There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements (...) like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned. (shrink)

Past decades have witnessed the growing success of branding as a corporate activity as well as a rise in anti-brand activism. While appearing to be contradictory, both trends have emerged from common sources – the transition from industrial to post-industrial society, and the advent of globalization – the examination of which might lead to a socially grounded understanding of why brand success in the future is likely to demand more than superior product performance, placing increasing demand on corporations with regard (...) to a broader envelop of socially responsible behavior. Directions for strategic and managerial options are suggested. (shrink)

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)

This article provides an application of Alvin Gouldner's dialectic between Romanticism and Classicism to the constitutional process of European identity formation. Gouldner introduced his dialectical sociology in a critical attempt to destroy compulsive identification with any fixed idea of order. In an attempt to destroy compulsive identification with any Romantic or classical idea of Europe, this article shows how Europe's identity, as it has been represented in the Constitutional Treaty (CT), as well as in sociological works, is being shaped by (...) predominant Romantic and classic thought structures and social movements. The central argument is that the dialectic between Romanticism and Classicism in Europe is most clearly observed in the debates about democracy, human rights and rule of law — the classical values that constitute the EU's entry criteria. (shrink)

The notion of extant social contracts (ESC), which was the original contribution that Tom Dunfee provided to contractualist business ethics (CBE) and Integrated Social Contracts Theory (ISCT) more specifically, has commanded less research attention to date than one would expect based on its apparent empirical face validity and its disciplinary spanning potential. This article attempts to revive the ESC concept in both normative and positive research at the intersection of business, management, and ethics and law. After identifying three features that (...) positively distinguish ESC from ISCT, this article argues that the yet unrealized conceptual potential of ESC is most likely to be cashed out when it is applied to the field of private international business regulation and when it is conceptually connected to the legitimizing perspective of institutional theory. (shrink)

At stake for this essay is the distinction between politics and war and the extent to which politics can survive war. Gender analysis reveals how high these stakes are by revealing the complexity of militarism. It also reveals the impossibility of gender identity as foundation for a more robust politics with respect to war. Instead, a non-ideal normative differentiation among kinds of violence is affirmed as that which politically cannot not be wanted.

Recent conflicts both within Europe and between Europe and the United States suggest that Europe's current political arrangements need to be adjusted. F.A. Hayek and Jürgen Habermas argued, albeit on very different grounds, for European political integration. Their arguments ultimately are not persuasive, but a “United States of Europe” can be justified—on the basis of its contribution to European security.

Until recently, businesses and corporations could argue that their only real commitments were to maximise the return to their shareholders whilst staying within the law. However, the world has changed significantly during the last ten years and now most major corporations recognise that they have significant responsibility to local and global societies beyond simply making profit. This means that there is now an increasing concern with the question of how corporations, and their employees, ought to behave, and this leads us (...) to consider ethics as the appropriate theoretical and philosophical domain.I will bring into the debate two relatively recent approaches to ethics: Jürgen Habermas's discourse ethics ; and the critical realist approach of Roy Bhaskar. These are interesting for several reasons: they both draw on traditional ethical theories, although different ones; they bring in innovations of practical relevance; and they both share an over-arching critical perspective. After a critical introduction to both ethical theories, their similarities and differences are explored. The article ends by considering the extent to which they may be practically useful within business. (shrink)

The purpose of this article is to present a critical assessment of Jürgen Habermas' reformulation of Kant's philosophical project Toward Perpetual Peace. Special attention is paid to how well Habermas' proposed multi-level institutional model fares in comparison with Kant's proposal—a league of states. I argue that Habermas' critique of the league fails in important respects, and that his proposal faces at least two problems. The first is that it implies a problematic asymmetry between powerful and less powerful states. The second (...) is that it entails creating a global police force that has an obligation to intervene against egregious human rights violations worldwide, and that this seems incompatible with the idea that every person has an innate right to freedom. There are important normative constraints relevant for institutional design in the international domain that Habermas does not take sufficiently into account. However, this does not mean that Kant's league cannot be supplemented with more comprehensive forms of institutional cooperation between states. On the basis of my assessment of the multi-level model, I propose a hybrid model combining elements from Kant and Habermas. (shrink)

The article interrogates transnational feminisms as a concept and as a practice. It frames its analysis using contemporary theories of globalization and the older concept of global sisterhood as a backdrop to the concept of transnational feminism. To assess the practical dimension of transnational feminisms, the analysis focuses on women's rights as a human rights movement and the transnationalization of Latin American feminisms. The article suggests that, although transnational feminisms (particularly feminist postcolonial theories) envision themselves in a new frame and (...) see themselves as committed to intersectional analysis and transversal politics, there are important gaps between the intentions (theory, tactics) and outcomes of their theory and practice. (shrink)

In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives (MSI), defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic legitimacy is (...) typically concerned with input legitimacy (rule credibility, or the extent to which the regulations are perceived as justified) and output legitimacy (rule effectiveness, or the extent to which the rules effectively solve the issues). In this study, we identify MSI input legitimacy criteria (inclusion, procedural fairness, consensual orientation, and transparency) and those of MSI output legitimacy (rule coverage, efficacy, and enforcement), and discuss their implications for MSI democratic legitimacy. (shrink)

As corporations are going global, they are increasingly confronted with human rights challenges. As such, new ways to deal with human rights challenges in corporate operations must be developed as traditional governance mechanisms are not always able to tackle them. This article presents five different views on innovative solutions for the relationships between business and human rights that all build on empowerment, dialogue and constructive engagement. The different approaches highlight an emerging trend toward a more active role for corporations in (...) the protection of human rights. The first examines the need for enhanced dialogue between corporations and their stakeholders. The next three each examine a different facet of empowerment, a critical factor for the respect and protection of human rights: empowerment of the poor, of communities, and of consumers. The final one presents a case study of constructive corporate engagement in Myanmar (Burma). Altogether, these research projects provide insight into the complex relationships between corporate operations and human rights, by highlighting the importance of stakeholder dialogue and empowerment. All the five projects were presented during the Second Swiss Master Class in Corporate Social Responsibility, held in Lausanne, Switzerland on December 12, 2008. The audience for this conference, which examined business and human rights, was composed of researchers, governmental representatives, and business and non-governmental organization practitioners. (shrink)

There has been a resurgence of interest in cosmopolitanism in contemporary political theory, based upon the hopeful premise that it heralds an ameliorative response to the malignity of sovereignty's lack and the treacherous violence of sovereignty's excess. The promise of cosmopolitanism inheres in the claim that state sovereignty is and should be supplemented by an international system backed by the legitimacy of international law, grounded in the sovereignty of human rights. Drawing upon Foucault and Agamben, my argument in this essay (...) is that the laudable endeavour of liberal cosmopolitans is flawed in two ways: first, cosmopolitanism cannot escape sovereign violence, because it cannot escape sovereignty; and second, cosmopolitans misconstrue the composition of the very sovereignty they aim to escape. This means that cosmopolitan theorists are unable to identify cosmopolitan practices of sovereignty that also entail forms of violence: cosmopolitan exception. Cosmopolitan exception denotes violent sovereign practices that cannot be differentiated from the protection of rights. (shrink)

Transnational dynamics have significantly changed established notions of communities and belonging. Transnational perspectives however remain marginal in research on European identities which has typically conceptualised the latter as emerging from and relying on essential national referents. Drawing on data derived from members of a transnational organisation promoting civic participation in Europe, this paper challenges existing representations of Europeanness by offering a new interpretive metaphor of networked identities. Findings suggest that through this schema members are able to construct and reimagine their (...) belonging along axes that often bypass national identification. Identities are constructed along a spatial dimension that challenges a stable core–periphery or bounded logic, instead dynamically reorganising hierarchies and bringing to the fore individual agency, fluidity and creativity. In this context we argue, from an emic perspective, that the network metaphor represents a powerful referent for imagining European identity as more dynamic, complex and processual than previously conceptualised. (shrink)

In his recent political writings, Habermas has opposed his cosmopolitan project to that of the Bushite neoconservatives. However, this article argues that in some respects Habermas's works come closer to the neoconservative agenda than he realizes and that this poses a potential danger of its being appropriated by precisely the camp he opposes. These problems particularly come to the fore in his analysis of Islamic fundamentalism, democracy and the Middle East, but also in his recommendations concerning UN-based internationalism and his (...) appeals to Woodrow Wilson. By tracking these problematic areas in Habermas's work, this article argues that Habermas needs to engage in a more carefully articulated, concrete and empirical analysis if he is to avoid these problems. (shrink)

Good (ethical and effective) global public leadership—by national politicians, intergovernmental and nongovernmental international organizational leaders, multinational corporate leaders, and technoscientists—will make a significant positive difference in our global system’s capacity to solve contemporary and futuristic global problems. High levels of social, economic, political, and ethical vision; expert communication; strategic thinking; and contextual and emotional intelligence by leaders and followers will be needed to interpret global problematic situations and contexts, determine the probable causal mechanisms at work in bringing about global problems, (...) and arrive at global, national, and local solutions. We live in dangerous times. For our globalizing—disseminating and converging—technologies present problems and system-destroying possibilities that challenge the common goods of all humanity, other species, and the biosphere. In these uncertain and complex times, the need for effective and ethical democratic leaders, advised by ethical and creative technoscientific leaders, is greater than ever. The contextual intelligence and other excellent (virtuous) qualities of these leaders, and the lack of bad leadership, will help our globalizing human societies avoid the greatest systemic dangers we face. (shrink)

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives and assesses the institutional characteristics of the Equator Principles Association from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of corporations, and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in which nation-states are virtually absent. We argue that (...) Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

The purpose of the present paper is to offer a Foucauldian critique of Habermas’s theory of law and democracy. Quite famously Habermas viciously attacked Foucault’s positions on law and power in modernity. Those attacks will be taken into consideration here in order to show some deficiencies in Habermas’s own reading of modern law and democracy. My suggestion is that the formal nature of Habermas’s communicative approach fails to take into adequate consideration the question of subjectivity formation. More precisely I will (...) demonstrate that Habermas’s own works show a troublesome ambivalence with regards to the possibility that individuals can participate as ‘unencumbered selves’ to the public life of their community. As a consequence his account turns a blind eye to certain dynamics of power in our society that a Foucauldian approach seems more apt to frame and explore. (shrink)

At times of crisis, existing institutional arrangements of societies are thrown into question. Crises that occur in multiple societies simultaneously present rare opportunities for comparative empirical analysis. Social theory can reveal the framing conditions of the responses to crises and the sources of variations between them. This paper compares the immediate responses of the Australian, UK and US governments to the global COVID-19 pandemic, particularly with regard to financing lockdowns, and points out significant differences between the three approaches. Drawing on (...) Polanyi’s method of institutional analysis, we compare the responses of these same national groups to an earlier crisis, the Japanese prisoner of war camps during the Second World War, to show similar patterns of integration recurring eight decades apart. This analysis shows that aspects of moral economies that are not usually apparent can become pronounced during crises, and points to the importance of enduring social imaginaries. (shrink)

Según cuentan algunos de sus colegas y discípulos, al momento de su temprana muerte, en 1993, Carlos Nino estaba comenzando a estudiar la posibilidad de trasladar sus teorías al plano internacional. En este trabajo pretendo retomar al menos un aspecto de aquel proyecto, preguntándome cómo hubiera trasladado Nino su teoría de la democracia al plano global. En otras palabras, intentaré especular respecto de cómo podrían insertarse las ideas nineanas en la discusión actual en materia de democracia global. Mi hipótesis es (...) que, por un lado, Nino habría reclamado la creación de nuevas instancias de participación popular en los procesos de creación e implementación del derecho internacional; pero a la vez, por otro lado, habría defendido el núcleo duro de la “constitución histórica” del derecho internacional, basada en un sistema interestatal y descentralizado. According to some of his colleagues and disciples, when Carlos Nino died, in 1993, he was beginning to work on a project trying to extrapolate his theories to the international realm. In this paper, I pick up at least an aspect of that project, and I analyze how Nino would have extrapolated his theory of democracy to the global arena. In other words, I speculate regarding how could Nino’s ideas be inserted into the current debates on global democracy. My hypothesis is that, on the one hand, Nino would have demanded new instances of popular participation in the processes of creation and implementation of international law, and on the other hand, that he would have somehow defended the “historical constitution” of the international community, based on an decentralized, inter-state system. (shrink)

The emergence of the European Union as an autonomous actor, to some degree independent of its member states, raises the issue of a common European identity. Nowadays, this identity is predominantly understood in universalistic terms. This is evident in Jürgen Habermas’ constitutional patriotism, which represents an attempt to integrate the EU on the basis of universal legal-political norms. This universalism is, however, problematic because identity is a relational notion and requires the constitution of a particular boundary. Although Habermas admits the (...) necessity of drawing a distinction between the inside and the outside, his universalistic approach, which ignores cultural aspects, prevents the marking out of a substantive boundary. By contrast, the article asserts the view that European identity can be delineated only in virtue of its being distinct from some concrete out-groups and that, in addition to the normative dimension, redefined as particular, such an identity must also include a value one. (shrink)

In recent years, the stakeholder approach has been widely applied in the debate on corporate social responsibility (CSR). Although many authors of this approach have reviewed many elements of the model, they have unconditionally accepted several criteria assumed by Freeman ( 1984 ) to identify stakeholders. In general, stakeholder authors have assumed that (a) the company establishes dyadic relationships with other agents, and (b) decisions made by a company only have foreseen and direct effects on other agents. These criteria have (...) enabled researchers to understand simple processes. However, they have also prevented researchers from explaining how action comes about, and how responsibility is shared, in many complex processes taking place in contemporary societies. Such complex processes involve many agents, and each decision can generate unexpected effects which accumulate or disseminate. Furthermore, the normative structure governing these processes can affect and/or be affected by the actions of agents. In this study, we propose new criteria to expand the stakeholder model and facilitate the study of CSR in such processes. (shrink)

For the most part, current reflections on the social seem to overemphasize either homogeneity (society/nation-state, modernization/globalization) or heterogeneity (sociality, cosmopolitanism). Against this, here the argument is put forward that it is appropriate to think of the social as consisting of aspects of homogeneity or shared frames of reference and aspects of heterogeneity at the same time. This thought is developed particularly in contrast to normative concepts such as Bauman's sociality—republicanism nexus or Beck and Grande's ideas on European cosmopolitanism. With the (...) help of concepts such as sociation, glocalization and conflict, a basis will be developed for the elaboration of particular socials (e.g. Europe) as a general social theory. This avoids falling into normative traps, which are usually risky when starting out from a historical particularity to explain current and future structures and features of notions such as European society. (shrink)

ABSTRACT This paper focuses on the potential societal function of Wikipedia beyond serving as an encyclopedia. That is, it assesses both theoretically and empirically whether talk pages – Wikipedia discussion sites that accompany the encyclopedic entries and provide spaces for debates among Wikipedia editors – may function as transnational public spheres. Despite the increasing number of studies on citizen engagement and participation in the age of social media, Wikipedia as an example of the participatory internet has received little research attention (...) in this regard. This study redresses this research gap in two steps. Drawing on Habermas’ concept of the public sphere and Fraser's and Eriksen's modifications thereof, Wikipedia's – specifically the TPs’ – modus operandi is explored to evaluate whether TPs may serve as spaces for transnational political opinion formation. This theoretical exploration is complemented with an empirical assessment of a TP dedicated to the EU. The case study addresses if/to what degree Wikipedia editors have appropriated the TP to function as a transnational public sphere. Findings indicate that Wikipedia TPs can – and do – serve as general transnational public spheres. (shrink)

There exists a standard view of Kant’s position on global order and this view informs much of current Kantian political theory. This standard view is that Kant advocates a voluntary league of states and rejects the ideal of a federative state of states as dangerous, unrealistic, and conceptually incoherent. This standard interpretation is usually thought to fall victim to three equally standard objections. In this essay, I argue that the standard interpretation is mistaken and that the three standard objections miss (...) their target. Kant does advocate the establishment of a non-coercive league of states, at least in his mature political writings (such as Perpetual Peace and the Metaphysics of Morals), but he does so for different reasons than is usually thought and without rejecting the ideal that a world federation of states eventually be realized. I end by indicating how Kant’s revised view can be made productive for present-day philosophical purposes. (shrink)

At the heart of the Israeli-Palestinian conflict rages a struggle between two foundational tragedies: the Jewish Holocaust and the Palestinian Nakba. The contending ways in which both events are commemorated is a known feature of the conflict. Less known are marginal attempts to jointly deliberate on them. This article draws on such attempts to theorize a postnational conception of memory. Deliberating on the Holocaust and the Nakba, it argues, challenges the way nationalism structures ‘our’ and ‘their’ relationship to the past. (...) While nationalism seeks the congruence of memory and territory, postnationalism challenges this congruence. Doing so entails extending the communicative bounds of memory beyond national members, disrupting the territorialization of memory along national lines, and critically revising national narratives in light of a cosmopolitan memory. The article explores these three dimensions and offers a typology that differentiates the way nationalism and postnationalism mediate our relationship to the past. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (shrink)

Architecture has become an important discourse for new expressions of post-national identity in general and in particular for the emergence of a `spatial' European identity. No longer tied to the state to the same degree as in the period of nation-building, architecture has become a significant cultural expression of post-national identities within and beyond the nation-state. The article looks at four such discourses, first, taking the Millennium Dome in London and the Reichstag in Berlin, we show that architecture can express (...) in a reflexive way contested and ambiguous national identities; second, the case of architecture in post-communist European societies illustrates the dual identity of architecture as a project of building and of re-building; third, the EU's search for a cultural form is discussed with respect to the architectural designs on the Euro banknotes; and finally the question of architecture as a relation to a lived space is considered with regard to cityscapes as yet another expression of a tendentially spatialized European identity. (shrink)

Education is oftentimes understood as a deeply ethical practice for the development of the person. Alternatively, education is construed as a state-enforced apparatus for inculcation of specific codes, conventions, beliefs, and norms about social and political practices. Though holding both of these beliefs about education is not necessarily mutually contradictory, a definite tension emerges when one attempts to articulate a cogent theory involving both. I will argue in this paper that Habermas’s theory of discourse ethics, when combined with his statements (...) on constitutional democracy and law, manifests this tension for formal education. Through a contrast with Dewey’s social-liberal view of education on the one hand, and the procedural liberalism and its associated view of education, common to Rawls and others writing in the contemporary Anglo-American tradition on the other, the questions of what this means for education and why it matters are raised and addressed. (shrink)

Neo-liberalism is not working but carries on regardless. A society and all of its institutions modelled on market logics and imperatives has produced system crisis and has lost widespread popular support. To account for neo-liberalism’s continuing grip, we must submit this project to ideology critique. Max Horkheimer offers some relevant insights into what this requires. Ideology critique needs to come up with a competing measure of progress, it has to demonstrate why this ought to be the standard and it needs (...) to expose the means by which this alternative is blocked. This article suggests that the normativity that underpins a social democratic project is best placed to prosecute these key tasks in a neo-liberal and historicizing age. It draws upon two major accounts of the ideological battlefield that has been staked out between neo-liberal and social democratic projects, looking to Wolfgang Streeck and Michel Foucault to identify the cultural resources that are available to, and the blocking strategies that have to be negotiated by, ideology critique in neo-liberal times. Finally it, turns to György Markus’s fine-grained and critical reading of the tasks of ideology critique outlined by Karl Marx. This section puts ideology critique into dialogue with a social democratic normativity in order to better consider the traction of ideology critique in a neo-liberal age. (shrink)

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...) may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between law and morality, and has even been tempted by natural law arguments in developing his theory of jurisprudence (see Part IV), Kelsen is more receptive to arguments drawn from legal and political realism. Yet Habermas is hardly oblivious to these arguments, as can be seen from his recent acknowledgment that human rights that secure subsistence and development depend on ‘global domestic policy’ for their full enjoyment. This acknowledgment, I submit, brings Habermas’ legal philosophy closer to Kelsen’s monistic view that a supranational human rights regime must regulate political as well as purely legal matters (Part III). Given this stronger analogy between domestic and global institutions of governance, I argue (Part IV) that a global human rights regime must also incorporate features of constitutional review. Conceding this point, however, raises further questions about the insulation of international law from so-called extra-legal (political) influences. I conclude that not only do multicultural differences in understanding human rights (conflicts between legal paradigms) generate political problems for international courts but so do competing subsystems of international law. (shrink)

Identity and democracy and, more particularly, national identity and deliberative democracy account for a controversial relationship. However, from a classical deliberative democratic point of view, the controversy over who is the ‘we’ that needs to stand together in contemporary complex societies settled with the constitution of modern states. In this sense, the main contribution of this paper is twofold. On the one hand, I rebut the analytical appropriateness and conceptual coherence of Habermas’ discursive approach to democracy for the case of (...) plurinational societies in contemporary constitutional democracies. A discussion of a test case – Catalonia – demonstrates that this inadequacy renders incoherent the deliberative model regarding one of its most fundamental premises: the equal weight of the principles of law and the principle of democracy. On the other hand, I sustain that the challenge is not about identity but democracy, and more particularly, about the role deliberative democracy is called to play when controversy challenges whether the people of a state do conform to a single people or not. More concretely, I explore the opportunities offered by the systemic turn to sustain a more realistic approach to deliberative democracy regarding its capacity to steer society towards integration in the context of the system of public deliberation. (shrink)

Introduction: A Theory of Democracy and Justice.

This article argues that democratic deepening is shaped by shifting civil society-state relations that can only be understood by disaggregating democratic deepening into its component parts of participation, representation, and stateness. This frame is used to explore the divergent democratic trajectories of Brazil, India, and South Africa. Through the examples of local government transformation and social movement mobilization, I argue that a “project” civil society in Brazil has deepened democracy and transformed the state. In contrast, in South Africa and India (...) civil society is increasingly being subordinated to political society. In South Africa, an active civil society has largely been sidelined as a politically consequential actor (containerization) and in India much of civil society has been fragmented and instrumentalized (involution). (shrink)

Based on the ideas of two main representatives of the academic discourse on Ubuntu, Michael O. Eze and Mogobe B. Ramose, the paper shows how the concept of Ubuntu can contribute to transcending conventional concepts of cosmopolitanism. Referring to the concept of Ubuntu, Ramose and Eze criticize ‘Western’ concepts of cosmopolitanism because they always seem to start from binary oppositions (‘I’ and ‘other’), which must be reconciled. ‘Western’ cosmopolitanism continues to build on boundaries (nations, cultures, etc.) that constitute communities and (...) exclude the ‘other’. Here the boundary remains a place of exclusion. Therefore, it is necessary to conceptualize categories such as ‘boundary’ and the ‘Other’ in a different way. Ubuntu as a concept where the human being is essentially a relational being (one who exists in and through relationships) seems to offer an alternative in the sense of a ‘critical’ (Mignolo, 2002a) or ‘emancipatory’ cosmopolitanism. (Pieterse, 2006; Ngcoya, 2015). (shrink)

If Europe wants to overcome its current crisis, it urgently needs to develop a new political vision and a new concept for political integration. By focusing on the idea of a cosmopolitan Europe, this article outlines such a political vision for Europe. To this end, it first suggests reformulating the concept of cosmopolitanism in such a way that it is not tied to the ‘cosmos’ or the ‘globe’. With the aid of such a generalized concept of cosmopolitanism it then presents (...) a novel, cosmopolitan approach to European integration that is no longer concerned with harmonizing rules and eliminating (national) differences, but with recognizing them. Finally, it outlines a new, post-national model of democracy for Europe that no longer disenfranchises citizens and instead gives them an active role in European decision-making processes. (shrink)

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (shrink)

Moral foundations theory (MFT) proposes the existence of innate psychological systems, which would have been subjected to selective forces over the course of evolution. One approach for evaluating MFT, therefore, is to consider the proposed psychological foundations in relation to the reconstructed Environment of Evolutionary Adaptedness. This study draws upon ethnographic data on nomadic forager societies to evaluate MFT. Moral foundations theory receives support only regarding the Caring/harm and Fairness/cheating foundations but not regarding the proposed Loyalty/betrayal and Authority/subversion foundations. These (...) latter two proposed foundations would seem to reflect the historical classic assumptions of modernity, involving self-interest, competition, individualism, hierarchy, authority and so forth. Studying the ethical dimensions of nomadic forager societies can highlight our biases about the foundations of morality, some of which may be steeped in particularist Western political and social traditions. Some recent developments from cosmopolitanism are discussed as an alternative evolving worldview that parallels nomadic forager ethos. (shrink)

The two notions of “globalization” and “knowledge society” are often assumed to be relatively neutral descriptions of contemporary social and cultural developments, although they are embedded in discourses on power and domination. In this paper the argument is made that both these notions can be understood as expressions of an ideology of neo-colonialism and that they assume an ethnocentric or Eurocentric bias rather than being neutral descriptions of the “natural” unfolding of social and political changes. The thesis of the “knowledge (...) society”, in particular, needs to be demythologized as a vehicle for the rebirth of nations and regions in the context of increasing global challenges. A critical perspective such as this is a desired complement to the otherwise glossy versions of the future of “knowledge work” and “creative work” based on a doctrine of “fundamentalism of education”. The critical understanding of contemporary regimes for knowledge, learning and education on the international scene provide a necessary counterpoint to the dominating political and educational discourses advocating the advent of “knowledge society”. (shrink)

This article traces certain rhetorics of knowledge-change as well as a few models of such change. In particular, it focuses on models that emphasize novelty and sudden transformation. To this end, the works of Thomas Kuhn, and the debates surrounding his celebrated modeling of the paradigm, are explored. Having established – at least in an illustrative fashion – the role of novelty in Kuhn’s philosophy of science, we then look more briefly at the mid-career work of Michel Foucault (his Order (...) of Things and the Archaeology of Knowledge ), and the debate between Jürgen Habermas and Jean-François Lyotard to find (in Foucault’s case) analogies with the earlier models and debates surrounding Popper and Kuhn, and then (in the Habermas/Lyotard discussion), to see how revolutionary and reactionary status count in assigning value to models of knowledge. In all these inquiries, we seek less to criticize particular theorists (that has already been done) than to understand a dominant strand of understanding of knowledge and knowledge-change in the contemporary academy. (shrink)

This article addresses the character and potential of the radical cosmopolitanism that is currently flourishing within the social sciences. I explore how cosmopolitanism is articulated in a number of disciplines–including international law, international relations, sociology and political philosophy–and how it conceives of its own age. I focus first of all on the timeconsciousness that informs the cosmopolitan representation of modernity, in particular its projection of a rupturebetween the old ‘Westphalian’ order of nation states and the advancing cosmopolitan order of the (...) present, and, second, on the nature of cosmopolitan critiques of nationalism, socialism and ‘modernist’ social and political thought in general. Behind this focus lie a question over the extent to which cosmopolitanism replicates in its own normative proposals the defects of that which it criticizes, and another question over the means by which the critical kernel of contemporary cosmopolitanism can be separated from its doctrinal shell. (shrink)

This article addresses the issue of future cosmopolitanism, building on a minimal reconstruction of what cosmopolitanism has been in the past. It will elucidate the notion of ‘political’ cosmopolitanism in its relation to a certain methodological option which is designated by the shorthand term ‘judgment’. Cosmopolitanism is not a new idea but a new version of it is constituted by ‘political’ cosmopolitanism, bound up with a judgmentbased, as opposed to principle-based, understanding of normativity.

Legal and political philosophers of a normative bent face an uphill struggle in keeping themes of global justice and cosmopolitan governance, at the forefront of their disciplinary debate, given the perceived urgency of confronting, at the domestic level, the populist upsurge in mature democracies and “democratizing societies” alike. In this paper, these two levels of analysis—national and transnational—mutually enrich one another through a reflection on the ground of legitimacy. In the first section, neo-perfectionist approaches to the legitimation of transnational authority (...) and public reason approaches rooted in the paradigm of “political liberalism” will be contrasted. In the second section, a non-perfectionist and normative conception of the legitimacy of transnational authorities will be derived from Rawls’s “liberal principle of legitimacy” and the difference with the application of the same principle at the domestic level will be elucidated. In the third section, on the basis of such conception, one of the most complete and influential approaches to the legitimacy of transnational authorities—i.e., the “Complex Standard of Legitimacy” expounded by A. Buchanan and R. Keohane in “The Legitimacy of Global Governance Institutions”—will be critically assessed. (shrink)

Abstract: Michael Walzer and David Miller defend the authority of democratic states to determine who will be allowed entry and membership. In support of this view they have claimed that the domestic solidarity necessary for social justice is threatened by the unregulated influx of outsiders. This empirical thesis proves to be false when applied to the United States, where heavy Latino and Latina immigration is more likely to increase civic solidarity than to diminish it. Seen in this light, the positions (...) of Jürgen Habermas and Carol Gould, giving human rights priority over democratic sovereignty in decisions about membership, cannot be criticized as utopian. Liberal philosophers can also defend open borders as a way to give oppressed peoples representation inside powerful countries where state decisions often threaten access to essential resources and basic freedoms in their home countries. (shrink)