Prof. Rachel Brulé Spring 2014

Transcription

1 Justice: Political Theory & Practice 1 New York University Abu Dhabi POLSC- AD 142 Cross- listed with Economics and SRPP Credit Hours: 4 Prerequisites: None Prof. Rachel Brulé Spring 2014 Location: A6 012 Lectures: TuTh 14:10-15:25 E- mail: reb11@nyu.edu Office Hours: Th 16:00-17:30 This course invites students to engage with several classic treatises of political thinking about a universal concern: justice. In John Rawls s words, justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient or well- arranged must be reformed or abolished if they are unjust. To what extent are our contemporary social, political, and economic institutions just? How would we know? In this course, we explore three fundamental questions about the ideal of a just society and what place the values of liberty and equality occupy in such a society: 1. Which liberties must a just society protect? Liberty of expression? Liberty of religion? Sexual liberty? Economic liberty? Political liberty? 2. What sorts of equality should a just society ensure? Equality of opportunity? Of economic outcome? Political equality? Equality for different religious and cultural groups? 3. Can a society ensure both liberty and equality? Or are these warring political values? We will approach these questions by examining answers to them provided by three contemporary theories of justice: utilitarianism, libertarianism, and egalitarian liberalism. To understand the theories, and to assess their strengths and weaknesses, we will discuss their implications for some topics of ongoing moral- political controversy including the enforcement of sexual morality, protecting religious liberty, regulating child labor, inheritance taxation, problems of extending rights to global citizens, and responses to climate change that exemplify our three fundamental questions about liberty and equality. We conclude with some issues of global justice. Throughout the course, you will engage in participatory action research with a local organization working to improve marginalized populations access to justice here in Abu Dhabi. 1 This syllabus is inspired by and drawn extensively from Prof. Joshua Cohen s course titled Justice. Details for the Spring 2006 MIT version of Justice are available at: spring- 2006/contents/index.htm 1

2 REQUIRED BOOKS Aristotle, The Politics, Books I, III (chaps. 1-13); Jeremy Bentham, Introduction to the Principles of Morals and Legislation Milton Friedman, Capitalism and Freedom Immanuel Kant, Grounding for the Metaphysics of Morals Karl Marx and Friedrich Engels, The Communist Manifesto Robert Nozick, Anarchy, State, and Utopia John Rawls, A Theory of Justice J.S. Mill, Utilitarianism, On Liberty & Considerations on Representative Government The books are available in the bookstore. Other readings are available on NYU Courses. INTENDED LEARNING OUTCOMES At the end of the course each student will be able to: Distinguish key themes in political philosophies of justice. Develop the analytic capacity to consider these themes with specific reference to each theory studied as well as in comparative perspective. Identify important points where theories diverge and explain why these divergences persist or diminish over time. Demonstrate the ability to apply abstract analytic theory via survey design, collection and analysis of the resulting data. This requires participation in the course field trip. Write an original research paper using self- collected data that examines a debate broadly related to notions of justice and citizenship. TEACHING METHODOLOGY This course will be taught using a seminar format that emphasizes discussion, augmented with student presentations, group debate, and analytic reading responses. On the first class of each week, we will discuss the readings. The first seminar each week will identify major areas of congruence and dissonance across theories and countries experiences. Students are expected to participate throughout class by raising questions where they find theories are difficult to define, explain, or match with concrete evidence from relevant countries. Students should also seek to identify ways in which theories and their application provide insight into other phenomena, and find ways to share their understanding with others in discussion. The second seminar of each week will emphasize student engagement, either via short presentations that critically engage course material or participation in vibrant debates. In debates, each student will be assigned a position from which to argue either for or against the validity of a major argument from the week s assigned readings. The debates will help foster critical thinking and rhetoric skills. In addition to lecture and debate, students will also be required to contribute a series of 1-2 page reactions to the study questions posted for five different sets of readings, as 2

3 detailed on this syllabus. These are designed to ensure that students grasp the central arguments of the readings. REQUIREMENTS Students are expected to apply NYU Abu Dhabi s Code of Ethical Conduct when submitting any and all assignments. Details follow. 1. You are required to submit 1-2 page responses to at least 5 of the 13 sets of study questions posed in the syllabus. Each response is due by 9pm on the evening before the first class on the relevant set of topics. If you submit more than 5 responses, I will count the best 5 of these posts for grading purposes. 2. Discussion is an essential part of this course. You are expected to attend every recitation and participate constructively in discussion. 3. The final assignment will require you to collectively design a set of open- ended survey questions on justice from the perspective of marginalized groups within the United Arab Emirates. You will be responsible for implementing this survey via conducting three stages of research: First, participant observation of a public arena or organization s operations that are relevant for a marginalized group in the UAE. Second, you will conduct participatory action research with members of the staff or relevant public community. Third, as a class you will assemble these interviews as anonymous observations into a common document. Your final exam will be to draw hypotheses the fundamental conditions of justice, and their varied realization across populations based on course materials, and to analyze the extent to which the participatory action research you and your classmates conducted supports or contradicts these hypotheses, and utilize theories from class to explain why these patterns emerge. CODE OF ETHICAL CONDUCT All students are expected to comply with NYU Abu Dhabi s Code of Ethical Conduct. In particular, all students are expected to adhere to the highest professional and community ethical standards by ensuring that each piece of work they submit is reflective of their own understanding and critical reflection on relevant course readings, discussions, and debates. In addition, students are expected to maintain the highest standards of academic integrity. Activities such as plagiarism, misrepresentation of another s work as one s own, and falsification of data are expressly prohibited. All students are responsible for reviewing NYU Abu Dhabi s Code of Ethical Conduct on the intranet: guidelines- compliance/policies- and- guidelines/code- of- ethical- conduct.html. When in doubt about the meaning of any part of the code, or the ethics of a specific action, please do not hesitate to contact Professor Rachel Brulé by or in person. Additional resources for guidance include the Department of Politics head, Professor Abdul Noury; the Dean of Students, Professor David Tinagero; NYU Abu Dhabi s Office of Compliance; and any other Professors whom a student is comfortable approaching for 3

4 advice. Developing and clarifying your personal code of ethics is an important dimension of your identity, credibility, and respect for the community in which you reside. Please give this issue the attention it deserves, and know that NYU Abu Dhabi s community is extremely glad to share advice and support when you need it. GRADING The written final assignment will be 50% of your grade. The quality of your research in preparation for the final assignment will constitute 25% of your grade. The remaining 25% of your grade will be based on your contributions in your discussion section, both verbal and written. Your GAF will give you a mid- semester, preliminary grade on your contribution to discussion. The GAF will provide the first assessment of your final papers. Should you have any question about the fairness of a grade, bring the matter to my attention right away. It is especially important in this course that students not be penalized or even suspect that they might be penalized for the content of their views. READING ASSIGNMENTS Readings marked with an asterisk (*) can be found on Coursework. Other readings are in the books in the bookstore. After each assignment, I list some Study Questions. Please think about the questions as (and after) you read. When there are multiple reading assignments for a lecture, please read in the order in which the readings are listed on the syllabus. GUEST LECTURES NYU Abu Dhabi Domestic Workers Rights: Saba Brelvi, Tuesday, Feb. 10 Ethiopian Migrant Community s Rights: Mastish Terefe, Feb. 10 Labor Compliance: Erum Raza, Tuesday, Feb. 17 Research Ethics: Tammy Aranki, Feb. 19 Legal Compliance: General Legal Council Caroline Dimitri (TBD) Student Engagement: ADvocacy Chair Kimi Rodriguez (TBD) UAE & GCC Inside government Sheikha Alyaziah, (TBD: April) Dr. Zaki Nusseibeh, former UAE Director of Information, Translator and Advisor to Sheikh Zayed. Also current Advisor at the Presidential Ministry of the UAE, Justice and Institution Building in the UAE, TBD Majeed Al Alawi, Former Labor Minister in Bahrain (TBD - contacting) 4

5 Outside government Prof. Megan Bradley, McGill University, Migration and International Justice: Accountability and Redress for the Injustices of Forced Displacement, April 21 Prof. Ray Jureidini, Institute of Migration Studies, Lebanese American University & Director of Research, Center of Design Innovation, Qatar Foundation, Migrant Labor Recruitment: Local Institutional Context, Human Rights Challenges, and Scope for Reform, April 23 REQUIRED READINGS LECTURE 1: PROBLEMS & ORIGINS OF JUSTICE I. CONFLICT & ORDER LECTURE 2: POWER, CONFLICT AND RATIONALITY Plato, Republic, Book 1; Kautilya, Arthashastra, Book 12: The Weaker King ; Ibn Khaldun, The Muqaddimah, chap. 3, sec. 41 Injustice brings about the ruin of civilization LECTURES 3, 4: AUTHORITY AND ORDER * Thucydides, History of the Peloponnesian War, iii.37-68: available on NYU courses; * Hobbes, Leviathan, chaps : Of the Naturall Condition of Mankind ; Of the first and second Naturall Lawes, and of Contracts ; Of other Lawes of Nature, online: han- contents.html; * Hamdan v. Rumsfeld, Secretary of Defense, et al. II. WELFARE LECTURE 5: LIBERTY AND EQUALITY IN HEDONISTIC UTILITARIANISM Jeremy Bentham, Introduction to the Principles of Morals and Legislation, chaps. 1, 4, 13, 17 (sec. 1); Bentham, Anarchical Fallacies, Preliminary Remarks, Article I, II; Bentham, Principles of the Civil Code, Chapters I- III, VI. Study Questions: (1) What is Bentham s principle of utility or greatest happiness principle? (2) Bentham says that pleasure is the only thing that is good in itself. Is he right? What about knowledge? Or beauty? Or achieving the aims (whatever they are) that you set for yourself? (3) Can you make a utilitarian case against slavery? Consider 5

6 three cases, and work out the argument for each: (i) slaves are only 10% of the population; (ii) slaves are a quarter of the population, but are members of a socially outcast group; (iii) the slaves are a majority of the population, and do backbreaking work in mines, but are very productive; (4) Is the legal enforcement of a community s moral code such a bad thing? Does Bentham make a persuasive case against it? (What does he mean when he says it is unprofitable?) Can you think of laws that regulate conduct because the conduct is immoral? What do you think of those laws? (5) Why does Bentham think that the idea of preserving natural rights is complete nonsense? (6) Why does Bentham think that equality of wealth increases the mass of happiness? What qualifies his commitment to equality? LECTURE 6: THE LEGAL ENFORCEMENT OF SEXUAL MORALITY Joanna Sadgrove et al., Morality Plays and Money Matters: Towards a Situated Understanding of the Politics of Homosexuality in Uganda, The Journal of Modern African Studies 50, no. 01 (2012): Matt Ford, Who Am I to Judge : Will the Pope Condemn Homophobia in Uganda?, The Atlantic, April 3, 2014 Study Questions: (1) Does the fact that homosexuality violates common morality (assuming that it does) provide a legitimate reason for criminalizing it? (2) What is the distinction between the claim that sodomy violates the common morality in a society, and the claim that it is condemned by the moral views of the majority in society? Does that distinction make a difference? (3) Utilitarians have traditionally opposed the enforcement of morality. Do they have a convincing utilitarian case against it? (4) Are there reasons for opposing the enforcement of morality that strike you as more convincing than the utilitarian argument? (5) If anti- homosexuality laws are unacceptable, then what about bans on gay and lesbian marriage? Are they permissible? Is there a case for preserving a ban on gay and lesbian marriage that does not depend on judgments about sexual morality? LECTURE 7: UTILITARIANISM & THE SOCIAL CONTRACT John Stuart Mill, On Liberty, chaps Study Questions: (1) What is Mill s distinction between higher and lower quality pleasures? What does it mean to say that the quality of a pleasure is higher, not just that the quantity is greater? (2) Does Mill s higher/lower distinction reflect an objectionable elitism, and an undue emphasis on intellectual pleasures? (3) Is it better, as Mill says, to be Socrates dissatisfied than the fool satisfied? Why? Is that because Socrates has better pleasures, or for some other reason? (4) Mill says that On Liberty defends one very simple principle. What is that principle? How would Mill use that principle to respond to restrictions on racist hate speech, or pornography, or slander? (6) How does Mill argue for his simple principle on utilitarian grounds? How is the general welfare improved by tolerating religious, philosophical, and moral dissent? What are the costs of such toleration? Why do the benefits outweigh the costs? (7) Do you agree that conduct ought only to be regulated if it is harmful to others? Can you think of cases in which conduct ought to be regulated in the name of the person's own welfare (drugs, seat belts), or because it is repulsive (bestiality), or because it is 6

7 offensive to others (public sex), or because it is judged to be wrong (suicide, physician- assisted suicide)? LECTURES 8-10: JUSTICE, CULTURE & RESEARCH UCAIHS modules 1-3, 13, and 16 in the following tutorial on the scope of research freedom at NYU's Global Network University: Bernard Lewis (2005) Freedom and Justice in the Modern Middle East, Foreign Affairs, May/June. Accessible online at: lewis/freedom- and- justice- in- the- modern- middle- east Okin (1989) Justice, Gender, & the Family, Chapter 3, Whose Traditions? Which understandings? Joshua Cohen (1983) Michael Walzer, Spheres of Justice review Philosophy pdf Study Questions: (1) How do we apply the Belmont Principles to vulnerable populations here? i.e.: (i) Respect for Persons; (ii) Beneficence; and (iii) Justice. (2) With which populations are we interested in working? LECTURES 11, 12: JUSTICE, CULTURE & THE SOCIAL CONTRACT IN THE MIDDLE EAST Clinton Bailey (2009) Bedouin Law from Sinai and the Negev : Justice Without Government, Introduction What is Bedouin Law? & Chapter 1 Justice without Government. Mohammad Hashim Kamali (2002) Freedom, Equality, and Justice in Islam; Part III: Justice. Recommended reading: Clinton Bailey (2009) Bedouin Law from Sinai and the Negev: Justice Without Government Chapter 6 Laws Pertaining to Women, Property and Sanctuary. Research Handbook: Should we, and if so how do we incorporate principles from Islamic law into local research design and implementation? LECTURES 13, 14: WHAT IS EQUALITY? Karl Marx and Friedrich Engels, The Communist Manifesto, I.- II.; Nielsen, Radical Egalitarian Justice. Research Handbook: How do we understand research in the GCC in the context of the Arab Spring? Valentine M. Moghadam (2013) Modernizing Women: Gender and Social Change in the Middle East, Chapter 7 Democratic Transitions: Women and the Arab Spring LECTURES 15, 16: WHAT IS LIBERTY? Friedrich Hayek, The Constitution of Liberty, chap. 6. Milton Friedman, Capitalism and Freedom, Introduction, chaps. 1, 2, 10, 12, Conclusion 7

8 Research Project: Part I. Liberty, Responsibility, & Interviewing Practice. Study Questions: (1) What does Friedman mean by liberty? (2) What is a right to liberty, and why is there such a right? Are all kinds of liberty of equal importance? Or are some liberties more important than others? (3) It is sometimes said (as in the Preamble to the US Constitution) that government ought to make laws that promote the general welfare. What does that mean? Does Friedman agree? Do laws made for the general welfare ( the good of the people, as Locke put it) violate the basic right to liberty? (4) Friedman accepts certain kinds of anti- poverty programs and public spending on education as legitimate uses of tax dollars. How does Friedman make the case that an anti- poverty program might promote the general welfare (how does it promote the welfare of people who are not poor)? (5) Why is it wrong for the government to promote what Friedman calls equality of treatment? (6) What does Hayek mean when he says that inequality is the necessary result and part of the justification of individual liberty? (7) How does Hayek respond to the claim that all inequalities that rest on birth and inherited property ought to be abolished and none remain unless it is an effect of superior talent and industry? How do his discussions of family, inheritance, and education respond to this claim? (8) Should people be rewarded according to their merit? How does Hayek respond to this idea? LECTURES 17, 18: RESEARCH WORKSHOP Part II. Research design and implementation: Building partnerships around corporate social responsibility at NYUAD. LECTURES 19, 20: EQUALITY AND RESPONSIBILITY John Rawls, A Theory of Justice, Chapter 1: Justice as Fairness, sections 1-5, 11-14, 17, 20-26, 29, 32-33, 36-37, 67 Sayyid Qutb, Social Justice in Islam, chap. 3. Immanuel Kant, Grounding for the Metaphysics of Morals J. David Velleman (2011), Reading Kant s Groundwork Joshua Cohen, Minimalism About Human Rights: The Most We Can Hope For? Research Project, Part III. Interviews & Social Justice questions. Study Questions: (1) Rawls presents the ideal of a fair society in which life chances are not settled by differences in social background or native endowments. How attractive is that ideal? (2) What is the priority of liberty? Is this is the same as the idea of a basic right to liberty? (3) What is fair equality of opportunity, and why is it a more compelling idea than the more formal equality of opportunity associated with what Rawls calls the system of natural liberty? (4) Are native endowments (natural talents) morally on a par with the contingencies of social background? What does it mean to say that your social background and your native talents are arbitrary from a moral point of view? (5) What principles would people chose in a hypothetical original position, behind a veil of ignorance? (6) Why should we care about what would be chosen in the original position? Are the considerations that Rawls locates behind the veil of ignorance really irrelevant to deciding what justice requires? (7) Is 8

9 Rawls s difference principle fair to people who would be better off under a less egalitarian principle? (8) What does Rawls mean by self- respect? Why is self- respect so important? What does its importance have to do with the choice of principles of justice for a society? (9) According to Qutb, what kind of responsibility do individuals have for their lives? How does Qutb interpret the idea of responsibility? How is Qutb s account of responsibility different from Dworkin s? Qutb says that every individual will be held responsible for every evildoing in the community, even if he has had no part in it. Is that a compelling view of responsibility? (10) How close are the views of intrinsic equality in Rawls and Qutb? (11) Does Rawls have an adequate way of accommodating personal responsibility? (12) What is Kant s view of personal responsibility? How does/can/should this inform research practices, questions, analysis, and dissemination of analysis and its benefits? (13) What is the difference between considerations of humanitarianism and considerations of justice? How extensive are the demands imposed by a minimal humanitarian morality? LECTURES 21, 21: THE PROBLEM OF GLOBAL JUSTICE Samantha Powers, Bystanders to Genocide: Why the United States Let the Rwandan Tragedy Happen, The Atlantic Monthly, Frank Biermann and Ingrid Boas, Preparing for a Warmer World: Towards a Global Governance System to Protect Climate Refugees, Global Environmental Politics 10, no. 1 (2010): Howard F. Chang, The Economics of International labor Migration and the Case for Global Distributive Justice in Liberal Political Theory, Cornell International Law Journal 41 (2008): Available online at: cgi/viewcontent.cgi?article=1152&context=faculty_scholarship Ray Jureidini (2014) Migrant Labour Recruitment to Qatar, Qatar Foundation Migrant Worker Welfare Initiative Report. Available online at: Study Questions: (1) How, according to Powers, does the existence of a competent state with the power to impel political relations between persons change the moral terrain that we operate on? Why is sovereignty so essential to justice? (2) What is the role of locally exogenous circumstances caused by distant actors climate change in compelling global responsibility according to Biermann and Boas? How convincing is their argument about responsibility? (3) How similar are problems of extreme violence and extreme weather? Does the political nature of the former make global responsibility more or less onerous? (4) What is the nature of global responsibility for facilitating and protecting voluntary labor migrants welfare? Does the role of human agency in labor migration influence global obligation? LECTURES 22, 23: JUSTICE IN PRACTICE: ANALYSIS * Research Project, Part V. Interview Analysis LECTURES 24, 25: JUSTICE IN PRACTICE: PRESENTATIONS * Research Project, Part IV. Presentations 9

10 FINAL ASSIGNMENT You and your classmates will collectively design a set of open- ended survey questions on justice from the perspective of marginalized groups within the United Arab Emirates, through the lens of organizations working on campus at or in coordination with New York University Abu Dhabi. You will be responsible for implementing this survey via conducting three stages of research: First, participant observation of a public arena or organization s operations that are relevant for a marginalized group in the UAE. Note that you will be responsible for documenting the procedures by which you conduct this research; this compilation will also count towards your final grade. Second, you will conduct participatory action research with guidance by members of the staff. Participatory Action Research is a method of collaborative research, such that community members and researchers work together to address challenges faced by the community, and, in so doing, share knowledge and information. Moreover, the researchers learn about the lived- experiences of the community and the community members learn research, self- reflective practices and problem- solving skills. For details of a specific action research project and its methodology, see: supported- initiatives/past- projects/participator- action- research/. Third, as a class you will assemble these interviews as anonymous observations into a common document. Your final exam will be to draw hypotheses the fundamental conditions of justice, and their varied realization across populations based on course materials, and to analyze the extent to which the participatory action research you and your classmates conducted supports or contradicts these hypotheses, and utilize theories from class to explain why these patterns emerge. Date Due: 18 May, 2015 Note: No late papers will be accepted. 10