Kevin Gray,Kafumu Kalyalya | : In this paper we challenge the role of consent in the global order by discussing current modes of international law making in the global order. We contend that the features of state consent in international law depart substantially from those assumed by theorists of the liberal order, who subscribe, in most cases, to the realist conception of state action. We argue, against those theorists, that state consents to coercive measures, and the state’s role in carrying (...) them out, has ceased to be central to an account of global law. We conclude that international law—often thought of as law beyond the state—now has expanded its scope to reach individuals and corporations, and that this change has important ramifications for theories of global justice. | : Dans cet article, nous interrogeons le rôle de l’accord dans l’ordre global en discutant les modes courants de constitution des lois internationales au sein de cet ordre. Nous prétendons que les fonctions de l’accord étatique en loi internationale s’écartent substantiellement de celles assumées par les théoriciens de l’ordre libéral, qui souscrivent, dans la plupart des cas, à la conception réaliste de l’action étatique. Contre ces théoriciens, nos posons que l’État consent à des mesures coercitives, et que le rôle de l’État d’effectuer celles-ci a cessé d’être central dans l’explication de la loi globale. Nous concluons que la loi internationale – souvent pensée comme une loi hors de l’État – a maintenant étendu son spectre jusqu’aux individus et corporations, et que ce changement a d’importantes ramifications que les théories globales de la justice devraient considérer. (shrink)

This paper argues that cosmopolitan law has been more successfully achieved not by appeal to a supra-state authority or community, but by the development of features of existing treaty law. Specifically, it shows how the International Criminal Court's jurisdiction over serious human rights violations has been extended to the citizens and territories of non-member states – and even to otherwise immune state officials – not by challenging the sovereignty of non-member states directly, but on the basis of member states’ own (...) territorial sovereignty and the universal jurisdiction which they delegate to the Court and to the United Nations Security Council. In light of this, the authors argue that cosmopolitanism is better conceived not as invoking an independent sense of global community that supersedes and constrains state sovereignty, but as an immanent, contingent and creative development of statist criminal law itself, rooted in its principles of state sovereignty. (shrink)

This paper examines Derrida's treatment of the quasi-transcendental structure of hospitality, particularly as it pertains to religious traditions, conceptions of human rights, and modern secularism. It begins by looking to the account Derrida presents in 'Hostipitality', focusing especially on his treatment of the work of Louis Massignon. It then proceeds to an exploration of Kant’s concept of cosmopolitanism and some of its contemporary descendants before returning to Derrida’s treatment of hospitality by way of his critique of this Kantian heritage. The (...) paper argues both that religious traditions exhibit (though, perhaps, often not explicitly) the kind of structures of openness to difference to which Derrida’s notion of hospitality refers, and that modern Western conceptions of secularism too easily preclude understanding and fostering those aspects of religious traditions which can contribute to more peaceful coexistence in pluralistic environments. (shrink)

For at least the last twenty years, philosophers have attempted various strategies for reviving the Hegelian notion of recognition and redeploying it in discourses centered around social justice, including multiculturalism, feminism, race theory, and queer theory. Hegel’s master-slave dialectic may seem like an obvious place to start to analyze the oppression of one group by another. Given that Hegel is not literally talking about slaves, however, but a stage of consciousness, indeed the onset of self-consciousness, we might wonder why his (...) notion of recognition has become so important to these contemporary discourses on oppression. One reason is that the Hegelian model of recognition proposes that.. (shrink)

This essay provides a theoretical and methodological introduction to the writings of Vinciane Despret. Over the last twenty years Despret has contributed a significant number of books and articles in the fields of philosophical ethology and animal studies, and throughout them all Despret's methodological approach resists easy explanation. There is no single, uni- versal method applicable to all animals, in every situation; instead, Despret responds with an open curiosity to the plurality of animal worlds and the storied versions about them. (...) She studies and works with animals just as much as with scientists, farmers, and conserva- tionists. Taking joy in the diversity of animal behaviour, she creates conditions that allow animals to be interesting, and finds humour, warmth, and care in the stories that they tell. Through the practices of human–animal relations Despret contends that humans are transformed, in their thought just as much as in their practices, as much as animals are transformed. This ess.. (shrink)

Past justifications of free expression rely on the crucial role speech plays in deliberative democracies and respecting persons. Beneath each of these justifications lies the common goal of creating greater justice for individuals and groups. Yet 20th century political liberalism limits the kinds of arguments that ought to motivate political decisions. In this paper I explore how an inclusive political decision-making process can bring about a more just world. By relying on personal views and compassion rather than impartiality and reasonability, (...) political actors can engage in a discourse that results in greater understanding among persons and lasting community change. (shrink)

In this paper, I present a parallel between Schopenhauer, who argues that a purely rational being would see life as meaningless suffering and therefore refuse to inflict existence on a new generation of humans, and economist Lester Thurow, who argues that it is irrational to care about what happens to the world after one's own death, even if this means the extinction of the human species. I show first how these attitudes stem from an orientation that judges life in terms (...) of pleasure and pain. Then, with reference to an article by Amien Kacou, I seek to refute this orientation, showing how a conscious being that actually saw pleasure as its highest good would likely become miserable - or, conversely, that the only way for such a being to actually experience pleasure would be for it to see justice as more important than its own individual satisfaction. I conclude with some reflections on what this means in terms of Nietzsche's statement "God is dead," and what ramifications it has on the current ecological crisis. (shrink)

Although Hannah Arendt is not known as an advocate of nonviolence per se, her analysis of power dynamics within and between groups closely parallels Gandhi’s. The paper shows the extent to which her insights are compatible with Gandhi’s and also defends her against charges that her description of the world is overly normative and unrealistic. Both Arendt and Gandhi insist that nonviolence is the paradigm of power in situations where people freely consent to and engage in concerted action, and both (...) argue that power structures based on violence and coercion will ultimately fail, because the resort to violence implies an inability to gain free consent or cooperation. Any gains from violence are temporary, since agents will express themselves freely as soon as force is withdrawn. Arendt argues that dominating powers know this, and therefore rely on manipulation, propaganda, and outright lies to win people’s consent, an analysis which can be used to explain some current social dynamics. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of (...) Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

This article questions the status of Vattel's Law of Nations as an exemplary illustration of eighteenth-century developments in the history of international law. Recent discussions of the relation between eighteenth-century thinking about the law of nations and the French Revolution have revived Carl Schmitt's contention about the nexus between just war theory and the emergence of total war. This evaluative framework has been used to identify Vattel as a moral critic of absolutism who helped undermine the barriers against total war, (...) as well as an architect and defender of those very barriers. Neither of these opposing readings is corroborated by late-eighteenth-century commentators on Vattel's treatise. To its late-eighteenth-century critics and defenders alike, Vattel's Law of Nations was distinguished by the weakness of its derivation of the law of nations from principles of natural law. Insofar as these readers did link Vattel to justifications of relatively unrestrained forms of warfare, they did so in connection with the perceived weakness of Vattel's moral position rather than with its strength. This late-eighteenth-century consensus on the defining features of Vattel's approach to the law of nations sits uncomfortably with Schmitt's evaluative framework, and indeed with other assessments of Vattel that limit themselves to orienting his treatise along fault lines in the historiography of international law. (shrink)

In recent decades, a ‘realist’ alternative to ideal theories of politics has slowly taken shape. Bringing together philosophers, political theorists, and political scientists, this countermovement seeks to reframe inquiry into politics and political norms. Among the hallmarks of this endeavor are a moral psychology that includes the passions and emotions; a robust conception of political possibility and rejection of utopian thinking; the belief that political conflict — of values as well as interests — is both fundamental and ineradicable; a focus (...) on institutions as the arenas within which conflict is mediated and contained; and a conception of politics as a sphere of activity that is distinct, autonomous, and subject to norms that cannot be derived from individual morality. For political realists, a ‘well-ordered society’ is rarely attainable; a modus vivendi without agreement on first principles is often the only practical possibility. Not only will ‘full compliance’ never be achieved, but also it is an assumption that yields misleading accounts of political norms. While realists offer a number of compelling criticisms of ideal theory, there are some lacunae in their stance. It is not yet clear whether realism constitutes a coherent affirmative alternative to idealism. Nor have realists clarified the extent of conflict that is consistent with political order as such. And because both sides accept ‘ought implies can’ as a constraint on the validity of political norms, much of the debate between realists and idealists revolves around deep empirical disagreements that are yet to be clarified. (shrink)

This paper draws attention to the potential pitfalls and possibilities of a new cosmopolitanism. The first part of the paper briefly portrays cosmopolitanism as a name and metaphor for a way of life, an ideal and an outlook. The second part, however, discloses a paradoxical attribution of the metaphor, revealing the ways in which it assumes something which it is not. The third part of the paper further explores the powers of this paradox, arguing that the new cosmopolitanism can be (...) seen as a riddle that surprises, bewilders and educates: The surprise is in the deviation from current and most common ways of speech. The bewilderment happens as the mantra of cosmopolitanism is bringing together logical opposites, jumbling categories and disturbing pre-existing modes of thought. The educational work of cosmopolitanism thus occurs as a violation of the cognitive framework and logical categories generating our very modes of learning. The vital work of the new cosmopolitanism is therefore in the ways in which it creates epistemic ruptures, recasts our mental categories, generates radically new modes of learning, and thus completely new ways of experiencing, seeing and knowing a world of change. But what are the potential pitfalls and possibilities of a discourse jeopardizing the very vision of the social world, and thus the world itself? (shrink)

In an engaging and provocative paper, Linda Trevino and Gary Weaver spell out the differences between the methodological approach characteristic of the natural sciences on the one hand and that of normative inquiry on the other (Trevino and Weaver, 1991). Near the end of their paper they raise a haunting question that will have increasing significance as the management literature in ethics evolves: namely, “Can the two approaches be integrated?”As C. P. Snow (1962) noted, no one can deny either the (...) stark differences between the two worlds of normative and empirical inquiry, or the mutual suspicion shown by their inhabitants. The methodology of natural science implies a non-normative, thoroughly descriptive vision of the world in which reality awaits discovery by the scientist prepared to use increasingly sophisticated techniques. In contrast, the methodology of normative inquiry, i.e., that of traditional moral philosophy, implies a world-vision in which most important issues are allocated to ethics, where empirical pursuits are frequently trivial and always require ethical guidance, and where empirical theories contain normative presuppositions unrecognized as normative even by their scientific adherents. (shrink)

Abstract:Phillips and Margolis argue that moral philosophy is a poor basis for business ethics, but their narrow view of moral philosophy would exclude Aristotle, for one. They criticize me for assimilating states and organizations in using the Rawlsian device, but they put too much faith in Rawls’s distinction between states and voluntary organizations and pay too little attention to the continuities between them. Their plea for a conceptually autonomous ethics for organizations I interpret as reasonable and largely compatible with my (...) own stated opinion. (shrink)

ENGLISH ABSTRACT: This thesis is a philosophical exposition of violence informed by two theoretical positions which confront complexity as a phenomenon. These positions are complexity theory and deconstruction. Both develop systemsbased understandings of complex phenomena in which relations of difference are constitutive of the meaning of those phenomena. There has been no focused investigation of the implications of complexity for the conceptualisation of violence thus far. In response to this theoretical gap, this thesis begins by distinguishing complexity theory as a (...) general, trans-disciplinary field of study from critical complexity theory. The latter is used to develop a critique and criticism of epistemological foundationalism, emphasising the limits to knowledge and the normative and ethical dimension of knowledge and understanding. The epistemological break implied by this critique reiterates the epistemological shift permeating the work of, among others, Friedrich Nietzsche and Jacques Derrida. In this context, critical complexity theory begins to articulate the idea of violence on two levels: first, as an empirical, ethical problem in the system; and, secondly, as asymmetry and antagonism. Violence in this second sense is implicated in the dynamic relations of difference through which structure and meaning are generated in complex organisation. The sensitivity to difference and violence shared by critical complexity theory and deconstruction allows for the parallel reading of these philosophical perspectives; and for the supplementation and opening of critical complexity theory by deconstruction within the architecture of this thesis. This supplementation seeks to preserve the singularity of each perspective, while exploring the potential of their points of affinity and tension in the production of a coherent philosophical analysis of violence. Deconstruction offers a more developed understanding of violence and a wealth of related motifs: différance, framing, law, singularity, aesthetics and others. These motifs necessitate the inclusion of other philosophical voices, notably, that of Nietzsche, Arendt, Kant, Levinas, and Benjamin. In conversation with these authors, this thesis links violence to meaning, to its possibility, to its production and to the process by which meaning comes to change. Given these links, violence is conceptualised in relation to the notion of difference on three distinct levels. The first is the difference between elements in a complex system of meaning; the second is the notion of difference between systems or texts around which boundaries or frames can be drawn; and the third is the notion of difference between meaning and the absence of meaning. This discussion examines the relationship between this violence implicated in the constitution of meaning and the more colloquial understanding of violence as atrocity, as rape, murder and other socially, politically and ethically problematic expressions thereof. It is to empirical violence, following Derrida and Levinas, that we are called to respond and to intervene in the suffering of the other. The ethical and political necessity of response anchors this discussion of violence. And, it is towards the possibility of an adequate response – the possibility of an ethics sensitive to its own violence and a politics that is directed at the eradication of empirical violence – which this discussion navigates. (shrink)

This article engages the concept of hospitality as it relates to the maternal. I critically evaluate the current conceptions of hospitality by Emmanuel Levinas and Jacques Derrida, focusing on their dematerialized definition of the feminine found at the heart of hospitality, and Derrida's aporia of hospitality that deals with ownership. The foundation of hospitality, I show, is the maternal relation and its specific acts of hospitality that encompass the notions of gift and generosity. While remaining unthought in philosophy, however, maternal (...) acts of hospitality are appropriated when hospitality is defined as interiority, habitation, expectancy, and unconditional welcoming of the other within oneself. I argue that hospitality would remain Derrida's and his proponents' “impossible” ethic as long as it undercuts its own promise, does not fully think through its foundation in the maternal, and fails to welcome the mother unconditionally. (shrink)

The concepts of animal, human, and rights are all part of a philosophical tradition that trades on foreclosing the animal, animality, and animals. Rather than looking to qualities or capacities that make animals the same as or different from humans, I investigate the relationship between the human and the animal. To insist, as animal rights and welfare advocates do, that our ethical obligations to animals are based on their similarities to us reinforces the type of humanism that leads to treating (...) animals—and other people—as subordinates. But, if recent philosophies of difference are any indication, we can acknowledge difference without acknowledging our dependence on animals, or without including animals in ethical considerations. Animal ethics requires rethinking both identity and difference by focusing on relationships and responsivity. My aim is not only to suggest an animal ethics but also to show how ethics itself is transformed by considering animals. (shrink)

Cosmopolitans share the moral assumption that we have obligations and responsibilities to other people, near or distant. Today, those obligations and responsibilities are often connected with communication, but what is considered important for cosmopolitan communication differs between different thinkers. Given the centrality of communication in recent cosmopolitan theory and debate the purpose of this article is to examine assumptions about communication that are often taken for granted, and particularly the commonly held assumption that linguistic communication depends on shared or common (...) languages. It is primarily Donald Davidson's philosophy of language that provides the framework for my examination. I argue that there are several reasons for reconstructing our understanding of the nature of language and communication, and that shared languages play a much more limited role in communication than many communication theorists, cosmopolitans and educators have imagined. (shrink)

Any intelligent discussion of terrorism must demarcate its subject matter, for the term ‘terrorism’ is differently understood and where there is no accord on its meaning there is little chance for agreement on its application or normative status. The best course is to sketch a morally neutral definition that classifies as ‘terrorist’ as many widely-agreed upon cases as possible. Definitions that explicitly render terrorism illegitimate make classification contentious, and it is more informative to base moral assessment on an examination of (...) the case rather than through apriori stipulation. Most writers on the topic agree that terrorism is (i) a deliberate use or threat of violence, (ii) politically-motivated, and (iii) directed against non-military personnel, that is, against civilians or noncombatants. Taking these as the only essential features of terrorism, the simplest and more accurate reportive definition is this: Terrorism is deliberate, politically-motivated violence, or the threat of such, directed against civilians.1 By contrast, Ted Honderich describes terrorism as small-scale violence, driven by a political aim, that violates national or international law and is prima facie morally wrong. He thereby counts a good deal of resistance activity and guerilla warfare as terrorist, even when directed against military personnel, while excluding the large-scale military actions of governments. Of course, he may define the word as he chooses, but given its common.. (shrink)

In the last thirty years of his life Kant was preoccupied with the question of whether or not the "signs of progress" could be elicited from the vale of tears of the historical process. In what follows I am interested in the question of what kind of meaning Kant's historico-philosophical hypothesis of progress can have for us today. In order to provide an answer to this question, I make a distinction between system-conforming and system-bursting, or unorthodox, versions of historical progress. (...) This distinction is made in order to show that only system-bursting versions of progress can prompt us to confer contemporary meaning on Kant's philosophy of history as a learning process that is conflict ridden and without illusions. (shrink)

Deliberative or discursive models of democracy have recently enjoyed a revival in both political theory and policy practice. Against the picture of democracy as a procedure for aggregating and effectively meeting the given preference of individuals, deliberative theory offers a model of democracy as a forum through which judgements and preferences are formed and altered through reasoned dialogue between free and equal citizens. Much in the recent revival of deliberative democracy, especially that which comes through Habermas and Rawls, has Kantian (...) roots. Deliberative institutions are embodiments of the free public use of reason that Kant takes to define the enlightenment project. Within the Kantian model the public use of reason is incompatible with the use of rhetoric. While this paper rejects strong rhetorical criticisms of deliberative democracy which render all communication strategic, it argues that rhetorical studies of deliberation have highlighted features of deliberation which point to significant weaknesses in Kantian approaches to it. Two features are of particular importance: the role of testimony and judgements of credibility in deliberation; and the role of appeal to emotions in public discourse. Both from the Kantian perspective are potential sources of heteronomy. However, the appeal to testimony and emotion are features of public deliberation that cannot and should not be eliminated. For those committed to the enlightenment values that underlie the deliberative model of democracy the question is whether these rhetorical features of deliberation are incompatible with those values. The paper argues that they are compatible. It does so by defending an Aristotelian account of rhetoric in public deliberation which denies the Platonic contrast between reasoned discourse and rhetoric which the Kantian model inherits. (shrink)

This article offers a critical overview of a set of normative theories, namely Tianxia 天下 (all-under-heaven), whose purpose is to provide a renewed conceptual framework for the improvement of the world system. First, the article introduces the origins, main features, and differences within Tianxia, before discussing two major criticisms leveled against it. The article then argues that the most powerful parts of these criticisms come from the challenges posed against Tianxia’s legitimacy. The article elaborates on this and introduces two additional (...) challenges of the same kind which were not discussed before. While the article leaves open the question of whether Tianxia is a realistic utopia, it insists that meaningful discussion of Tianxia must take legitimacy challenges seriously. It ends with a discussion concerning whether China can be understood as a civilization-state and how this understanding affects Tianxia’s reception as a realistic utopia. (shrink)

Reflections on principle and prudence in the thoughts and actions of great thinkers and statesmen. Discussions of the place of moral principle in political practice are haunted by the abstract and misleading distinction between realism and its various principled or “idealist” alternatives. This volume argues that such discussions must be recast in terms of the relationship between principle and prudence: as Nathan Tarcov maintains, that relationship is “not dichotomous but complementary.” In a substantive introduction, the editors investigate Leo Strauss’s attack (...) on contemporary political thought for its failure to account for both principle and prudence in politics. Leading commentators then reflect on principle and prudence in the writings of great thinkers such as Homer, Machiavelli, and Hegel, and in the thoughts and actions of great statesmen such as Pericles, Jefferson, and Lincoln. In a concluding section, contributors reassess Strauss’s own approach to principle and prudence in the history of political philosophy. “Principle and Prudence in Western Political Thought contains a series of first-rate essays on a—if not the—central problem of political thought: how should and can abstract and general principles inform contingent, particularistic political life.” — Catherine H. Zuckert, coauthor of Leo Strauss and the Problem of Political Philosophy. (shrink)

I argue that lying in business negotiations is pro tanto wrong and no less wrong than lying in other contexts. First, I assert that lying in general is pro tanto wrong. Then, I examine and refute five arguments to the effect that lying in a business context is less wrong than lying in other contexts. The common thought behind these arguments—based on consent, self-defence, the “greater good,” fiduciary duty, and practicality—is that the particular circumstances which are characteristic of business negotiations (...) are such that the wrongness of lying is either mitigated or eliminated completely. I argue that all these “special exemption” arguments fail. I conclude that, in the absence of a credible argument to the contrary, the same moral constraints must apply to lying in business negotiations as apply to lying in other contexts. Furthermore, I show that for the negotiator, there are real practical benefits from not lying. (shrink)

The Walking Dead is a popular TV series depicting a catastrophic and violent world. After a pandemic that turns humans into zombies, we witness the collapse of civilization with all its institutions, the depletion of the resources, and the struggle to build a new world in the middle of the wars between surviving groups. It illustrates a world of literal and metaphorical homo homini lupus. Some people choose sheer survival, and others try to build a moral, civil world. In this (...) article, I propose a reading of this series from a Kantian perspective by employing his interrelated ideas on history, ethics, and politics. I claim that The Walking Dead represents the state of nature and the violence it contains, and illustrates the course of history toward a civil society as defined by Kant. (shrink)

Over the last decades, the proliferation of ICTs and capitalist markets has created a new social-historical reality for communication, production and societal organisation, while social inequality has deepened. In this context, alternative forms of organisation based on the commons have emerged, challenging the core values of capitalism. Within this new form of egalitarian and transnational collaborative networks, a new concept of social coexistence has been proposed: cosmolocalism. This article presents the genealogy of cosmolocalism and compares it to previous conceptual universalist (...) reconfigurations, namely cosmopolitanism and internationalism. While the current discourse on cosmolocalism focuses on production and distribution, its political dynamics and limitations remain unexplored. Our ultimate goal is to open a path of inquiry for further reflection and deliberation. (shrink)

The European ideals – as well as the idea of Europe per se – are faced with a serious challenge due to recent migration crisis: it is not just the reflexes, the effectiveness and the policies, but also the consistency, the principles and the justification of the notion of the European Union that is in stake. Kant’s concept of universal hospitality could probably provide a good way out of this conundrum: while hospitality has largely been viewed as a solidarity-related imperfect (...) duty towards others, that is, a less compelling duty that allows moral agents for certain latitude concerning the occasions and the degree of its implementation, Kant’s views allow for a totally different perspective, and, in my view, a much more philosophically nuanced one: hospitality might also be considered as an autonomy-based duty owed to others, and in this respect could count as a perfect, morally compelling duty. To the extent that the concept of Europe consists in humanitarian ideals that are based upon a strong philosophical humanistic tradition, I consider my claim to be in perfect harmony with the true spirit of Europe. (shrink)

The article considers the modern meaning of Kant’s doctrine of war. The author examines the context and content of the key provisions of Kant’s concept of perpetual peace. The author also reviews the ideological affinity between Kant and previous authors who proposed to build alliances of states as a means of preventing wars. It is noted that the French revolution and the wars caused by it, the peace treaty between France and Prussia served as the historical background for the conceptualization (...) of Kant’s project. In the second half of the 20th century, there is a growing attention to Kant’s ethical and political philosophy. Theorists of a wide variety of political and ethical schools, pay attention to Kant’s legacy and relate their own concepts to it. Kant’s idea of war is reconsidered by Michael Doyle, Jürgen Habermas, Ulrich Beck, Mary Kaldor, Brian Orend. Thus, Doyle tracks democratic peace theory back to Kant’s idea of the spread of republicanism. According to democratic peace theory, liberal democracies do not solve conflict among themselves by non-military methods. Habermas, Beck, Kaldor appreciate Kant as a key proponent of cosmopolitanism. For them, Kant’s project is important due to notion of supranational forms of cooperation. They share an understanding that peace will be promoted by an allied authority, which will be “governing without government” and will take responsibility for the functioning of the principles of pacification of international relations. Orend’s proves that Kant should be considered as a proponent of the just war theory. In addition, Orend develops a new area in just war theory – the concept of ius post bellum – and justifies regime change as the goal of just war. (shrink)

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)

The violence of the attacks on New York and Washington and the subsequent war in Iraq have brought to the fore the issue of citizenship virtue. This paper challenges nearly a generation of citizenship theorists who, by privileging discourse over other virtues, have impaired the capacity for a balanced political response to this event. It is argued that the removal of the virtue of courage from the model of good citizenship has resulted in a politics that either cannot suffer violence (...) when it is needed, or one that knows no boundaries to violence when it is employed. From an interpretation of Plato’s Laches, a model of citizenship—which is here called the Hunter-Philosopher — is explored that situates courageous citizenship between the unmitigated and unrestrained violence of the warrior on the one hand, and the irresolute, divisive speech of the sophist on the other. (shrink)

Despite the end of the Cold War and the ascendancy of liberal democracy celebrated by Francis Fukuyama as “the end of history”, a growing number of scholars and political activists point to its inherent shortcomings. However, they have tended to dismiss it on the basis of one or two of its salient weaknesses. While this is a justifiable way to proceed, it denies the searching reader an opportunity to see the broad basis for the growing rejection of liberal democracy among (...) African political theorists. Consequently, in this article, I argue that from an African perspective, the almost hegemonic status of liberal democracy can be challenged on at least five grounds, namely, logical inconsistency, impracticability due to the largely communalistic outlook of many africans, inconsistency between affirmation and action, violation of the right to ethnic identity, and the moral imperative to assert the right to cultural emancipation. -/- I conclude by calling upon African and Africanist political theorists to utilise indigenous African political thought, coupled with emancipatory aspects of political thought from other parts of the world, to design practicable models of democracy for contemporary African states. I further conclude that in order to promote genuine inter-cultural dialogue on democratisation, people from Western cultures ought to acknowledge the equality of all cultures, and to recognise that systems of governance are part and parcel of those cultures. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

Social contract theorists often take the ideal contract to be the agreement or bargain individuals would make in some privileged choice situation. Recently, experimental philosophers have explored this kind of decision-making in the lab. One rather robust finding is that the exact circumstances of choice significantly affect the kinds of social arrangements experimental subjects unanimously endorse. Yet prior work has largely ignored the question of which of the many competing descriptions of the original position subjects find most compelling. This paper (...) aims to address this gap, exploring how attractive experimental subjects find various characterizations of these circumstances of choice. We find evidence suggesting that no one choice situation can fulfill the role that social contract theorists have hoped it would play. We also find that, contrary to what some prominent social contract theorists have expected, there is no robust relationship between an individual’s ranking of distributive principles and their ranking of various descriptions of the original position. In conclusion, we discuss the broader implications of these results for political philosophy. (shrink)

ABSTRACTThis article is an introduction to a special issue on ‘Religious Toleration in the Age of Enlightenment’. It begins by characterizing the Enlightenment's attitude towards religion as an opposition to bigotry and ecclesiastic authority based on a particular interpretation of the European Wars of Religion. Then it acknowledges the problematic nature of the phrase ‘Age of Enlightenment’, which seems to push some of the most relevant eighteenth-century realities to the margins of history. Next, it challenges some common scholarly assumptions regarding (...) Enlightenment ideas on tolerance. In particular, it disputes that these ideas were essentially principled, secular, pluralist and liberal. By way of conclusion, this introductory article suggests that the Enlightenment's main contribution to the history of toleration is found not in the originality or subtlety of its ideas, but rather in the promotion of a new mentality according to which toleration came to be regarded as an essential feature of modern civilization. (shrink)

ABSTRACT:This article examines the place of Machiavelli’sPrincein the history of ethics and the history of leadership philosophy. Close scrutiny indicates that Machiavelli advances an ethical system for leadership that involves uprooting corruption and establishing rule of law. He draws on history and current affairs in order to obtain a realistic understanding of human behavior that forms a basis for a consequentialist ethics. While he claims a good leader might do bad things, this is in situations where necessity constrains a prince (...) to choosing the “least bad” course of action. Furthermore, Machiavelli advocates winning the goodwill of followers through leadership as a source of power. Machiavelli’s leadership ethics has a sophistication not fully enjoyed by his reputation in management scholarship. He would not score as especially “Machiavellian” on the Mach IV. Many of his ideas contain seeds for theories that are now considered important for leadership today. (shrink)

For Kant and many modern cosmopolitans, establishing the rule of law provides the chief mechanism for achieving a just global order. Yet, as Hart and Rawls have argued, the rule of law, as it is commonly understood, is quite consistent with "great iniquities." This criticism does not apply to a sufficiently robust, republican conception of the rule of law, which attributes a basic legal status to all persons. Accordingly, the pervasiveness of dominated persons without legal status is a a fundamental (...) violation of the rule of law. This legal status can be understood in Kant's sense as an original "right to freedom," one that is not derived from or acquired by membership in a community or from citizenship. The realization of this kind of legal status can already be found in the "cosmopolitan constitutions" of many democracies, which include rights of persons (and not just citizens) to habeas corpus and other statuses that protect those vulnerable to domination. In order that all persons have the appropriate institutional space within which to exercise the powers of persons to address and make claims, institutions such as human rights courts to which those who lack legal status can appeal and be recognized are necessary for a form of the rule of law that is adequate to current circumstances. (shrink)

In the work of Levinas, thought of the Other establishes an infinite responsibility and in that of Derrida's latest work an infinite duty of hospitality. Such thought nonetheless leaves a problem of judgement and decision. This paper uses the work of the French philosopher René Girard, and in particular his account of scapegoating, to critically discern between malign and benign otherness. It argues that a logic of undecidability needs an ethical hermeneutics capable of discerning between good and evil.

What is pragmatism's contribution, actual or potential, to contemporary International Relations theory and practice? Is there hope for constructing a pragmatist theory of International Relations? The author of this article takes up these questions by considering whether Barack Obama is a pragmatist in his handling of issues in international affairs. By examining a series of Obama speeches, the author teases out the raw material for a pragmatist theory of International Relations, demonstrating how the pragmatic practice of international diplomacy can inform (...) a pragmatist theory of International Relations. (shrink)

ABSTRACT The historical context of early post-Kantian debates on politics reveals the emergence of a new type of perfectionist ethics no longer based on the state-sponsored promotion of happiness, as the dominant German tendency in the eighteenth century had been, but on individual freedom. Post-Kantian perfectionism focused on maintaining and enhancing the conditions for rightful interaction among self-defining individuals. Rather than isolating and alienating, Kantian negative freedom enabled a new conception of social interaction based on the idea of right and (...) the progressive extension of rightful relations. Humboldt, Schiller, Fichte, and Marx exemplified this new approach, despite their differences. (shrink)

The paper entitled “Future Conflicts Are Inevitable: Causes of Interpersonal Conflicts According to Immanuel Kant and Thomas R. Malthus” is composed of four parts. The first part outlines the validity and importance of the issue of interpersonal conflicts, as well as the need to unveil their deepest causes. The second fragment is devoted to the vision of discord between people, developed by Immanuel Kant. The author emphasizes that, in the opinion of the German philosopher, due to the “unsociable sociability” of (...) people, one has to take into account the impossibility of eliminating conflicts from interpersonal relations. The next part presents the concept proposed by Thomas R. Malthus concerning the causes of conflicts. The author observes that the Anglican cleric, supplementing Kant’s reflections, identifies non-human conflict-generating factors, among which the key factor is an indelible shortage in the environment of goods and values desired by people. To summarize the reflections made, in the last part of the paper, the author emphasizes that in the light of Kant’s and Malthus’ observations, it seems easier to understand why the dream of building a world entirely free of interpersonal conflicts is a utopian idea. (shrink)

No single moral theory can instruct us as to whether and to what extent we are confronted with legal loopholes, e.g. whether or not new legal rules should be added to the system in the criminal law field. This question on the primary rules of the law appears crucial for today’s debate on roboethics and still, goes beyond the expertise of robo-ethicists. On the other hand, attention should be drawn to the secondary rules of the law: The unpredictability of robotic (...) behaviour and the lack of data on the probability of events, their consequences and costs, make hard to determine the levels of risk and hence, the amount of insurance premiums and other mechanisms on which new forms of accountability for the behaviour of robots may hinge. By following Japanese thinking, the aim is to show why legally de-regulated, or special, zones for robotics, i.e. the secondary rules of the system, pave the way to understand what kind of primary rules we may want for our robots. (shrink)