Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial ...

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 essay explores the relation between two perspectives on the nature of human rights. According to the "political" or "practical" perspective, human rights are claims that individuals have against certain institutional structures, in particular modern states, in virtue of interests they have in contexts that include them. According to the more traditional "humanist" or "naturalistic" perspective, human rights are pre-institutional claims that individuals have against all other individuals in virtue of interests characteristic of their common humanity. This essay argues that (...) once we identify the two perspectives in their best light, we can see that they are complementary and that in fact we need both to make good normative sense of the contemporary practice of human rights. It explains how humanist and political considerations can and should work in tandem to account for the concept, content, and justification of human rights. (shrink)

The first comprehensive analysis of the philosophical issues raised by the hijab controversy in France, this book also conducts a dialogue between contemporary Anglo-American and French political theory and defends a progressive republican solution to so-called multicultural conflicts in contemporary societies. It critically assesses the official republican philosophy of laïcité which purported to justify the 2004 ban on religious signs in schools. Laïcité is shown to encompass a comprehensive theory of republican citizenship, centered on three ideals: equality (secular neutrality of (...) the public sphere), liberty (individual autonomy and emancipation) and fraternity (civic loyalty to the community of citizens). Challenging official interpretations of laïcité, the book then puts forward a critical republicanism which does not support the hijab ban, yet upholds a revised interpretation of three central republican commitments: secularism, non-domination and civic solidarity. Thus, it articulates a version of secularism which squarely addresses the problem of status quo bias - the fact that Western societies are historically not neutral towards all religions. It also defends a vision of female emancipation which rejects the coercive paternalism inherent in the regulation of religious dress, yet does not leave individuals unaided in the face of religious and secular, patriarchal and ethnocentric domination. Finally, the book outlines a theory of immigrant integration which places the burden of civic integration on basic socio-political institutions, rather than on citizens themselves. Critical republicanism proposes an entirely new approach to the management of religious and cultural pluralism, centred on the pursuit of the progressive ideal of non-domination in existing, non-ideal societies. (shrink)

It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

What would something unlike us--a chimpanzee, say, or a computer--have to be able to do to qualify as a possible knower, like us? To answer this question at the very heart of our sense of ourselves, philosophers have long focused on intentionality and have looked to language as a key to this condition. Making It Explicit is an investigation into the nature of language--the social practices that distinguish us as rational, logical creatures--that revises the very terms of this inquiry. Where (...) accounts of the relation between language and mind have traditionally rested on the concept of representation, this book sets out an alternate approach based on inference, and on a conception of certain kinds of implicit assessment that become explicit in language. Making It Explicit is the first attempt to work out in detail a theory that renders linguistic meaning in terms of use--in short, to explain how semantic content can be conferred on expressions and attitudes that are suitably caught up in social practices. -/- At the center of this enterprise is a notion of discursive commitment. Being able to talk--and so in the fullest sense being able to think--is a matter of mastering the practices that govern such commitments, being able to keep track of one’s own commitments and those of others. Assessing the pragmatic significance of speech acts is a matter of explaining the explicit in terms of the implicit. As he traces the inferential structure of the social practices within which things can be made conceptually explicit, the author defines the distinctively expressive role of logical vocabulary. This expressive account of language, mind, and logic is, finally, an account of who we are. (shrink)

Carl Schmitt's critique of liberalism has gained increasing influence in the last few decades. This article focuses on Schmitt's analysis of international law in The Nomos of the Earth, in order to uncover the reasons for his appeal as a critic not only of liberalism but of American hegemonic aspirations as well. Schmitt saw the international legal order that developed after World War I, and particularly the "criminalization of aggressive war," as a smokescreen to hide U.S. aspirations to world dominance. (...) By focusing on Schmitt's critique of Kant's concept of the "unjust enemy," the article shows the limits of Schmitt's views and concludes that Schmitt, as well as left critics of U.S. hegemony, misconstrue the relation between international law and democratic sovereignty as a model of top-down domination. As conflictual as the relationship between international norms and democratic sovereignty can be at times, this needs to be interpreted as one of mediation and not domination. (shrink)

In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to protect human rights, (...) it loses its moral status and becomes liable to both internal and external interference. I argue that this account not only steers a middle course between so-called natural-law and political approaches to human rights but also satisfies three important theoretical desiderata— explanatory power, functional specificity, and critical capacity. (shrink)

How can liberal democracy best be realized in a world fraught with conflicting new forms of identity politics and intensifying conflicts over culture? This book brings unparalleled clarity to the contemporary debate over this question. Maintaining that cultures are themselves torn by conflicts about their own boundaries, Seyla Benhabib challenges the assumption shared by many theorists and activists that cultures are clearly defined wholes. She argues that much debate--including that of "strong" multiculturalism, which sees cultures as distinct pieces of a (...) mosaic--is dominated by this faulty belief, one with grave consequences for how we think injustices among groups should be redressed and human diversity achieved. Benhabib masterfully presents an alternative approach, developing an understanding of cultures as continually creating, re-creating, and renegotiating the imagined boundaries between "us" and "them." Drawing on contemporary cultural politics from Western Europe, Canada, and the United States, Benhabib develops a double-track model of deliberative democracy that permits maximum cultural contestation within the official public sphere as well as in and through social movements and the institutions of civil society. Agreeing with political liberals that constitutional and legal universalism should be preserved at the level of polity, she nonetheless contends that such a model is necessary to resolve multicultural conflicts. Analyzing in detail the transformation of citizenship practices in European Union countries, Benhabib concludes that flexible citizenship, certain kinds of legal pluralism and models of institutional powersharing are quite compatible with deliberative democracy, as long as they are in accord with egalitarian reciprocity, voluntary self-ascription, and freedom of exit and association. The Claims of Culture offers invaluable insight to all those, whether students or scholars, lawyers or policymakers, who strive to bridge the gap between the theory and practice of cultural politics in the twenty-first century. (shrink)

The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...

This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at (...) how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism.Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency. (shrink)

A branch of political philosophy treats human rights as the output of democratic deliberations by a certain kind of polity. This school, represented by theorists like Benhabib and Besson, do not see detailed human rights as constraints on legitimacy but rather as the specification of abstract human rights (such as the "right to have rights") in terms of obligations and the distribution of burdens. This paper argues that the position is untenable as the notion of democratic decision-making depends on sufficiently (...) clear and specified human rights standards and the political respect they guarantee. Furthermore, the form that any democratic deliberation will take must express respect and reasonableness towards both rights recipients and burden-bearers. To do so, a clear sense of human rights must exist as a threshold, as must standards of societal justice and fairness. Human rights must come first, as a background condition of democracy. (shrink)

This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. This book is both thought-provoking and original and as such is (...) essential reading for students of international law and legal theory. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)