This response suggests that in writing the history of ethics, it is important to take seriously what the principals wrote and believed, distinguishing it carefully from our own responses to their writings, or from subsequent uses to which their writings may have been put. For example, when reading Thomas Aquinas and Francisco de Vitoria on just war against non‐Christian peoples, forcible conversion and conquest are clearly condemned. Whatever the attitudes of their contemporaries, not to mention later thinkers up to the (...) present, there is no foundation in Aquinas and Vitoria for holy war or “exceptionalism,” American or otherwise. (shrink)

This paper examines the relationship between understandings of Indigenous government and the development of early-modern European, and especially British, political thought. It will be argued that a range of British political thinkers represented Indigenous peoples as being in want of effective government and regular conduct due to the absence of sufficiently developed property relations among them. In particular, British political thinkers framed the ‘deficiencies’ of Indigenous people by ideas of civilization in which key assumptions connected ‘property’, ‘government’, and ‘society’ as (...) the attainments of civilized polities and societies. Accordingly, Indigenous peoples in Australia and elsewhere were perceived to live in associations (rather than ‘societies’) bound by custom and tradition (rather than ‘government’). The paper will thus identify conceptual connections made between property, polity, and sovereignty in European and British political thought, and argue that such understandings provide a useful resource for understanding colonial attitudes to Indigenous people in Australia down to the present day. (shrink)

In this article, I explore recent work on realist political theory and international politics. I discuss how scholarship on the topic emanates from two different fields—International Relations and political philosophy—and argue that there is a good case for greater engagement between them. I open by delineating various kinds of realism, showing that the term covers a wide variety of methodological and political approaches. In particular, I suggest, it is important to recognize the difference between liberal and radical approaches. The remainder (...) of the essay examines assorted examples of realist international political theorizing, work that ranges from attempts to rewrite the canon of 20th century political thought to contributions to the vibrant global justice debates. (shrink)

What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...) to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (shrink)

Research Articles Craig Yirush, Social Philosophy and Policy, FirstView Article.

Libertarians often rely on arguments that subordinate the principle of liberty to the value of its economic consequences. This invites the question of what a pure libertarian theory of justice—one that takes liberty as its overriding concern—would look like. Grotius's political theory provides a template for such a libertarianism, but it also entails uncomfortable commitments that can be avoided only by compromising the principle of liberty. According to Grotius, each person should be free to decide how to act as long (...) as her actions do not violate the equal liberty of others. According to this principle, however, people are free to enter any contract and alienate any rights, permitting even contracts of slavery or the alienation of rights of bodily integrity. Libertarians can escape this commitment to absolute freedom of contract only by adopting ad-hoc amendments to the principle of liberty. (shrink)

This introduction gives a rough sketch of the context of Mare liberum's publication and the main arguments Grotius made in this pamphlet. It touches briefly on some of the latest arguments on Mare liberum and provides a survey of the contributions to this Commemmorative Issue. Moreover, it sets the stage for the contributions which elaborate on the fate of Grotian concepts - not so much by historically tracing these ideas over the past 400 years, but by offering an analysis of (...) how similar concepts are used in international law today. (shrink)

The historical problem about the origins of the language of rights derives its importance from the conceptual problem: of "two fundamentally different ways of thinking about justice," which is basic? Is justice unitary or plural? This in turn opens up a problem about the moral status of human nature. A narrative of the origins of "rights" is an account of how and when a plural concept of justice comes to the fore, and will be based on the occurrence of definite (...) speech-forms—the occurrence of the plural noun in the sense of "legal properties." The history of this development is currently held to begin with the twelfth-century canonists. Later significant thresholds may be found in the fourteenth, sixteenth, and eighteenth centuries. Wolterstorff's attempt to find the implicit recognition of rights in the Scriptures depends very heavily on what he takes to be implied rather than on what is stated, and at best can establish a pre- history of rights-language. (shrink)

This introduction gives a rough sketch of the context of Mare liberum's publication and the main arguments Grotius made in this pamphlet. It touches briefly on some of the latest arguments on Mare liberum and provides a survey of the contributions to this Commemmorative Issue. Moreover, it sets the stage for the contributions which elaborate on the fate of Grotian concepts - not so much by historically tracing these ideas over the past 400 years, but by offering an analysis of (...) how similar concepts are used in international law today. (shrink)

This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.

ABSTRACTThis article provides a reappraisal of the history of proyectismo. Scholars have employed the concept to categorise early eighteenth-century Spanish authors and reforms, and have thereby severed them from their historical context. This article explores the imperial origins of this political culture by shedding light on the generation of knowledge in early eighteenth-century diplomatic and imperial spaces. The article focuses on the overlooked thinker Álvaro José Navia-Osorio y Vigil, Marquis of Santa Cruz de Marcenado – long considered to be a (...) proyectista – and his appeal to the Spanish Republic of Letters to assist him in his project for a universal dictionary; an enterprise that predated Chamber’s Cyclopedia and Diderot and D’Alembert’s Encyclopédie. Marcenado’s contributions to the establishment of Spanish intellectual connections with foreign thinkers were, moreover, symptomatic of the political approach of early eighteenth-century ilustrados – transterritorial, transnational, and transversal thinkers who drew on the peninsula’s ties with the Flanders and Italy to revitalise the intellectual life of Spain. These thinkers recovered the study of Muslim Spain, and envisioned the establishment of councils and academies in Mexico and Peru. The Spanish Enlightenment, then, originated in the early eighteenth-century from their rediscovery of the Spanish Republic of Letters. (shrink)

Hedley Bull, in the passage in The Anarchical Society which introduces the ‘three competing traditions of thought’ associated with the articulation of the modern states-system, cited Otto von Gierke as the originator of this influential way of organising international theory. This article examines Gierke's work in order to assess the extent of the influence on the English School that can be ascribed to him. It argues that in fact Gierke's version of the three traditions bears little resemblance to that of (...) Bull, and that by ‘international society’ Gierke was referring to confederal structures of political power. Through an analysis of a significant strand of American revolutionary thought, the paper seeks to demonstrate the potential that further attention to the Gierkean understanding of international society could have for advancing the English School's research programme and building on its achievements. (shrink)

Scholarly discussion has treated the account of the state of nature which Locke presents in his Second Treatise as neither an hypothesis nor a description but rather as a fiction. John Dunn, for example, claims that it is a `theoretical analysis of the fundamental relations of right and duty which obtain between human beings, relations which are logically prior to the particular historical situations in which all actual human beings always in fact find themselves'. Here Dunn presents a misleading account (...) of Locke's argument, presumably, as the title of his paper suggests, in order to mount an argument of his own about the `political relevance' of Locke's work to a time when no one takes seriously the early modern idea of the state of nature. However, this article also has a more serious concern. I argue that the representation of the state of nature as a merely imaginary, `theoretical analysis' of social relations obscures the significance of the early modern idea of a state of nature, not only for the work of Locke and his near contemporaries, but also, more importantly, for the broader development of western social and political thought. The idea of an original condition of freedom and equality played a central role in Locke's argument, serving as a means both to undermine the view that humans were born into a natural condition of subjection to the rule of others and to justify European expropriation of land in the Americas. It also represented one end of a developmental continuum, running from the original, most primitive, condition of humanity through to the societies of contemporary western Europe, which was thought to encompass all sections of humanity. While the idea of an original asocial condition on which this continuum was based was later brought into question, a closely related developmental framework nevertheless informed later movements in history and the social sciences. After being abandoned in its original form, this category was finally revived in 20th-century political theory, this time precisely in the form that Dunn mistakenly ascribes to Locke. The article concludes by speculating on the relationship between these normative and empirical perspectives on the state of nature. (shrink)

ABSTRACTThe prohibition against the first use of force is defeasible, but under what conditions? Proponents of preventive war, both classical and contemporary, suggest that potential threats suffic...

In the Theory of Moral Sentiments, Adam Smith observed that we live in a fundamentally conflictual world. Although he held that we are creatures who sympathize, he also observed that our sympathy seems to be constrained by geographical limits. Accordingly, traditional theories of cosmopolitanism were implausible; yet, as a moral philosopher, Smith attempted to reconcile his bleak description of the world with his eagerness for international peace. Smith believed that commercial intercourse among self‐interested nations would emulate sympathy on a global (...) scale, balancing national wealth and international peace without a coercive apparatus to enforce compliance with international law. (shrink)

This dissertation constitutes the first comprehensive study of the historical and political thought of the Dutch scholar Marcus Zuerius Boxhorn. Boxhorn was one of the most prolific scholars of his age. His Latin works were translated into Dutch, French, and English, and published in England and the Holy Roman Empire. This study shows that he is to be regarded as an important transitional figure between the age of late humanism and the age of the early Enlightenment. Careful analysis that takes (...) into account long-term intellectual developments within early-modern Europe and the Dutch Republic as well as local events shows that Boxhorn’s historical and political ideas have common ground with both the Aristotelian humanist tradition in which he was brought up and the modern ideas of influential philosophers like Thomas Hobbes and Samuel Pufendorf. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

El artículo trata de la responsabilidad de proteger, que plantea un dilema entre el respeto a los principios de soberanía y no intervención y la necesidad de proteger a las poblaciones en peligro en casos de violaciones graves, masivas y sistemáticas de sus derechos humanos y/o del derecho internacional humanitario. En ese contexto, el propósito de este trabajo es analizar las posturas de América Latina sobre la RdP. Sin embargo, cualquier debate sobre esta cuestión debe empezar por considerar brevemente de (...) qué estamos hablando cuando decimos “responsabilidad de proteger”, a qué se refiere este principio, qué aspectos abarca y cuál es la situación actual, en relación con el contexto histórico y político que ha determinado muchas de las posturas adoptadas por los países de América Latina al momento de tener que aplicar decisiones de política exterior o fijar sus principios. (shrink)