Introduction : changing forms of global order. Towards a multipolar world ; The paradox of our times ; Economic liberalism and international market integration ; Security ; The impact of the global financial crisis ; Shared problems and collective threats ; A cosmopolitan approach ; Democratic public law and sovereignty ; Summary of the book ahead -- Cosmopolitanism : ideas, realities and deficits. Globalization ; The global governance complex ; Globalization and democracy : five disjunctures ; Cosmopolitanism : ideas and (...) trajectories ; Cosmopolitan realities ; Addressing the institutional deficit : reframing the market -- Principles of cosmopolitan order. Cosmopolitan principles ; Thick or thin cosmopolitanism? ; Cosmopolitan justifications ; From cosmopolitan principles to cosmopolitan law -- Cosmopolitan law and institutional requirements. The idea of cosmopolitan law ; Institutional requirements ; In sum ; Political openings -- Violence, law and justice in a global age. Reframing human activity : international law, rights and responsibilities ; 9/11, war and justice ; Islam, the Kantian heritage and double standards ; Concluding reflections -- Reframing global governance : apocalypse soon or reform!. The paradox of our times ; Why be concerned with global challenges? ; Deep drivers and governance challenges ; Global governance : contemporary surface trends ; Problems and dilemmas of global problem-solving ; Strengthening global governance ; Global governance and the democratic question ; Multilevel citizenship, multilayered democracy -- Parallel worlds : the governance of global risks in finance, security and the environment. Global governance and the paradox of our times ; The global governance of finance ; The global governance of security ; The global governance of the environment ; Conclusion : crisis, politicization and reform -- Democracy, climate change and global governance. Democracy I : the democratic nation-state and climate change ; Democracy II : global governance and climate change ; The policy debate : squaring the circle? ; The political elements of a democratic global deal ; Democracy and the policy menu ahead. (shrink)

Our brains were designed for tribal life, for getting along with a select group of others and for fighting off everyone else. But modern times have forced the world’s tribes into a shared space, resulting in epic clashes of values along with unprecedented opportunities. As the world shrinks, the moral lines that divide us become more salient and more puzzling. We fight over everything from tax codes to gay marriage to global warming, and we wonder where, if at all, we (...) can find our common ground. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

Thejudgment of the European Court of Justice concerning theKadicase has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadicase, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading (...) of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadicase in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union's objective of 'the strict observance and the development of international law', the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights. (shrink)

Democracy and justice are often mutually antagonistic ideas, but in this innovative book Ian Shapiro shows how and why they should be pursued together. Justice must be sought democratically if it is to garner legitimacy in the modern world, he claims, and democracy must be justice-promoting if it is to sustain allegiance over time. _Democratic Justice_ meets these criteria, offering an attractive vision of a practical path to a better future. Wherever power is exercised in human affairs, Shapiro argues, the (...) lack of democracy will be experienced as injustice. The challenge is to democratize social relations so as to diminish injustice, but to do this in ways that are compatible with people’s values and goals. Shapiro shows how this can be done in different phases of the human life cycle, from childhood through the adult worlds of work and domestic life, retirement, old age, and approaching death. He spells out the implications for pressing debates about authority over children, the law of marriage and divorce, population control, governing the firm, basic income guarantees, health insurance, retirement policies, and decisions made by and for the infirm elderly. This refreshing encounter between political philosophy and practical politics will interest all those who aspire to bequeath a more just world to our children than the one we have inherited. (shrink)

Thomas Pogge tries to explain the attitude of affluent populations to world poverty. One or two per cent of the wealth of the richer nations could help in eradicating much of the poverty and Pogge presents a powerful moral argument.

The ongoing process of globalization calls out for novel forms of transnational liberal–democratic decision–making. In this spirit, David Held and a group of interlocutors (especially Daniele Archibugi) propose an ambitious model of “cosmopolitan democracy.” Although the proponents of cosmopolitan democracy are right to insist that transnational liberal democracy must avoid the dangers of an excessively centralized world–state, their own efforts to do so ultimately fail. The weaknesses of their ideas about the notion of the “rule of law“ generate unforeseen theoretical (...) difficulties for their account. Any transnational network of liberal–democratic governance worth defending will need to do a better job preserving a substantial quotient of traditional rule of law virtues. (shrink)

The Representative Claim is set to transform our core assumptions about what representation is and can be. At a time when political representation is widely believed to be in crisis, the book provides a timely and critical corrective to conventional wisdom on the present and potential future of representative democracy.

Recent work on the idea of political representation has challenged effectively orthodox accounts of constituency and interests. However, discussions of representation need to focus more on its dynamics prior to further work on its forms. To that end, the idea of the representative claim is advanced and defended. Focusing on the representative claim helps us to: link aesthetic and cultural representation with political representation; grasp the importance of performance to representation; take non-electoral representation seriously; and to underline the contingency and (...) contestability of all forms of representation. The article draws upon a range of sources and ideas to sketch a new, broader and more complex picture of the representative claim which — despite the complexity — helps us to reconnect representation theory to pressing real-world challenges. (shrink)

Despite a high and growing global average income, billions of human beings are still condemned to lifelong severe poverty, with all its attendant evils of low life expectancy, social exclusion, ill health, illiteracy, dependency, and effective enslavement. This problem is solvable, despite its magnitude.

Wary of quick statist dismissal of their proposals, cosmopolitans have been careful not to associate themselves with a world state. I argue that this caution is mistaken: cosmopolitans should see the vision of a world state as strategically valuable in exposing weaknesses in statist accounts, particularly of the Rawlsian variety. This strategic value follows if the only cogent arguments against a world state belong to non-ideal theory which assumes non-compliance, rather than to ideal theory with its core assumption of full (...) compliance. If our only convincing reasons to reject a world state are non-ideal, then any liberal theory revolving around separate states must itself be considered a non-ideal theory. As a non-ideal theory, a statist law of peoples cannot be presented as an end-state, but is rather a transitional stage. Yet once seen as a transitional theory, the statist “realistic utopia” can no longer dodge the cosmopolitan charge that it is neither sufficiently realistic nor sufficiently utopian. (shrink)

At what point can we concede that the realities of world politics require that moral principles be compromised, and how do we know when a real ethical limit has been reached? This volume gathers leading constructivist scholars to explore the issue of moral limit and possibility in global political dilemmas. The contributors examine pressing ethical challenges such as sanctions, humanitarian intervention, torture, the self-determination of indigenous peoples, immigration, and the debate about international criminal tribunals and amnesties in cases of atrocity. (...) Their analyses entail theoretical and empirical claims about the conditions of possibility and limits of moral change in world politics, therefore providing insightful leverage on the ethical question of 'what ought we to do?' This is a valuable contribution to the growing field of normative theory in International Relations and will appeal to scholars and advanced students of international ethics and political theory. (shrink)

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about (...) the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good. (shrink)

Can there be a global demos? The current debate about this topic is divided between two opposing camps: the “pessimist” or “impossibilist” camp, which holds that the emergence of a global demos is either conceptually or empirically impossible, and the “optimist” or “possibilist” camp, which holds that the emergence of a global demos is conceptually as well as empirically possible and an embryonic version of it already exists. However, the two camps agree neither on a common working definition of a (...) global demos, nor on the relevant empirical facts, so it is difficult to reconcile their conflicting outlooks. We seek to move the debate beyond this stalemate. We argue that existing conceptions of a demos are ill-suited for capturing what kind of a global demos is needed to facilitate good global governance, and we propose a new conception of a demos that is better suited for this purpose. We suggest that some of the most prominent conceptions of a demos have focused too much on who the members of a demos are and too little on what functional characteristics the demos must have in order to perform its role in facilitating governance within the relevant domain. Our new proposal shifts the emphasis from the first, “compositional” question to the second, “performative” one, and provides a more “agency-based” account of a global demos. The key criterion that a collection of individuals must meet in order to qualify as a demos is that it is not merely demarcated by an appropriate membership criterion, but that it can be organized, democratically, so as to function as a state-like agent. Compared to the existing, predominantly “compositional” approaches to thinking about the demos, this agency-based approach puts us into a much better position to assess the empirical prospects for the emergence of a global demos that can facilitate good global governance. (shrink)

In the aftermath of the Second World War the international institutional breakthroughs that occurred provided the momentum for decades of sustained economic growth and geopolitical stability sufficient for the transformation of the world economy, the shift from the cold war to a multipolar order, and the rise of new communication and network societies. However, what worked then does not work as well now, as gridlock freezes problem-solving capacity in global governance. The search for pathways through and beyond gridlock is a (...) hugely significant task – nationally and globally – if global governance is to be once again effective, responsive and fit for purpose. This article explores these issues and provides elements of a theory of global governance in order to begin to understand the challenges of the 21st century and how to surmount them. (shrink)

The chances of the project of a “cosmopolitan order” being successful are not worse now than they were in 1945 or in 1989–1990. This does not mean that the chances are good, but we should not lose sight of the scale of things. The Kantian project first became part of the political agenda with the League of Nations, in other words after more than 200 years; and the idea of a cosmopolitan order first received a lasting embodiment with the foundation (...) of the United Nations (UN). This process points toward a continuation of the Kantian project. We can still take our cue from Kant's idea of a cosmopolitan condition if we simply construe it in sufficiently abstract terms. I wish to show first of all why I consider the Kantian alternative between a world of republic and a league of nations to be incomplete (section I) and will then go on to outline how we can reconceptualize the Kantian project under contemporary conditions (section II). And I shall close by addressing an actual challenge to which that project might well offer the most promising response (section III). (shrink)

The chances of the project of a “cosmopolitan order” being successful are not worse now than they were in 1945 or in 1989–1990.This does not mean that the chances are good, but we should not lose sight of the scale of things. The Kantian project first became part of the political agenda with the League of Nations, in other words after more than 200 years; and the idea of a cosmopolitan order first received a lasting embodiment with the foundation of (...) the United Nations. This process points toward a continuation of the Kantian project. We can still take our cue from Kant’s idea of a cosmopolitan condition if we simply construe it in sufficiently abstract terms. I wish to show first of all why I consider the Kantian alternative between a world of republic and a league of nations to be incomplete and will then go on to outline how we can reconceptualize the Kantian project under contemporary conditions.And I shall close by addressing an actual challenge to which that project might well offer the most promising response. Due to the author was not reachable, this journal has composed thewith Editor-in-Chief’s instruction. (shrink)

In The Grammar of Society, first published in 2006, Cristina Bicchieri examines social norms, such as fairness, cooperation, and reciprocity, in an effort to understand their nature and dynamics, the expectations that they generate, and how they evolve and change. Drawing on several intellectual traditions and methods, including those of social psychology, experimental economics and evolutionary game theory, Bicchieri provides an integrated account of how social norms emerge, why and when we follow them, and the situations where we are most (...) likely to focus on relevant norms. Examining the existence and survival of inefficient norms, she demonstrates how norms evolve in ways that depend upon the psychological dispositions of the individual and how such dispositions may impair social efficiency. By contrast, she also shows how certain psychological propensities may naturally lead individuals to evolve fairness norms that closely resemble those we follow in most modern societies. (shrink)

This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the state, about the character of the UK as a state, and about the juridical character of the European Union.

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 ...

Global Justice and Avant-Garde Political Agency offers a fresh, nuanced example of political theory in an activist mode. Setting the debate on global justice in the context of recent methodological disputes on the relationship between ideal and nonideal theorizing, Ypi's dialectical account shows how principles and agency really can interact.

Does a hard-headed realist approach to international politics necessarily involve scepticism towards progressive foreign policy initiatives and global reform? Should proponents of realism always be seen as morally complacent and politically combative? In this major reconsideration of the main figures of international political theory, Bill Scheuerman challenges conventional wisdom to reveal a neglected tradition of progressive realism with much to contribute to contemporary debates about international policy-making and world government. Far from seeing international reform as well-meaning but potentially irresponsible idealism, (...) progressive realists like E.H. Carr, John Herz, Hans J. Morgenthau, and Reinhold Niebuhr developed forward-looking ideas which offer an indispensable corrective to many presently influential views about global politics. Progressive realism, Scheuerman argues, offers a compelling and provocative vision of radical global change which - when properly interpreted, can help buttress current efforts to address the most pressing international issues. After recovering key subterranean strands in mid-twentieth century realism, Scheuerman underscores their relevance to contemporary international theory. Criticizing more recent realists for abandoning their tradition's best insights, he also demonstrates that reform-minded international theories - including versions of cosmopolitanism, constructivism, the English School, liberalism, and republicanism - could all benefit from taking Progressive Realism seriously. A major contribution both to the history of international relations and contemporary debates in international theory, The Realist Case for Global Reform concludes by considering how progressive realism informs the foreign policies of US President Barack Obama. (shrink)

Which political principles should govern global politics? In his new book, Simon Caney engages with the work of philosophers, political theorists, and international relations scholars in order to examine some of the most pressing global issues of our time. Are there universal civil, political, and economic human rights? Should there be a system of supra- state institutions? Can humanitarian intervention be justified?

Resorting to the Rule of law within the traditional environment of international law is generating difficulties, especially when circumstances require to square the circle by accommodating normative claims connected to State legal order, fundamental rights, democracy. In recent cases brought before supranational courts, like the European Court of Justice (e.g. Kadi and Al Baarakat), or domestic courts like US Supreme Court (e.g., Hamdan), unsurprisingly, the import and notion of the Rule of law have been interpreted in such ways as to (...) reveal the uncertainty surrounding the concept and the rather idiosyncratic or instrumental use of it. Through the analysis of such instances, this article proposes a restatement of the rule of law that better explains its use beyond the state borders. Then, it shows how the relation between different orders as a matter of fact does not obey to some monist hierarchy and not even just reflects the logic of self contained systems' dualism. Being the autonomy of legal orders a vital contemporary reality, confrontation between them and with the international law appears to be replacing formal primacy of sources as well as blind or dogmatic closure, by content dependent constitutional assessments. In this connection, a road taken in European environment shows that communicative pluralism can embark into a practice of giving reasons inherently capable of producing common standards, the rule of law, and thin lines of principle. All of them are ingredients which might finally evolve into a further rule of recognition for the international law order. Table of contents: 1. Introduction and premise. 2. Superimposing one rule of law? 3. Some hints on which Rule of law. 4. Theoretical analysis and living law shortcomings. 5. Towards content dependent assessments. 6. Building on the rule of law as a third chance? 7. A practice theory of recognition: re-starting from a Hartian background. (shrink)

The article deals with a pivotal conceptual distinction employed in philosophical discussions about global justice. Cosmopolitans claim that arguing from the perspective of moral cosmopolitanism does not necessarily entail defending a global coercive political authority, or a "world-state", and suggest that ambitious political and economic (social) goals implied in moral cosmopolitanism may be achieved via some kind of non-hierarchical, dispersed and/or decentralised institutional arrangements. I argue that insofar as moral cosmopolitans retain "strong" moral claims, this is an untenable position, and (...) that the goals of cosmopolitan justice, as explicated by its major proponents, require nothing less than a global state-like entity with coercive powers. My background ambition is to supplement some existing works questioning the notion of "governance without government" with an argument that goes right to the conceptual heart of cosmopolitan thought. To embed my central theoretical argument in real-world developments, I draw on some recent scholarship regarding the nature of international organizations, European Union, or transnational democratization. Finally I suggest that only after curbing moral aspirations in the first place can a more self-consciously moderate position be constructed, one that will carry practical and feasible implications for institutional design. (shrink)