International law and political philosophy: Uncovering new linkages

Philosophy Compass 14 (2):e12564 (2019)
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Abstract

Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices ofstates, has a direct effect on state behavior, and, as a meth-odological matter, can contribute to good theorizing onmatters of international ethics. Recently, philosophical workhas demonstrated a greater engagement with the moral aspects of international law. One strand of scholarship has treated the rules of international law as a proper subject for philosophical inquiry. Another has used international legal rules to support moral arguments about aspects of the international order. Future dialogue and cooperation would benefit both fields, in particular on the challenges to global cooperation from nationalism and on strategies for allocating responsibilities among global actors for rectifying global harms.

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Steven Ratner
University of Michigan, Ann Arbor

Citations of this work

Survey Article: The Legitimacy of International Courts.Andreas Follesdal - 2020 - Journal of Political Philosophy 28 (4):476-499.

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Immigration: The Case for Limits.David Miller - 2005 - In Andrew I. Cohen & Christopher Heath Wellman (eds.), Contemporary Debates in Applied Ethics. Wiley-Blackwell. pp. 193-206.
Aliens and Citizens.Joseph H. Carens - 1987 - Review of Politics 49 (2):251-273.

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