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)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

Lately there has been a renewal of interest among political philosophers and theorists in the idea of cosmopolitanism. However, there is little consensus among contemporary theorists about the precise content of a cosmopolitan position. This article calls attention to two different strands in recent thinking about cosmopolitanism. One strand presents it primarily as a doctrine about justice. The other presents it primarily as a doctrine about culture and the self. Although both forms of cosmopolitanism have some appeal, each is sometimes (...) interpreted in ways that render it untenable. This article attempts to distinguish between the more and the less plausible versions of each form of cosmopolitanism. In each case, the distinction turns on how the normative status of particular interpersonal relationships and group affiliations is understood. (shrink)

Book reviewed in this article:John Rawls, The Law of Peoples.

How should we assess the project for a Constitution presented by the Convention on the Future of Europe? This paper argues that in order to succeed, an EU Constitution would need to present a positive vision of what democracy in Europe is about. While the draft Constitution fails in finding the right language in this regard, it does nevertheless contain an all too implicit manifesto: that ours is a European ?demoi?cracy? founded on the recognition of the persistent plurality of its (...) component peoples but not reducible to a set of complex bargains between sovereign states. The paper analyses the main feature of the project against this benchmark and argues that it is closer to the spirit of demoi?cracy when dealing with the vertical relationship between the Union and its member?states than when dealing with the horizontal relationship among the member?states themselves. (shrink)

. The paper discusses a needed double transformation of democracy, of its institutional form and its normative ideal, in three steps. First, the Author takes for granted that the empirical fact of the increasing scope and intensity of global interaction and interdependence are not sufficient to decide the issue between gradualists and transformationalists. Indeed, gradualists and transformationalists share an underlying conception that leads to a particular emphasis in modern theories on legal institutions. This same set of problems emerges in contemporary (...) conceptions of cosmopolitan democracy, especially those formulated by Held and Habermas. Second, he considers the more decentered alternatives, which make contestation through global networks the central feature of democracy beyond the state. Third, he develops an alternative, plural, and decentered conception based on an account of democratization outside the nation state, not on a particular version of the democratic ideal.*. (shrink)

This article discusses the normative implications of the European integration process by addressing the question of the legitimacy deficit in the EU and its member states. It starts from an analysis of legitimacy as implying a distinction between `polity' and `regime', each of which has an `internal' and an `external' dimension relating respectively to the subjective perceptions of citizens and to more objective- and universalist-oriented criteria. Standard accounts of the integration process and the constitutionalisation of the EU have overlooked the (...) complex ways in which polity- and regime-building interact. They have also emphasized the external legitimacy of the EU while neglecting the internal dimension. Both descriptively and prescriptively, the EU lies in between the interpretations offered by neofunctionalist or intergovernmental realists and federal idealists. The `internal' norms channelled through the EU's `regime' have helped form the economic interests appealed to by the former, but in rather different ways to that assumed by the latter. The result has been a polycentric `polity' with a multi-level `regime'. Consequently, we reject having either an EU written constitution that goes beyond the treaties or a federal legislature, advocating instead the `republican' model of a `mixed commonwealth'. (shrink)

Woods's chapter focuses primarily on procedural justice within the international financial institutions. She argues that the procedures adopted by these institutions are central to the debate about global economic justice, and thus it is essential to explore how these bodies make decisions and implement them. Her conclusions suggest that, notwithstanding recent and important reforms, the institutions still suffer from weaknesses in representation and accountability. Unless these bodies attend to these deficiencies, the range and scope of their activities should be circumscribed.