Social Justice and Democracy

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1 Basile Ekanga A Social Justice and Democracy The Relevance of Rawl's Conception of Justice in Africa Including an Extensive Bibliography PETER LANG Europaischer Verlag der Wissenschaften

2 TABLE OF CONTENTS Acknowledgements XV Introduction The Issue Status Quaestionis Limits and Aim of the Research Method and Outline 26 Part One: The Meaning of Social Justice and Democracy 43 Chapter I Three Conceptions of the Concept of Justice ; Social Justice as a Man's Due: To Each According to his Rights A Brief Notion of Rights Moral and Legal Rights Positive and Ideal Rights Publicly Established Rules Promises and Agreements Compensation and Reciprocation Acknowledged Ideal Rights Natural Rights Links between Rights and Social Justice Social Justice as an Ideal: To Each According to his Deserts The Nature of Deserts Desert comes from free Action The Grounds for Deserts Desert Depends on one's Contribution to Society Deserts Depend on Effort Deserts Depend on Compensation and on Fair Competition Can Deserts Be a Basis for Social Justice? Social Justice as Fulfilment of a Lack of Deficiency: To Each According to his Needs The Meaning of Need Statements Needs Seen from a Subjective Standpoint (Preferences) An Objective Meaning of Needs Needs Defined from One's Plan of Life Needs Defined from their Universality Are Needs Fixed? 104 VII

3 1.3.3 Is the Satisfaction of Needs a Matter of Justice or a Matter of Humanity? Equality of Welfare Equality of Resources Equal Opportunity for Welfare Equality of Capabilities The Needy and the Right to Receive Help Are Needs a Yardstick for Social Justice? Conclusion 135 Chapter II Social Justice as Acquisition of the Basic Liberties and for the Advantage of the Least Favoured The Original Position The Circumstances of Justice Objective Material Conditions Subjective Circumstances The Formal Constraints of the Concept of Right Principles should be General and Universal in Application Publicity An Ordering of Conflicting Claims and Condition of Finality The Rationality of the Parties The Veil of Ignorance Toward a Second "Original Position"? The Principles of Justice The Primary Goods The Basic Liberties 164 ^ Definitions The Importance and Scope of Basic Liberties Self-Respect Distributive Justice and the Difference Principle The System of Natural Liberty The Liberal Interpretation or Liberal Equality The Democratic Interpretation or Democratic Equality Possible Interpretations of the Difference Principle How to Define the "Least Advantaged" Is Equality of Opportunity a Breakthrough to a Just Society? The Preference for the two Principles of Justice 187 VIII

4 2.2.4 IsRawls's Social Contract Theory Kantian? The Notion of a Well-Ordered Democratic Society Conclusion: The Power and Limits of Rawls's Theory 201 Chapter III Guarantee and Advocate of Social Justice: Democracy What is Democracy? Power Belongs to the People Direct Democracy One-Party Democracy Liberal Democracy Liberalism and Democracy Social Contract Liberal Democracy Today Nozick's Minimal State Pure Procedural Justice The Emergence of the State Nozick versus Rawls The Difference Between the Minimal State (Nozick) and the Redistributive State (Rawls) Goods are not as Manna from Heaven The Communitarian Critique of Liberalism The State of the Problem " Liberalism Depreciates and Weakens Community The Erroneous Praising of Justice Towards a Negociated Solution: Integration of the Notion of Community in the Liberal Theory Rawls's Political Liberalism Overlapping Consensus The Priority of Right The Idea of Public Reason Realistic and Rationalist Notions of Democracy Subjects of Democracy Concerning Citizenship and Nationality Racism as Negation of Democratic Equality Favourable Conditions of Democracy Historical and Political Factors Economic Development Intermediary Structures and the Necessity of Leadership The Political Culture Cosmopolitan Democracy 286 IX

5 3.6 Conclusion: Is Democracy the Best Form of Government for Social Justice? 287 Part Two: The Relevance of Rawls's Principles of Justice to Africa 291 Chapter IV The African Way to Freedom Colonialism, Apartheid and Beyond Kenya The Country and Its People In the Service of the British Occupying Force The Local Government The Independence as the Beginning of Political Liberty The Centralization and the Monopartyism The "Nyayo" Period Zimbabwe A Colonialism Based on the Separation of Races The Self-Government in 1923 and the Federation of The Unilateral Declaration of Independence (UDI) The Political Situation after the Independence of The Top Priorities of the First Government First Political Difficulties and the International Situation of the Country South Africa Different Communities in South Africa The Afrikaners English-speaking People The Coloured, the Indians and the Blacks The Apartheid Policy..: The Struggle Against the Apartheid System Towards a South African Monopartyism? Is there a Well-founded Reason for Colonialism and Apartheid? The Belief of a Holy Mission to Fulfil: the Civilizing Mission Segregation on the Colour Skin Basis Economic Factors Ethical Considerations The Current Situation of Political Rights and Liberty in Africa 359 X

6 4.3.1 Ethnicity, Patronage and Tribalism in African Political Life The Reality of Tribe in Pre-colonial Africa and During the Colonial Period.' The Present Situation Does Democracy have a Future in Africa? Public Goods and Equality of Opportunity Origins, Possibilities and Limitations of Affirmative Action The Africanization in Kenya The Zimbabwean Experience of Affirmative Action South African Affirmative Action Conclusion 392 Chapter V Economic Justice The Distribution of Income and Wealth Notions of Income and Wealth How to Redistribute Income The Sources of Inequality Fair Distribution of Income and Wealth The Utilitarian Theory and the Rawlsian Theory of Fairness The Process View of Justice Distribution of Income and Wealth in Africa The Imbalance Between Investment and Savings A Great Need for Investment The Poor Savings Internal Poor Savings Poor Policy of Savings and Outflow of Capital A Growing Imbalance Worsening Situation in the Volume of Trade Public Budget Deficit Financing the Imbalance Foreign Aid Foreign Investments Advantages and Disadvantages for Africans Restriction and Withdrawal of Funds in African Countries Causes of this Contraction The Use of Official Stocks External Debt External Debt as a Hitch for African Development 428 XI

7 5.4.1 Conditions which Lead to Debt The Cycle of Debt Attempts Towards Solutions The Structural Adjustment Programmes A Brief Clear Policy of Structural Adjustment Programmes Should African Countries Continue with those Programmes? Recycling of the Debt Debt Buy Backs Debt Equity Swaps Reduction of Interests The Cancellation of Debts Conclusion: Towards Debt Relief 455 Part Three: The African Way of Social Justice or Rawls Reconsidered 457 Chapter VI Is Distributive Justice Based on an Individualistic Notion? Individualism Versus African Notion of Self The Individual at the Centre of Society The Individual as Consumer and Subject The Philosophical Foundation of Western Individualism The Evangelical and Roman Individualism Descartes's "Cogito" Leibniz's Monadism The Community at the Centre of the Individualism: The African Communalism The African Notion of Person Tempels's Thesis Mbiti's Thesis Senghor and Nyerere's Theses The African Individual as a Relational Subject The Knowledge of Self in Subjectivity Tradition as an Effective Means to Consolidate Relations Conclusion 497 XII

8 Chapter VII Freedom, Basis for a Real Democracy in Africa Stalemates of Majoritarian Democracy in Africa Federalism: The Multiethnic Solution for Living Together Meanings of the Concept of Federalism Various Types of Federalism Basic Features and Practicability of Realizing Federalism in Africa Established Units and Territorial Dispositions Noncentralization Open Agreement Constitutionalism, Federal Democracy, and Checks and Balances Nigerian Case of Federalism in Africa Power Sharing as a Consolidation of Peace and Democracy Consociational Power Sharing Integrative Power Sharing Federalism versus Consociationalism? Conclusion: The Erection of a Federal Culture in Africa 555 Chapter VIII Poverty as Wealth of African Peoples Poor, but not Poverty-stricken Who are Poor? Fighting Poverty The Liberal Approach The Fight Against Poverty as an Ethical Necessity Approaches to Education for Everyone: The African Wager in Education for Liberation, Sef-Reliance, and Development General Goals of Education Utilitarian and Social Goals of Education Cultural Goals of Education Advantages of Education Education, Labour Productivity, and Economic Growth Effects of Education Towards African Women Balancing Education in Africa? Improvement of Education Quality Facing Up to AIDS Epidemic and the Improvement of Health in Africa Persistent Health Threats in Africa 606 I: XIII

9 XIV Causes of Death and Illness AIDS and Sexually Transmitted Diseases Creating Possible Conditions for Health Income and Wealth Environmental Services Food and Nutrition Education of Women and their Positions in Society Appreciation of Health and the Importance of Households Improvement of Health Through Family Planning Meaning, Values, Beliefs Affecting Family Planning Is it Possible to Control Every Aspect of Life, Including Childbearing? The Consequences of Health on Social Life Conclusion 634 Drawing Conclusions and Prospects 639 Selected Bibliography 649 A. Of John Rawls 649 B. On John Rawls 653 C. On Social Justice in General 667 D. On Democracy 697 E. On Africa 720 F. Others 758

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