Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of concern—in particular (...) the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of concern—in particular (...) the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

It helps ordinary citizens evaluate their options and their responsibility for global institutional factors, and it challenges social scientists to address the causes of poverty and hunger that act across borders.The present volume ...

The present article explores ‘anti-cosmopolitan’ arguments that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitan’ arguments. Section 1 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply to individuals? Such norms may (...) require strict equality, Rawls’ Difference Principle, or other constraints on inequality. Section 2 considers, and rejects, several arguments why existing international institutions are not thought to meet these conditions. (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political (...) deliberations in Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

Journal of Political Philosophy, EarlyView.

This chapter contains section titled: Introduction:the European Union and the Law of Peoples The Argument of Law of Peoples Standards and Grounds for International Stability Human Rights in Federations The Argument of Law of Peoples for Inter‐people Inequality Distributive Justice in Federations Federal and Global Implications Toleration and Stability Reconsidered Acknowledgments Notes.

Institutional suggestions for how to rethink democracy in response to changing state responsibilities and capabilities have been numerous and often mutually incompatible. This suggests that conceptual unclarity still reigns concerning how the normative ideal of democracy as collective self-determination, i.e. ?rule by the people?, might best be brought to bear in a transnational and global context. The aim in this paper is twofold. First, it analyses some consequences of the tendency to smudge the distinction between democratic theory and moral theories (...) of legitimacy and justice. Second, it develops a conceptual framework that distinguishes between necessary conditions, aspects and aims of democracy. On this basis it specifies three objectives of democracy, some of which may also hold for multilevel governance. It is argued that there are in principle at least three reasons to value democratic institutions: they are intrinsically justified to the extent that they distribute fair shares of political influence over decision-making; they are instrumentally justified to the extent that they secure several of our other best interests, one of which is our interest in non-domination; and finally, they are also instrumentally justified insofar as they secure the just distribution of other goods. The aim of this framework is not to develop a specific theory of multilevel governance but to point at important distinctions to be made and normative criteria to be specified. The intention is to take the debate forward by noting some of the issues that any satisfactory account must address. The framework lays out the grounds for analysing the institutional challenges facing legitimate multilevel governance through what is speculatively called ?multiple citizenship?, understood in explorative terms, opening the door for the manifold roles that citizens could and ought to play in multilevel governance, not only as democratic agents, but also as agents of democracy and agents of justice. (shrink)

"The growing interest in human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this have gathered to fill this gap. Divided in three parts, firstly the Kantian notion of (...) human rights is explored, with particular emphasis on how it applies to levels of government beyond the state. The second part explores the scope of human rights, including the contentious questions of whether it includes welfare rights and freedom of speech across borders. The topic of the final section is human rights institutions, with a special focus on the legitimacy of international human rights courts. Human rights have become a force to reckon with in international politics. This book, written by an international team of specialists on Kant and human rights, contributes to understanding a major political development of our times"--. (shrink)

These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and tools (...) of international mechanisms of corrective concern. The account should consider further subsidiary modes of support. On the other hand the theory is too broad, in that it gives insufficient guidance to the judges of ICs and others able to effect changes. This leaves the theory incomplete, and open to similar criticism as the book raised against others. Accounts of the theory presented in The Idea of Human Rights,and of ICs and their roles regarding human rights allow us to explore some implications of ICs for The Idea of Human Rights.We then consider how if at all The Idea of Human Rights can guide international judges. (shrink)

What kind of equality among Europeans does equal citizenship require, especially regarding education? In particular, is there good reason to insist of equality of education among Europeans—and if so, equality of what? To what extent should the same knowledge base and citizenship norms be taught across state borders and religious and other normative divides? At least three philosophical issues merit attention: (a) The requirements of multiple democratic citizenships beyond the nation state; (b) how to respect diversity while securing such equality (...) and inculcating commitments to justice and norms of citizenship, and (c) The multiple reasons for equality of various kinds among political equals living in a Union as compared to a unitary state. The article responds on the basis of several arguments in favour of certain kinds of equality. All Union citizens must enjoy a high minimum level of education, and all pupils must be informed concerning the various ways of life prevalent in Europe. Furthermore, there must be standards for securing equality of opportunity across the EU, though it is difficult to measure under multiculturalism. Citizens must also be socialised to certain ‘citizenship norms’. This shared basis to be taught in schools should avoid contested religious or philosophical premises as far as possible. Yet the school system should socialise pupils to three commitments: to the just domestic and European institutions and hence the legislation they engender, to principles that justify these institutions; and to a political theory that grounds these principles in a conception of the proper role of individuals, of member states and of the Union. I also argue that equality of result is not a plausible normative requirement among Europeans, while equality of opportunity is. The paper concludes with some comments on the lessons to be drawn for ‘Global’ citizenship. (shrink)

Machiavelli's 500-year-old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present-day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and current (...) relations among states are significantly different. The revised assumptions should make Machiavelli's followers more optimistic about international law and international courts. (shrink)

The Article addresses some of the disagreement concerning the legitimacy of the international human rights judiciary. It lays out some aspects of a theory of legitimacy for the international human rights judiciary that seem relevant to addressing two challenges: First, it is difficult to justify the human rights judiciary by appeal to standard accounts of why states agree to subject themselves to treaties. What is the problem the international human rights judiciary is meant to help solve? Second, the human rights (...) judiciary seems undemocratic and even antidemocratic when it overrules domestic, accountable legislatures. Such international judicial review is therefore sometimes thought to be normatively illegitimate, at least regarding democracies. (shrink)

How should the global set of social institutions distribute income and wealth among members of different states? I present a Theory of Global Justice which supports the Bounded Significance of State Borders: The states system must satisfy the Determinate Human Needs of all, and the distribution within each state must satisfy Rawls' Difference Principle. However, justice does not require a Global Difference Principle: income and wealth need not be distributed so as to maximize the income and wealth of the globally (...) worst off. ;The Theory of Global Justice illuminates the status of claims to equality within contractualism. There is no general presumption for equality of condition, and only contingent grounds for equality of certain goods. ;The claim to satisfaction of needs and the claim to equal income and wealth stem from two different sources: The Principle of Human Rights and The Principle of Equal Procedural Controls. The Principle of Equal Procedural Controls applies among citizens within state borders, but not among individuals in different states. ;Chapter 1 presents the central concepts of the Theory of Global Justice: states systems, contractualism and impact arguments. ;The Theory of Global Justice recognizes two kinds of interests as grounding claims on social institutions: Determinate Human Needs, and various controls over factors which affect our lives. Chapter 2 explains the notion of Determinate Human Needs. ;Chapter 3 argues for The Principle of Human Rights. The set of international institutions must seek to secure the satisfaction of the Determinate Human Needs of all. ;Chapter 4 presents the Principle of Equal Procedural Controls. Participants in important procedures can sometimes reasonably claim an equal share of procedural controls. ;The Principle of Equal Procedural Controls applies differently among compatriots and among foreigners. Chapter 5 claims that this principle requires equality of Social Primary Goods and the Difference Principle among citizens. ;Chapter 6 denies that the Principle of Equal Procedural Controls applies among individuals in different states in such a way as to support a Global Difference Principle. State borders thus legitimately affect individuals' grounds for claiming equal shares of procedural controls. (shrink)

A student's future as a knowledge worker (one who "thinks for a living" with the task of problem solving) is the starting point of this book. With this in mind, the book combines a review of philosophical positions and problems with practical examples and perspectives gained from everyday challenges faced by knowledge workers in their businesses and organizations. Through the use of summative chapters, highlighted key concepts, questions for reflection, and illustrative examples on how to work with the theories presented, (...) the book provides a clear and accessible introduction to this challenging subject. Philosophy of Science primarily addresses students studying language, communication, marketing, economics, and management. However, the survey of the theoretical schools of thought - as well as the discussions on research ethics and the role of research in society - will be equally relevant for other students in the humanities and the natural and social sciences. (shrink)

Anche se siamo comunemente abituati a pensare alla scienza come a un qualcosa di assolutamente atemporale e indipendente da tutto, in realtà essa è profondamente influenzata dalla cultura e dalla società del tempo in cui vive. Infatti né la scienza è isolabile dalla società, né la società è isolabile dalla scienza, tanto meno come si sta configurando oggi. Per approfondire questi aspetti, esistono però due visioni antagoniste che bisogna superare: secondo la visione scolastica, retaggio del positivismo ottocentesco ancora molto diffuso (...) fra scienziati e pubblico di non esperti, la scienza è conoscenza senza soggetto conoscente. All'opposto, la visione cinica della scienza, sull'onda di talune elaborazioni della sociologia della scienza, la riduce a nient'altro che a una costruzione di soggetti che partecipano al gioco scientifico, una cultura come altre e da "mediare", e comunque una conoscenza relativa, se non frutto di una costruzione puramente soggettiva, arbitraria, ideologica. Un'analisi della costituzione sociale della scienza può, invece, mirare a un'indagine scientifica sulla scienza proprio configurando una relatività della conoscenza che supera sia l'assolutismo idealistico sia il relativismo soggettivistico. (shrink)

Émile Durkheim remains one of the most controversial, and deeply misunderstood, classics of social theory. His work differs from the dominant version of sociology that has essentially accepted the modernist self-description of contemporary societies; and it contradicts the individualism that has come to dominate the social sciences. For everybody who is interested in constructing theoretical alternatives to this individualism, Durkheim's sociology can be a useful inspiration - not only because of the solutions it suggests, but already because of the questions (...) it asks. Making use of the theoretical possibilities offered by the Durkheimian tradition, however, requires going beyond the familiar appropriations. The Oxford Handbook of Émile Durkheim takes stock of the different recent debates on Durkheimian sociology, and makes them accessible to a wide audience spanning various disciplines; this includes crucial debates that, due to language barriers, are not easily accessible for an English-reading public. The handbook's chapters elucidate the controversial key concepts of Durkheimian sociology; situate them within the contemporary political and theoretical debates they were originally responding to; offer surveys of empirical research that uses Durkheimian concepts (on topics that were already central for Durkheim's own work as well as on topics that Durkheim hardly touched upon), thus demonstrating the possibilities of a Durkheimian sociology; bring out the divergent, and competing, ways in which Durkheim's ideas have been appropriated and reformulated within more recent theoretical developments in the social sciences. In doing so, this volume is an important resource for all scholars and students looking to understand Durkheimian sociology. (shrink)

Abstract:We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social (...) responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

Simondon adopts some concepts of social psychology as ‘in group’ and ‘out group’, namely from Kurt Lewin and Gordon Allport, that allow him to describe the fundamental processes shaping the domain of collective individuation, and to challenge Bergson’s distinction between a ‘closed’ community and an ‘open’ society. Reconstructing Simondon’s sources is necessary to understand how he tries to provide an analysis of the social system without presupposing a given anthropology, but rather exploring different perspectives on the human/nature threshold through the (...) concept of transindividual. In his study of the social system Simondon progressively gives conceptual shape to the processes he calls transindividual thanks to the ontogenetic analysis of the phenomena of belief, work and language. In all these domains, a ‘basic community’ emerges just over the threshold of the biological group, where the structural ambivalence of all collective processes as simultaneously closed and open becomes clear. That is why Simondon does not present the concept of the transindividual as a solution to the epistemological problem of psychic and collective individuation, but rather as the ‘field’ in which a whole series of social, biological and technical dimensions can be made converge towards a science of anthropogenic processes. (shrink)

Memory of historical trauma has a unique power to generate works of art. This book analyzes the relation of public memory to history, forgetting, and selective memory in Berlin, Buenos Aires, and New York—three late-twentieth-century cities that have confronted major social or political traumas. Berlin experienced the fall of the Berlin Wall and the city’s reemergence as the German capital; Buenos Aires lived through the dictatorships of the 1970s and 1980s and their legacy of state terror and disappearances; and New (...) York City faces a set of public memory issues concerning the symbolic value of Times Square as threatened public space and the daunting task of commemorating and rebuilding after the attack on the World Trade Center. Focusing on the issue of monumentalization in divergent artistic and media practices, the book demonstrates that the transformation of spatial and temporal experience by memory politics is a major cultural effect of globalization. (shrink)

The central contention of this article is that the classificatory scheme of contemporary affective science, with its traditional categories of emotion, anger, fear, and so on, is no longer suitable to the needs of affective science. Unlike psychological constructionists, who have urged the transition from a discrete to a dimensional approach in the study of affective phenomena, I argue that we can stick to a discrete approach as long as we accept that traditional emotion categories will have to be transformed (...) in order to do any scientific work. I conclude by articulating some general rules for turning traditional emotion categories into suitable scientific tools. (shrink)

The aim of this paper is to defend the structural concept of representation, as defined by homomorphisms, against its main objections, namely: logical objections, the objection from misrepresentation, theobjection from failing necessity, and the copy theory objection. The logical objections can be met by reserving the relation ‘to be homomorphic to’ for the explication of potential representation (or, of the representational content). Actual reference objects (‘targets’) of representations are determined by (intentional or causal) representational mechanisms. Appealing to the independence of (...) the dimensions of ‘content’ and ‘target’ also helps to see how the structural concept can cope with misrepresentation. Finally, I argue that homomorphic representations are not necessarily ‘copies’ of their representanda, and thus can convey scientific insight. (shrink)

The paper defends the structural concept of representation, defined by homomorphisms, against the main objections that have been raised against it: Logical objections, the objection from misrepresentation, the objection from failing necessity, and the copy theory objection. Homomorphic representations are not necessarily ‘copies’ of their representanda, and thus can convey scientific insight.

Edmund Husserl is regarded as the founder of transcendental phenomenology, one of the major traditions to emerge in twentieth-century philosophy. In this book Andrea Staiti unearths and examines the deep theoretical links between Husserl's phenomenology and the philosophical debates of his time, showing how his thought developed in response to the conflicting demands of Neo-Kantianism and life-philosophy. Drawing on the work of thinkers including Heinrich Rickert, Wilhelm Dilthey and Georg Simmel, as well as Husserl's writings on the natural and human (...) sciences that are not available in English translation, Staiti illuminates a crucial chapter in the history of twentieth-century philosophy and enriches our understanding of Husserl's thought. His book will interest scholars and students of Husserl, phenomenology, and twentieth-century philosophy more generally. (shrink)

Responsibility as accountability is normally taken to have stricter control conditions than responsibility as attributability. A common way to argue for this claim is to point to differences in the harmfulness of blame involved in these different kinds of responsibility. This paper argues that this explanation does not work once we shift our focus from other-directed blame to self-blame. To blame oneself in the accountability sense is to feel guilt and feeling guilty is to suffer. To blame oneself in the (...) attributability sense, it will be argued, is to feel shame and feeling shame is also to suffer. The different control conditions cannot be explained by a difference in the harm of blame. Instead, this paper argues that accountability and attributability are governed by different kinds of appropriateness: an agent S is accountability blameworthy for X only if S deserves to feel guilty; an agent S is attributability blameworthy for X only if it is fitting that S feels shame for X. (shrink)

The paper defends the structural concept of representation, defined by homomorphisms, against the main objections that have been raised against it: Logical objections, the objection from misrepresentation, the objection from failing necessity, and the copy theory objection. Homomorphic representations are not necessarily ‘copies’ of their representanda, and thus can convey scientific insight.