The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distributive justice, which applies within states, corrective justice applies among states. It applies in particular to cooperative arrangements creating interdependence among them. Corrective justice does not require fairness in outcomes. It requires redress in cases of loss caused by unfairness. An illustration of corrective justice among states is the Eurozone’s response to the financial crisis. The assistance offered to the (...) most burdened states was not as an attempt to arrive at fair shares but an attempt to remedy the losses unfairly caused by the mistakes made by the Eurozone as a whole, when designing its basic architecture. (shrink)

The EU has throughout its history benefited from variable levels of popular support and revealed different levels of capacity to deal with crises. The current circumstances, on account of financial pressures, social instability and present geographical and policy scope of the EU, require serious introspection and ‘soul searching’. What can be done if the EU is not to perish and, hopefully, become more part of the solution than of the problem? May becoming more humane be the answer? ‘Humane’ may be (...) defined in different ways, including compassionate, sympathetic and humanitarian. Non-Western cultures seem to have made a much more sophisticated use of this notion in broader contexts up to the present day. Chinese culture, through the Confucian notion of ‘jen’, places enormous value on humaneness as a way of achieving balance, empathy and the moral standard. In the African context, the notion of ‘ubuntu’ has served as the gateway through which humaneness infiltrates all aspects of society, including law and policy, namely by focussing on participation, co-responsibility, interdependence, respect and equality. This introduction presents an analytical framework through which the degree of humaneness of the different fields of EU law and policy can be assessed. (shrink)