This work provides an innovative contribution to the legal-philosophical understanding of human rights theory.

With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The specific transitional instruments of war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions are considered. The book brings together some of the most original writings from established experts as well as from promising young scholars (...) in the field. (shrink)

Th e contemporary right to freedom of thought together with all its further declinations into freedom of speech, religion, conscience and expression, had one of its earliest historical recognitions at the end of the Wars of Religion with the Edict of Nantes (1598). In several respects one can saythat the right to freedom of thought is virtually “co-original” with the endof the Wars of Religion. Following this thought further, one might think that human rights defi ne the boundaries of our (...) social coexistence and are inextricably connected to the “fact” of cultural pluralism. (shrink)

Some Contemporary Views Claudio Corradetti ... A more complete history of the relation between modern humanitarianism and human rights remains to be written, and would have to identify the points at which each arose, when they ...

The Frankfurt School and Critical Theory The Frankfurt School, known more appropriately as Critical Theory, is a philosophical and sociological movement spread across many universities around the world. It was originally located at the Institute for Social Research, an attached institute at the Goethe University in Frankfurt, Germany. The Institute was founded … Continue reading Frankfurt School and Critical Theory →.

In the present essay, I argue that the current EU governance reflects a contradiction between the presumption of a European constitutional framework based on human rights, democracy and the rule of law and the recently adopted economic stability governance defined outside the horizon of the EU treaties. I propose to understand this scenario through the prism of two distinct and context-specific assumptions: a political-sociological hypothesis for which internal contradictions of capitalism are thought to be capable of ‘self-displacing’ to other societal (...) sectors and a political-philosophical thesis for which EU governance is connected to a decrease in democratic legitimacy and right-standards due to hegemonic control by economic powers. Both hypotheses testify to the lowering of the standards of protection of fundamental rights and member states’ regulatory capacities as well as to an overall de-constitutionalization of the EU architecture. (shrink)

Presentazione del curatore italiano (C.Corradetti): È possibile conciliare il pluralismo culturale con la dimensione pubblica della deliberazione? Partendo dall’analisi critica di Rawls e Habermas, James Bohman offre una risposta innovativa alla questione dell’accordo democratico. In tale proposta, parallelamente al rigetto di soluzioni meramente strategiche, viene riabilitata la nozione di compromesso morale nel quadro di un accordo normativo. Mantenendo fede ad una prospettiva composta da elementi normativi e fattuali, l’autore si propone di ampliare le opportunità democratiche nella riconciliazione tra conflitti culturali (...) profondi propri delle società contemporanee. L’elemento civico partecipativo risulta essere dunque una componente essenziale per la produzione di una sfera pubblica vibrante. Ne emerge una ricostruzione convincente volta non solo a respingere le critiche degli scettici sulle reali possibilità d’inclusività democratica, ma diretta soprattutto a suggerire un più efficace modello deliberativo per la garanzia della stabilità sociale. Questo testo è diventato ormai un riferimento internazionale classico nella discussione sul tema della deliberazione pubblica. L’autore ha inoltre sviluppato in ambito post-nazionale il suo modello deliberativo senza tuttavia ridiscutere i fondamenti concettuali della sua proposta teorica qui enunciati.Vista la rilevanza del tema e considerata la centralità del testo proposto, sembrerebbe dunque auspicabile rendere il testo disponibile anche al lettore italiano. (shrink)

In the following reflection Claudio Corradetti and Allen Wood engage in a controversy concerning the possibilities and the limits of textual interpretation. Should an interpreter still be authorized to call an author’s interpretation the logical stretch of text beyond its black printed letters? The authors offer two different standpoints on what can still be defined as textual interpretation. Whereas for Allen Wood a clear-cut separation must be kept between what a text shows and what an interpreter argues starting from the (...) text, for Claudio Corradetti such distinction remains internal to textual exegesis in so far as the interpreter’s conclusions follow a logical pattern of jus tification starting from evidential hints. (shrink)

This contribution has two main goals which might be labelled for convenience as a pars construens and pars denstruens reversing the usual order of these terms. The first aim is to offer an overview of the main tenets of the book, while the second aim is to raise some critical concerns while remaining sympathetic to the author’s overall project. With regard to the first point, I present the context of intellectual debate where Buchanan’s contribution fits comfortably: Darwin’s evolutionary theory, anthropology, (...) psychology, moral analysis etc. The target here is to show the internal complexity and different layers of analysis of the book. These initial reconstructions are, next, used to formulate some thoughts on what I consider possible problematic points in need of clarification. In particular, first, I hold that Buchanan presents too narrow oppositional views between intergroup relations whereupon the notion of “tribalism” is constructed. Such strong identitarian conception does not seem to depict adequately the sociological dynamics of intergroup relations. Second, I consider the terms in which it can be addressed the notion of the rise of the moral mind in evolutionary terms. The suggestion is to consider in a milder form the author’s key concept of a “Great Uncoupling” for the moral reason. (shrink)

In this article I present some implications for a concept of transitional justice through the comparison of two approaches: retributive vs. restorative theories. Notwithstanding their profound differences in perspective, both models are grounded upon a strong notion of the public sphere. Accordingly, after showing why neither of the two approaches exhausts the problems of transitional justice, I will demonstrate how a ‘complete’ justification requires a certain view of public reason based upon rights as truth-constraints of the public sphere.

The entry into force of the Rome Statute on 1 July 2002 establishing the International Criminal Court has signified a shift in the goals pursued by international criminal law. Due to new types of warfare dynamics, international protection is in need of new orientations, particularly with regard to conflict deterrence aims. This urgency is widely documented by the normative action framework of the Responsibility to Protect and, more recently, by the UN Secretary-General 2012–2013 Reports for the RtoP’s implementation. The scope (...) of this study is twofold. On the one hand, it aims to explore theoretical overlapping between the jus post bellum and the RtoP with regard to deterrence effects of the ICC; on the other hand, it proposes to illustrate such dynamics by reference to Kenya’s post-electoral violence during the period 2007–2013. Kenya represents an instance of a post-conflict society whereby transitional justice actions have taken place under a de facto adoption of a RtoP framework. As a result, I defend a qualified correlation between ICC’s retribution and deterrence effects. I claim that the hypothesis of the ICC’s deterring effects accounts in Kenya is constructed upon a general condition of direct compliance by self-interested rational actors as well as on unintended effects of ethnic stabilization. I further consider that this possibility is reinforced by systemic interdependencies with other national and international initiatives such as the Kenyan National Dialogue and Reconciliation mediation initiative, the Grand Coalition Government, the Panel of African Eminent Personalities led by Kofi Annan, and the findings of the Commission of Enquiry of Post-Election Violence. (shrink)

In the following essay, I attempt to reactualize some of Kant’s most fundamental conceptions of a state’s sovereignty and the legitimacy of the cosmopolitan order. To this end, I provide what appears as a viable solution to Kant’s “sovereignty dilemma”; that is, the reconciliation between state sovereignty and the international enforceability of laws. I consider that a key component of the overall Kantian cosmopolitan project is the role played by the transcendental notion of an “originally united will” in its validation (...) of constituencies. I emphasize the view that for Kant state-citizens are also, as he says, “citizens of the world” or “citizens of the earth”. I argue, furthermore, that a state’s sovereignty must comply with a number of different constitutional wholes. I then proceed by confronting the Kantian notion of a general united will with the Habermasian conception of “double sovereignty.” I conclude by suggesting a fusion/synthesis between the two views, one which would require endorsing the idea of cosmopolitan constitutionalism as a meta-framework for interpreting the legitimacy of member states’ compliance with policy indications of transnational constituencies. (shrink)

This contribution has two main goals which might be labelled for convenience as a pars construens and pars denstruens reversing the usual order of these terms. The first aim is to offer an overview of the main tenets of the book, while the second aim is to raise some critical concerns while remaining sympathetic to the author’s overall project. With regard to the first point, I present the context of intellectual debate where Buchanan’s contribution fits comfortably: Darwin’s evolutionary theory, anthropology, (...) psychology, moral analysis etc. The target here is to show the internal complexity and different layers of analysis of the book. These initial reconstructions are, next, used to formulate some thoughts on what I consider possible problematic points in need of clarification. In particular, first, I hold that Buchanan presents too narrow oppositional views between intergroup relations whereupon the notion of “tribalism” is constructed. Such strong identitarian conception does not seem to depict adequately the sociological dynamics of intergroup relations. Second, I consider the terms in which it can be addressed the notion of the rise of the moral mind in evolutionary terms. The suggestion is to consider in a milder form the author’s key concept of a “Great Uncoupling” for the moral reason. (shrink)