The Right to Justification ― Elements of a Constructivist Theory of Justice

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification.

Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice?freedom, democracy, equality, and toleration?and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues.

As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jurgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.

Rainer Forst is professor of political theory and philosophy at Goethe University in Frankfurt am Main, Germany, and director of the research cluster on the "Formation of Normative Orders." He has also taught at the New School for Social Research in New York, the Free University Berlin, and Dartmouth College. He is the author of Contexts of Justice: Political Philosophy Beyond Liberalism and Communitarianism and the forthcoming Toleration in Conflict: History, Import, and Contemporary Significance of a Controversial Concept and Justification and Critique.

Jeffrey Flynn is assistant professor of philosophy at Fordham University and the translator of Hauke Brunkhorst's Solidarity: From Civic Friendship to a Global Legal Community. He is currently at work on a book entitled Human Rights: Reframing the Intercultural Dialogue.