The debate on the nature of the European Union has become a test case of the kind of political and institutional arrangements appropriate in an age of globalization. This paper explores three views of the EU. The two main positions that have hitherto confronted each other appeal to either cosmopolitan or communitarian values. Advocates of the former argue for some form of federal structure in Europe and are convinced that the sovereignty of the nation state belongs to the past. Proponents (...) of the latter make a case on both socio-political and normative grounds for a Europe of nations. However a third position, favoured by the authors, is gaining ground. This view combines cosmopolitan and communitarian conceptions. It emphasises the mixed nature of the European polity and conceives the constitutionalization process as open-ended. The paper concludes that from this perspective a bricoleur's Europe of ‘bits and pieces’may not necessarily lack justification and legitimacy. (shrink)

This article is based on research funded by the E.S.R.C. under its Postdoctoral Research Fellowship Scheme. Its contents are the responsibility of the author and do not necessarily reflect the views of the E.S.R.C. An earlier version was read to the seventh conference of the Hegel Society of Great Britain on the Philosophy of Right. The author is grateful to the participants for their helpful comments on that occasion.

This book provides an in-depth introduction to, and analysis of, the issues relating to the implementation of the recent Responsibility to Protect principle in international relations The Responsibility to Protect has come a long way in a short space of time. It was endorsed by the General Assembly of the UN in 2005, and unanimously reaffirmed by the Security Council in 2006 and 2009. UN Secretary-General Ban Ki-moon has identified the challenge of implementing RtoP as one of the cornerstones of (...) his Secretary-Generalship. The principle has also become part of the working language of international engagement with humanitarian crises and has been debated in relation to almost every recent international crisis âe" including Sudan, Sri Lanka, Myanmar, Georgia, the Democratic Republic of Congo, Darfur and Somalia. Concentrating mainly on implementation challenges including the prevention of genocide and mass atrocities, strengthening the UNâes capacity to respond, and the role of regional organizations, this book introducing readers to contemporary debates on R2P and provides the first book-length analysis of the implementation agenda. The book will be of great interest to students of the responsibility to protect, humanitarian intervention, human rights, foreign policy, security studies and IR and politics in general. (shrink)

This chapter examines the role of law and rights for democracy in the context of republicanism. It considers the neo-republican defense of judicial review and its attempt to secure individual rights, along with the ‘adjudication’ of political and social conflicts in courts, civic equality and the political struggle among citizens as an essential component of republican democracy. It highlights the link between the very nature of a rights claim and a democratic process that ensures political equality and relates this democratic (...) argument for rights to the republican notion of liberty as nondomination. The chapter also discusses liberalism, rights and freedom as non-interference and concludes by arguing that the association of rights and democracy must be actualised within a real democratic process characterised by one person one vote, majority rule and regular elections between rival political parties. (shrink)

Ce livre voudrait offrir un itinéraire en philosophie, a priori éloigné de l'actualité donc; mais il part malgré tout de nos inquiétudes d'aujourd'hui. Alors que la violence semble s'imposer de nouveau, dans les confrontations géopolitiques, mais aussi dans notre société et même dans les mots de la vie publique, faut-il nous y résigner? Est-ce se bercer d'illusion que de croire qu'un bien peut advenir? La politique et la vie éthique peuvent-ils se fixer pour cap une vie meilleure, une vie heureuse?"--Page (...) 4 of cover. (shrink)

The book is aimed at students and scholars of law, politics and philosophy. Of unprecedented breadth, it offers both a survey of, and an original contribution to, the field by some the world's leading scholars of constitutional theory.

During the 1990s, international society increasingly recognised that states who abuse their citizens in the most egregious ways ought to lose their sovereign inviolability and be subject to humanitarian intervention. The emergence of this norm has given renewed significance to the debate concerning what it is about humanitarian intervention that makes it legitimate. The most popular view is that it is humanitarian motivations that legitimise intervention. Others insist that humanitarian outcomes are more important that an actor's motivations, pointing for instance (...) to the ousting of the Khmer Rouge by Vietnam. Given the centrality of this debate, this article reinvestigates the ?motives versus outcomes? debate and suggests an alternative reading based on the classic Just War tradition. It argues that an actor's intentions are vital to assessing the legitimacy of an intervention. (shrink)

Recent years have seen a revival of interest in Michael Walzer's doctrine of ‘supreme emergency’. Simply put, the doctrine holds that, when a state confronts an opponent who threatens annihilation, it can be morally legitimate to violate one of the cardinal rules of the war convention – the principle of non-combatant immunity. Walzer cites the case of Britain's decision to bomb German cities in 1940 as a case in point. Although the theory of supreme emergency has been scrutinised, the historical (...) case that Walzer refers to has not been looked at in depth. This article seeks to remedy this problem by asking whether the principle actors involved in the decision to bomb German cities understood themselves to be in a supreme emergency. It argues that the British leadership never openly admitted that they were in fact targeting German civilians, and that the principle reason for this was a widespread belief that the British and American publics would not support such a campaign. As a result, throughout the war, the British government publicly maintained the fiction that the devastation of German cities was a collateral product of attacks on its industrial infrastructure. This, in turn, suggests that liberal societies – even those facing imminent destruction – do not tend to support a relaxing of the rules of non-combatant immunity, suggesting that the prohibition on deliberately killing non-combatants may be more embedded than has hitherto been thought. (shrink)

This article explores the different moral and legal arguments used by protagonists in the debate about whether or not to conduct a humanitarian intervention in Darfur. The first section briefly outlines four moral and legal positions on whether there is (and should be) a right and/or duty of humanitarian intervention: communitarianism, restrictionist and counter-restrictionist legal positivism and liberal cosmopolitanism. The second section then provides an overview of the Security Council's debate about responding to Darfur's crisis, showing how its policy was (...) influenced by both normative concerns and hard-nosed political calculations. The article concludes by asking what Darfur's case reveals about the legitimacy and likelihood of humanitarian intervention in such catastrophes and the role of the UN Security Council as the primary authorising body for the use of international force. The authors argue that this case demonstrates that for the cosmopolitan/counter-restrictionist case to prevail pivotal states need to put humanitarian emergencies on the global agenda and express a willingness to act without Council authorisation, though the question of how to proceed in cases where the Council is deadlocked remains vexed. (shrink)

(2001). The rule of law and the rule of persons. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 221-251.

States' Responsibility to Protect vulnerable populations has become a prominent feature in international debates about preventing genocide and mass atrocities and about protecting potential victims. But profound disagreements persist about RtoP's function, meaning, and proper use.

"Williams's masterful translation satisfies (at last!) a long-standing need. There are lots of good translations of Augustine's great work, but until now we have been forced to choose between those that strive to replicate in English something of the majesty and beauty of Augustine's Latin style and those that opt instead to convey the careful precision of his philosophical terminology and argumentation. Finally, Williams has succeeded in capturing both sides of Augustine's mind in a richly evocative, impeccably reliable, elegantly readable (...) presentation of one of the most impressive achievements in Western thought--Augustine's Confessions." --Scott MacDonald, Professor of Philosophy and Norma K. Regan Professor in Christian Studies, Cornell University. (shrink)

This article examines how consensus was reached on the "responsibility to protect," given continuing hostility to humanitarian intervention expressed by many of the world's states and whether the consensus will contribute to avoiding future Kosovos and Rwandas.

The essays collected in this volume explore the ethical issues raised by the process and substance of policy-making, and discuss whether it is reasonable to expect ethical standards in public affairs.

The Moral Nexus develops and defends a new interpretation of morality—namely, as a set of requirements that connect agents normatively to other persons in a nexus of moral relations. According to this relational interpretation, moral demands are directed to other individuals, who have claims that the agent comply with these demands. Interpersonal morality, so conceived, is the domain of what we owe to each other, insofar as we are each persons with equal moral standing. The book offers an interpretative argument (...) for the relational approach. Specifically, it highlights neglected advantages of this way of understanding the moral domain; explores important theoretical and practical presuppositions of relational moral duties; and considers the normative implications of understanding morality in relational terms. The book features a novel defense of the relational approach to morality, which emphasizes the special significance that moral requirements have, both for agents who are deliberating about what to do and for those who stand to be affected by their actions. The book argues that relational moral requirements can be understood to link us to all individuals whose interests render them vulnerable to our agency, regardless of whether they stand in any prior relationship to us. It also offers fresh accounts of some of the moral phenomena that have seemed to resist treatment in relational terms, showing that the relational interpretation is a viable framework for understanding our specific moral obligations to other people. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.1 (2000) 25-48 [Access article in PDF] Postcolonialism's Archive Fever Sandhya Shetty and Elizabeth Jane Bellamy Jacques Derrida. Archive Fever. Trans. Eric Prenowitz. Chicago: U of Chicago P, 1996. ________. Of Grammatology. Trans. Gayatri Chakravorty Spivak. Baltimore: John Hopkins UP, 1976. Gayatri Chakravorty Spivak. "Can the Subaltern Speak?" Marxism and the Interpretation of Culture. Ed. Cary Nelson and Lawrence Grossberg. Urbana: U of Illinois P, 1988. 271-313. (...) 1. Reading the Subaltern Archivally--or, Back to Antiquity Many readers of "Can the Subaltern Speak?" have been disturbed by Spivak's controversial answer to her own question, which is that "no scene of speaking" can arise for the subaltern woman; no discursive space can emerge from which she could formulate an "utterance." 1 One way of rephrasing Gayatri Spivak's highly resonant question might be, Can there be such a thing as a "postcolonial archive"? The purpose of our essay is to demonstrate just how crucial the concept of an "archive"--perhaps even a "postcolonial archive"--is for a more sympathetic understanding of Spivak's now notorious "silencing" of the subaltern woman. The underread and scarcely commented-on third and fourth sections of Spivak's essay raise the question, Can we approach the gendered subaltern more productively if our project is to recover not "lost voices" but rather lost texts? In the process of unpacking the textual complexities underlying Britain's 1829 abolition of sati (the widow's self-immolation on her husband's funeral pyre), Spivak pushes us further back in time when she observes intriguingly that "the archival... work involved here is indeed a task of 'measuring silences'" [286, our emphasis]. 2 We contend that her [End Page 25] choice of the term "archival" is highly motivated and can serve as the long-overdue occasion for a return to the largely unread sections of "Can the Subaltern Speak?"We can think of at least two risks involved in our undertaking. For one thing, revisitations to well-known essays can often seem more regressive than innovative. We are well aware that we may have to overcome a certain indifference on the part of readers who, feeling confident that they know it well, judge that "Can the Subaltern Speak?" (now over ten years old) has had its theoretical "moment" and should now give way to more current efforts to locate nonelite, subaltern subjectivity within a politics of resistance. A second concern is that because our project of reading the subaltern woman "archivally" must necessarily reexamine and justify Spivak's career-long engagement with Derrida and with deconstruction, we must be aware of the extent to which her deconstructive feminism has been prematurely and unfairly associated with the supposed political shortcomings of Derridean deconstruction, the regrettable result being an almost reflex aversion to her deconstructive theory within both feminism and postcolonialism. Despite these risks, however, we hope that our use of the archive as the governing principle for our return to Spivak's essay can pave the way for a more sympathetic reading of Spivak's "silent" subaltern. Our essay will argue that "Can the Subaltern Speak?" deserves a foundational or canonical status within postcolonial theory and should experience a "staying power" on the current critical scene as far-reaching and significant as Edward Said's Orientalism.Spivak's essay at one point refers quite literally to the concept of an archive, that is, the colonial "archive" of the East India Company, consisting of the "correspondence among the police stations, the lower and higher courts, the courts of directors, the prince regent's court," and so on [298]--all the documents instrumental in British law's recodification of sati from "ritual" to "crime" (also, we might add, the archive of subaltern historiography). 3 However, as Foucault's concept of the archive reminds us, the [End Page 26] archive is not just "that whole mass of texts that belong to a single discursive [in this case, legal] formation," but can also be conceptualized more abstractly as the "law of what can be said, the system that governs the appearance of statements as unique events... (shrink)

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers (...) treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny. (shrink)

In Liberalism and Pluralism, Richard Bellamy explores the challenges posed by conflicting values, interests and identities to liberal democracy. Conventional liberal thought is no longer suited to the complex, plural societies of today. By analyzing the three major strands of liberal thought as represented by Hayek, Rawls and Walzer, the author reveals how standard liberalism has tried to circumvent unstable settlements. This book establishes a more satisfactory alternative: namely, negotiated compromise.

The resurrection of the classical Marxian ecological critique in the context of the current planetary emergency has led to the return of the concept of the dialectics of nature, associated with the work of Frederick Engels in particular. In the century following the deaths of Charles Darwin and Karl Marx, the dialectics-of-nature conception played a formative role in the development of the modern ecological critique within science, notably in Britain, and helped inspire the contemporary environmentalist movement. Nevertheless, all of this (...) occurred outside the dominant streams of Marxian thought and practice, where a great chasm had arisen in this area. Whereas official Marxism in the Soviet Union reduced the dialectics of nature to a fixed dogma, Western Marxism rejected it altogether. In the current Anthropocene Epoch in the geological time scale – and in what is referred to here as the Capitalinian Age of the Anthropocene – a new historical-materialist synthesis constructed on classical foundations, reintegrating the dialectics of nature, so as to address the immense ecological challenges confronting humanity, is seen as objectively (and subjectively) necessary. (shrink)

The relationship between Marxism and ecology has been sullied by Martinez-Alier's influential interpretation of Engels's reaction to the agricultural energetics of Sergei Podolinsky. This introduction to the first English translation of Podolinsky's 1883 Die Neue Zeit piece evaluates Martinez-Alier's interpretation in light of the four distinct but closely related articles Podolinsky published over the years 1880–3. This evaluation also emphasises the important but previously underrated role of energy analysis in Marx's Capital. Engels's criticisms of Podolinsky are found to be quite (...) justified from both political-economy and ecological perspectives. From the standpoint of Marx and Engels's metabolic and class-relational approach to production, Podolinsky's attempt to reduce use-value to energy is fraught with problems. Podolinsky's energy reductionism does not even come close to representing an alternative value analysis – let alone a groundbreaking perspective on ecological history – as was suggested by Martinez-Alier. Far from Marx and Engels's vision of communism as an ecologically sustainable and coevolutionary human development, Podolinsky's conception of human labor as an energy accumulation machine seems to uncritically mimic the standpoint of the capitalist interested in using nature only to extract as much energy throughput as possible from the labour-power of the worker. (shrink)

Can liberal ideals clean up dirty politicians or politics? This article doubts they can. It disputes that a ‘clean’ liberal person might inhabit the dirty clothes of the real politician, or that a clean depoliticized liberal constitution can constrain real-world dirty politics. Nevertheless, the need for a democratic prince to wear clean liberal gloves offers a necessary and effective political restraint. It also means that citizens share the hypocrisy and dirt of those who serve them — for we legitimize the (...) dirtiness of politics by requiring politicians to seem cleaner than we know they ever can be in reality. (shrink)

This book provides a collection of sources, many of them fragmentary and previously scattered and hard to access, for the development of Peripatetic philosophy in the later Hellenistic period and the early Roman Empire. It also supplies the background against which the first commentator on Aristotle from whom extensive material survives, Alexander of Aphrodisias (fl. c. AD 200), developed his interpretations which continue to be influential even today. Many of the passages are here translated into English for the first time, (...) including the whole of the summary of Peripatetic ethics attributed to 'Arius Didymus'. (shrink)

In what circumstances is it legitimate to use force? How should force be used? These are two of the most crucial questions confronting world politics today. The Just War tradition provides a set of criteria which political leaders and soldiers use to defend and rationalize war. This book explores the evolution of thinking about just wars and examines its role in shaping contemporary judgements about the use of force, from grand strategic issues of whether states have a right to pre-emptive (...) self-defence, to the minutiae of targeting. Bellamy maps the evolution of the Just War tradition, demonstrating how it arose from a myriad of sub-traditions, including scholasticism, the holy war tradition, chivalry, natural law, positive law, Erasmus and Kant's reformism, and realism from Machiavelli to Morgenthau. He then applies this tradition to a range of contemporary normative dilemmas related to terrorism, pre-emption, aerial bombardment and humanitarian intervention. (shrink)

This article defends state sovereignty as necessary for a form of popular sovereignty capable of realising the republican value of non-domination and argues it remains achievable and normatively warranted in an interconnected world. Many scholars, including certain republicans, contend that the external sovereignty of states can no longer be maintained or justified in such circumstances. Consequently, we must abandon the sovereignty of states and reconceive popular sovereignty on a different basis. Some argue sovereignty must be displaced upwards to a more (...) global state, while others advocate it be vertically and horizontally dispersed to units below, across and above the state. Each group offers a related vision of the European Union to illustrate their proposals. Both these arguments are criticised as more likely to produce than reduce domination because neither can sustain a form of popular sovereignty capable of instantiating relations of non-domination. This article proposes the alternative of a republican association of sovereign states that allows sovereign states and their peoples to mutually regulate their external sovereignty in non-dominating ways. This alternative proposal provides a more plausible and defensible means for sustaining the requisite kind of popular sovereignty in contemporary conditions and a more appropriate vision of the European Union. (shrink)

We should approach this topic with great fear and respect. It is not a merely “academic” issue. Human rights are trampled upon in the East as in the West, in the North as in the South of our planet. Granting the part of human greed and sheer evil in this universal transgression, could it not also be that Human Rights are not observed because in their present form they do not represent a universal symbol powerful enough to elicit understanding and (...) agreement? (shrink)

Chemical structures are among the trademarks of our profession, as surely chemical as flasks, beakers and distillation columns. When someone sees one of us busily scribbling formulas or structures, he or she has no trouble identifying a chemist. Yet these familiar objects, which accompany our work from start to end, from the initial doodlings (Fig. I) to the final polished artwork in a publication (Fig. II), are deceptively simple. They raise interesting and difficult questions about representation. It is the intent (...) of this article to reflect upon molecular graphics. (shrink)