Many philosophers, past and present, have attempted to eradicate the notion of sovereignty. The most interesting and most ambitious attempt to do so, comes from those philosophers who claim that sovereignty is in principle incompatible with the rule of law. The purpose of this paper is to repel this latter attack. In order to do so, I investigate the analogy between sovereignty and individual autonomy. The resulting conception of sovereignty, ‘sovereignty as autonomy’, shows that sovereignty and the rule of law (...) are utterly compatible. At the same time, this conception conserves what I believe to be the normative core of our modern notion of sovereignty: when speaking of sovereignty, we invoke the perspective from which a political community can consciously understand itself as an autonomous agent. (shrink)

Human rights are a suspect project – this seems the only sensible starting point today. This suspicion, however, is not absolute and the desire to preserve and reform human rights persists for many of us. The most important contemporary critiques of human rights focus on the problematic consequences of the desire for universal rights. Some defenders of human rights accept elements of this critique in their reformulations, but opponents remain wary of the desire to think and act in human rights (...) terms because of their limitations as a political ethics. Yet, we hesitate to abandon human rights. In this article, I look at the political critique of human rights in greater detail. I argue that an agonistic account drawing on the work of William Connolly and Bonnie Honig offers the best response to the most important contemporary critiques of human rights, and a clearer account of what it means to claim that human rights do valuable work. The key developments of this agonistic view of human rights are its focus on the ambiguity of ‘humanity’ as a political identity and the challenge to legitimate authority and membership that new rights claims make. In the end, human rights are defended as a universal political ethos focused on the pluralization and democratization of global politics. (shrink)

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically dist...

The discourse on economic integration with authoritarian regimes has evolved as a key topic throughout the different disciplines of social sciences. Are sanctions and boycotts effective methods to incentivize human rights improvements? To analyze this question, we focus on the situation in China’s Xinjiang province from 2010 to 2019. In this paper, we discuss the relevance of human rights as an ethical norm within business ethics and international law. We evaluate the ongoing processes in Xinjiang from this perspective and scrutinize (...) the interests of major players in the region, including the Central Government of the People’s Republic of China, Xinjiang’s local government, and enterprises involved in the region. Following this, we discuss which economic measures will improve the human rights situation and how these measures contribute to an improvement of the situation. (shrink)

Depuis la parution de la Théorie de l'agir communicationnel, la question du droit et de la rationalité juridique a occupé une place de plus en plus importante dans l'itinéraire philosophique et sociologique de Jürgen Habermas. Déjà repérable dans l'œuvre maîtresse de 1981, cette réflexion s'est poursuivie avec le cours Law and Morality professé à l'Université Harvard en 1986, pour trouver son point d'orgue en 1992 avec la publication de Faktizität und Geltung, ouvrage tout entier consacré à la théorie juridique et (...) politique et qui forme désormais la pièce maîtresse de la pensée de Habermas sur ce thème. On peut invoquer deux motifs pour expliquer cet intérêt marqué et relativement récent pour la philosophic du droit. (shrink)

Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is an attempt to understand and theorize human (...) rights on the terrain of the social actors who put them to use, particularly radical activists that have a more critical relationship to human rights. Attempting to avoid the philosophical pathology of demanding that the world reflect our conception of it, we base our reflection on the ambiguous, and potentially un-patterned, texture of human rights practice—taking seriously the idea that human rights express a relationship of power, importantly concerned with its legitimate arrangement and limitation. In both the philosophical literature and human rights activism, there seems to be a consensus on basic rights as undeniable moral principles of political legitimacy. This use of human rights is contrasted with radical social movements that reject this conception of rights as ideological and illegitimate, making specific reference to the Zapatista movement (Chiapas, Mexico) and the Landless Peasant Movement of Brazil (MST, from the Portuguese Movimento dos trabalhadores rurais Sem Terra), which are critical of the human rights discourse, but also make strategic use of the idea and offer alternative articulations of political legitimacy. (shrink)