in which the state is both regulator and player. This state-dominated form of TDR affects China in three ways. First, competing aspirations of different scales of government complicate how TDR is implemented. Although the central state promotes TDR to maintain a national balance of arable land, some local states instrumentalize it to expand their landed basis of accumulation. Secondly, TDR tends to benefit the state but not its people. It may increase the fiscal income of the sending government and lessen the land shortage of the receiving government, but sometimes at the expense of the interests of land users without land ownership. Thirdly, given the state's deep involvement in TDR programs, the key for China's TDR to protect arable land lies not so much in clear property rights or a fully fledged market as in effective checks and balances regarding the state's powers over TDR. These three observations attest to the embeddedness of TDR in the local political economy.     

5. The Project of Reconciliation and the Road to Redemption: Hegel's Social Philosophy and Nietzsche's Critique

Arthur Schopenhauer once observed: A Philosophy in between the pages of which one does not hear the tears, the weeping and gnashing of teeth and the terrible din of mutual universal murder is no [genuine] philosophy. ¹ Certainly, the unforgettable events of the twentieth and early twenty-first centuries, which bear the names Auschwitz, Hiroshima, Rwanda, and Darfur, pose a challenge for philosophical thinking to prove itself equal to what emerges from these horrific events. To that end, my paper looks back to the philosophies of G. W. F. Hegel and Friedrich Nietzsche—in particular to their vision of a social reconciliation and cultural redemption—as a source of inspiration in our efforts to meet the challenges posed for a philosophy of the future by the global scale of violence, human suffering, and alienation. In what follows, I first offer a comparative analysis of Hegel's project of reconciliation with Nietzsche's project of redemption. I then consider whether or not either philosopher can provide us with a coherent and attractive ethical/sociopolitical alternative for our postmodern world—a world still characterized by global violence, injustice, genocide, ecological degradation, and the prospect of nuclear annihilation.