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...

Effects of globalization have amplified the magnitude and frequency of corporate abuses, particularly in developing economies where weak or absent rules undermine social norms and principles. Improving multinational enterprises’ (MNEs) ethical conduct is a factor of both the ability of firms to change behaviors in the direction of the moral good, and their willingness to do so. Constraints and enablers of a firm’s ability to act ethically emanate from the external environment, including the industry environment of which the firm is (...) a resident, and the host country environment in which it operates. A firm’s willingness to engage in ethical conduct is determined by the effective bundling of internal resources and the commitment of those resources to social ends. The interaction of external and internal conditions carves out categories of expected firm behaviors and suggests interventions that would push these behaviors in a more positive ethical direction. With reference to integrative social contracts theory (ISCT), these categories of firms are examined, and a conceptual model for analysis is developed to explain the drivers of corporate choices in the adoption and implementation of codes of conduct, and the relative power of relevant communities to the process. (shrink)

ABSTRACT:I here advance a critical research agenda for the political perspective of corporate social responsibility (Political CSR). I argue that whilst the ‘Political’ CSR literature is notable for both its conceptual novelty and practical importance, its development has been hamstrung by four ambiguities, conflations and/or oversights. More positively, I argue that ‘Political’ CSR should be conceived as one potentialformof globalization, and not as aconsequenceof ‘globalization’; that contemporary Western MNCs should be presumed to engage in CSR for instrumental reasons; that ‘Political’ (...) CSR should be associated with a corresponding ‘political’ model of corporate governance; and that both a ‘Rawlsian’ and ‘Habermasian’ perspective of Political CSR are different from ‘Political’ CSR. In concluding, I use these four critiques to identify a number of areas within which increasingly robust and sophisticated positive and normative theories of Political CSR are required. (shrink)

Against the well-established critical rejection of rights a growing literature in the tradition of agonistic democracy asserts their emancipatory role in the struggles for social change. However, agonistic theorists, invested as they are in the idea of democratic innovation as a process of gradual ‘augmentation’ of existing rules, institutions and practices, fail to account for the ruptural capacity, and hence for the full radical potential, of rights. Using the performative approach, I develop a conception of rights claiming as a defiant (...) practice to express the ruptural dimension of certain forms of rights politics. I demonstrate how defiant rights claiming articulates immanent critique by declaring the incapacity of putative duty-bearer institutions and governments to uphold the claimed right due to structural constraints, thereby generating inevitable contradictions within the extant order and creating the necessity for an alternative one. Moreover, in order to fully capture the emancipatory potential and creative capacity of rights, this article argues for understanding certain forms of rights politics both as augmentation and rupture, taking the two to be different dimensions of the same radical democratic practice. I present the creative use of rights discourse by the Landless Workers’ Movement in Brazil and the transnational network of agrarian movements, La Via Campesina, as precisely such a combination of the practice of augmentation and defiant claims, which has led to the transformation of the right to food and land into the right to food sovereignty, demonstration of the structural embeddedness of rights violations in the existing global regime of food production and distribution, and authorisation of an alternative vision of the future. (shrink)

Habermas’ cosmopolitan project seeks to transform global politics into an emancipatory activity in order to compensate for the disempowering effects of globalization. The project is traced through three vicious circles which stem from Habermas’ commitment to intersubjectivity. Normative politics always raises a vicious circle because politics is only needed to the extent that an issue has become problematized through want of intersubjective agreement. At domestic level Habermas solves this problem by constitutionalizing transcendental presuppositions that political participants cannot avoid making. This (...) fix will not work at the global level because it is pre-political as between human individuals. Habermas therefore premises cosmopolitics on the transformation of nation-states into sites of participatory politics, engagement in which will eventually ignite a global cosmopolitan consciousness. This transformation depends on the constitutionalization of existing UN structures and their enforcement of an undefined and ‘uncontroversial’ core of human rights. Unable to ground this project in social practice, Habermas eventually disregards his own lodestar of intersubjectivity based in social practice by relying on the prediscursive concept of human dignity. This move is not merely philosophically inconsistent; it also opens the door to the moralization of politics and the imposition of human rights down the barrel of a gun. (shrink)