Charles E. Floete Chair in Law, University of Iowa College of Law. For critical comments on a preliminary draft, I would like to thank Damian Chalmers, Marco Dani, Floris de Witte, Paul Gowder, Christian Hiebaum, Türküler Isiksel, Christian Joerges, Damjan Kukovec and Peter Koller.
From Workers to Migrants, from Distributive Justice to Inclusion: Exploring the Changing Social Democratic Imagination
Article first published online: 7 AUG 2012
© 2012 Blackwell Publishing Ltd
European Law Journal
Volume 18, Issue 5, pages 711–726, September 2012
How to Cite
Somek, A. (2012), From Workers to Migrants, from Distributive Justice to Inclusion: Exploring the Changing Social Democratic Imagination. European Law Journal, 18: 711–726. doi: 10.1111/j.1468-0386.2012.00625.x
- Issue published online: 7 AUG 2012
- Article first published online: 7 AUG 2012
There is little awareness that from the perspective of distributive justice, a transnational market society exercises a justice-disabling effect. No longer is society perceived to be a system of co-operation, the net product of which is to be distributed among all participants fairly, but rather viewed as a composite of uncoordinated templates for the individual pursuit of opportunities. A society of this type does no longer regard a centralised political effort at redistribution as its essential objective; rather, its most fundamental principle concerns equal access to opportunities without regard to nationality or local preference. Such a concern with inclusion appears to be at odds with the received vision of distributive justice whose realisation presupposes bounded solidarity and, hence, closure.