Differences, inequalities and the politics of law

A.A. 2023/2024
6
Crediti massimi
40
Ore totali
SSD
IUS/20
Lingua
Inglese
Obiettivi formativi
The course aims at introducing students to philosophical debates on social justice with a focus on three topics: economic inequality, gender oppression and the discipline of sexuality. Special attention will be paid to the analysis of relevant concepts and to the discussion of the potentials and limits of legal reform in promoting social change.
Risultati apprendimento attesi
At the end of the course students should have acquired:
- knowledge of the main positions in current philosophical debates on economic inequality, including a better understanding of the concepts and different interpretations of equality of opportunity, meritocracy, distributive justice, and structural injustices;
- knowledge of the main positions in current philosophical debates on gender oppression and the discipline of sexuality, including a better understanding of the concepts of sex, gender, gender identity, and of their relations;
- capability to apply acquired knowledge and understanding to the discussion of solutions to problems of economic inequality, gender oppression, and discipline of sexuality, with special attention to proposals for legal reform.
In order to exercise their learning, critical and communication skills, students will be required to read texts, to discuss them and to express and defend personal opinions.
Corso singolo

Questo insegnamento può essere seguito come corso singolo.

Programma e organizzazione didattica

Edizione unica

Responsabile
Periodo
Secondo trimestre

Programma
The course will show how the tools of philosophical analysis can be applied, and have been applied, to the analysis of the normative idea of the fundamental political equality of all members of the same polity, understood as the core normative idea of democratic politics. That idea assigns to each member of a polity a fundamental right to equal consideration. The idea of equal consideration will be analysed, following a suggestion by Ronald Dworkin, in terms of equal respect and equal concern. Depending on how it is understood, the idea of equality of respect can provide a foundation for different conceptions of personal freedom and political toleration, that will be examined. Some lessons will be dedicated to discussing the idea that equality of respect requires public institutions to be neutral towards competing ideals of the good life and to minority groups' claim for recognition, drawing attention on the risks of identity politics. The course will then move on to discuss issues of economic and structural justice. It will examine the social ideals of equality of opportunity and meritocracy and their relationships to economic and structural inequalities. Special attention will be paid to analyse how persisting patterns of sexist and racist classification produce social inequality. Most contemporary theories of social justice assign to public institutions the task of mitigating social inequality through social policy, including taxation and public spending. The design of social policy raises delicate political issues that philosophy can help to clarify. A couple of lessons will address some of those issues. The course will conclude with a discussion of minority groups' claim for recognition, drawing attention on the risks of identity politics and on the ambiguous relationship between recognition and equality.

The lessons will address the following topics:

- Politics and philosophy
- The concept and forms of social inequality
- The idea of fundamental political equality
- The fundamental right to equal consideration
- Alternative interpretations of equality of respect
- From political tolerance to political neutrality
- The challenges of identity politics to equality
- What (if anything) can justify economic inequality
- The idea of meritocratic equality of opportunity
- Problems of structural injustice
- Justice issues related to redistributive policies
Prerequisiti
No preliminary knowledge is required.
Metodi didattici
For attending students, learning will be promoted through lectures, discussion, and individual reading of assigned material.
Attending students will be required to write a position paper (1500/3000 words long) defending their personal positions on a topic of their choice.
Non-attending students should prepare for the exam through the individual reading of assigned material.
Materiale di riferimento
Reading list for attending students

Attending students should study the following texts.
The numbers in brackets refer to lessons during which the topics covered by the readings will be discussed.

(2) Scanlon, T.M., "The Diversity of Objections to Inequality" (1996), in Id., The Difficulty of Tolerance, Cambridge University Press, 2003, chapter 11 (paragraph 2 excluded).
(4) Dworkin, R.M., "Liberalism" (1978), in Id., A Matter of Principle, Harvard University Press, 1985, chapter 8.
(5) Mill, J.S., On Liberty (1854), any edition, chapters 3-4.
(10) Nagel, T., Equality and Partiality, Oxford University Press, 1991, chapter 14.
(11) Raz, J., The Morality of Freedom, Oxford University Press, 1986, chapter 15.
(13) Fraser, N., "From Redistribution to Recognition? Dilemmas of Justice in a 'Postsocialist' Age" (1995), in Id., Justice Interruptus, Routledge, 1997, chapter 1.
(14) Rawls, J., A Theory of Justice, Harvard University Press, 1971, chapter 2, paragraphs 11-14, 17.
(14) Nussbaum, M.C., "Capabilities and Disabilities: Justice for Mentally Disabled Citizens", Philosophical Topics, vol. 30, no. 2, 2002, pp. 133-165.
(15) Scanlon, T.M., Why Does Inequality Matter?, Oxford University Press, 2018, chapters 4-5.
(16) Anderson, E., The Imperative of Integration, Princeton University Press, 2010, chapter 6.
(17) Young, I.M., Justice and the Politics of Difference, Princeton University Press, 1990, chapter 1, paragraphs 1-2, and chapter 7, paragraphs 1, 2, 6, 7.
(18) Mill, J.S., Principles of Political Economy (1871), any edition, book 2, chapters 1, paragraphs 2-3, and 2, paragraphs 3-4.
(19) Van Parijs, P., "A Basic Income for All", in Id., What's Wrong with a Free Lunch?, ed. by J. Cohen, J. Rogers, Beacon Press, 2001, pp. 3-26.

Additional readings for non-attending students

In addition to all the texts included in the reading list for attending students, non-attending students must study the following texts.

- Ackerman, B., Alstott, A., Van Parijs, P., Redesigning Distribution: Basic Income and Stakeholder Grants as Alternative Cornerstones for a More Egalitarian Capitalism, ed. by E.O. Wright, Verso, 2006, chapters 1 ("Appendix" excluded), 2, 10, 11.
- Anderson, E., The Imperative of Integration, Princeton University Press, 2010, chapters 2, 3, 7.
- Anderson, E., Private Government, Princeton University Press, 2017, chapter 2.
- Daniels, N., "Merit and Meritocracy", Philosophy and Public Affairs, vol. 7, no. 3, 1978, pp. 206-223.
- Murphy, L., Nagel, T., The Myth of Ownership: Taxes and Justice, Oxford University Press, 2002, chapters 2, 4, 6, 7.
Modalità di verifica dell’apprendimento e criteri di valutazione
Assessment methods and criteria will be different for attending and non-attending students.
In order to be considered an attending student, attendance of 3/5 of classes (12 on 20) is required. Attendance will be assessed, but students can miss up to four lessons without penalties.
For attending students, a provisional final assessment will be based on attendance, participation, a position paper and a written exam on the content of the lessons and the assigned readings. Students not satisfied with the result of the written test will be given the opportunity to take a final colloquium to try to improve it.
For non-attending students, the final assessment will be based on both a written and an oral exam on the assigned readings.
For further information about assessment methods and criteria, guidelines to write the position paper and the deadlines for its submission, consult the document uploaded on the Ariel website of the course.
IUS/20 - FILOSOFIA DEL DIRITTO - CFU: 6
Lezioni: 40 ore
Docente: Riva Nicola
Docente/i
Ricevimento:
Il docente riceve studenti e studentesse su base settimanale, in presenza o online, su appuntamento. Per fissare un appuntamento scrivere un'email al docente.
I ricevimenti in presenza si terranno presso l'ufficio del docente che si trova al secondo piano dell'edificio che si affaccia su via Passione (stanza 208). I ricevimenti online si terranno tramite Microsoft Teams.