Protection from Power with Mohammad Fadel and Lawrence Jannuzzi
Dec 10, 2021
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Legal scholar Mohammad Fadel and Lawrence Jannuzzi discuss topics like equality, anti-domination in Western political theory, moral inviolability in Islamic law, gender roles, power abuse prevention, critical theory, discrimination, and legal equality.
Anti-domination in political theory is vital for substantive equal freedom, not just formal equality.
Legal systems may seem equal but can perpetuate domination, as seen in voting rights and employment contracts.
Gender equality challenges exist within societal structures like the nuclear family, reflecting differing religious approaches.
Implementing an ethic of non-domination in legal reasoning is crucial to protect individual rights and prevent abuses of power.
Deep dives
The Concept of Anti-Domination and its Relationship to Equality
The podcast delves into the concept of anti-domination in political theory, emphasizing how it interacts with the idea of equality. Anti-domination is seen as an essential aspect of democracy, aiming to secure substantive equal freedom rather than merely formal equality. The discussion highlights the nuanced approach of Islamic law, which, while reflecting strong egalitarian impulses historically, may not always legislate formal equality in modern contexts.
Challenges of Formal Equality in Legal Systems
The conversation touches on the challenges of achieving true equality within legal systems that advocate formal equality. Examples are provided to illustrate how laws may appear formally equal but fail to address underlying issues of domination or arbitrary power structures, particularly evident in cases like voting rights or employment contracts.
Intersecting Perspectives on Gender Equality and Non-Domination
The dialogue explores the intersection of gender equality, non-domination, and traditional gender roles. While recognizing the importance of removing arbitrary barriers for women, it acknowledges the complexities of achieving equality within societal structures like the nuclear family. Perspectives from Islamic law and Catholic theology are compared, highlighting differing approaches to gender roles and equality.
Navigating Legal Systems to Uphold the Ethic of Non-Domination
The participants discuss the significance of implementing an ethic of non-domination in legal reasoning, aiming to prevent arbitrary abuses of power. The focus shifts to the need for laws to effectively protect individual rights and freedoms while mitigating the risk of domination, emphasizing the importance of equity in legal processes while carefully considering what constitutes arbitrary constraints.
Reimagining Equality through Identity Politics and Equity
The podcast delves into the evolving nature of equality through identity politics and the shift towards equity-driven frameworks. It addresses the redefinition of equality in terms of equity and the breakdown of fixed identity categories, challenging traditional notions of equality outcomes. The discourse navigates the complexities of defining equity and addressing issues of arbitrary distinctions in legal contexts.
Balancing Traditional Gender Roles with the Ethic of Non-Domination
The conversation concludes with a reflection on balancing traditional gender roles within the context of the ethic of non-domination. Insights are shared regarding the need to address hierarchical power dynamics, particularly in relationships like marriage and employment, to promote equitable and non-arbitrary interactions among individuals. The participants emphasize the importance of legal frameworks that uphold the principles of non-domination while acknowledging the complexities of implementing substantive equality.
Closing Thoughts on Proximate Approaches to Equality
In conclusion, the episode highlights the ongoing dialogue on proximate solutions to perennial questions about equality and equity. The speakers express their gratitude for engaging in a thought-provoking conversation that delves into the nuances of legal and ethical frameworks aimed at promoting non-dominative practices and enhancing equality in diverse societal contexts.
