Towards a Critical Theory of Transnational Justice

Abstract

This paper argues for a conception of transnational justice that provides an alternative to globalist and statist views. In light of an analysis of the transnational context of justice, a critical theory is suggested that addresses the multiple relations of injustice and domination to be found in this context. Based on a universal, individual right to reciprocal and general justification, this theory argues for justifiable social and political relations both within and between states. In both of these contexts, it distinguishes between minimal and maximal justice and stresses the interdependence of domestic and transnational justice. On both levels, minimal justice calls for a discursive structure of justification, whereas maximal justice implies a fully justified basic social structure.