The suite of secretive national security programs initiated in the US since 9/11 has created debate not only about the merits of targeted killing, torture, secret detention, cyberwar, global signals intercepts, and data-mining, but about the very secrecy in which these programs were conceived, debated by government officials, and implemented. Law must be revealed to those who are expected to comply with its demands. Law is a mere pretext for coercion if the laws permitting the government to coerce people for (...) non-compliance are concealed. The purpose of this essay is to determine whether inhabitants of a liberal state—a type of state tracing the legitimacy of its coercive actions to the consent of the governed—also need to know the internal protocols and legal findings of the government agencies ostensibly serving them. To put this question another way, what, if anything, may government agencies in liberal states keep secret? (shrink)

A conception of global citizenship should not be viewed as separate from, or synonymous with, the cosmopolitan moral orientation, but as a primary component of it. Global citizenship is fundamentally concerned with individual moral requirements in the global frame. Such requirements, framed here as belonging to the category of individual cosmopolitanism, offer guidelines on right action in the context of global human community. They are complementary to the principles of moral cosmopolitanism — those to be used in assessing the justice (...) of global institutions and practices — that have been emphasised by cosmopolitan political theorists. Considering principles of individual and moral cosmopolitanism together can help to provide greater clarity concerning individual duties in the absence of fully global institutions, as well as clarity on individual obligations of justice in relation to emerging and still-developing trans-state institutions. (shrink)

This paper sets out a view of a General Jurisprudence that is needed to underpin the institutionalised discipline of law as it becomes more cosmopolitan in the context of “globalisation”, and considers its implications. Part I restates a position on the mission and nature of the discipline of law and of the role of jurisprudence, as its theoretical part, in contributing to the health of the discipline. Part II clarifies some questions that have been raised about this conception of General (...) Jurisprudence: (i) the implications of “globalisation”; (ii) The meaning of “General Jurisprudence” in this context; (iii) The relationship between Jurisprudence, Legal Philosophy, and social scientific approaches to law; and (iv) The significance of the idea of “non-state law”. Part III illustrates through concrete examples some implications for possible agendas and issues suggested by this model within the areas roughly characterised as analytical, normative, empirical, and critical jurisprudence, including critical analysis of the assumptions and presuppositions typically underpinning mainstream work in fields such ascomparative law, public international law, religious law, and socio-legal studies. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

Can I will that my maxim becomes a universal law? . . .It would be easy to show how common human reason, with this compass, knows well how to distinguish . . . what is consistent or inconsistent with duty. (Kant, Foundations, 403–4)How exactly is this compass to work? Cases bring out connected difficulties to do, (1), with whether ''social contexts'' are to be in or out of descriptions of actions maxims would have agents do – for example, ''disarming alone'' (...) and ''voting when enough others would even if one did not'', or ''disarming'' and ''voting'' simply; and, (2), with a seldom noticed ambiguity of ''everyone''s acting in accordance with a maxim'' and ''a maxim''s becoming universal law''. The paper argues dilemmatically for the inadequacy of Kant''s test for maxims consistent with duty whatever policy for social contexts and manner of maxims becoming universal laws it is said to invoke. (shrink)

In Minimal Morality, I develop a multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies that may include liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents. The theory takes its main inspiration from the moral theories of Hobbes (1651), Hume (1739/1740), and Kant (1785, 1795, and (...) 1797), and some of their contemporary followers, such as Rawls (1971) and Gauthier (1986). In its simplified form, the theory combines what I call traditional first-level morality with second-level pure instrumental morality and derives, in the form of the weak principle of universalization, a principle of conflict resolution that defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. I argue that, despite its ideal nature, this theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral pluralism, is unattainable. (shrink)

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

Traditionally, the management of technology has focused on the stages before or after development of technology. In this approach the technology itself is conceived as the result of a deterministic enterprise; a result that is to be either rejected or embraced. However, recent insights from Science and Technology Studies (STS) have shown that there is ample room to modulate technology during development. This requires technology managers and engineering ethicists to become more involved in the technological research rather than assessing it (...) from an outsider perspective. Instead of focusing on the question whether or not to authorize, approve, or adopt a certain technology or on the question of who is to blame for potential mistakes, the guiding question in this new approach is how research is to be carried out. (shrink)

ABSTRACTThe Imperative of Responsibility, by the German philosopher Hans Jonas, is a work that aspires to a re-foundation of ethics based on an analysis of the contemporary world as well as on a prediction about the fate of globalized humanity. Through a discussion of the fundamental concepts of Jonas’ work, the essay shows that the central themes of his research, which are still very relevant today, should be addressed by moving from the ethical level to that of ontology and social (...) ontology in particular. To this end, the paper offers a definition of transgenerational action that aims to replace Jonas’ use of prevision. The transgenerational action is here considered as a particular type of social action: that which enables societies to exist over time. Finally, the essay proposes an essential taxonomy of transgenerational actions, showing how working on this notion might lead to a consciously utopian and positive social model. (shrink)

Depending on the dissemination of discursive forms through linguistic practices as well as a particular change in our contemporary doxa, the development language of collective social improvement has been based upon a particular mode of ontological naturalism. In a renewed version of the ontological mode that Descola termed “naturalism”, international development has set social expectations in terms of a progressive future framed by violent ruptures, crises, perils and a threat actual of human annihilation. This paper investigates how this developmental enterprise (...) and the consequent ideology of “developmentalism” have further expanded a bi-polar ontology. Since its inception, it articulates two radical sets of possibilities: one of infinite progress for humankind and one of its total annihilation according to the well-known metaphysics of possibilism. First, I will show how the institutionalization of development goes hand in hand with the emergence of a new form of naturalism that accentuates extreme possibilities as results of human action. My main claim here is that, after World War II, science and technology radicalized naturalism through the institutionalization of a new ideology. By presupposing a new transformational capability of science and technology, developmentalism furthers the naturalistic ontology. (shrink)

_An in-depth look at the theory of solidarity of German philosopher Jürgen Habermas, serving also as a comprehensive introduction to his work._.

The essay "The Problem of Global Distributive Justice in The Law of Peoples by John Rawls" is concerned with the question of distributive claims of justice in the global realm. The conception of international justice developed by John Rawls in his book The Law of Peoples offers a very limited kind of distribution of goods beyond state borders, where the matter of the distribution of wealth is restricted to a single state. The Rawlsian point of view is frequently objected to (...) by proponents of so-called cosmopolitanism, like Thomas Pogge or Charles Beitz, who argue for globalizing Rawlsian justice as fairness. Five objections that may be raised against the Rawlsian idea of limiting the scope of distributive justice are analysed: the consistency problem; the status of the principles of the law of peoples; the method of justification; the self-sufficiency of states; and tolerance. (shrink)

An in-depth look at the theory of solidarity of German philosopher Jürgen Habermas, serving also as a comprehensive introduction to his work.

This paper offers two possible readings of the Earth Charter that are informed by current scholarship in the field of environmental politics. The first reading finds much in the document to suggest congruence with emerging discourses of cosmopolitanism and global environmental citizenship. The second reading, a more sceptical one, identifies aspects of the Earth Charter that seem more resonant with depoliticizing United Nations-style light green globalism than with an inclusive ethical vision of environmentalism. After setting out these two readings, I (...) argue that, although potentially undermining of its endorsability, thinking critically about problematic aspects of the Earth Charter is an exercise that may point in the direction of a cosmopolitan environmentalism that is less banal and instrumental and more dialogically open, reflexive, and democratic. (shrink)

This article tries to discuss the potential dangers of proposing a world order in the form of the morally based idea of perpetual peace as it is developed by Kant and further propagated by Habermas and Derrida. Drawing on a distinction between the Kantian idea of morality (Moralität) attributed to the internality of man via its theological connection with god and an idea of ethics akin to Aristotelian and/or Hegelian notions (ethos or ethical life – Sittlichkeit), the article posits the (...) question of the role of morality in the formation of the idea of perpetual peace. While doing this, it will also discuss some of the dangers of imposing a moral law under the pretext of moral necessity onto a humanity who may not will to adhere to the same principles. Thus, even though it does not discuss human rights directly, all the argument revolves around the question of the status of universal human rights as the law of the cosmopoli- tan world and the institutions imposing that law on today’s nations. (shrink)