International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...) morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional (...) and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...) sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

Picture a simple scenario: a worm, in its modest way, traces a trail of paint as it moves across a sheet of paper. Now shift your imagination to a more complex scene, where a chimpanzee paints on another sheet of paper. A simple question arises: Do you perceive an identical creative process in these two animals? Can both of these animals be designated as authors of their creation? If only one, which one? This paper delves into the complexities of authorship, (...) consciousness, and agency, unpacking the nuanced distinctions between such scenarios and exploring the underlying principles that define creative authorship across different forms of life. It becomes evident that attributing authorship to an animal hinges on its intention to create, an aspect intertwined with its agency and awareness of the creative act. These concepts are far from straightforward, as they traverse the complex landscapes of animal ethics and law. But our exploration does not stop there. Now imagine a robot, endowed with artificial intelligence, producing music. This prompts us to question how we should evaluate and perceive such creations. Is the creative process of a machine fundamentally different from that of an animal or a human? As we venture further into this realm of human-made intelligence, we confront an array of ethical, philosophical, and legal quandaries. This paper provides a platform for a reflective discussion: ethologists, neuroscientists, philosophers, and bioinformaticians converge in a multidisciplinary dialogue. Their insights provide valuable perspectives for establishing a foundation upon which to discuss the intricate concepts of authorship and appropriation concerning artistic works generated by non-human entities. (shrink)

Durant la pandémie, le numérique s’est révélé un outil précieux pour assurer une continuité de la vie professionnelle, de l’éducation, de la vie familiale et amicale, et assurer une appétence pour la vie culturelle disponible en ligne. La bataille contre le coronavirus grâce au numérique se joue également sur d’autres plans : des gouvernements, avec l’appui d’entreprises privées, développent de nouvelles politiques de surveillance de l’épidémie et des personnes infectées. Ces usages technologiques sont des gages d’efficacité mais également des facteurs (...) de risques pour les libertés des citoyens. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

Both current and past analyses and critiques of transhumanist and posthumanist theories have had a propensity to cite the Greek myth of Prometheus as a paradigmatic figure. Although stark differences exist amongst the token forms of posthumanist theories and transhumanism, both theoretical domains claim promethean theory as their own. There are numerous definitions of those two concepts: therefore, this article focuses on posthumanism thought. By first analyzing the appropriation of the myth in posthumanism, we show how the myth fails to (...) be foundational and how we need to rethink the posthumanist mythological framework. We then introduce Haldane’s Daedalus figure as a fruitful analogy to understand the demiurgic posture that critics mean to unveil by first using Prometheus. Daedalus embodies the artisan role, whose status as an inventor for the mighty preserves from the gods' direct opprobrium. Thereafter, we introduce the Camusian Myth of Sisyphus as a competing analogy that ultimately serves as a myth better suited to address the posthumanist position on an existential standpoint. we ultimately show that Sisyphus, as the ‘absurd man’ that Camus claims him to be, is himself the posthuman, thus serving as a more ideal foundational myth for posthumanism and preserving the importance of narrative in posthuman discourses. To conclude, we specifically show that the concept of Sisyphus as a posthuman icon has significance that reaches beyond narrative value to current ecological debates in posthumanism. (shrink)

Cet article relate l’évolution de la répression du crime du Japon médiéval à ses mutations durant l’époque Edo puis l’ère Meiji, afin de retracer le glissement socio-historique entre une mentalité du châtiment et une législation de la punition – aujourd’hui matérialisée par l’emprisonnement en établissement carcéral. Le développement historique des concepts fondamentaux à une société, telle la criminalité, forment ici une manière distincte d’appartenir au monde contemporain et influencent comportements et schèmes de pensée : la réalité historique est une réalité (...) sociale. (shrink)

Through Heidegger’s re-reading of Descartes, this article explores a fundamental issue in the contemporary conception of worldliness. In a restricted sense, the human being is the maker of the world in that he appropriates what composes it, i.e., the worldly beings or things. Greatly influenced by the Cartesian notion of extensio, this tendency no longer entails the world as a thing in itself, but as a set of measurable things, thus available and open to activity. This article articulates the threat (...) relative to the idea of the forming, by the human being, of the essence of the world. Every being, be it an object, an animal or even a human being, seems to be considered as a producer of energy and a structure that could be possessed. For example, such natural space is not campaign or land, but automatically field, that is to say, an agricultural deposit that is symbolically exploited and empirically exploitable. This ontological device prevents us from grasping the world in any other way than in terms of use and productivity. As a result, the ontology of the thing becomes an aesthetic issue in its own right. This issue does not involve here the capture of the object as a bearer of Beauty, but an aesthetic relation in the fundamentally etymological sense (αἰσθητικός) of what is felt, of what is sensible and perceptible. The need for an aesthetic rereading of the world and the things that stand in it presupposes, therefore, the evolution of the human gaze and a metaphysical approach to worldliness, detached from the instrumentalization of the beings and focused on their presence or their proximity. This article aims at demonstrating the necessity of a real human aesthetic responsibility, which can be concretized in the metaphysical thought of the thing that the human being unfolds, by considering it as the persistence in the world of an object whose ontological disposition could never be neutral. (shrink)

En matière de criminalité, le Japon fait figure d’exception. La population incarcérée y diminue en moyenne de 3,6 % par an et le taux de criminalité est en baisse depuis 2007. La densité d’incarcération dans les prisons japonaises n’est que de 74 % contre 120 % en France en avril 2017. Le Japon partage l’appareil démocratique et le développement économique des pays occidentaux mais se distingue par son éloignement géographique et culturel. Or les sciences criminologiques étudiant la philosophie d’un pays (...) et ses traditions idéologiques sont fondamentales dans la réflexion sur la criminalité. Elles témoignent du fait que le crime est autant influencé par le droit, l’histoire et l’économie d’un pays, que par l’ancrage culturel d’une civilisation qui possède ses propres schèmes mentaux et comportementaux. Nous nous proposons d’attester de quelques-unes de ces pistes de réflexion. (shrink)

The concept of transhumanism is based on a specific understanding of human limitations that should or could be transcended. Among them, the question of overcoming our own corporeality through the delaying of ageing or death is of major importance for a new understanding of human plasticity and fluidity when shaping ourselves and our environment. As transhumanism advocates for human enhancement through technological means, it considers ageing and death as diseases and criticizes their necessity in the human evolutionary process. In light (...) of this transhumanist question, this article discusses ageing and death as diseases for which there must be technological solutions. It underlines that a philosophical approach is necessary to highlight how correlated and interrelated those subjects are and tries to go beyond humanist dichotomies to make clearer how major notions (health, enhancement, etc.) are intertwined with each other and consequently shape our socio-political subjectivities. Given this context, this article discusses the fact that medicine is traditionally structured on a limit that seems to be more and more plastic to pave the way for new debates, such as human enhancement, morphological freedom, and biocultural capital. It then discusses how transhumanism tries to transcend what is considered human structures by examining death as a fatal degeneration that could be overcome through biological amortality and informational immortality. (shrink)

Despite being a women's problem for a long time, catcalling has recently attracted lawmakers' attention. In 2019, the Philippine government enacted Republic Act 11313, or the Safe Spaces Act, which prohibits and punishes gender-based sexual harassment. However, despite the existence of the law, catcalling continues to be rampant. This study aims to explore the experiences of women in Quezon City who have been subjected to catcalling and to provide answers regarding the effects of catcalling on the victims, the locations where (...) catcalling is most prevalent, the most common perpetrators, and the victim's views on the Safe Spaces Act. This research uses a qualitative descriptive approach. Purposive sampling was used to select respondents, and respondents were interviewed using an interview guide to gather information. The findings indicate that women are most vulnerable to catcalling in public spaces, and the perpetrators are strangers or bystanders. Victims went through mental, emotional, and behavioral changes after the incident. Moreover, not all victims think that the law effectively addresses the problem because catcalling is still prevalent, and public awareness campaigns are lacking. (shrink)

This is a study of the influence of Anselm and other theologians such as John Damascene and Peter Lombard on the soteriology of the Summa Halensis.

I demonstrate here that it is possible for an event to be identical with one of its proper parts, refuting the key premise in Lawrence Lombard's argument for the essentiality of an event's time. I also propose and defend an alternative to his criterion of event identity.

Thomas Aquinas wrote a text later known as Quaestio de attributis and ordered it inserted in a precise location of his Commentary on the Sentences of Peter Lombard more than a decade after composing this work. Aquinas assigned exceptional importance to this text, in which he confronts the debate on the issue of the divine attributes that swept the most important centres of learning in 13th Century Europe and examines the answers given to the problem by the representatives of (...) the four mainstream schools of his time: the Greek mystic Dionysius Areopagita, the Latin Saint Anselm of Canterbury, the Jewish rabbi Moses Maimonides and the Muslim philosopher Ibn Sina. This in-depth study of Thomas Aquinas’ Quaestio de attributis (In I Sent., d. 2, q. 1, a. 3) binds together the findings of previous research on the unique history of this text by reconstructing the historical circumstances surrounding its composition, shows that the Quaestio contains Aquinas’ final answer to the dispute on the divine attributes, and thoroughly examines his interpretation of Maimonides’ position on the issue of the knowledge of God by analysing this and other texts related to it chronologically and doctrinally. The examination of the Quaestio reveals the background of Thomas Aquinas’ renewed interest in Maimonides’ position on the issue and brings to light elements of Aquinas’ interpretation that are absent from his earlier references to Maimonides. Moreover, the chronological and doctrinal connection of the Quaestio de attributis to other Thomistic works with explicit references to Maimonides enables a reconstruction of his comprehensive approach to Maimonides’ teaching on the possibility and extent of the knowledge of God in the Guide of the Perplexed and highlights the place of Maimonides’ philosophical teachings in Thomas’ own thought in issues like "Being" as the proper name of God, the multiplicity of the divine names, the beatific vision in the afterlife, the causes that prevent the instruction of the multitude in divine matters and the role of faith and prophecy in the acquisition of the true knowledge of God in this life. The last chapter examines the reasons behind Aquinas’ silencing of Maimonides’ name when introducing his Five Ways for the knowledge of the existence of God, in spite of the evident relation between these and Maimonides’ Four Speculations. The study is completed with an extensive appendix that includes the text of the Quaestio de attributis with an English translation and the critical edition of several chapters of the 13th Century Latin translation of the Guide of the Perplexed known as Dux neutrorum. (shrink)

This book questions what sovereignty looks like when it is de-ontologised; when the nothingness at the heart of claims to sovereignty is unmasked and laid bare. Drawing on critical thinkers in political theology, such as Schmitt, Agamben, Nancy, Blanchot, Paulhan, The Politics of Nothing asks what happens to the political when considered in the frame of the productive potential of the nothing? The answers are framed in terms of the deep intellectual histories at our disposal for considering these fundamental questions, (...) carving out trajectories inspired by, for example, Peter Lombard, Shakespeare and Spinoza. This book offers a series of sensitive and creative reflections that suggest the possibilities offered by thinking through sovereignty via the frame of nihilism. This book was originally published as a special issue of Culture, Theory and Critique. (shrink)

According to Christian doctrine as formulated by the Council of Chalcedon (451), Christ is one person (one supposit, one hypostasis) existing in two natures (two essences), human and divine. The human and divine natures are not merged into a third nature, nor are they separated from one another in such a way that the divine nature goes with one person, namely, the Word of God, and the human nature with another person, namely, Jesus of Nazareth. The two natures belong to (...) just one person, and the one person has two distinct natures. Chalcedon‟s justly-famous formula brought the debate into sharper focus and ruled out certain options, but of course it did not bring the arguments to a complete end. More councils,more debates, and more questions were to follow, although the range of disagreement tended to narrow. In the medieval Latin West, Peter Lombard (†1160) identified in book III of the Sententiae three “opinions” on the topic, but by the middle of the thirteenth century, it was widely agreed that only one of them was orthodox teaching. This relative unity of thought provided the space within which more detailed issues could be debated, and one of the most interesting of these concerned existence (esse): how many existences are there in Christ? Since Christ is only one person, it might seem that he has only one existence. On the other hand, he has two natures, so perhaps instead he has more than one existence. In this one paper, my goal is rather modest. I discuss only a few of the relevant authors, and I focus primarily on which questions they were asking. I proceed as follows. I first look at Thomas Aquinas, whose remarks on these topics had such a large influence on the debate later in the thirteenth and fourteenth centuries. Crucial will be certain distinctions that Thomas makes, distinctions we can see as disambiguating the question we began with, namely, „How many existences are there in Christ?‟. After that I will look at how one of those distinctions makes its appearance in the writings of two post-Thomistic authors, Giles of Rome and Godfrey of Fontaines. (shrink)

In this paper, I investigate the role of public opinion and De Staël’s liberal principles in relation to her psychological image of human nature. De Staël regarded the French Revolution as a new stage of human progress, in which the French people, for the first time, gained a political voice. From her position as a liberal republican, De Staël argues for political progress in the form of civil equality and liberty confirmed by law and political representation, for which public opinion (...) serves as a political tool. I aim to demonstrate that De Staël developed a multi-layered analysis of public opinion as both an emancipatory tool for more equality, justice, and liberty, as well as a discriminating and harmful tool. According to De Staël, human passions play a crucial role in determining the employment and the effects of public opinion, as becomes clear in the case of the trial of Marie-Antoinette. (shrink)

Algorithmic governmentality is a new form of political governance interconnected with technology and computation. By coining the term “algorithmic governmentality,” Antoinette Rouvroy argues that this mode of governance reduces everything to data, and people are no longer individuals but dividuals (able to be divided) or readable data profiles. Implementing the concept of algorithmic governmentality, the current study analyses Project Itoh’s award-winning novel Harmony in terms of such relevant concepts as “subjectivity,” “infra-individuality” and “control,” as suggested by Rouvroy and colleagues. (...) The analysis further draws on Foucault’s ideas of “governmentality” and “neoliberalism” and Deleuze’s concepts of “dividuality” and “society of control.” In Itoh’s fictional world, the entire society is subject to the new medical government, which replaced the chaotic world with a perfect but harrowing benevolent society, eradicating disease, suicide and crime. As elucidated in this paper, despite the dominant controlling government, there is a hope for humans to regain and reestablish their subjectivity and give meaning to their own personality by defying the nihilistic computational system. (shrink)

This is a review of Monika Michalowska's critical edition of question 3 from Richard Kilvington's questions commentary on the Sentences by Peter Lombard. It is published in open access under a CC BY 4.0 license.

Robert Cowton’s questions commentary on Peter Lombard’s Sentences originated ca. 1309–1311. This is a pdf of the edition prepared by Michiel Streijger containing Cowton’s questions on distinctions 1–14 of the second book of Sentences.