In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history and political practice of human rights (...) for guidance in understanding the central idea. The author presents a model of human rights as matters of international concern, whose violation by governments can justify international protective and restorative action ranging from intervention to assistance. He proposes a schema for justifying human rights and applies it to several controversial cases-rights against poverty, rights to democracy, and the human rights of women. Throughout, the book attends to some main reasons why people are sceptical about human rights, including the fear that human rights will be used by strong powers to advance their national interests. The book concludes by observing that contemporary human rights practice is vulnerable to several pathologies and argues the need for international collaboration to avoid them. (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)

Global Basic Rights brings together many of the most influential contemporary writers in political philosophy and international relations to explore some of the most challenging theoretical and practical questions provoked by Henry Shue's classic book Basic Rights.

Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

Analyzes the nature of international disagreements and conflict resolution in terms of game theory and non-zero-sum games.

Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral-legal Janus face of human rights through the mediating role of the (...) concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those "dignities" that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, "human dignity" still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody. (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)

A major contribution to contemporary social theory. Not only does it provide a compelling critique of some of the main perspectives in 20th century philosophy and social science, but it also presents a systematic synthesis of the many themse which have preoccupied Habermas for thirty years. --Times Literary Supplement.

As I write this, in November 1971, people are dying in East Bengal from lack of food, shelter, and medical caxc. The suffering and death that are occurring there now axe not inevitable, 1101; unavoidable in any fatalistic sense of the term. Constant poverty, a cyclone, and a civil war have turned at least nine million people into destitute refugees; nevertheless, it is not beyond Lhe capacity of the richer nations to give enough assistance to reduce any further suffering to (...) very small proportions. The decisions arid actions of human beings can prevent this kind of suffering. Unfortunately, human beings have not made the necessary decisions. At the individual level, people have, with very few exceptions, not responded to the situation in any signihczmt way. Generally speaking, people have not given large sums to relief funds; they have not written t0 their parliamentaxy representatives demanding increased government assistance; they have not demonstrated in the streets, held symbolic fasts, or done anything else directed toward providing thc refugees with the means to satisfy their essential needs. At thc government level, no govcrmmcnt has given the sort of massive aid that would enable the refugees to survive fm: more than a few days. Britain, for instance, has given rather more than most countries. It has, to date, given £14,750,000. For comparative purposes, B1~itain’s share of thc nonreccverabla development costs of the Anglo-French Concorde project is already in excess of £275,000,000, and on present estimates will reach £440,000,¤00. The implication is that the British government values a supersonic transport more than thirty times as.. (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.

In this collection of essays Onora O'Neill explores and argues for an account of justice that is fundamentally cosmopolitan rather than civic, yet takes serious account of institutions and boundaries, and of human diversity and vulnerability. Starting from conceptions that are central to any account of justice - those of reason, action, judgement, coercion, obligations and rights - she discusses whether and how culturally or politically specific concepts and views, which limit the claims and scope of justice, can be avoided. (...) She then examines the demands and scope of just institutions, arguing that there are good reasons for taking the claims of distant strangers seriously, but that doing so points not to a world without boundaries but to one of porous boundaries and dispersed power. Bounds of Justice will be of interest to a wide range of readers in philosophy, politics and international relations. (shrink)

Habermas's analysis of rational action is the fulcrum for his broader theoretical project. If that analysis is faulty his larger project is jeopardized. I explore the role Habermas assigns to strategic action in order to scrutinize his central concept of communicative action. Using basic game theoretic concepts as a counterpoint I argue that he both misconstrues stategic action and fails to adequately explain the mechanism underlying communicative action. I conclude by sketching several ways that Habermas might seek to rectify deficiencies (...) in his analysis of rational action. (shrink)

In this collection of essays Onora O'Neill explores and argues for an account of justice that is fundamentally cosmopolitan rather than civic, yet takes serious account of institutions and boundaries, and of human diversity and vulnerability. Starting from conceptions that are central to any account of justice - those of reason, action, judgement, coercion, obligations and rights - she discusses whether and how culturally or politically specific concepts and views, which limit the claims and scope of justice, can be avoided. (...) She then examines the demands and scope of just institutions, arguing that there are good reasons for taking the claims of distant strangers seriously, but that doing so points not to a world without boundaries but to one of porous boundaries and dispersed power. Bounds of Justice will be of interest to a wide range of readers in philosophy, politics and international relations. (shrink)