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)

Journal of Political Philosophy, EarlyView.

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)

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)

Mit dem Begriff des "Paradigmenwechsels" prägte Thomas S. Kuhn 1962 die Diskussion über Prozesse des Wandels in den Wissenschaften wegweisend. War der Begriff ursprünglich als ein rein deskriptiver konzipiert, so hat er inzwischen in den Geistes- und Kunstwissenschaften diskursstiftende Zugkraft entwickelt. Disparate Konfigurationen des Paradigmatischen in epistemischen, ästhetischen und medialen Gefügen fordern zu einer präzisen Untersuchung der je unterschiedlichen Funktionsweisen des Terminus heraus. Welchen Status und welche Legitimität kann er für sich beanspruchen? Wie werden Paradigmen erzeugt und ausgerufen? Der Band (...) greift diese Debatten aus interdisziplinären Perspektiven auf, um die Paradigmatizität von Denk-, Handlungs- und Wahrnehmungsstilen in den Künsten und Geisteswissenschaften offenzulegen. (shrink)

Mit dem Begriff des "Paradigmenwechsels" prägte Thomas S. Kuhn 1962 die Diskussion über Prozesse des Wandels in den Wissenschaften wegweisend. War der Begriff ursprünglich als ein rein deskriptiver konzipiert, so hat er inzwischen in den Geistes- und Kunstwissenschaften diskursstiftende Zugkraft entwickelt. Disparate Konfigurationen des Paradigmatischen in epistemischen, ästhetischen und medialen Gefügen fordern zu einer präzisen Untersuchung der je unterschiedlichen Funktionsweisen des Terminus heraus. Welchen Status und welche Legitimität kann er für sich beanspruchen? Wie werden Paradigmen erzeugt und ausgerufen? Der Band (...) greift diese Debatten aus interdisziplinären Perspektiven auf, um die Paradigmatizität von Denk-, Handlungs- und Wahrnehmungsstilen in den Künsten und Geisteswissenschaften offenzulegen. (shrink)

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)

We argue that there are three coherent, nontrivial notions of basic-ness: conceptual basic-ness, biological basic-ness, and psychological basic-ness. There is considerable evidence for conceptually basic emotion categories (e.g., “anger,” “fear”). These categories do not designate biologically basic emotions, but some forms of anger, fear, and so on that are biologically basic in a sense we will specify. Finally, two notions of psychological basic-ness are distinguished, and the evidence for them is evaluated. The framework we offer acknowledges the force of some (...) of the objections to basic emotion theory whilst demonstrating that the notion of a basic emotion, once properly reformulated, is still of scientific value. (shrink)

A new and comprehensive look at the reasons behind successful or failed nation building Nation Building presents bold new answers to an age-old question. Why is national integration achieved in some diverse countries, while others are destabilized by political inequality between ethnic groups, contentious politics, or even separatism and ethnic war? Traversing centuries and continents from early nineteenth-century Europe and Asia to Africa from the turn of the twenty-first century to today, Andreas Wimmer delves into the slow-moving forces that (...) encourage political alliances to stretch across ethnic divides and build national unity. Using datasets that cover the entire world and three pairs of case studies, Wimmer's theory of nation building focuses on slow-moving, generational processes: the spread of civil society organizations, linguistic assimilation, and the states' capacity to provide public goods. Wimmer contrasts Switzerland and Belgium to demonstrate how the early development of voluntary organizations enhanced nation building; he examines Botswana and Somalia to illustrate how providing public goods can bring diverse political constituencies together; and he shows that the differences between China and Russia indicate how a shared linguistic space may help build political alliances across ethnic boundaries. Wimmer then reveals, based on the statistical analysis of large-scale datasets, that these mechanisms are at work around the world and explain nation building better than competing arguments such as democratic governance or colonial legacies. He also shows that when political alliances crosscut ethnic divides and when most ethnic communities are represented at the highest levels of government, the general populace will identify with the nation and its symbols, further deepening national political integration. Offering a long-term historical perspective and global outlook, Nation Building sheds important new light on the challenges of political integration in diverse countries. (shrink)

It is commonly assumed that while Nietzsche’s intellectual influence significantly marked 20th century ‘continental’ philosophy, his sway over analytic philosophy was conspicuously minimal. To challenge this received view, this essay demonstrates that the reception of Nietzsche’s philosophy formed a space of dialogue among three founding figures of analytic philosophy: Schlick, Wittgenstein, and Waismann. A significant Nietzschean influence guided Schlick’s project of naturalising ethics. Schlick nonetheless maintained a critical attitude towards various aspects of Nietzsche’s philosophy, such as his assertion of the (...) will to power. Despite their proximity, Wittgenstein’s understanding of several of Nietzsche’s views (under the influence of Spengler) deviated from Schlick’s more elaborate interpretation. Wittgenstein concurred with Schlick’s criticism of an absolute ‘ought’, despite his overall rejection of Schlick’s naturalisation of ethics. In Waismann’s articulation of his own view of the relation between ethics and science, we find an emphasis on an element that is common in Schlick and Wittgenstein, namely their rejection of the possibility of scientifically justifying moral claims. Waismann’s criticisms of Nietzsche’s ethics can thus be brought into dialogue with Schlick’s and Wittgenstein’s responses, especially in the case of the notion of eternal recurrence. (shrink)

A growing number of consumer technology companies are aiming to convince older people that humanoid robots make helpful tools to support aging-in-place. As hybrid devices, socially assistive robots (SARs) are situated between health monitoring tools, familiar digital assistants, security aids, and more advanced AI-powered devices. Consequently, they implicate older people’s privacy in complex ways. Such devices are marketed to perform functions common to smart speakers (e.g., Amazon Echo) and smart home platforms (e.g., Google Home), while other functions are more specific (...) to older people, including health and safety monitoring and serving as companions to mitigate loneliness. Privacy is a key value central to debates about the ethics of using SARs in aged care, yet there has been very little interchange between these debates and the robust theoretical discussion in the legal literature about the future of privacy and AI governance. Drawing on two qualitative studies of older people’s views on consumer SARs, the paper contributes novel findings about older people’s thinking on privacy and data governance at the intersection of their experiences with present day digital technologies and projections for future AI systems, and places their views in dialogue with debates about the future of privacy protection and AI governance. (shrink)

Nautilus Award Gold Medal Winner, Ecology & Environment In Matter and Desire, internationally renowned biologist and philosopher Andreas Weber rewrites ecology as a tender practice of forging relationships, of yearning for connections, and of expressing these desires through our bodies. Being alive is an erotic process--constantly transforming the self through contact with others, desiring ever more life. In clever and surprising ways, Weber recognizes that love--the impulse to establish connections, to intermingle, to weave our existence poetically together with that (...) of other beings--is a foundational principle of reality. The fact that we disregard this principle lies at the core of a global crisis of meaning that plays out in the avalanche of species loss and in our belief that the world is a dead mechanism controlled through economic efficiency. Although rooted in scientific observation, Matter and Desire becomes a tender philosophy for the Anthropocene, a "poetic materialism," that closes the gap between mind and matter. Ultimately, Weber discovers, in order to save life on Earth--and our own meaningful existence as human beings--we must learn to love. (shrink)

This book is about the interaction between literary studies and the philosophy of literature. It features essays from internationally renowned and emerging philosophers and literary scholars, challenging readers to join them in taking seriously the notion of interdisciplinary study and forging forward in new and exciting directions of thought. It identifies that literary studies and the philosophy of literature address similar issues: What is literature? What is its value? Why do I care about characters? What is the role of the (...) author in understanding a literary work? What is fiction as opposed to non-fiction? Yet, genuine, interdisciplinary interaction remains scarce. This collection seeks to overcome current obstacles and seek out new paths for exploration. (shrink)

This chapter contains sections titled: Introduction Nihilism Skepticism Nihilism and Skepticism.

Dieser Band wirft ein neues Licht auf Byzanz - als geographischen, aber vor allem als kulturellen Knotenpunkt. Denn wie kaum eine andere Region ist Byzantium über gut ein Jahrtausend durch seine ebenso zentrale wie fragile geographische Lage, aber auch durch sein Prestige wichtig für die Begegnung von Kulturen, Personen und Institutionen rund um das Mittelmeer. Hierbei stellt sich aus byzantinischer Perspektive die "antike" und "mittelalterliche" Welt als ein in wesentlichen Zügen kontinuierlicher Kulturraum dar, der bis an die Schwelle der Neuzeit (...) reicht und sich vor allem durch seine große Rezeptivität auszeichnet. Thematisiert werden daher vor allem die Wechselseitigkeit kultureller und epistemischer Rezeptions- und Transformationsprozesse und ihre jeweiligen Wissensformen. Diese Wissensformen beziehen sich auf die Ordnungsstrukturen, die der Erkenntnis und den Wissenschaften, der Sprache und medialen Repräsentation sowie den institutionellen und soziologischen Bedingungen zugrundeliegen, sowie auf die diesen korrespondierenden Gegenstände des Wissens. In diesem Austausch begegnet Byzanz auch den transformierten Spuren, welche die griechische Kultur zuvor bei ihren eifrigen Nachahmern hinterlassen hat. (shrink)

This paper offers a theory of spatial indexicals like _here_ and _there_ on which such expressions are variables associated with presuppositional constraints on their values. I show how this view handles both referential and bound uses of these indexicals, and I propose an account of what counts as the location of the context on a given occasion. The latter is seen to explain a wide range of facts about what the spatial indexicals can refer to.