This paper argues that the EuropeanCourt of Human Rights couldserve as a model for an international court ofhuman rights to be builtupon the United Nations Committee on HumanRights. It argues that theconcerns states might have over the surrenderof a significant portion oftheir national sovereignity might be lessenedif such an internationalcourt were to incorporate the margin ofappreciation doctrine employed bythe European Court of Human Rights. Thisdoctrine is intended to respectthe customs and traditions of sovereign statesin dealing with humanrights issues, while maintaining (...) that somerights such as the right not tobe tortured will be considered as basic andwill stand independently ofthe customs and traditions of sovereignstates. (shrink)

I question the adequacy of Margaret Gilbert''s account of collectivefeelings of guilt as collective judgments which do not necessarilyhave any phenomenological components. I question whether joint commitment theory in its present form helps us to understand orresolve social conflicts.

Kant's teleological principle is a regulative, not a constitutive, principle of reason, ordering but not creating the understanding's concepts of objects. The principle is both heuristic for suggesting explanations in terms of efficient causality and a reminder of such explanations' insufficiency. But Kant states the rough content as well as the existence of an historical pattern. Reason and understanding and philosophy and science are analogously related. Since historians disagree over which, if any, principles are used in explanations, reason, represented by (...) philosophers, intrudes so on history. Further, the falsifiability of any attempted applications leaves the teleological principle itself untouched. (shrink)

In this paper I argue that in order to secure the commitment of believers in reasonable comprehensive doctrines to political liberalism a third principle of justice needs to be adopted in the Original Position. Rawls acknowledges that neutral legislation by the liberal state may negatively affect some reasonable comprehensive doctrines, and I offer a third principle of justice to help alleviate this problem. This principle, which I believe is in keeping with the United States constitutional history especially where church-state relations (...) are concerned, maintains that a constitutional regime should, insofar as possible, avoid adopting rules with harmful effects upon those comprehensive doctrines which satisfy the conditions of reasonable pluralism. (shrink)

In this essay, I first evaluate the conceptual analysis of human rights by Wilfried Hinsch and Markus Stepanians. Next I criticize Allen Buchanan’s claim that Rawls did not address basic human interests/capabilities theories of human nature. I argue Buchanan is doubly mistaken when he claims that John Rawls sought to avoid such theories because they are comprehensive doctrines. Then I evaluate David Reidy’s defense of Rawls, while questioning his efforts to show how Rawls’s list of human rights could be expanded. (...) Finally, I accept James Nickel’s argument that Rawls has tied human rights too closely to intervention on their behalf. However, I reject his, and by implication Rawls’s, refusal to accept a two-tiered approach to human rights. (shrink)

This paper explores some of the problems which arise from Immanuel Kant’s commitment to both human rights and the rights of states. Michael Doyle believed it was contradictory for Kant to defend both human rights and non-intervention by states in the affairs of other states, but I argue that for Kant there was no such contradiction, and I explore Kant’s claim that the state is “a moral personality.” I also discuss Kant’s belief that “Nature guarantees” that perpetual peace will obtain, (...) and I consider Kant as a teleologist. (shrink)

In The Law of Peoples John Rawls gives a list of eight principles for the law of peoples. I argue that the force of the principles depends in large part upon their being lexically ordered, and I attempt such an ordering. However, the lexically ordered list makes it clear that the duty of non-intervention obtains only after the duty to honor human rights is satisfied. Also, I point to certain “practical” difficulties with intervention on behalf of human rights. Rawls writes (...) that additional principles are needed, and I make two suggestions. I conclude that the problems arising from intervention and the need for additional principles show that the “second Original Position” is like the first Original Position: both involve, Rawls notwithstanding, the selection and ordering of principles of justice. (shrink)

This paper takes the form of aletter to fledgling democracies such asAlgeria, Turkey, and Iran. It explores thenature of democracy and argues that theequality of citizens requires that differentreligions be treated equally. It presents some``lessons'''' from United States constitutionalhistory which might be useful to fledglingdemocracies as they seek to achieve aseparation of church and state. Developing atheme first presented in ``A Third Principle ofJustice,'''' The Journal of Ethics 1 (1997),pp. 355–374, it argues that religious tolerationsometimes may require a heightened sensitivityto (...) the needs of some religious associations. Itconcludes, however, that religious tolerationdoes not require a toleration of intolerantreligious extremists who pose a threat todemocracy. (shrink)

_International Justice and the Third World_ vindicates belief in global or universal justice, and explores both liberal and Marxist grounds for such belief. It also investigates the presuppositions of belief in development, and relates it to sustainability, to environmentalism, and to the obligation to cancel Third World debt.

This paper supplies a critique of the view that a practice which ought not to be followed is ipso facto not sustainable, a view recently defended by Nigel Dower. It is argued that there are ethical criteria independent of the criterion of sustainability. The concept of sustainability is thus retrieved for the distinctive role and the important service in which environmental and social theorists (paradoxically including Dower) have hitherto employed it, not least when debating the nature, merits and demerits of (...) sustainable development. (shrink)

The problem. The purpose of this paper is to provide a general discussion of Aristotle's views on scientific explanation, by which I mean a discussion of Aristotle's treatment of scientific explanation, its structure and its principles, as distinct from Aristotle's own principles of explanation. By means of this distinction I hope to be excused from a discussion of Aristotle on form and matter, potentiality and actuality, and the four causes, and to avoid so far as possible the controversy among commentators (...) concerning the respective merits of Aristotlequanaturalist and Aristotlequapre-Thomist Thomist. I wish to be excused from treating these problems in order to approach directly Aristotle's formal treatment of scientific explanation as given in thePosterior Analytics, but if I were to be accused of introducing a distinction between parts of the Aristotelian corpus for which there is insufficient warrant, if I were told that I am making an illegitimate abstraction from the whole of which thePosterior Analyticsis but a part, I should plead not guilty. (shrink)

International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted. (Indeed, the UN Charter provides for an international police force, though nothing has ever come of this provision). The Charter and other UN (...) documents also assert that human rights are to be protected — but in the past the responsibility for the protection of human rights has for the most part been allowed to rest on the government of the state where the violation of rights occurs. Not surprisingly in this context, the question of what protection (if any) should be provided by the UN or otherwise to individuals when their human rights are violated by their governments or with the complicity of their governments remains a contentious issue. Should the principle of respect for state sovereignty trump the principle of respect for human rights? Historically it has been allowed to do so, but recently it has been more and more widely argued that when states fail to respect the human rights of their citizens (or of others who reside within their boundaries), they may be held accountable for their actions. Is military humanitarian intervention justifiable? And if so, under what circumstances? Those are the questions addressed in this collection of essays. The focus of the volume is on the abstract principles involved; though reference is sometimes made to specific cases, the essays here consist primarily of philosophical reflection on the abstract issues. (A companion volume on the specific issues surrounding a particular case, Lessons of Kosovo, is being published simultaneously.). (shrink)

Enriches the reader's basic understanding of Hegel's position on history, mechanism, and teleology.

I consider two essays by Joel Feinberg: his treatment of the moral obligation to obey the law, and his exploration of the evils of the Holocaust.

I consider two essays by Joel Feinberg: his treatment of the moral obligation to obey the law, and his exploration of the evils of the Holocaust.