In Justice for People on the Move (2020), Gillian Brock argues that immigration bans targeting religions run afoul of international human rights agreements and practices concerning equal protection under the law, freedom of conscience, and freedom of religion. Religion-targeted bans are also said to violate ethical requirements for legitimacy by not treating immigration applicants fairly and signalling the acceptability of hatred and intolerance. Brock centres her discussion around the example of the Trump administration’s 2017 Muslim ban, for which (...) she notes additional problems such as the ban’s being motivated by dubious empirical assumptions about the risk of terrorism. I raise two challenges for Brock’s argument. I begin by asking whether banning the immigration of individuals from certain Muslim majority countries could be justified on the grounds that a large portion of the population in those countries appear to reject core liberal values such as the equal rights of women and homosexuals. This leads to my primary challenge, which concerns the practice of treating religion as a morally protected category such that discrimination based on religion is inherently impermissible. I argue that religions should be viewed as more akin to political ideologies than to morally arbitrary categories like race and sex, and that if a given religion is genuinely harmful to liberal values, an immigration ban could in principle be compatible with respect for human rights. (shrink)

The papers in this volume reflect much of the current unease of a world that perceives itself once more at the edge of chaos. The authors present different vistas of that experience and their inherent dialectic, expressed in numerous and ceaseless conflicts between ordering and disordering processes. They can be read as comments on the ongoing processes that lead toward greater complexity.

Every year approximately 18 million people die prematurely from treatable medical conditions including infectious diseases and nutritional deficiencies. The deaths occur primarily amongst the poorest citizens of poor developing nations. Various groups and individuals have advanced plans for major international medical aid to avert many of these unnecessary deaths. For example, the World Health Organization's Commission on Macroeconomics and Health estimated that eight million premature deaths could be prevented annually by interventions costing roughly US$57 bn per year. This essay (...) advances an argument that human rights require high-income nations to provide such aid. The essay briefly examines John Rawls' obligations of justice and the reasons that their applicability to cases of international medical aid remains controversial. Regardless, the essay argues that purely humanitarian obligations bind the governments and citizens of high-income liberal democracies at a minimum to provide major medical aid to avert premature deaths in poor nations. In refusing to undertake such medical relief efforts, developed nations fail to adequately protect a fundamental human right to life. (shrink)

The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state with wide degrees (...) of autonomy and participation for indigenous nationalities. A part of those demands was the double strategy to fight for legal pluralism while already installing it at the local level. Even if some degrees of legal pluralism have been recognized in Ecuador since the mid-1990s, in practice, the local de facto practice prevails until today. Another central part of the demand for plurinationality is the representation of indigenous peoples in the legislative organs of the state, developing since their first appearance in the 1940s in a complex way. This article will analyze the development of right-based demands within the discourse of the indigenous movement in Ecuador, the visions of the implied state-reform and the organizational and political background and implication they have. Based on an analysis of the central texts of the indigenous organizations, conceptualizations of rights and laws and their appropriation within an autonomist discourse and a local practice will be highlighted. (shrink)

Major considerations of disability studies—such as provision of care, accommodation for disabled people, and issues surrounding institutionalization—have been consistently marginalized in American bioethical discourse. The right to die, however, stands out as a paradigmatic bioethical debate. Why do advocates for expanding the volition and self-direction of disabled people emerge from the periphery only to help those disabled people who choose death? And why do the majority of people assume an unrealistically low quality of life for those with disabilities? This paper (...) will argue that the dominance of the Western liberal tradition in American culture motivates both these phenomena: by emphasizing individual rights over duties and responsibilities, assuming the isolated and independent rights-bearer as the prototypical person, and evoking an unrealistically atomistic view of human interaction. As an alternative, I offer a framework rooted in feminist ethics that emphasizes context, gives moral weight to human relationships, abandons the problematic ideal of a lone rights-bearer, and emphasizes the mutual vulnerability of embodied individuals. (shrink)

Executive summary In this discussion paper, it is shown that the current housing affordability crisis in Germany is a problem of intergenerational injustice since it affects young Germans disproportionately negatively. To address these injustices, the following policy measures are suggested. 1. Policies to assure affordable rents a. Rent controls : Well-designed rent controls help keep rentprice increases in re-lettings in check, while still allowing landlords to pass renovation costs on to their renters and to increase their rents by a small (...) percentage annually. This would especially benefit young individuals, since the young move more often than baby boomers and are therefore disproportionately negatively affected by price increases in re-lettings. b. Strengthening social housing : Local, state, and national governments must invest in the provision of social housing to provide below-market-priced housing for the most vulnerable households. This measure is especially important in large cities, where rents have risen steeply over the past decade, threatening to displace many poor households. 2. Measures to facilitate first-time homeownership for young Germans. Supporting young adults in becoming first-time homeowners is another important area in which public policy can help mitigate the negative effects of the housing crisis for young Germans. This can be achieved via: a. First-time home buyer programmes : First-time home buyer programmes support individuals who are buying their first home through grants or other financial stimuli, such as a first-time home buyer tax credit. Several countries, such as Australia or Canada, already have such programmes in place, helping young individuals to become homeowners. Such measures could also be adopted in Germany. b. Access to credit for first-time buyers : Young people often face credit constraints when buying their first home since they do not yet own a home they could use as collateral. Governmental programmes, such as the first-time homebuyers plan in Canada, can help young individuals to obtain resources for the down payment on a mortgage, thereby improving their chances to be able to obtain a mortgage at a reasonable interest rate. 3. Measures to increase housing supply. To address issues of housing affordability and intergenerational justice, public policy should aim to increase the housing stock. It should also provide for the needs of young generations, especially in urban areas. Concrete measures to achieve these goals include: a. Densification policies : Densification policies consist of relaxing zoning restrictions. This allows landowners to build more densely and taller, thereby increasing the overall housing supply. Relaxing zoning restrictions allows the housing supply to respond to an increased demand and can therefore prevent house prices from rising. Therefore, densification policies have become a widespread tool to address housing unaffordability and could be used more extensively in German cities. b. Using existing housing stock more efficiently : Another factor that hinders young people from finding adequate homes is that houses that could be occupied by a young family or multiple students are often occupied by an old couple or individual who continue living in the homes where they raised their children, even after the children have moved out. Online platforms, such as Tauschbörse, that connect young individuals currently living in a smaller property with older people currently living in a larger property can help in using the existing housing stock more efficiently. Since the current German housing crisis is a predominantly urban phenomenon, Germany’s large cities should be the primary focus of these policies. Yet, because of architectural and socio-economic differences between and within cities, there exists no one-sizefits-all solution. Nevertheless, the above measures can serve as a starting point for developing comprehensive measures to fight intergenerational injustice in the German housing market. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should (...) make justice, not simply peace among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration (...) standing that is not available to adults. Despite the fact that these benefits are extremely widespread, the justification for them remains less than fully clear, and the extent of the benefits required by considerations of justice (as opposed to expediency or other policy considerations) is debated. While essentially all states recognize at least some of these rights, a significant number of them wish to reduce, rescind, or place significant conditions on them. The role of the family in immigration policy, then, stands in need of further clarification. In this paper I attempt to provide the needed clarification and justification. I discuss first questions about family unification or formation, focusing in particular on how broad a right must be provided by states wishing to have a just immigration policy, and on whether this right violates norms of liberal neutrality. I then discuss the family in relation to refugee and asylum policy, considering both when family ties should be given weight in refugee protection decision and when harm to a family member should, on its own, be able to be grounds for applying for refugee protection. I turn next to the question of when, and to what extent, family ties should be able to serve as a “shield” to removal or deportation, and finish with a discussion of the special rights of and obligations to children in immigration settings. (shrink)

MacIntyre, Clark, and Heidegger would all agree that the current problem with moral theory is its lack of a satisfactory conception of human telos. This lack leads us to resort to such fictions as rights, interests, and utility, which are “disguises for the will to power.” Ibid., p. 240. These thinkers would also agree that modern nation-states are cut off from the roots of the Western tradition. Modern political economy, with “its individualism, its acquisitiveness and its elevation of the (...) values of the market to a central social place”Ibid., p. 237. is leading us into “the coming age of barbarism and darkness.”Ibid., p. 244. MacIntyre's grim depiction of the future, which Heidegger calls “the time of the darkening of the earth” and “the flight of the gods”,Heidegger, “What Are Poets For?” in Poetry, Language, Thought. can only be met by re-appropriating our own tradition. Although Aristotle has much to tell us, I believe Heidegger is right to turn to Heraclitus for a non-anthropocentric conception of humanity's place in Nature. Other writers, however, such as Arne Naess, George Sessions, and Stuart Hampshire, argue that the writings of Spinoza may offer the most helpful vision of humanity needed to guide our efforts to find a more appropriate basis for our behavior toward each other and toward the non-human world as well.George Sessions, “Spinoza and Jeffets on Man in Nature,” Inquiry 20 (1977):481–528. Sessions' essay was criticized by Genevieve Lloyd in “Spinoza's Environmental Ethics,” Inquiry 23 (1980):293–311. In reply, Arne Naess wrote “Environmental Ethics and Spinoza's Ethics: Comments on Genevieve Lloyd's Article,” Inquiry 23 (1980):313~ 325. Cf. also Stuart Hampshire, Two Theories of Morality (Oxford: Oxford University Press, 1977). Yet Aristotle, Qark, Heidegger, Heraclitus, Maclntyre, and Spinoza all agree that in order to behave fittingly, we must understand what it means to be human. At this time, I would like to acknowledge the importance of the following objection to what I have been arguing here: While it may be true that the concept of human rights is a fiction, it is nevertheless a very useful fiction for changing how human beings relate to each other. Tom Regan has frequently pointed out that even if the concept of rights proves to be ficticious, it can be helpful in protecting non-human beings from abuse by humans. Cf. his essay “Exploring the Idea of Animal Rights,” Animals' Rights - A Symposium (Sussex and London: Centaur Press Ltd., 1979); Regan, “Animal Rights, Human Wrongs,” Environmental Ethics 2 (1980):99–120. The doctrine of the rights of man justified the American and French revolutions, which brought forth new and important human freedoms. Today, most of humanity still lacks the protection afforded by constitutionally guaranteed human rights. Moreover, even in constitutional democracies there are frequent abuses of and attempts to curtail human rights. Until far more people become committed to protecting human rights, it is unlikely that there will be a big movement to extend rights to non-human beings, much less to overcome the anthropocentrism inherent in the concept of rights. What the Buddhist tradition calls “skillful means” is appropriate in our current situation.My thanks to Professor David Levin of Northwestern University for having reminded me of the importance of approaching the question of human rights in a “skillful” way. We must approach people in a way sensitive to their current self-understanding. Before we can pass on to the stage of planetary unity made possible by non-anthropocentric thinking, we need to find ways that promote mutual respect among human beings.On the topic of the relation between spiritual-psychological growth and the shift in human morality, cf. M.W. Fox, “Animal Rights and Nature Liberation,” in Animals' Rights - A Symposium. Out of such respect there can also arise respect for the non-human as well. While largely in agreement with this point of view, I would like to note that our means must be very skillful, indeed, if we are to transform our relationships to each other and to the natural world before irreparable damage is done to the earth, through nuclear war or environmental destruction. The time grows short for the transformation needed to bring us from the stage of anthropocentrism to a deeper awareness of our internal relationship to the whole world. Some people, such as Peter Russell, argue that we are witnessing the evolution of a non-anthropocentric mode of planetary consciousness that will be supported by the revolution in communications and computers. Peter Russel, The Global Brain: Speculations on the Evolutionary Leap tp Planetary Consciousness (New York: J.P. Tarcher, 1983). Other people, such as Jeremy Rifkin, maintain that the coming computer age promises ever greater intrusions into natural processes, such as the drive for control of genetic structures.Jeremy Rifkin, Algeny (New York: Viking, 1983). In my view, while it is important to extend the idea of human rights wherever possible, it is also crucial that we consider seriously the possibility that the idea of human rights is merely a transitional way of conceiving of morality. As we learn more about the interrelationship of human life with all other aspects of the earth's life, our self-understanding will no longer be in harmony with the human-centered morality we know today. We will either learn to respect all beings and act toward them in appropriate ways, or else we will continue down the road we are now headed - a road which seems to have a very disturbing destination. Learning to dwell appropriately on earth is the most pressing moral issue of the day. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United (...) Nations in 2007. This historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

Recently, mental strength education requires to change in a way that establishes a military value system suitable for a liberal democracy while facing the need to strengthen mental strength in response to unpredictable security situations. The key to fulfilling these twofold objectives lies in the fact that there is a positive correlation between the enhancement of a soldier’s democratic awareness and intangible force. Therefore, it is of great importance to emphasize the concept of ‘citizen in uniform’ as one of the (...) central military values. However, this concept has one problem before its use in military mental strength in which the orders of the military status and the orders of the civic seem heterogeneous and even conflicting. This study aims to dissolve the internal tension of this concept through a new philosophical interpretation of citizens in uniform, freedom, people and state, thereby providing the foundation for establishing for establishing new military values and enhancement of mental force. To this end, it examines the explanation of the current curriculum regarding these concepts first and diagnoses its several problems (II). The current curriculum presents a brief explanation of the compatibility of civil rights and military obligations but does not resolve the conflict between the two. A new understanding of them is possible by introducing Hegelian insights in Philosophy of Rights (III). From Hegel's point of view, freedom is not the mere absence of coercion but a capacity for self-determination. Freedom is difficult to realize wholly at the level of an isolated individual, and it calls for an ethical community to give it a specific form. A state that is the best entity in humanity is the supreme unit that defines individual freedom and identity. Then it naturally derives that national defense is one of the supreme missions directly related to the freedom and identity of its people. A re-description of the contents of the curriculum based on these insights can conceptually resolve the aforementioned problem and even strengthen its arguments (IV). The state and the people are in a more essential correlation than previously depicted, and liberal democratic values such as freedom, human rights and welfare are proved as constitutive of a state itself. The superiority of liberal democracy, which the current textbook attempts to prove, also becomes transparent. Finally, military duties do not conceptually conflict with civil freedom but are considered as a form of it. (shrink)

In Civil Rights and the Paradox of Liberal Democracy, Bradley Watson demonstrates the paradox of liberal democracy: that its cornerstone principles of equality and freedom are principles inherently directed toward undermining it. Modernity, beyond bringing definition to political equality, unleashed a whirlwind of individualism, which feeds the soul's basic impulse to rule without limitationincluding the limitation of consent. Here Watson begins his analysis of the foundations of liberalism, looking carefully and critically at the moral and political philosophies that justify (...) modern civil rights litigation. He goes on to examine the judicial manifestations of the paradox of liberal democracy, seeking to bring a broad philosophical coherence to legal decision making in the United States and Canada. Finally, Watson illuminates the extent to which this decision making is in tension with liberal democracy, and outlines proposals for reform. (shrink)

In On Liberty, Mill famously propounded a view of the good life as the autonomous life. On this view, it is crucial that people develop and exercise, to a high degree, their ability to reason independently about what to believe and what to aim at in life. It is also important that they be able to freely hold and express their beliefs and effectively act on their aims. As Mill put it: The mental and the moral, like the muscular, powers (...) are improved only by being used. ... He who lets the world ... choose his plan of life for him has no need of any other faculty than the ape-like one of imitation. He who chooses his plan of life for himself ... must use observation to see, reasoning and judgment to foresee, activity to gather materials for decision, discrimination to decide, and when he has decided, firmness and self-control to hold his deliberate decision. And these qualities he requires and exercises exactly in proportion as the part of his conduct which he determines according to his own judgment and feelings.... It is possible that he may be guided in some good path ... without any of these things. But what will be his comparative worth as a human being? (p. 56). Two of Mill’s arguments for familiar liberal rights—which include children’s right to a decent education, freedom of conscience, freedom of expression, and freedom of association— appeal to this ideal of autonomy. First, these rights are generally crucial for establishing the conditions under which people can freely make up their own minds about what to believe and how to live, and to act accordingly. Second, a society that respected these rights would, Mill thought, be more likely to have a vibrant public culture, in which divergent opinions and lifestyles lead to a ‘generally high scale of mental activity’, which together ‘raise even persons of the most ordinary intellect to something of the dignity of thinking beings’ (p. 33). (shrink)

A number of theorists have tried to resolve the tension between a western-oriented liberal scheme of human rights and an account that accommodates different political systems and constitutional ideals than the liberal one. One important way the tension has been addressed is through a “neutral” or tolerant, notion of human rights, as present in the work of Rawls, Scanlon and Buchanan. In this paper I argue that neutrality cannot by itself explain the difference between rights considered appropriate (...) for liberal states and rights considered to be human rights proper. The central arguments used by neutralist theorists presuppose, rather than justify, this differential treatment. Instead, that difference can be understood only by reference to the purpose of human rights as distinct from the constitutional rights of a liberal state. This requires us to reassess the point and purpose of a theory of international justice, in contrast to justice for a domestic and politically separate society. In the case of a theorist like Rawls, human rights represent guides to the foreign policy of a liberal state, rather than to principles by which all states are expected to abide. That is because of Rawls’ acceptance that no common, authoritative, third-party, institutions capable of imposing duties on all agents uniformly exist or can exist. This also makes his theory inherently conservative about human rights, given that they are simply to act as a guide to which states can be treated as legitimate when it comes to liberal foreign policy: those that possess institutions that can be said to represent a peoples, rather than being imposed through violence. This standard is lower than the ideal set of rights extended to all in a liberal society. (shrink)

Martin Luther King's legacy as a Black, Baptist preacher and activist is widely known, but his influence in the public sphere has eclipsed his influence in Black Theology. Additionally, since the Black Power movement succeeded the Civil Rights movement, and thereby the Liberationist movement succeeded the Black Social Gospel movement, the foundations King laid became seamlessly integrated into the theology of James Cone and J. Deotis Roberts. Taking King's social analysis, his concern for crucified peoples, and grassroots activism, (...) Cone and Roberts craft the school of Black Theology. Frederick Ware's book, Methodologies of Black Theology outlined the schools of Black Methodology, including the Black Hermeneutical School, which incorporates indigenous sources to inform theology. Walter Strickland II, building upon Ware, argues the Black Hermeneutical School has three schools of interpretive emphasis: Courthouse, Schoolhouse, and Church House. Cone's theology utilises the methodology of the Courthouse while Roberts utilises the methodology of the Church House. This paper argues that Martin Luther King Jr's activism and theology helped develop Cone and Roberts's Black Theological Method. Roberts carries King's legacy as a pastor‐theologian, and Cone carries King's legacy as a social activist. (shrink)

A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of (...) the most influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights. (shrink)

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task remains of ensuring that the right sorts of information reach the right sorts of people. In what follows we defend the thesis that efforts to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations, and that the communication of healthcare information and knowledge needs to rest (...) on a sound ontology of social interaction. We illustrate this thesis in relation to the HL7 RIM, which is one centrally important tool for communication in the healthcare domain. (shrink)

International human rights law and international humanitarian law (IHL) contain few obligations for rebel groups, yet those groups are nonetheless under pressure to comply with their foundational international norms. This case study of the Kosovo Liberation Army (KLA) analyzes the evolution of its discourse and behavior related to human rights and IHL. It then compares changes in the group’s discourse to evidence of changes in behavior. The study finds that the KLA does significantly change (...) its language, gradually incorporating such language over time, but it also demonstrates that this change is not accompanied by improvements in human rights and IHL adherence in its behavior. The study considers whether greater adoption of these norms is better explained by a constructivist or a rationalist approach and, in particular, looks at the role of legitimacy. In addition, it offers insight into how groups may respond to future pressure to follow these norms. (shrink)

-/- In his rich and thoughtful paper, Richard Bellamy sketches a theory of individual rights that ascribes to them an inherently democratic character that “is best captured by a republican view of liberty as non-domination, rather than the standard liberal account of liberty as non-interference.” According to this view, “rights involve an implicit appeal to democratic forms of reasoning.” That is, the only justifiable “foundation of rights must be some form of ongoing democratic decision making that (...) allows rights to be claimed under conditions of political equality.” Bellamy uses this particular model of rights to defend a somewhat unique thesis concerning the legitimacy of judicial review under a constitutional charter or bill of rights (henceforth constitutional review). Many legal theorists question whether constitutional review can ever be rendered consistent with the theoretical and practical demands of democracy. According to these theorists, democracy embodies a form of self-rule whereby the members of a society establish and exercise legitimate authority over themselves. But self-rule seems seriously compromised once constitutional review enters the picture. Instead of having the people and their elected representatives setting the basic terms of social cooperation, we have instead a small group of elite, unelected, and unaccountable judges performing this vital task. Constitutional review empowers these individuals, in constitutional review cases, to substitute their own contestable views and preferences with respect to the basic terms of social cooperation for the duly considered views and preferences of the people and those whom they have duly elected to represent them. This is something one simply cannot tolerate in a democracy. (shrink)

Proceedings of the First Conference of the International Society for Hermeneutics and Science.

This handsomely produced volume contains 22 contributions from international scholars, which were originally presented at the 2000 Conference of the International Society for Phenomenology, Fine Arts, & Aesthetics. The papers center around the theme of gardens and include a wide range of topics of interest to phenomenologists but also, perhaps, to gardeners with a philosophical bent. A sampling of topics: Leonardo's Annunciation Hortus Conclusus and its reflexive intent; hatha yoga--a phenomenological experience of nature; the Chinese attempt to miniaturize (...) the world in gardens; conflating and compressing time in commodified space and architecture; constructing the deconstructive landscape (the ruin aesthetic); and a phenomenological-anthropological aproach to Zen gardens. The volume is lightly indexed by name (mostly philosophers). Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com). (shrink)

In the last two centuries, our world would have been a safer place if philosophers such as Rousseau, Marx, and Nietzsche had not given intellectual encouragement to the radical ideologies of Jacobins, Stalinists, and fascists. Maybe the world would have been better off, from the standpoint of sound practice, if philosophers had engaged in only modest, decent theory, as did John Stuart Mill. Yet, as Ronald Beiner contends, the point of theory is not to think safe thoughts; the point is (...) to open intellectual horizons. In Philosophy in a Time of Lost Spirit, Beiner reflects on the dualism of theory and practice. The purpose of the theorist is not to offer sensible guidance on the conduct of social life but to test the boundaries of our vision of social order. Whereas the liberal citizen should embody the practical virtues of prudence and moderation, the theorist should be radical, probing, and immoderate. Looking back at the liberal-communitarian debate of the 1980s, Beiner recognizes that the antidote to our spiritless times lies neither in the embrace of community over individualism nor of individualism over community: both individual and community need to be submitted to radical questioning. It is by exposing ourselves to the challenge of fearless thinking encountered at the philosophical extremities that we are most likely to understand our own world at a deeper level. In this collection of essays and reviews, Ronald Beiner helps us to think critically about the thought-worlds of our foremost contemporary thinkers, including Hannah Arendt, Allan Bloom, Michel Foucault, Hans-Georg Gadamer, J¦rgen Habermas, Will Kymlicka, Christopher Lasch, Richard Rorty, Judith Shklar, Leo Strauss, Charles Taylor, and Michael Walzer. (shrink)

The traditional view that legitimate international law is founded on the consent of the states subject to it has come under increasing attack by liberals, such as Allen Buchanan, who argue for a cosmopolitan order in which the protection of human rights norms is legally foundational. The cosmopolitan argument presupposes that human rights would be better preserved by doing away with the requirement of state consent. However, state consent is seen to be necessary for protecting the (...) class='Hi'>rights of individuals in weaker states and preserving global stability. The requirement of state consent preserves individual rights better than attempts to assert non-consensual liberal norms as international law, such that the internationalist system is more legitimate than the cosmopolitan on the latter’s own terms. (shrink)

The traditional view that legitimate international law is founded on the consent of the states subject to it has come under increasing attack by liberals, such as Allen Buchanan, who argue for a cosmopolitan order in which the protection of human rights norms is legally foundational. The cosmopolitan argument presupposes that human rights would be better preserved by doing away with the requirement of state consent. However, state consent is seen to be necessary for protecting the (...) class='Hi'>rights of individuals in weaker states and preserving global stability. The requirement of state consent preserves individual rights better than attempts to assert non-consensual liberal norms as international law, such that the internationalist system is more legitimate than the cosmopolitan on the latter’s own terms. (shrink)

The traditional view that legitimate international law is founded on the consent of the states subject to it has come under increasing attack by liberals, such as Allen Buchanan, who argue for a cosmopolitan order in which the protection of human rights norms is legally foundational. The cosmopolitan argument presupposes that human rights would be better preserved by doing away with the requirement of state consent. However, state consent is seen to be necessary for protecting the (...) class='Hi'>rights of individuals in weaker states and preserving global stability. The requirement of state consent preserves individual rights better than attempts to assert non-consensual liberal norms as international law, such that the internationalist system is more legitimate than the cosmopolitan on the latter’s own terms. (shrink)

For critical legal scholars, the ongoing far-right assault upon the liberal status quo poses a distinct dilemma. On the one hand, the desire to condemn the far-right is overwhelming. On the other hand, such condemnations are susceptible to being appropriated as a validation of the very liberalism that critical theorists have long questioned. In seeking to transcend this dilemma, my focus is on the discourse of ‘white genocide’ — a commonplace belief amongst the far-right/white nationalists that ‘whites’, as a discrete (...) group, are facing demographic destruction as a result of deliberate policy choices. Such a belief has motivated acts of extreme violence. While libel to dismissal by experts on mainstream understandings of genocide, namely international criminal lawyers, I argue that this ‘white genocide’ discourse deserves careful scrutiny as a jurisprudential and socio-legal phenomenon that reveals key weaknesses in present modalities of liberal justification. Drawing upon an array of recent critical theories, I show how a liberalism unable to face its own decline enables the very far-right assertions it purports to oppose. Thus, given liberalism’s failure to act as a neutral arbiter, an alternative approach for those opposing the far-right is to develop a vision of politics and society that confront believers in ‘white genocide’ on a more substantive level. This, I argue, forces the far-right’s opponents to disavow liberal scepticism towards utopian transformation as well as the juridical understandings and institutions that allow this scepticism to durably persist. (shrink)

The idea of equality in political thought is often approached from a distributive perspective that entails a rethinking of institutional arrangements. In this paper I present an approach to conceived as a complement to the common institutional approach in liberal theory. The foundational claim is that blacks do not come into view for a wide range of people as worthy of full human recognition, that is, persons in possession of human vulnerabilities that require responses and in possession of warrants to (...) rights that demand respect. The central argument is that this problem of diminished social value can be addressed by imagination and that imagination is crucially important to bridge the experiential divide between white and black Americans. I deploy two ideas I claim are essential for leveraging imagination: attentiveness and skill. When we are attentive we provide the imagination range to sense the more difficult aspects of others’ lives under inequality; when we are skilled we deploy a finer sensibility in taking the proper ethical stance towards others’ experiential difficulties under a regime of racial inequality. To achieve this, I provide a schematic of three pairs of concepts that provide a foundation though not full accounting of the necessary skills in response to ethical challenges: narrative/receptivity, reasons/responsibility, affect/compassion. (shrink)

This article considers the ongoing difficulties for mainstream political theory of actualizing human rights, with particular reference to Rorty’s attempt to transcend their liberal foundations. It argues that there is a problematic disjuncture between his articulation of exclusion and his hope for inclusion via the expansion of the liberal human rights culture. More specifically, it shows that Rorty’s description of victimhood is based on premises unavailable to him, with the consequence that stateless persons are rendered inhuman, and, further, (...) that his accounts of sentimentality and solidarity have limited potential for the inclusion of such victims within the liberal ‘community of justification’. In the final analysis, the article argues that there is a substantial mismatch between Rorty’s dependence on both liberal norms and international political practice, and his hopes for the human rights culture to include those stripped of human dignity. (shrink)

The recent transnational wave of destruction that was caused by the earthquake-induced tsunamis in South East Asia has raised the issue of global justice in terms of the rights of victims to expect aid relief and the moral responsibility of the rest of the world to provide it. In this paper I will discuss the issue of global ethics in terms of positive rights that people have to assistance from others when they cannot provide such assistance themselves. The (...) main object of the paper is to demonstrate that positive rights are universal and global in scope and cannot therefore be restricted by any national, religious, cultural or other social boundaries. Such rights provide a rational and ethical foundation for global justice that is cosmopolitan. The argument for the position offered in the paper will be broadly based on the moral philosophy of Alan Gewirth.1. (shrink)

In the 1950s, long before his ascent to international renown, Michel Foucault published a scant few works. His early writings on psychology, psychopathology, and anthropology have been dismissed as immature. However, recently discovered manuscripts from the mid-1950s, when Foucault was a lecturer at the University of Lille, testify to the significance of the work that the philosopher produced in the years leading up to the “archaeological” project he launched with History of Madness. Elisabetta Basso offers a groundbreaking and (...) in-depth analysis of Foucault’s Lille manuscripts that sheds new light on the origins of his philosophical project. She considers the epistemological style and methodology of these writings as well as their philosophical context and the scholarly networks in which Foucault was active, foregrounding his relationship to existential psychiatry. Young Foucault blurs the boundaries between biography and theory, exploring the transformations—and, at times, contradictions—that characterize the intellectual trajectory of a philosopher who, as Foucault himself put it, “turned to psychology, and from psychology to history.” Retracing the first steps of the philosopher’s intellectual journey, Basso shows how Foucault’s early writings provide key insights into his archaeological work of the 1960s. Assembling a vast array of archival sources—including manuscripts, reading notes, notes for lectures and conferences, and correspondence—this book develops a new and deeper understanding of Foucault’s body of work. (shrink)

Proposal Information: In this paper it is argued that although Spinoza, unlike other great philosophers of the Enlightenment era, never actually wrote a philosophy of education as such, he did – in his Ethics – write a philosophy of self-improvement that is deeply educational at heart. When looked at against the background of his overall metaphysical system, the educational account that emerges is one that is highly curious and may even, to some extent at least, come across as counter-intuitive in (...) a contemporary setting. This is so because it grounds the greater social and political endeavors of humanity in the individual’s striving for an ever-increasing power of acting. Hence, education, for Spinoza, is a decidedly individualistic affair, but then again, so is the making of society. Since, for Spinoza, every instance of knowledge bears the unique mark of the individual body that expresses it, one might conclude that at the foundation of every social structure is an encounter between concrete bodies; each expressing a particular perspective from where to grasp the world. I would argue, based on this, that one of Spinoza’s main contributions to educational theory is his grounding of larger social endeavors in the striving of the individual. Hinged on the striving to be more rational, as dictated by the doctrine of the conatus, education appears to offer a way of grounding the structure of the human social world in the same principles as those guiding the individual. Spinoza’s doctrine of the imitation of affects thereby offers a way of linking the egoistic striving for power on behalf of the individual with the educational goal of building a sustainable society. It does so as it conditions self-improvement by the human characteristic to imitate what others desire. By being surrounded with people who desire to be more rational, one can utilize this desire for the good and become strengthened in one’s own striving for increasing one’s degree of existence. Consequently, the teaching situation is geared for guiding students towards a more rational life, at the same time as it is geared for the self-improvement of the teacher. This aspect of self-improvement is, ultimately, what will motivate the teacher in striving to enhance the lives of his or her students in the first place. Being unable to self-improve in isolation, the doctrine of the imitation of affects dictates that the rational person will be moved toward a life of generosity, not primarily for altruistic reasons, but out of a desire to become more rational and thus to gain in his or her own power of acting. The question that follows from this, of course, is how does one go about when inculcating a desire to be more rational in one’s students?Education, from a Spinozistic point of view, is ultimately about the cultivation of the potential that lies dormant in each individual, so that a person may live a happier life as a result of understanding, more adequately, their place in the natural world. The challenge, then, becomes one of overcoming the many obstacles that prevent a person from developing their potential. Pedagogy, from this point of view, may be understood in terms of the art of offering the right amount of resistance. This notion is based on the assumption that if a student encounters no resistance – or too much resistance – his or her potential remains just that – a potential. In order to develop this potential the student needs to overcome certain barriers. With regards to this, the role of the teacher may be conceived in terms of the one balancing the amount of resistance so that the student is properly challenged but at the same time not overwhelmed. Methodology or Methods/ Research Instruments or Sources Used: The paper makes for an attempt to outline a Spinozistic philosophy of education based on readings of Spinoza’s texts – primarily the Ethics – and some of the relevant secondary literature such as Della Rocca’s influential reading of Spinoza. As such it is a philosophical inquiry seeking to interconnect some key aspects of Spinoza’s philosophy with some of the major issues of education. Methodologically, this paper argues, in line with Melamed, that rather than turning to the history of philosophy in order to identify ‘precursors to [our] own views’, so as to validate what we already believe we know, it is more fruitful to turn to past philosophers in order to ‘challenge our most basic beliefs and intuitions by studying texts that are both well-argued and strongly opposed to our commonsense’. Accordingly, turning to Spinoza marks an attempt to revisit and reconceptualize some key aspects of educational thought. Conclusions, Expected Outcomes or Findings: A conclusion of this paper is that a Spinozistic philosophy of education would need to focus on resolving the tension between Spinoza’s egoism and education as a social project. To this end it identifies Spinoza’s doctrine of the imitation of affects as a possible link between the individual’s striving for power and the collective agenda of improving human well-being at large. It is also suggested that, in aspiring to inculcate a desire to be more rational in his or her students, the challenge for the Spinozistic teacher is to prompt the students to aspire to reach beyond the temporary satisfactions of the passions so as to acquire a more enduring sense of satisfaction and so that their well-being is more fully under their own command rather than under the command of various external influences. This, in turn, is connected with the notion of resistance in the sense that in experiencing the volatility of fortune – and thereby understanding the instability of relying on one’s passions – a person would appear to be more inclined to strive for a more enduring sense of happiness, even if this would mean giving up on some of the temporary pleasures that one has grown accustomed to. The resistance, then, may be conceived in terms of the overcoming of temporary pleasures that stand in the way of the developing of one’s potential. In this scenario the role of the teacher may be understood in terms of someone offering a well-balanced amount of resistance. This means that to accommodate one’s students – in the sense that one approaches them in terms of prospective customers, aspiring to satisfy their demands – is inimical to education insofar as the wants and desires of students are, generally speaking, caused by passive affects rather than their rational wills. References: Aloni, N.. Spinoza as Educator: From Eudaimonistic Ethics to an Empowering and Liberating Pedagogy. Educational Philosophy and Theory 40, pp. 531–544.Della Rocca, M.. Spinoza. New York: Routledge.Della Rocca, M.. Rationalism, Idealism, Monism, and Beyond. In: E. Förster & Y. Y. Melamed Spinoza and German Idealism. Cambridge: Cambridge University Press, pp. 7–26.Derry, J.. The Unity of Intellect and Will: Vygotsky and Spinoza. Educational Review, 56, pp. 113–120.Lloyd, G.. Spinoza and Educating the Imagination. In: A. O. Rorty Philosophers on Education: Historical Perspectives. London: Routledge, pp. 157–172.Melamed, Y. Y.. Spinoza’s Metaphysics: Substance and Thought. Oxford: Oxford University Press.Nadler, S.. Eternity and Immortality in Spinoza’s Ethics. Midwest Studies in Philosophy 26, pp. 224–244.Poulimatka, T.. Spinoza’s Theory of Teaching and Indoctrination. Educational Philosophy and Theory 33, pp. 397–410.Spinoza, B.. The Ethics. In: E. Curley A Spinoza Reader: The Ethics and Other Works. Princeton: Princeton Unive. (shrink)

This essay provides an internal critique of John Rawls’s case for liberal socialism. A liberal socialist regime combines liberal rights with public ownership of the means of production. The state deliberately manages capital to promote both economic and moral ends. I argue that liberal socialism cannot satisfy Rawls’s own criterion for a well-ordered and legitimate regime: stability for the right reasons. Liberal socialism cannot be stable much as reasonable comprehensive doctrines cannot. Reasonable comprehensive doctrines impose detailed patterns of conduct (...) on citizens in ways they can reasonably reject. Liberal socialism imposes similarly invasive and complex directives through what I shall call reasonable economic plans: multifaceted directives for the ownership and operation of capital that satisfy Rawls’s justice as fairness. Consequently, imposing any reasonable economic plan will destabilize the regime. For this reason, liberal socialism cannot serve as an ideal regime type for Rawlsian egalitarians. (shrink)

This paper examines the position of international human rights law towards missionary or proselytizing activities with a special focus on the American context. By evaluating UN legal acts such as the 1948 Universal Declaration of Human Rights, the 1960 Arcot Krishnaswami Study and the 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief and the American Convention of Human Rights, it investigates the extent to which such activities fall (...) within the scope of the right to free speech and to freedom of religion for religious organizations. This is exemplified by looking at two Evangelical religious organizations founded for the purpose of luring away groups of believers from their original religious communities: “Mission to Amish People”, targeting the Amish People, and “Jews for Jesus”, aimed at the Jewish community. The clash of one religious community which considers mission a fundamental element of its religion with a religious community who is highly skeptical about mission constitute the extreme test case of the right to free speech and to corporate freedom of religion. Given the highly various importance which mission can play in different religions, the article suggests to solve each case individually by carefully examining the content of each religious doctrine. (shrink)

The foundations of research ethics are riven with fault lines emanating from a fear that if research is too closely connected to weighty social purposes an imperative to advance the common good through research will justify abrogating the rights and welfare of study participants. The result is an impoverished conception of the nature of research, an incomplete focus on actors who bear important moral responsibilities, and a system of ethics and oversight highly attuned to the dangers of research but (...) largely silent about threats of ineffective, inefficient, and inequitable medical practices and health systems. -/- In For the Common Good: Philosophical Foundations of Research Ethics, Alex John London defends a conception of the common good that grounds a moral imperative with two requirements. The first is to promote research that generates the information necessary to enable key social institutions to effectively, efficiently, and equitably safeguard the basic interests of individuals. The second is to ensure that research is organized as a voluntary scheme of social cooperation that respects its various contributors' moral claims to be treated as free and equal. Connecting research to the goals of a just social order grounds a framework for assessing and managing research risk that reconciles these requirements and justifies key oversight practices in non-paternalistic terms. Reconceiving research ethics as resolving coordination problems and providing credible assurance that these requirements are being met expands the issues and actors that fall within the purview of the field and provides the foundation for a more unified and coherent approach to domestic and international research. -/- This is an open access title available under the terms of a CC BY-NC-ND 4.0 license. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. (shrink)

For decades, policy-makers in government, development banks and foundations, NGOs, researchers and students have struggled with the problem of how to protect people who are displaced from their homes and livelihoods by development projects. This book addresses these concerns and explores how debates often become deadlocked between 'managerial' and 'movementist' perspectives. Using development ethics to determine the rights and responsibilities of various stakeholders, the authors find that displaced people must be empowered so as to share equitably in benefits rather (...) than being victimized. They propose a governance model for development projects that would transform conflict over displacement into a more manageable collective bargaining process and would empower displaced people to achieve equitable results. Their book will be valuable for readers in a wide range of fields including ethics, development studies, politics and international relations as well as policy making, project management and community development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing (...) in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

ABSTRACT In recent issues of the Journal of Religious Ethics (2006, 2007), David Little has defended the contemporary regime of international human rights against what he thinks of as the relativizing influences of the genealogical “just‐so” story told by Jeffrey Stout in his Democracy and Tradition (2004). I argue that Stout is correct about just‐so stories, and that Little does not go far enough in his reclamation of liberalism against Stout's “new traditionalists.” The main weaknesses of Little's approach (...) are his insistence on the idea that human rights are to be thought of as natural rights, and that these in turn are to be thought of as self‐evident and self‐justifying. I argue that they are neither: they come to us via a Stoutian just‐so story, and that as part of a broader reclamation of liberalism, they can continue to serve as the basis for the kind of international liberal constitutionalism that Little advocates. (shrink)

We live today in the first global system of sovereign states in history, encompassing all of the world's polities, peoples, religions and civilizations. Christian Reus-Smit presents a new account of how this system came to be, one in which struggles for individual rights play a central role. The international system expanded from its original European core in five great waves, each involving the fragmentation of one or more empires into a host of successor sovereign states. In the (...) most important, associated with the Westphalian settlement, the independence of Latin America, and post-1945 decolonization, the mobilization of new ideas about individual rights challenged imperial legitimacy, and when empires failed to recognize these new rights, subject peoples sought sovereign independence. Combining theoretical innovation with detailed historical case studies, this book advances a new understanding of human rights and world politics, with individual rights deeply implicated in the making of the global sovereign order. (shrink)

Modern medicine provides unprecedented opportunities in diagnostics and treatment. However, in some situations at the end of a patient’s life, many physicians refrain from using all possible measures to prolong life. We studied the incidence of different types of treatment withheld or withdrawn in 6 European countries and analyzed the main background characteristics.

International law guarantees rights to indigenous peoples regarding traditional lands, knowledge, cultural preservation, and human security. This paper will examine the sources of these rights and legal remedies for violations of law. Protection of indigenous peoples’ cultures and resources contribute to the protection of the global environment.

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

The theory and practice of liberalism has historically justified the dispossession of non-European peoples through the ideological deployment of individual rights—private property being the most prominent. Rather than discarding rights language altogether owing to its colonialist background, the theological option for the poor in the postconciliar Church of Latin America establishes a criterion of authenticity that contributes to its prophetic renewal. The methodological turn toward the poor evident in the liberation theology of Ignacio Ellacuría can wrest (...) rights from its crippling association with political, economic, and cultural forms of liberal domination as seen in the Americas. Latin American theologians provide historical and constructive resources for demythologizing the sacred right to private property in liberalism’s neocolonial present and historical past, as typified by John Locke. Specifically, the theme of integral liberation outlines the material, social, and transcendent dimensions of justice for the dispossessed as an ecclesial alternative to liberal individualism. (shrink)

A Significant percentage of the people outside their country of citizenship or residence who are unable to meet their basic needs on their own, and need international protection, do not fall under the definition set out in the UN Refugee Convention. This has led many - both academic commentators and activists - to call for a new, expanded refugee definition, preferably backed up by a new, binding, international convention. In earlier work I have resisted this call, arguing that (...) there is good reason to pick out a sub-stet of those in need of international aid - a set that largely, if not completely, corresponds to those picked out by the Refugee Convention - for special benefit and protection. However, even if Convention refugees are in some ways special, we are left with the question of what, if anything, is owed to those in need of aid who are not Convention refugees. In this chapter, I set out philosophical foundations for so-called complementary protection, and show how this may and should apply to people in need of international aid who are not Convention refugees. (shrink)

In this paper I reconstruct and defend John Rawls' The Law of Peoples, including the distinction between liberal and decent peoples. A “decent people” is defined as a people who possesses a comprehensive doctrine and uses that doctrine as the ground of political legitimacy, while liberal peoples do not possess a comprehensive doctrine. I argue that liberal and decent peoples are bound by the same normative requirements with the qualification that decent peoples accept the same (...) normative demands when they are reasonably interpreted and from their comprehensive doctrine, not from political liberalism. Normative standards for peoples appear in a law of peoples in two places: as internal constraints carried forward from political liberalism which regulate domestic affairs and as principles derived from a second original position that provide the normative ground for a society of peoples. This first source of normative standards was unfortunately obscured in Rawls' account. I use this model to defeat the claim that Rawls has accommodated decent peoples without sufficient warrant and to argue that all reasonable citizens of both liberal and decent peoples would accept the political authority of the state as legitimate. Although my reconstruction differs from Rawls on key points, such as modifying the idea of decency and rejecting a place for decent peoples within a second original position, overall I defend the theoretical completeness of political liberalism and show how a law of peoples provides reasonable principles of international justice. (shrink)

This article examines the connection between populism and post-foundationalism in the context of contemporary debates about populism as a strategy for the Left. I argue that there is something “populist” about every constitutional order, including liberal democratic ones. I argue so drawing on Chantal Mouffe’s theories of hegemony, agonistic democracy, and left populism. Populism is the quintessential form of post-foundational politics because, rightly understood, populism constructs the object it claims to represent, namely the people. As such, it expresses the fact (...) that, because there is no ultimate foundation, politics consists in the construction of contingent foundations. I develop this argument through readings of Jan-Werner Müller and Chantal Mouffe, showing the differences between their respective post-foundational approaches. I show that Müller cannot uphold the distinction between populism and democracy in the way he seeks to do, but I also argue that this does not mean that we must jettison all normativity, only that it requires that we rethink normativity in hegemonic terms. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 7, Page 992-1013, September 2022. This article examines the connection between populism and post-foundationalism in the context of contemporary debates about populism as a strategy for the Left. I argue that there is something “populist” about every constitutional order, including liberal democratic ones. I argue so drawing on Chantal Mouffe’s theories of hegemony, agonistic democracy, and left populism. Populism is the quintessential form of post-foundational politics because, rightly understood, populism constructs the object it (...) claims to represent, namely the people. As such, it expresses the fact that, because there is no ultimate foundation, politics consists in the construction of contingent foundations. I develop this argument through readings of Jan-Werner Müller and Chantal Mouffe, showing the differences between their respective post-foundational approaches. I show that Müller cannot uphold the distinction between populism and democracy in the way he seeks to do, but I also argue that this does not mean that we must jettison all normativity, only that it requires that we rethink normativity in hegemonic terms. (shrink)

Renate Holub provides a critical introduction to the philosophical foundations of human rights as developed by the Italian philosopher Giambattista Vico [1668-1744]. She demonstrate the profoundly innovative principles he contributed to and his contemporary relevance for a global theory of justice. Leading twentieth century transatlantic intellectuals, like Joseph Schumpeter, Arthur Nussbaum, Robert Cox who, though for quite different ultimate purposes, were variably working at the intersections between sociology, economic analysis, and international legal thought, squarely recognized the gravitas of (...) the unprecedented conceptual reach of the principles governing Vico’s social science. What is central to Vico’s international philosophy is an understanding of civilizational history not marked by permanent violence between individuals or groups of people. Rather, it is an understanding which outlines a broad historical tendency towards the reduction of violence in the internal and external organizations of social relations of peoples in all global regions. Vico’s political thought developed significant elements for a global theory of justice based not on legitimations of violence, as ‘just war’ theories, but for structuring, however minimally, the conditions of ‘permanent just global peace.’. (shrink)

Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples, Western 'civil' peoples, and 'developed' peoples, (...) and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law. (shrink)

Democracy has been a flawed hegemony since the fall of communism. Its flexibility, its commitment to equality of representation, and its recognition of the legitimacy of opposition politics are all positive features for political institutions. But democracy has many deficiencies: it is all too easily held hostage by powerful interests; it often fails to advance social justice; and it does not cope well with a number of features of the political landscape, such as political identities, boundary disputes, and environmental crises. (...) Although democracy is valuable it fits uneasily with other political values and is in many respects less than equal to the demands it confronts. In this volume prominent political theorists and social scientists present original discussions of such central issues. Democracy's Values deals with the nature and value of democracy, particularly the tensions between it and such goods as justice, equality, efficiency, and freedom. (shrink)