The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In asserting (...) this view, we will look closer at the Kantian influence in Habermas' legal construct at the international level, and show why this institutional approach is to be sharply distinguished from and preferred to any exclusively non-institutional approach to international justice. (shrink)

Globalization can undermine as well as enable public discourse at the national, international, and supranational levels. A challenge for political theory is to imagine how a global public realm might be constituted. Because the public realm has flourished in states whose citizens are related under the rule of law, one might ask whether this model of civil association can be extended to a broader and potentially universal context. Given the contingent obstacles to a global state, realizing civil association globally implies (...) a universal confederation of rule‐of‐law states. If the public realm means free deliberation on the laws of a civil association, the ‘global public realm’ would include deliberation at all three levels. (shrink)

ExcerptThe field of supranational democracy, which this paper addresses, is usually characterized by grand institutional designs and utopian projects. My aim here is, however, admittedly modest. I would like to examine one specific strategy deployed by a number of political theorists writing in this field. These authors come from very different backgrounds—they range from Pierre Manent and John Pocock to Larry Siedentop and Jean Cohen—yet they all share one important idea: in response to models for global governance that seek to (...) relocate sovereignty to a supranational level or to disperse sovereignty vertically over different levels (e.g., global federalism, deliberative supranationalism,…. (shrink)

This article argues that populism, cosmopolitanism, and calls for global justice should be understood not as theoretical positions but as appeals to different segments of democratic electorates with the aim of assembling winning political coalitions. This view is called democratic realism: it considers political competition in democracies from a perspective that is realist in the sense that it focuses not first on the content of competing political claims but on the relationships among different components of the coalitions they work to (...) mobilise in the pursuit of power. It is argued that Laclau’s populist theory offers a sort of realist critique of other populists, but that his view neglects the crucial dynamics of political coalition-building. When the relation of populism to global justice is rethought from this democratic realist angle, one can better understand the sorts of challenges each faces, and also where and how they come into conflict. (shrink)