The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it (...) systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each critique contains certain moral and empirical assumptions that deserve further attention. The distributive justice implications of international investment rules are also relevant to scholars of global distributive justice. The aim of the analysis is to develop an interdisciplinary agenda – among law, philosophy, and social science – for inquiry into the justice of investment law and reform of its unjust elements. (shrink)

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. (shrink)

This paper considers the implications of Chiara Lepora and Robert Goodin's On Complicity and Compromise (OUP, 2013) for our understanding of international law. That volume systematizes and evaluates individuals’ ethical choices in getting (too) close to evil acts. For the law of nations, these concepts are relevant in three critical ways. First, they capture the dilemmas of those charged with implementing international law, e.g., Red Cross delegates pledged to confidentiality learning of torture in a prison. Second, they offer a rubric (...) for understanding when a state may use coercion against certain actors, e.g., international law's rules for when one state may use force against another based on the latter's ties to terrorist acts. Third, they offer a moral grounding for many international obligations of states based on the need to avoid their own complicity in others' wrongs, e.g., by not expelling refugees to a state persecuting them or by preventing private actors from committing human rights abuses. In the case of the last two, the law reflects decisions by states about how much complicity they will tolerate – either complicity by others or complicity by the states themselves. (shrink)

Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.

Cecile Fabre’s Through a Glass Darkly offers a compelling account of the ethics of espionage drawn from both interpersonal morality and democratic and cosmopolitan political theory. Yet the spying that her theory finds permissible or prohibited does not map onto the spying that states undertake and that international law either explicitly or implicitly authorizes. That law allows or tolerates significant spying to promote compliance with diverse international legal regimes as well as advance other important public order values — well beyond (...) that allowed under Fabre's theory. This disconnect represents a challenge for her theory and ideal theory generally. This essay identifies these gaps and considers alternative approaches to addressing them. It argues that the political morality of spying should be explored through institutional moral reasoning that takes account of the actual practices, expectations, and institutions that states have created; it then offers a set of criteria for the international political morality of espionage. The essay concludes with a discussion of a key feature of all espionage, namely the secrecy of the methods used — as opposed to their goal of find others’ secrets. International law is both pushing transparency in many areas yet still allowing secret conduct by states, and these practices should also inform a theory of espionage. (shrink)

Ten years ago the civilized world was shocked out of an unwarranted confidence in the victory of science over superstition by the news that Tennessee had outlawed the teaching of man's evolutionary origin. Within the next three years both Mississippi and Arkansas joined Tennessee in defense of Biblical truth against the scepticism of science. The furor raised by the dramatic clashes between William Jennings Bryan and Clarence Darrow at the Scopes Trial in Dayton, Tennessee, has now become a faded memory. (...) The struggle between Fundamentalists and Modernists has died down, though the embers still smoulder; and few ever think of the issues then raised, now that war and fascism threaten civilization. (shrink)

International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to explore the moral (...) commitments of international actors without grappling with the international legal doctrine or institutions. In recent years, however, both disciplines have begun to engage with one another more. This discussion among international lawyers and philosophers addresses the promises of and challenges to interdisciplinary approaches to global justice. The contributors consider the added value of philosophical inquiry to issues facing international law practitioners or scholars, the salience of of international law for political philosophy, and the methodological distinctions between the two fields. The contributors also identify promising lines and examples of interdisciplinary scholarship. (shrink)

Except for Dewey's and James H. Tufts' 1932 Ethics (Volume 7 of The Later Works), this volume brings together Dewey's writings for 1931–1932.

International law and ethics share a common goal of helping us understand the norms and institutions needed to promote a just world order. Yet each of the two fields has approached this shared task with little regard for the insights of other, and interdisciplinary collaboration is now imperative. This essay shows the complementary nature of inquiries in political and moral philosophy, on the one hand, and international law, on the other, by examining the so-called New Haven School (or policy-oriented jurisprudence), (...) an international law method that explicitly considers values as both inputs and outputs of the process of making law. It finds that the School’s sociological orientation does not adequately integrate ethical inquiries essential to prescribing law, in particular questions about the scope of duties that individuals and states owe those abroad. Using the current legal debate over the extraterritorial application of human rights as an example, the paper shows how approaches from moral and political philosophy can help provide a rigorous and principled basis for the prescription of law, as well as link seemingly unrelated questions of international law to each other. (shrink)

On n'a pas assez reconnu l'importance du livre de John Dewey qui parut en 1888, Leibniz's New Essays Concerning the Human Understanding: A Critical Exposition. Dewey voit Leibniz comme représentant du Rationalisme a priori, en contraste avec l'Empirisme de Locke. Du point de vue néo-hégélien, Dewey trouve Leibniz coupable de certaines erreurs philosophiques, mais partage ses critiques de Patomisme psychologique de Locke et sa conception organique de la nature et de l'homme. Leibniz renforce chez Dewey des concepts fondamentaux d'organisme, de (...) continuité, et de l'unité rationelle du monde, idées qui jouent un rôle important plus tard dans la formation de la philosophie deweyenne. (shrink)

The codification of international human rights law and international humanitarian law, and the accession to those treaties by a large majority of states, does not at first glance seem to have any significant effect upon states' behavior in situations of crisis. Any understanding of the prospects for such law in these situations requires an appraisal of both the motivations of states in concluding these treaties and the pressures on them to ignore them. This paper analyzes those motivations and temptations through (...) the framework of precommitment theory, a component of rational choice theory, originally articulated by Jon Elster and Thomas Schelling. The metaphor of Ulysses offers a useful way to address three different dimensions of the purposes that states join treaties: beliefs, i.e., the state's attitude toward the norms in the treaty; predictions, the state's concerns about its own future behavior; and interactions, i.e., the extent to which the state is trying to influence or bind other states. And it permits linking those motivations to the propensity of states to comply at a later time. The paper offers a four-part typology for why states commit to such treaties, contrasting it with notions from contemporary international relations theories. It then explores the contrasting approaches of compliance theories and international law doctrine to the temptation of states to violate treaties and elaborates the contributions of the precommitment framework. Building upon that framework, it proposes a set of strategies that those concerned with compliance might explore for making international law more relevant when governments seem most inclined to discount it. (shrink)

The sub-title of this essay might very well be: “A Study in the Biology and Mechanics of Historical Research and Interpretation”. A study in biology because historians can be divided into two classes: invertebrates and vertebrates. The invertebrate historians are those who have inarticulate major premises; the vertebrate historians are those having articulate major premises. A study in mechanics because analysis of historical thought reveals that the principle of least action holds literal sway so far as many historians' critical awareness (...) of their assumptions is concerned. (shrink)

If the history of civilization is to be an instrument for the advancement of civilization, historians must break new paths toward a wider and deeper understanding of human affairs. Despite the achievements of those who have explored the influence of technics, the power of nationalism, the rôle of mass-psychology, the economic factors in political and social life, our analyses of history are from a scientific standpoint still all too primitive. As John Dewey has said, “It is possible to study a (...) multitude of histories, and yet permit history, the record of the transitions and transformations of human activities, to escape us. Taking history in separate doses of this country and that, we take it as a succession of isolated finalities, each one in due season giving way to another, as supernumeraries succeed one another in a march across the stage. We thus miss the fact of history and also its lesson; the diversity of institutional forms and customs which the same human nature may produce and employ.“. (shrink)

Academic freedom re-visited, by T. V. Smith.--Human rights under the United Nations Charter, by B. V. Cohen.--The absolute, the experimental method, and Horace Kallen, by P. H. Douglas.--Some tame reflections on some wild facts, by J. Frank.--Some central themes in Horace Kallen's philosophy, by S. Ratner.--Cultural relativism and standards, by G. Boas.--The philosophy of democracy as a philosophy of history, by S. Hook.--The rational imperatives, by C. I. Lewis.--From Poe to Valéry, by T. S. Eliot.--Events and the future, by J. (...) Dewey.--Teleological explanation and teleological systems, by E. Nagel.--Chʻan (Zen) Buddhism in China: its history and method, by H. Shih.--Reconsideration of the origin and nature of perception, by A. Ames.--Horace M. Kallen: A bibliography (p. 275-277). (shrink)

Academic freedom re-visited, by T. V. Smith.--Human rights under the United Nations Charter, by B. V. Cohen.--The absolute, the experimental method, and Horace Kallen, by P. H. Douglas.--Some tame reflections on some wild facts, by J. Frank.--Some central themes in Horace Kallen's philosophy, by S. Ratner.--Cultural relativism and standards, by G. Boas.--The philosophy of democracy as a philosophy of history, by S. Hook.--The rational imperatives, by C. I. Lewis.--From Poe to Valéry, by T. S. Eliot.--Events and the future, by J. (...) Dewey.--Teleological explanation and teleological systems, by E. Nagel.--Ch'an (Zen) Buddhism in China, by Hu Shih.--Reconsideration of the origin and nature of perception, by A. Ames, Jr.--Horace M. Kallen: a bibliography (p. 275-277). (shrink)

Academic freedom re-visited, by T. V. Smith.--Human rights under the United Nations Charter, by B. V. Cohen.--The absolute, the experimental method, and Horace Kallen, by P. H. Douglas.--Some tame reflections on some wild facts, by J. Frank.--Some central themes in Horace Kallen's philosophy, by S. Ratner.--Cultural relativism and standards, by G. Boas.--The philosophy of democracy as a philosophy of history, by S. Hook.--The rational imperatives, by C. I. Lewis.--From Poe to Valéry, by T. S. Eliot.--Events and the future, by J. (...) Dewey.--Teleological explanation and teleological systems, by E. Nagel.--Ch'an (Zen) Buddhism in China, by Hu Shih.--Reconsideration of the origin and nature of perception, by A. Ames, Jr.--Horace M. Kallen: a bibliography (p. 275-277). (shrink)

This volume presents human rights in action, focussing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, it provides a multidimensional overview of human rights. Beginning with an analysis of the historical and conceptual foundations of human rights, the volume then focusses upon the different mechanisms which may be employed in translating human rights from a promise into a reality. Special emphasis is placed upon the (...) United Nations procedures available to achieve this end. (shrink)