"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

In this paper, I explore the ways in which human bodies, payback, and comestibility become inescapably entangled in cultures in which honor is the prevailing virtue. Shakespeare was deeply sensitive to the social and psychological processes through which these concepts become entwined when honor is at stake—to the ways in which, as a means of corrective response, men who transgress a code of honor can be rightly reduced to their bodies, similar to how those who are not allowed to be (...) full participants in an honor culture (most particularly women) always already are. I begin by examining Shakespeare’s earliest depictions of honor cultures in Titus Andronicus and The Rape of Lucrece, and then briefly discusses how the ideas they trade in are further developed and complicated later in his career, focusing specifically on Othello. -/- . (shrink)

A collection of essays representing diverse approaches to feminist ethical analysis of social policy. Subjects include the Family and Medical Leave Act, combat exclusion and the role of women in the military, unwed fathers' rights, mail-order brides, pornography, breast implants, and sex-selective abortion. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR.

McManus presents an intellectual history of the conservative and reactionary tradition, stretching from Aristotle and Confucius to Ayn Rand and Patrick Deneen. Providing a comprehensive critical genealogy of the intellectual political right, McManus traces its core to a nostalgia for the hierarchical cosmos of antiquarian and scholastic thinking. The yearning for a shared vision of the universe where each part of reality has its place maps onto the conservative admiration for orderly political and social stratification. It stamps even (...) the more moderate forms of liberal conservatism which emerged in the aftermath of the revolutionary 18th century, as the political right struggled to accept and later master first the politics of liberal capitalism and later universal suffrage. In its most radical forms this nostalgia for an orderly and hierarchical existence can harden into a resentment at the perceived shallowness of liberal modernity. McManus argues for those who support the project of modernity to commit themselves to better understanding the depth of the political right's critiques, many of which expose uncomfortable but solvable problems with the quest for equality and freedom. A critical guide to the history of conservative and reactionary thought for students and scholars of political science and political history. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

All states must make decisions about how to regulate the treatment of animals. In this book, Alasdair Cochrane argues that this must go further. In order to ensure that their interests are taken seriously, it is imperative that we represent them throughout the political process - not only rights to protection, but also to democratic membership.

The purpose of this paper is to consider whether it is permissible for a liberal democratic state to deny anti-liberal-democratic citizens and groups the right to run for parliament. My answer to this question is twofold. On the one hand, I will argue that it is, in principle, permissible for liberal democratic states to deny anti-liberal-democratic citizens and groups the right to run for parliament. On the other hand, I will argue that it is rarely wise (or prudent) for ripe (...) democracies to exclude anti-liberal-democrats from parliamentary elections. There are at least two reasons for this. The first is related to the inherent stability of just institutions. The second is that exclusion can lead to group polarization and enclave deliberation that can engender political extremism and impair processes of interpersonal and intrapersonal deliberation in liberal democracies. (shrink)

Libertarians famously contend that the minimal state is the most just social arrangement because it secures individual freedoms and basic political rights. They also oppose wealth transfer taxation, i.e. taxation of inheritances, bequests, and inter vivos gifts, arguing that it violates people's right to use their wealth freely. However, as I argue, libertarian opposition to wealth transfer taxation causes practical problems for their commitment to a minimal state, as there is strong empirical evidence demonstrating that wealth transfer taxation (...) is required to secure the political rights necessary for a free and stable society. In other words, I contend that without an effective wealth transfer tax, it will be difficult to ensure political rights and basic freedoms, thus leaving the libertarian minimal state in peril of collapse. (shrink)

This thesis discusses the proper relationship between religion and politics, not as two kinds of institutions in a society but as two sets of beliefs within and among belief systems: people's religious ideas of the good human life and their political ideas of a right society, in a religiously plural context. ;It starts its discussion by critically examining two most important positions on this issue in contemporary public discourses: the liberal idea of priority of the right to the good (...) and the communitarian idea of priority of the good to the right . The problem with the liberal view is that its idea of a politics neutral to all religions is merely an illusion. The problem with the communitarian one is that it will lead to either political sectarianism or religious pluralism. ;The thesis therefore aims to develop an alternative position, which is centered around the idea of multiple reflective equilibria. According to this idea, instead of a dichotomy, religious goodness and political rightness, along with many other ideas people may have, are mutually enriching, critical, and transformative, both within an individual's belief system and among different individuals' belief systems. In a religiously plural society, it searches for a universal political idea of the right that is kept in a reflective equilibrium with plural religious ideas of the good. (shrink)

A common view of politics is that it is reducible to applied ethics. If politics, in a classic phrase, is about “who gets what, when, and how,” then the task of normative political theory would simply be to tell us who is morally entitled to get whatever the “what” is in that statement.This view, however, can easily reduce politics to a dizzying vortex of actions to assess from an ethical perspective. And while the task of moral philosophy may be (...) precisely to articulate principles by which to pass such judgment, the focus of political theory lies elsewhere.To study and assess politics means attending to the institutional frameworks and structural conditions that enable or constrain human action to begin with. The question for normative political theory, in other words, is whether the organizational structure of a given society—embodied in its decision-making procedures, its distribution of power, and its defining patterns of production, reproduction, and distribution—is defensible or not.This question of justice in the institutional makeup of society has not been entirely ignored in animal rights literature. Animal advocates have always been clear about the massive societal ramifications of dismantling the speciesist order. Likewise, rights theorists and activists have often proposed concrete legal measures for improving the protection of animals, be it by piecemeal welfare reform in animal agriculture, by the abolition of specific practices in biomedical research, or by seeking the equivalent of human rights for select species like great apes or dolphins. The field has also seen fierce debate among animal advocates about the appropriate strategies for engaging with the state and the legal system.Nonetheless, most discussions have been about what it means to treat individual animals with respect, and not about what is required of a political order aspiring to just treatment of all species. In fact, it is only in the last decade that the issue of political justice has taken up a place at the center of animal ethics.Though the field is still developing, we may take it as a sign of maturity that it can now sport its first “short introduction” book: Alasdair Cochrane's Should Animals Have Political Rights? (2020). Its appearing as part of the Polity Press series Political Theory Today further attests to the book's timeliness.The starting point of Cochrane's book—and of political animal studies in general—is that political relations between humans and other animals are not optional but inevitable. Other animals live among us, and the way we organize our societies has a massive impact on the lives of other sentient animals both inside and outside the borders of our human communities. Assuming that these creatures possess intrinsic value as experiencing individuals with morally relevant interests, the question seems inescapable: What kind of polity can accommodate for the multispecies character of our communities and embody justice for all sentients? Cochrane's answer is largely the same as the one he offered in his previous book, Sentientist Politics: A Theory of Global Inter-Species Justice (Oxford University Press, 2018), where he laid out his full vision of a postnational and species-neutral “cosmozoopolis.”The present book is much more concentrated and written as an accessible introduction for readers new to the field. Over seven short chapters, Cochrane reconstructs his argument for an interspecies democracy by assessing a series of arguments and propositions drawn from previous literature on the topic.The first notion to be scrutinized is the popular idea that animal welfare legislation is enough to secure respect for animals. Here, Cochrane acknowledges that welfarism goes some way toward safeguarding animal interests, but he also stresses that its historical record has been disheartening. Welfarism protects animals only insofar as their protection coincides with human interests, and this is far from enough to ensure respect for the animals’ intrinsic value.The second line of argument tries to push beyond welfarism by claiming constitutional protection for animals. By this move, reformers hope to place animal interests on an equal footing with human interests and prevent the overriding of the former in the name of human entitlements (to property, artistic expression, freedom of science, and so forth). Looking at real-world cases, however, Cochrane finds that these constitutional provisions tend to be sidelined when they come into conflict with the interests of big agribusiness.Noting that more than constitutional protection is needed, Cochrane turns to a third set of arguments about legal personhood for animals. Winning personhood for animals would certainly constitute a radical step toward equalizing the interests of different species. Nonetheless, Cochrane argues that personhood alone would be insufficient. Intrinsic value, to him, cannot be fully respected unless animals win the political right to have their interests factor into society's articulation of the public good. As sentient beings, we can all make a claim on the political communities we are part of to not only recognize us as members but furnish us with the means to live well.The fourth and final step for Cochrane is to argue that democratic representation for animals is necessary for realizing these political membership rights. Without representation, he contends, political rights risk being watered down, leaving animals with much less than they are entitled to as sentient beings. Cochrane critically discusses several different models for how this representation could be organized. While he is partial to a system where specially trained human representatives are tasked with voicing the animals’ interests in the legislative process, he leaves many of the practicalities open for future experimentation.Readers familiar with the field of political animal studies will find little new in Should Animals Have Political Rights? For students new to the field, however, Cochrane's book does an excellent job introducing the main issues in a very accessible format. Students of “regular” political science will also benefit from the book's fresh challenge to the discipline's understanding of “the political” as well as its important insights into the relationship between individual and political rights. (shrink)

In the past two decades, normative Confucian political theory has emerged as one of the most vibrant subfields of political theory, spawning a variety of philosophical thoughts, normative ideas, and institutional suggestions that are relevant to the modern societal context of Confucian East Asia. Ideas such as “Confucian democracy” and “Confucian constitutionalism” are no longer considered oxymoronic or conceptually impossible, and scholars in this field continue to develop their theories from a wide range of philosophical perspectives. What is (...) still missing, though, is a philosophical construction that intertwines Confucianism not only with democracy but also with other important... (shrink)

Should refugees receive political rights in liberal democracies? I argue that they should. Refugees are special – at least when it comes to claims towards democratic inclusion. They lack exit options and are significantly impacted by decisions made in liberal democracies. Enfranchisement is a matter of urgency to them and should occur on a national level. But what justifies the democratic inclusion of refugees? I draw on the all-subjected principle in arguing that all those subjected to rule in (...) a political unit should have a say in such rule. I show that refugees cannot be denied democratic inclusion based on the argument that transients should be excluded from participation. Refugees are not transients. Finally, I show that naturalization is not a prerequisite for enfranchisement. Political rights and citizenship can be had independently of each other. Refugees, then, should be nationally enfranchised as soon as they receive refugee status. (shrink)

For politics to measure up to reason, two requirements have long been acknowledged: first, that the ends of political action be universal, and second, that the pursuit of such universal ends consist in political self-determination, that is, in self-government.Aristotle set the stage for all further political inquiry by distinguishing political association through the universality of its end or good, while identifying the end of politics with political activity itself, an activity in which citizens rule over (...) one another while presiding over all other associations, which fall under political dominion owing to the particularity of their pursuits. Aristotle joined the universality of politics with the activity of self-rule by recognising political activity to be an end in itself that is also a master end for the sake of which all other conduct is to be pursued. As such, politics was itself the highest good, making ethics possible by overcoming the hegemony of instrumental action, whose every end is devoid of intrinsic value, leaving conduct ultimately pointless.Two corollary difficulties, however, undermine Aristotle's enterprise. On the one hand, he is unable to give the universal end of political association a non-arbitrary content. Politics may claim universality by being both an end in itself and a master end, but this is just a recipe for ‘might makes right’, where any prevailing rule would be identical with the highest good. Appeal to a distinctly human function or to forms of rule that pursue the common good rather than the particular interests of some ruler can provide no remedy. (shrink)

인권은 시민권과 관계없이 독자적 가치를 지니지만, 시민권이 박탈되면 인권도 박탈되는 상황에 처한다. 근대 이후로 민족 국가를 단위로 정체가 형성되었기 때문이다. 그래서 아렌트와 아감벤은 시민권이 없는 인권은 무의미하고 무기력하다고 토로한다. 그러나 이 글은, 인권이 독자적 가치를 지니며 정치적 저항의 동력이라는 점을 발리바르의 인권정치를 통해 논증한다. 발리바르에게 인권과 시민권을 정치적으로 천명한 세계사적 기반은 「인간과 시민의 권리 선언문」이다. 선언문은 인권과 시민권의 동등성, 자유와 평등의 동등성을 개시하지만, 동등성을 이탈하는 모순과 아포리아도 동시에 노정하기 때문에 정치적 봉기의 동력이 된다. 이 글은 동등성의 아포리아를 논증하면서 인권이 지닌 (...) 정치적 가능성을 이주자와 난민 여성이 겪는 배제와 혐오를 극복하는 데 활용하려고 한다. (shrink)

The article discusses the problems of development of women’s political rights in Lithuania in the legal historical aspect starting from the 16th century, when some property and individual rights were enshrined in the first codifications of the laws of the Great Duchy of Lithuania. The aim of the article is to show that women’s struggle for political equality and suffrage at the end of the 19th and at the turn of the 20th century correlates with the (...) movement for re-establishment of the independent State of Lithuania. As a result in Lithuania equal suffrage and political rights were ensured from the very beginning of independence. In 1905 the Great Seimas of Vilnius recognized the principles of equality of women and men and declared the principles of equal general election to the Seimas (parliament); women’s suffrage, as one of the elements of legal equality, became constitutionally entrenched already in the first temporary Constitution of the State of Lithuania in 1918. At the end of the 20th century and the beginning of the 21st century women’s rights have been further developed, moreover, the first woman was elected as President of the Republic in the national elections in May 2009. (shrink)

Aristotle, Politics, Books III and IV, trans. Richard Robinson, with a supplementary essay by David Keyt, Clarendon Aristotle Series , pp. xxx + 155; 40.00/$49.95, ISBN 0 19 823591 7 ; 17.99/$24.95, ISBN 0 19 823592 5.

The ability of very wealthy individuals (or, as I will call them, the ‘super-rich’) to turn their economic power into political power has been—and remains—an important cause of political inequality. In response, this paper advocates an original solution. Rather than solving the problem through implementing a comprehensive conception of political equality, or through enforcing complex rules about financial disclosure etc., I argue that we should impose a choice on the super-rich. The super-rich must choose between (i) forfeiting (...) the things that make them super-rich, i.e., pay a 100 % tax on their wealth above a certain level, or, (ii) they must forfeit some of their political rights. These rights include entitlements to fund political parties; to stand for office; and to work or volunteer for political parties. The right to vote, though, is not limited. I defend my proposal against non-consequentialist and consequentialist objections. I also argue that it avoids two problems that many attempts to reduce political inequality face; these are the political egalitarian’s dilemma and the problem of political equality’s relative moral importance. (shrink)

El objetivo de este trabajo es examinar el modo en que Kant concibe la relación entre el derecho político, el derecho de gentes y el derecho cosmopolita, en dos de sus textos de madurez: Hacia la paz perpetua y La metafísica de las costumbre s. El análisis de esta cuestión no solo permite esclarecer principios fundamentales de su filosofía jurídico-política, sino que aporta además nociones relevantes para la actual discusión acerca de los derechos humanos, el cosmopolitismo y el derecho internacional; (...) temáticas que posicionan a Kant como uno de los autores modernos de mayor presencia en el marco del debate filosófico contemporáneo. En primer lugar, examinaré la posición asumida por el filósofo con respecto al intervencionismo, que resulta especialmente relevante para comprender la relación entre el derecho político y el derecho de gentes, ya que obliga a pensar el alcance y los límites del principio de soberanía estatal. En segundo lugar, haré referencia al modo en que este autor concibe la conexión entre el republicanismo y la institución de una comunidad jurídica internacional, e intentaré mostrar que se trata aquí de fines independientes —y a la vez, vinculados— a los que debemos aproximarnos en un proceso de perfeccionamiento gradual de las instituciones jurídicas. (shrink)

The article discusses the rights of minorities in the system of the International Covenant on Civil and Political Rights. It establishes a conceptual distinction between universal rights, specific rights of minorities in general and specific rights of particular minorities. Universal rights correspond to all individuals (e,g,, “no one shall be subjected to torture”) or all groups of a certain class (e.g., “all families are entitled to protection”). Minority groups and their members are entitled (...) to these rights in the same way as any other individual or group. Specific rights of minorities in general are granted to minority groups (e.g., “minority groups have the right to speak their own language”) or their members (e.g., “persons belonging to a minority group have the right to speak the language of the group”). Finally, specific rights of particular minorities are granted to specific groups identified by their characteristics (e.g., “the linguistic minority X has the right to speak the X language”) or their members (e.g., “any member of the linguistic minority X has the right to speak the X language”). Treaties and international declarations often refer to universal rights and specific rights of minorities in general. However, these rights are usually recognised in broad terms, and their implementation may lead to the recognition of specific rights in favour of particular minorities or their members. Protection of minorities (in the broad sense of the expression) is based on two pillars: on the one hand, the protection against discrimination; on the other hand, the protection of minorities in the strict sense. The first pillar is an aspect of the general principle of nondiscrimination and requires respect for both formal and substantive equalities. The protection of minorities in the strict sense involves the preservation of their particular identity. The purpose of the equality in a formal sense is achieved through universal rights, to the extent that these are granted to minority groups and their members. On the contrary, to achieve equality in a substantive sense, it could be necessary to implement positive measures. The implementation of these measures will usually lead to the recognition of specific rights of minority groups or their members. Finally, the protection of the distinctive characteristics of the minorities will also be done through specific rights. Thus, on the one hand, there are rights, which are intended to protect the minority forms of life (i.e. to protect differences), and, on the other hand, those that are intended to allow minorities equal access to different uniform social goods (i.e. to protect equality). Whereas the former ones seek to protect and promote the particularities of the minority culture (e.g., the right to receive education in their own language), the latter ones are recognised to overcome the disadvantages that minority groups and their members face and are not intended to promote peculiarities, but rather to permit equal access to resources and social opportunities. Article 27 of the International Covenant on Civil and Political Rights enshrines specific rights of minorities intended to protect and promote their own forms of life. Although economic rights are not mentioned (the article refers to the rights “to enjoy their own culture, to profess and practise their own religion, [and] to use their own language”), they may stem from the explicitly recognised rights. The rights recognised by the Covenant are not collective, but individual rights (“in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right [...]”). The rights recognised in the Declaration of the United Nations General Assembly on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities are of the same nature. The principle of equality and non-discrimination is contained in Articles 2.1 and 26 of the Covenant. This principle forbids direct and indirect discrimination, be it de iure or de facto. As this is a universal right, minorities can also benefit from it. According to the Human Rights Committee, Article 27 imposes on States the adoption of positive measures that exceed an attitude of mere abstention. In the same way, positive measures may be necessary to make the principle of equality and non-discrimination effective. Although neither Article 27 nor Articles 2.1 and 26 refer to individuals belonging to a specific minority, the concrete implementation of these articles through positive measures may produce specific rights for persons belonging to particular minority groups. (shrink)

La révision de la Constitution nigériane prévue en 1956 fut perçue par le Women Movement of Nigeria (WM) comme une occasion pour revendiquer l’inclusion politique des femmes. L’article Allocation system for women, écrit en 1954 par Mrs Elizabeth Adekogbe, présidente du WM, met en évidence les droits politiques qu’elles réclament, notamment l’accès au suffrage et à l’éligibilité. Ces revendications divisent les femmes qui, selon leur appartenance politique, ont des conceptions différentes de l’émancipation politique. Ces divisions invitent à déconstruire la catégorie (...) « femmes du Nigéria » et à interroger la pluralité de leurs revendications, largement inspirées des débats qui ont eu lieu en Europe occidentale à propos de l’accès au suffrage féminin. Cet article permet aussi de s’interroger sur les parallélismes avec les suffragistes occidentales et en conséquent sur le concept de « citoyenneté » et sur son emploi et non-emploi de la part de ces femmes africaines. (shrink)

THE first and most important deduction from the principles we have so far laid down is that the general will alone can direct the State according to the object ...

This chapter contains section titled: Introduction Basic Human Rights: Rawls's List Basic Human Rights: Their Nature and Function Basic Human Rights: A Rawlsian Justification Conclusion Acknowledgments Notes.

Political theorists advocating the abolition of instrumental uses of groups of animals are divided with respect to how they evaluate welfare reforms. Radical abolitionists maintain that welfare reforms are only dubiously described as moral improvements while pragmatic abolitionists maintain that welfare reforms are moral improvements, even if the conditions they permit are unjust. This article examines Wyckoff’s interest model against the case of a Cincinnati coalition’s efforts to reform the local food chain. This article argues that the coalition’s program (...) of choice is a welfare reform and that the interest model must evaluate the program as a moral improvement. This article concludes that if the interest model is the most appropriate political theory of animal rights, pragmatic abolitionism is philosophically more appropriate than radical abolitionism. (shrink)

This volume makes a welcome contribution to the burgeoning philosophical scholarship on human rights by foregrounding methodological and meta-philosophical issu.

Far-Right Ecologism explains how the ongoing mainstreaming of the far right has prompted greater engagement with a range of topics, including the environment. Behind the façade of vote-winning strategies, the far right has provided a substantive ideological engagement with the natural environment. Building on the nationalist bent of early green thought and the perceived nexus of pristine nature and cultural purity, Far-Right Ecologism has ideologically adopted the green elements of other ideologies, such as conservatism and fascism, but also of those (...) considered to be 'thin-centred', such as nationalism and populism. Through an authentic experience of learning from the Eastern European, post-socialist realms, this book explores the ideology, ecological discourse, and policy proposals behind the increasing impact of far-right actors on environmental politics in Hungary and Poland. Each chapter begins with stories from the interviewees to illustrate how the far right in Hungary and Poland attempts to permeate environmental politics and even forge partnerships with green actors through specific, local-based policy contributions. Drawing on the findings from a range of sources, such as electoral programs, ideological texts and manifestos, social media and public speeches, policy proposals, and more than forty in-depth interviews with far-right representatives, this book also assesses epistemological and methodological challenges in examining the environmental dimension of far-right, post-socialist politics. The book will be valuable reading for researchers with an interest in the far right, environmental politics and Central Eastern Europe. (shrink)

This paper presents a paradox of the concept of the right wing, because it groups together significantly different political philosophies, in terms of premises and conclusions – ones that recommend a minimal state and ones oriented towards preserving the traditions of a community. It also presents a meta-paradox: everyone has noticed this and yet it is my paradox!

In Righting Health Policy, MacDougall argues that bioethics has not developed the tools best suited for justifying health law and policy. Using Kant’s practical philosophy as an example, he explores the promise of political philosophy for making normatively justified recommendations about health law and policy.

Kristen Hessler argues that philosophy can best contribute to understanding human rights by exploring the full range of their use in practice. Her approach emphasizes how human rights activism and adjudication can both reveal and dismantle unjust social hierarchies. The result is an innovative vision of interdisciplinary human rights scholarship.

The increase in cases of political corruption, the loss of politicians' credibility, the development of social and political forms of pathology, and the role of the State have been at the center of political debates. In one way or another, these problems raise the question of the legitimacy of the established powers. The result is that legitimacy, a key notion of political thought in general, has today become a burning issue. Coicaud examines all these issues and (...) proffers insightful answers to questions such as the connections between morality and politics, how rulers acquire or lose the right to govern, and how one can become the advocate of a theory of political justice that, while establishing limits, respects and even ensures the promotion of plurality within societies. (shrink)

The increase in cases of political corruption, the loss of politicians' credibility, the development of social and political forms of pathology, and the role of the State have been at the center of political debates. In one way or another, these problems raise the question of the legitimacy of the established powers. The result is that legitimacy, a key notion of political thought in general, has today become a burning issue. Coicaud examines all these issues and (...) proffers insightful answers to questions such as the connections between morality and politics, how rulers acquire or lose the right to govern, and how one can become the advocate of a theory of political justice that, while establishing limits, respects and even ensures the promotion of plurality within societies. (shrink)