How ethical is Indian politics

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Hereinafter 3 The slightly changed article appeared in August 2013 in contradiction. Münchner Zeitschrift für Philosophie, Volume 32, No. 57, pp. 139-154 (www.widersracht.com). I would like to thank the contradiction editors for their permission to publish them twice. I will try to reconstruct the hierarchical notions of social order that are dominant in India from published contributions to the discussion and from my own conversations with Indian women's rights activists and feminists (I) and to contrast them with egalitarian notions that are also present in Indian society (II). The Indian women's rights movement raises the question of the discursive and political strategies of dealing with a hegemonic hierarchical discourse from the position of an egalitarian one Minor opinion out (III). 4 In a more general form, the same question arises from the theory of the emergence of the global application requirements for a universalistic moral philosophy (IV).

I. Hierarchical ethics

The reconstruction of the prevailing views in India about the hierarchical order of castes and genders is necessarily crude generalizing. Every time, every region, every caste, every religion, every tribe, even every family have different ideas about what women and men are allowed to do and what they must not do. Furthermore, this is not recorded in writing anywhere. Manners and customs are passed down orally and interpreted differently by each family. In no way should this reconstruction encourage an essentializing, ahistorical view of Indian society, especially a society that is in a rapid process of change. This is about a snapshot, about generic statements and by no means about statements that should claim general validity in the strict sense of the word.

On January 19, 2013, Shoma Chaudhury, editor-in-chief of the weekly magazine Tehelka, asked: "Where did the idea come from that certain women could be fair game for sexual offenders? How do Indian men actually think of women." 5 Tehelka interviewed 35 Indian men from all regions, age groups and social classes and came to a shocking result: apart from seven 23 to 29-year-old men, none of the respondents held the male side responsible when women are raped. 9 Eighty percent of those questioned looked for and found the fault with the women alone. Her image of gender roles is shaped by the idea that women are under the care of men for their entire life. 6 When they marry, they pass from the custody of the father to the custody of the husband. 8 Brothers or other male members of the family can also act on their behalf. 9 The mutual obligations of the sexes describe a virtual ban circle (Lakshman rekha), 10 which neither sex is allowed to cross without endangering the social order. If this happens, for example, because an unmarried girl moves in public without the company of a guardian or his representative, she can be viewed as an "easy girl". 11 She is then assumed to have implicitly given her consent to sexual intercourse with any man through her behavior. 12 You can't actually rape a woman like that, any more than a prostitute. 13 If a man has forced sexual intercourse with a prostitute, this is considered to be a "business gone wrong" according to popular belief.a deal gone sour), but not as rape. 14 Marital rape is also still not a criminal offense under Indian law. 15

Rape in India is defined as sexual intercourse without consent (consent) the victim. Many legal proceedings revolve around the question of whether the controversial sexual act took place with or without the consent of the woman. This leads to grotesque assessments. In the Suryanelli case, the High Court of the State of Kerala came to the conclusion that a sixteen-year-old girl had sex with forty men for forty days after she was abducted to various motels where she had sex with forty men for forty days for no apparent benefit and under the influence of brutal violence Treatment must have agreed. The reason: the girl was not innocent. In the eyes of the court, it had demonstrated its dubious character by wasting its parents' pocket money. It had frivolously moved its gold earrings and it had a friend with whom it may have had premarital intercourse. This made the girl a "loose" and thus "fair game" for every man. Consent to sexual intercourse was thus implicitly given for the high court and the 35 men convicted in the first instance were acquitted again. 16

What can one infer from this line of argument? In its reasoning, the High Court implicitly made the human right to physical integrity applicable 17 dependent on a preliminary assessment of the girl's moral integrity. This fits in with the still mandatory "two finger test" that rape victims have to undergo in India (Pitre & Lingam 2012). In the case of an unmarried girl, it is found that she is "already used to sexual intercourse" 18 was like an admission of guilt. 19 That judges and doctors can easily commit character assassination with this (character assassination) 20 The leading treatment not standing alone, but encountering general understanding, proves the reaction of the social environment in which the rape victim of Suryanelli found himself. Friends and family, except for the parents, turned away. The stigmatized victim is avoided in the workplace that the ruling Communist Party gave him. Since then, the socially outlawed has lived the life of an undead, one zinda laash (Living corpse), as Indian parliamentarians and popularly call rape victims. 21 According to traditional beliefs, rape is therefore worse than death, since it means social death while still alive. 22

What was going on in the judges? How could you even imagine the kidnapped girl giving consent? What did you mean by this term? According to traditional beliefs, a woman who clearly indicates her consent to sexual intercourse would be considered depraved. 23 The consent required by law can therefore hardly be expected under such a sign and men, including parliamentarians, judges and doctors, are apparently inventing corresponding indirect signs for such consent. For the vast majority of Indian men, rape is difficult to pin down as a crime. Either the woman is in the care of the family, where supposedly nothing can happen to her, or she evades this care and is then "her own fault".

The underlying ethics is clear from the survey quoted by Tehelka in January 2013. According to this, for 28 of the 35 randomly selected men an indirect invitation to intercourse may already be given if a woman moves around in public without a legitimate protector, 24 when she shows her body and provokes men with sexy clothes 25 or when she kisses her companion in public. 26 The survey shows that men across India, regardless of cultural background, occupation, age group or level of education, blame women for rape. None of these 28 Indian men even considered complicity on the part of the man. 27 What they all had in common was a disgust for women who showed physical or sexual autonomy. 28

What has been said so far affects men and women of all classes and castes. The scandalous nature of gang rape in Delhi is increased by the superimposition of the gender hierarchy with a class and caste hierarchy. Women of the Former Untouchables (dalits) can still be raped with impunity in large parts of India; even that iusprimae noctis is still practiced in some places. 29 The opposite case, however, is causing a stir in India. While the rape victim belonged to the rising Indian middle class, his tormentors all come from the lower class and belong to low castes. Violence against the under-caste is still seen in many places as a legitimate means of relegating the presumptuous to their place. 30 This explains why the Delhi gang rape received such tremendous media coverage while the media cared very little about the rape of Dalits. 31 The rapes of tribal people in north-east India also only attract attention because of their enormous numbers. 32

II. Egalitarian ethics

The survey draws some hope from the fact that younger men are increasingly thinking differently. They want to turn away from the prevailing Orthodox mentality. 33 Women should live independently and be able to make their own decisions. They should be allowed to dress how they want, go where they want and have as many sex partners as they want. 34 According to this view, the emancipation of women is in the interests of society as a whole. 35 It is perceived as a positive element of modern culture that needs to be adopted. 36 Men and women are equal and the rules of reciprocity apply. 37 Chaudhury (2013) calls for full equality for women:

In a modern democracy, the basic rights of the individual - regardless of religion, caste, class or gender - are anchored in the constitution. For women this should mean complete physical self-determination, freedom of choice, freedom of movement and the right to do paid work. These rights can be restricted if the woman so wishes for cultural or personal reasons, but in principle they must not be restricted in any way. 38

However, women are also responsible for the perpetuation of traditional gender roles. 39

The common assumption in the West is that history is on the side of progress. The egalitarian discourse has long since become hegemonic and so one can laugh at people who adhere to traditional hierarchical ideas or, if necessary, force them to adapt at least in their outward behavior. If the hierarchically thinking people in India were also a minority, writes Chaudhury, then it would be enough to mock them. The fear is that the hierarchical ideas are deeply anchored in the consciousness of the majority society.

III. Anti-hegemonic strategies

If so, how is such a cultural divide supposed to be bridged? How can a society articulate - and enforce - its desired values ​​when it disagrees so fundamentally about what those values ​​should be? 40

In India the hierarchical discourse is hegemonic and it is not evident which side the story is on. Women's rights activists warn against the inappropriateness of the "imperialist vocabulary" in which the advocates of emancipation put forward some criticism of traditional values. If you treat all who disagree with you like strangers and fools and you refuse to accept them as citizens, how can you believe that they will even listen to your criticism? 41 Chaudhury (2013) describes the difficulty facing the Indian women's movement as follows:

To speak of collective outrage presupposes a shared value system. We clearly do not have such a thing ... It may be that the idea of ​​equality is non-negotiable. However, there are many ways to get there. Only if we stay true to our commitment [to participatory dialogue] will perhaps a billion [people for women's rights] stand up even after the ... water cannons are gone and the ... candles are extinguished. 42

With this, Chaudhury describes the dilemma of a moral universalism, which has to pick up the people he wants to win over for his counterfactual considerations on the justice of social conditions with an idea of ​​the equal dignity of all people, which generally makes sense. Obviously, precisely this cannot simply be assumed in the Indian context. While the indignant on the street are demanding equal rights for women, the majority society in India cannot do anything with them against the background of their hierarchical values. Chaudhury thinks it is possible that many Indians read the statements quoted by her and wonder why women's rights activists see them as so threatening and characterize them negatively. 43 For these Indians, the views that are terrible and threatening for women's rights activists are nothing more than common sense. But Chaudhury also suggests the only possible way out: the emergence of an egalitarian consensus. Only on the basis of informal, participatory dialogue is there a chance that the egalitarian lesser opinion will break the hegemony of the hierarchical discourse in India. In doing so, violence must be avoided and a general sense of proportion must be used. If the debate becomes too high-pitched, it can weld the opposition together. If the performance is too absolutistic, there is a risk of a boomerang effect. 44

IV. Emergence of the prerequisites for the application of moral universalism

What Chaudhury explains for the Indian context applies a fortiori for moral-philosophical universalism. This would have to be of a minimal agreement regarding the unity of humanity and the equal value of all human beings as humans empirically, in order to be able to engage metaethically in thought experiments such as Kant's categorical imperative, Rawls's hypothetical original situation, or Habermass's ideal discourse at all. The dilemma of such a moral-philosophical universalism is therefore as follows.

Dilemma of a moral-philosophical universalism
P1 Nobody should be subject to a normative order to which he / she could not have agreed. 45
P2 There are societies in which the minimum prerequisites for considerations of justice (recognition of the equal dignity of all human beings as human beings) are predominantly not given. 46
D. Universalism claims to also apply in societies like P2, but cannot establish the minimum application requirements of justice there without violating P1.
E. Universalism must rely on an emergence of recognition of the equal dignity of all human beings as human beings in order to avoid dilemma D.

This was exactly what Chaudhury had asked for.

P1 is a prerequisite that many deontological moral theories make in the Kantian tradition, for example Rawls in the justification of his original situation in the "full equilibrium of thought" 47 or Habermas in justifying his ideal discourse situation. Haberma's principle of universalization states

that the consequences and side effects that result from their [the norms] general observance for the satisfaction of the interests of each individual (likely) can be accepted by all concerned (and preferred to the effects of the known alternative regulatory options). (1983: 75f.)

"Everyone" and "all" refer to people affected in certain contexts as people without further differentiation. This means that if a norm applies, then it applies equally to everyone, in contrast to an ethic that makes the penalty for exceeding a norm dependent on caste membership, such as Manu's law or Kautilyas Arthasastra 48 . Deontological constructivist procedures, on the other hand, are empirically and metaethically based on the general recognition of the idea of ​​the equality of all people, insofar as this is necessary in order to get involved in the thought experiment of the categorical imperative, the fair original situation or the ideal discourse in general and these procedures in a reflexive way of society as a whole Justify balance.

P2 is an empirical premise to be demonstrated here in relation to India. In India, it is to be shown, a hierarchical conception of ethics is predominant, in which women are in principle not equal to men and in general people continue to be hierarchically divided into caste and casteless (Dalits, tribal people) and caste members in turn hierarchically in different "Varnas" and Jatis "(Manu 1886).

E The proposed solution, for which I argue in view of the dilemmas described above, places its hope in the emergence of the empirical and metaethical requirements for the application of universalizing moral-philosophical procedures.

There is support for such a perspective in the women's rights movement in India, which partly orients itself on egalitarian moral concepts, but has to contend with a social order that is strongly attached to hierarchical ideas of gender roles. If this requirement is not met, only the active production of egalitarianism by the followers of this idea will help. For this purpose, they can fall back on globally available human rights notions that are partly anchored in the constitutions of their states, as well as on local traditions of egalitarianism (in India for example in Buddhism, in the Bhakti movement, in Christianity, in Islam, especially in Sufism and in Sikhism). This is an open historical process. Should he be successful, this would lead to Emergence of an egalitarianism. His mere assertion while refusing to talk to the hierarchically thinking counterpart, on the other hand, would presumably be counterproductive.

This view 49 finds confirmation in the discourses of Indian women's rights activists. The Indian women's movement is aware of the dilemma of moral universalism and fights non-violently from a position of minority for the recognition of the idea of ​​equal dignity for all people, whether man or woman, whether outcast or higher-caste. The following graphic gives an impression of the justification-theoretical overall context of normative theory, i.e. moral philosophy, political theory, legal philosophy and ethics.

The circular diagram shown here shows the interdependence of the individual and humanity, morality and politics, state and community in context. The anti-clockwise direction of the arrow denotes the conditions for enabling and at the same time the limitation of the autonomy of the respective community in the next step of justification. For example, it enables a universalistic morality of the people as humans a conception of human rights as moral rights. These in turn enable and limit political communities in their autonomy. The task of the political community is to create the greatest possible autonomy for ethical communities, but also to limit this where necessary.

Chart of women's rights in India Photo: Michael Dusch

In the opposite direction (clockwise), the arrows indicate the logical justification dependence of one level on the other. If one takes a look at the connections between political rights, legal rights and community law, then precisely there lies the danger that a political community based on a false generality may inadmissibly restrict members of one gender or an ethical community and discriminate against their members . Ethical community is defined here as a community that shares ideas of the good life that go beyond what is morally required in the narrower sense. 50 However, women do not form an ethical minority and therefore cannot be protected by corresponding minority rights. There are only limited opportunities for them to retreat to communal shelters. The situation of women in a gender-discriminatory society is therefore comparatively tough. The only thing that can help here is the emergence of an ethic that encompasses all ethical communities equally, namely women qua Grants people the same status as everyone else.

 

Footnotes

[1] According to Qutub Jehan Kidway, suffragette in Mumbai, it still happens in some tribal villages in western Rajasthan that newborn girls are given opium pills to kill them (interview from May 21, 2013). See also Choudhry (2011).

[2] See also Blume (2012).

[3] The slightly changed article appeared in August 2013 in contradiction. Münchner Zeitschrift für Philosophie, Volume 32, No. 57, pp. 139-154 (www.widersracht.com). I would like to thank the contradiction editors for their permission to publish them twice.

[4] A term used by lawyers to denote a position that deviates from the prevailing case law and legal interpretation. The term should help avoid that of the minority. The numerical reference to women in India would not be appropriate here.

[5] "What creates the idea of ​​women as 'fair game' for sexual violence? What, in effect, do Indian men think about women?" (Chaudhury 2012)

[6] The Tehelka study is of course not representative. Their heuristic informative value, however, results from their agreement with the other indicators cited here (statements by politicians, court judgments, social ostracism of rape victims).

[7] According to Manu's law, a woman must never be independent: "By a girl, by a young woman, or even by an aged one, nothing must be done independently, even in her own house" (Manu 1886, §147). The terms used today for this vary depending on the social and regional grouping. For example, a woman is referred to as "property of others" (Hindi: paraya dhan), i.e. the family of her future husband. Until she gets married, she is under the protection (Hindi / Urdu: hifazat, Bhojpuri: rakhval) of her own family (cf. the Bhojpuri folk song in Jassal 2012; 8f.). "Amanat" in Hindi / Urdu describes the mutual loyalty obligation in these relationships (conversation with Rajshree Chandra, political scientist and fellow, CSDS, on May 27, 2013). See also Rochona Majumdar's article in Chakrabarty et al. (2007).

[8] According to Manu: "In childhood a female must be subject to her father, in youth to her husband, when her lord is dead to her sons; a woman must never be independent." (Manu 1886, §148) Today parents say "until you marry, you are my responsibility" (conversation with Sharmistha Saha, theater scholar, Mumbai, on May 19th, 2013).

[9] "She must not seek to separate herself from her father, husband, or sons; by leaving them she would make both (her own and her husband's) families contemptible." (Manu 1886, §149)

[10] In the Ramayana epic this is symbolized by the magical circle that Laksman draws around Rama's wife Sita and which she is not supposed to leave on punishment of kidnapping and rape by Rawana (for today's usage cf. Bajpai 2013: 4; confirmed in conversation with Rajshree Chandra, political scientist and Fellow, CSDS, on May 24, 2013).

[11] "[W] omen who dare to cross the boundaries ... are seen as 'free for all' or rather, everyone thinks that they are the custodians of women's morality and that they have a right to 'teach them a lesson'. " (Agnes 2013: 13; cf. also the expression "dented and painted women" in Rao 2013: 18)

[12] See the analysis of the Suryanelli rape case below.

[13] "[F] or a vast majority of men, rape does not even register as a violent or heinous crime." (Chaudhury 2013)

[14] Cf. comment by Kakoli Ghosh Dastidar, Trinamul Congress Leader, in connection with the Park Street rape case from 02/05/2012: http://ibnlive.in.com/news/park-street-case-not-rape- but-a-deal-gone-sour-with-the-client-tmc-leader / 312797-3-231.html (accessed on May 27, 2013).

[15] Although the Justice Varma Committee Report (2013: 60) prepared after the gang rape case in Delhi called for this, the corresponding criminal law reform still does not provide for a corresponding offense (Ministry of Law and Justice 2013).

[16] Elizabeth Philip, Freuderechtlerin, on the occasion of the round table on "The Suryanelli Case: PW3, The Willing Journey of a Misguided Girl" at the Center for the Study of Developing Societies, April 29, 2013. The case is now before the Indian Supreme Court remitted to the Kerala High Court for appeal.

[17] Cf. Art. 6 of the International Covenant on Civil and Political Rights, which India joined on April 10, 1979.

[18] "habituated to sexual intercourse" (Pitre & Lingam, 2013: 17).

[19] "Recently, in Bangaluru, a law student ... was gang raped when she was in a lonely spot with a male companion. The doctors who examined her were more concerned about the elasticity of her vagina than finding forensic evidence of the gruesome crime . " (Agnes 2013: 13)

[20] "[The two-finger test] is considered a proxy indicator of the victim’s 'loose morals' and ... often leads to character assassination of women in courts." (Pitre & Lingam, 2013: 17f.)

[21] "zinda laash (a living corpse), a title awarded to rape survivors by our parliamentarians." (Agnes 2013: 12)

[22] "a state worse than death" (Agnes 2013: 12). At the aforementioned event, suffragette Elizabeth Philip described the total isolation of the rape victim in the Suryanelli case, which equated to his social death.

[23] Conversation with Smita Tewari Jassal, Fellow, CSDS, on May 24, 2013.

[24] "Yes, women are somewhat responsible for the crimes against them, but ultimately it is actually the responsibility of their guardians, parents and husband." (Tabish Darzi, 26, Srinagar banker, quoted in Chaudhury 2013)

[25] "The clothes today's girls wear provoke even the most upright men. Women have become too wayward. They have moved away from Hindu culture. Girls wear 3 / 4th pants and figure-hugging clothes that leave little to the imagination. Obviously, this turns men on. Boys will never approach a girl if they don't get the right vibes from her. They always know when they see a girl who is ready to sleep around. Why can't women wear churidars instead of skirts? If women roam around wearing revealing tops, obviously men get the idea that she's available and loose. The best of men can fall for that. In the olden days, our elders had a rule. A grown-up daughter would not be allowed to be in the same room as her father or her brother. We have drifted away from there. That's why these things are happening. " (Vijay Prasad Shetty, 57, President of the Udupi Bar Association, quoted in Chaudhury 2013)

[26] "Why was the girl out at that time of night? I heard when she got onto the bus with the man, they started kissing. So it's not the fault of the men who raped her." (Ram Kishen, 53, Bhiwani farmer, quoted in Chaudhury 2013)

[27] "Hindu, Muslim, or Christian. Farmer, laborer, auto driver, scientist, lawyer or teacher. Educated or illiterate. Old or young. Haryanvi, UP-wallah, or Southie. Only one thing seemed to bind the men TEHELKA spoke to: they had no concept of male accountability. " (Chaudhury 2013)

[28] "If you listen to men across India, you would know enough of them want to keep women in a box or thrust them back if they have escaped. This impulse expresses itself in a myriad ways: as brute misogyny or stifling protectionism. But running common through it all is a fear and abhorrence of women who display autonomy over their own bodies and sexuality. Women's clothes, you would imagine, are the 'greatest internal security threat in this country'. No culture, profession or age group - no level of education or exposure - seems to make men immune to this. " (Chaudhury 2013)

[29] "Dalit women are raped with impunity as if dalits were meant to be abused; the custom of offering newlywed brides to feudal landlords is still practiced in certain pockets." (Teltubde 2013: 11)

[30] "[R] aping dalit or tribal women ... has been a widely prevalent punishment ... this is not [considered] a crime; it is albeit the most legitimate act to 'show them their place'." (Bajpai 2013: 5)

[31] See the restrained reaction of the media to the acts of violence in Kherlanji and Burj Jhabber. "It took a month following an incident of macabre caste violence in the village for Kherlanji to burst to attention." (Editorial, 2006: 4633)

[32] For example, the rape of a 16-year-old by 16 young people almost went down in the media just three days before the gang rape in Delhi. It was a girl from Meghalaya.

[33] "Our rigid and orthodox societal mindset has to go." Tejas Jain, 23, IT engineer and music student from Indore, quoted in Chaudhury 2013.

[34] "A successful woman is someone who is truly independent, who can live with her family or on her own, take her own decisions, dress as she wants, go where she wants and have as many sexual partners as she chooses." Sukalyan Roy 27, Marketing Executive in Delhi, paraphrased in Chaudhury 2013.

[35] "The emancipation of women is in the larger interest of society. They need more freedom, not less." Abhishek Verma 25, a computer science student at Ambedkar University in Lucknow, quoted in Chaudhury 2013.

[36] "Its not modern culture but a medieval mindset that is to be blamed for rape. The protest against rape by common people in Delhi and other places was, in fact, a product of modern culture. Earlier, we hardly ever protested. Western culture is not just about wearing jeans and short skirts. It's about liberal values, equality, liberty, fraternity, service to mankind and the Greek values ​​of Humanism. " Pramod Kumar, Professor of History, Lucknow University, quoted in Chaudhury 2013.

[37] "As far as clothes are concerned, if women cannot tell me what to wear, how can I dictate terms to them?" Vipul Patel, 28, owner of an electronics store in Udupi, quoted in Chaudhury 2013. Or: "How can anyone hold women responsible for crimes against them? If anyone is responsible, it is the men. What women do with their lives is none of my business. I have no say in my sister's life - she should be allowed to do what she wants with it. " Prakash, 35, a day laborer from Udupi, quoted in Chaudhury 2013.

[38] "As a modern democracy, the right of the individual - irrespective of religion, caste, class or gender - is enshrined in our Constitution. For a woman, this ought to mean a complete autonomy over her body, her choices, her movement and her right to work. These choices may be curtailed on the ground by the cultural or personal context she inhabits, or where she herself wants to stand on the ladder of emancipation. But, in essence, there should be no curtailments. " (Chaudhury 2013)

[39] "I hold women equally responsible as men for the segregated outlook of our society that views them as a solitary object for childbearing and sexual gratification. Unless women stand up and fight for their rights, this mindset will always prevail. Giving freedom to our women would mean providing peace and brighter opportunities for our society. But even our government - both in the state and Center - are male-oriented bodies where women have the least right of decision making. " Rak Kumar Singh, documentary filmmaker from Manipur, quoted in Chaudhury 2013.

[40] "And if they are that, how is one to negotiate such a gaping cultural divide? How can a society articulate - and enforce - desired values ​​for itself if there is such a foundational disagreement over what those values ​​should be?" (Chaudhury 2013)

[41] "What kind of imperialist vocabulary is this? If you treat everyone who does not agree with you as aliens and fools, if you refuse to accept them as your own people, what gives you the right to dictate to them? What makes you think they will even entertain your criticism? " (Madhu Kishwar, Fellow at CSDS and editor of Manushi magazine, quoted in Chaudhury 2013).

[42] To speak of collective outrage is to assume a shared value system. Clearly, we don't have that. The idea of ​​equality may be non-negotiable, but the paths to it are many. If we stay committed [to the process of participatory dialogue], even after the clumsy water cannons are gone and the anguished candles have died, we might still have one billion rising.

[43] "[I] t's possible many Indians will read the excerpts of conversations with Indian men listed in this story and wonder why we are calling it a window into darkness." (Chaudhury 2013)

[44] "Media in India is more loud than representative. If the framing of this debate gets too vociferous and extreme, it can galvanize the opposition in disturbing ways. Our society has always had a way of evolving organically, using a combination of strategies to create space for new ideas. As long as that change is gradual, the anxiety it produces is also gradual. If one gets too absolutist, the whole thing can boomerang. " Santosh Desai, media commentator and managing director of the marketing agency Future Brands, quoted in Choudhury 2013.

[45] Cf. e.g. Kant, Metaphysik der Sitten, according to which no person "has to obey a law other than that to which he has given his consent." (Kant, 1900: 314)

[46] This is to be shown here.

[47] Cf. Rawls 1995: 141, footnote 16; Shower 2000: 41ff; Shower 2002: 10ff.

[48] ​​Cf.Manu 1886; Kautilya 1915.

[49] Already represented by me in my 1998 dissertation. The term used here instead of "emergence" is "socialized hermeneutics" (Shower 2000: 13f.).

[50] Cf. Habermas (1983: 118) and Dworkin (1990: 9).

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The article "Hierarchical Ethics or Equal Morality? Emergent Women's Rights in India." appeared as the original in Contradiction. Munich magazine for philosophy 32 (2013) 57: 139-154 (www.widersschul.com)