The purpose of the article is to provide the evolving international trends of modern management models and authorial vision of model of state governance system in Ukraine, its subsystems, in particular, the system of provision of administrative services that is appropriate for the contemporary times. Methodology. On the basis of scientific and theoretical approaches to the definitions of terms “state governance” and “public governance”, there was an explanation of considerable difference between them and, taking into consideration, the mentality (...) of Ukrainian society and peculiar weak side in self-organization, the authors offered to form authorial model of governance on the basis of historically traditional for Ukraine model of state governance and to add some elements of management concepts that proved their significance, efficiency and priority in practice. Results. The authors emphasized the following two prevailing modern management models in the international practice: “new state management” and “good governance”. The first concept offered for consideration served as a basis for the semantic content of state activity that reflects more the state of administrative reformation. Practical meaning. A practical introduction of management to the domestic model of governance creates the range of contradictions that do not allow implementing herein concept. Pursuant to authors, the second one allows in considerable measure to reform state governance, considering historically developed peculiarities of this model. Moreover, the involvement of concept herein into introduction of informational and communicational technologies in the process of governance eliminates the necessity of power decentralization, it allows to form real net structure and, at the same, to keep vertical power structure, to involve citizens for formation and taking of management decisions, to form electronic communicational channel of feedback, to provide citizens with electronic administrative services. All indicated advantages of the concept certify about the necessity to reform state governance exactly in this field. Meaning/ Distinction. This article raises a question about the significance of formation and sequence of state policy in Ukraine aimed at creating an information-oriented society, space, as well as informational and technological infrastructure. (shrink)

There is no doubt that Immanuel Kant has a woman problem. His anthropo-logical studies of women are full of cutting remarks, and despite a generation offeminist Kantian scholarship, it is an open question whether he meant to include women as full, equal agents in either his moral or political philosophy. Those who engage this question within Kant’s political philosophy ask whether or not women can “work their way up” to full, active citizenship. If women can achieve equality in this way, (...) the argument goes, then we can solve Kant’s woman problem. But this approach, I argue, asks the wrong question. It focuses on the status of wives rather than on the structure of the domestic sphere as a whole, and therefore obscures the ways in which the valuation of domestic space and reproductive labor shape access to rights and equality in Kant’s political philosophy. I will argue that this approach misses the deeper structural and gendered inequalities built into Kant’s conception of the state. Re-examining Kant’s “woman problem” points us toward a larger problem with labor and inequality in the Kantian state: Kant’s map of the rightful institutional order normatively requires that someone do the dependency work that makes independence possible. (shrink)

Contrary to what we might initially think, domestic violence is not simply a violation of respect. This characterization of domestic violence misses two key points. First, the issue of respect in connection with domestic violence is not as straightforward as it appears. Second, domestic violence is also a violation of care. These key points explain how domestic violence negatively affects a victim’s autonomy and agency—the ability to choose and pursue her own goals and life plan.We (...) have a moral responsibility to respond to the problem of domestic violence as individuals. But the state also has a responsibility to respond. According to Kant in the Doctrine of Right, one of the purposes of the state is to secure just treatment for everyone. I argue that this includes an obligation to put in place policies and services that will promote the autonomy and agency of victims of domestic violence. (shrink)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. (...) [ii] In terms of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

The main claim of this chapter is that planetary defense against asteroids cannot be implemented under a decentralized model of democratic global governance, as espoused elsewhere in this book. All relevant indices point to the necessity of establishing a centralized global political authority with legitimate coercive powers. It remains to be seen, however, whether such a political system can be in any recognizable sense democratic. It seems unconvincing that planetary-wide physical-threat, all-comprehensive macrosecuritization, coupled with deep transformations of international law, global (...) centralization of core decision-making powers, de-stigmatization of nuclear weapons and the like can proceed, succeed, and be implemented in a non-hierarchical international system where planetary defense constitutes only one regime among many, and where states basically remain the decisive actors. Although rationally and scientifically robust, the project suffers from oversimplification, as well as naivety with respect to how both international and domestic politics works. Among other topics, this chapter discusses problems associated with the rule of law and constituent powers, political representation and sources of legitimacy, conditions of multilevel collective action, or limits of theoretical idealization. The general message is that the planetary defense community needs to be more aware of the social and political context of its own enterprise. (shrink)

The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with exclusion (...) including restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity. -/- Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute". (shrink)

Since the sharing economy is a rather new phenomenon, there is still no official definition of it in the legal framework of Croatia. The continuous development of sharing economy started a few years after the 1998 global and domestic economic crisis stroked Croatia. Namely, a total of eight platforms in the sectors of transportation, accommodation, finance, and online skills could be identified. The total market share of these platforms amounts to estimated market revenue of roughly 106 million EUR. When (...) compared to the other EU Member States, it could be noticed that Croatia falls within the group of countries with a below-average performance by a number of platforms per 1 million population, as well as in the level of revenues compared to national GDP. Figures that are more promising can be detected regarding the collaborative economy’s contribution to national employment, which positions Croatia within the EU average. Future studies should explain in greater depth how the sharing economy poses several new challenges for regulators in Croatia and countries across the EU. In particular, policymakers must comprehend the big picture and provide regulatory guidelines to manage the long-term changes in job markets, public safety, competition, and digital trust. (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)

Several conflict theorists have appropriated Hegel’s ‘struggle for recognition’ to highlight the healthy dimensions of conflict and to explore ways of reaching reconciliation through mutual recognition. In so doing, some scholars attend to the interpersonal dimension of reconciliation, while others focus on the interstate dimension of reconciliation. This paper argues that both approaches miss important Hegelian insights into the modern state. Hegel understands that freedom must be situated and bounded in order to take a concrete form. He believes that (...) concrete freedom and domestic reconciliation create an atmosphere that can pressure the state to be more confrontational with other states by attaining a stronger individuality. Thus, the common concern about freedom among Hegelian states remains a ‘thin’ version of communication, vulnerable to such factors as national honor or recognition status. Hegel’s challenge urges peace-inspired scholars to explore ways of achieving concrete freedom and domestic reconciliation while simultaneously relieving interstate conflict. (shrink)

Robert Nozick initiated one of the most inspired and inspiring discussions in political philosophy with his 1974 response in Anarchy, State, and Utopia to John Rawls’s 1971 account of distributive justice in A Theory of Justice. These two works have informed an enormous amount of subsequent, especially liberal, discussions of economic justice, where Nozick’s work typically functions as a resource for those defending more right-wing (libertarian) positions, whereas Rawls’s has been used to defend various left-wing stances. Common to these (...) discussions, as found in politics generally (where similar kinds of arguments frequently are used to defend right and the left-wing policies and conclusions) is that they end in rather stubborn stalemates: the right defending minimal states while the left defends more extensive states. Interesting, too, is that both Nozick and Rawls take themselves to be consistent with, inspired by, and furthering Kant’s freedom project in the development of their own theories of justice. In this paper, I start by outlining the structures of these debates with an emphasis on the original disagreements between Nozick and Rawls. I then show how neither theory actually employed Kant’s own theory of justice, but rather drew on or out (presumed) implications of his ethical theory. In the final sections, I argue that if Nozick and Rawls had instead used Kant’s theory of justice and not his ethics, not only would their individual theories have been stronger, but they could have found ways of overcoming the unproductive stalemates that characterize their own as well as subsequent related discussions of economic justice as we currently find them in much scholarly and contemporary political debate. (shrink)

After the 9/11 attacks the U.S. administration went beyond emergency response towards imperialism, but cloaked its agenda in the rhetoric of fighting ‘terrorists’ and ‘terrorism.’ After distinguishing between emergency thinking and emergency planning, I question the administration’s “war on terrorism” rhetoric in three stages. First, upon examining the post-9/11 antiterrorism discourse I find that it splits into two agendas: domestic, protect our infrastructure; and foreign, select military targets. Second, I review approaches to emergency planning already in place. Third, after (...) reviewing what philosophers have said about emergencies, I recommend they turn their attention to the biases inherent in and misleading uses of antiterrorist terminology. (shrink)

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the (...) claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

This article examines the use of ‘enhanced interrogation techniques’ in the context of international legal obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT) and the domestic implementation of the international prohibition of torture into United States (US) law under 18 United States Code Sections 2340-2340A. The legal basis for the interrogation programme was a series of contentious legal memoranda written by Department of Justice Office of Legal Counsel lawyers.1 This article (...) examines whether the memo drafters ought to be investigated for incurring criminal liability for the consequences of their memoranda, namely under CAT and Sections 2340-2340A and what has unfolded under President Obama’s administration. (shrink)

This article asks how the costs and benefits of operating a monetary union should be distributed amongst its more and less competitive members, taking as an example the operation of the European Monetary Union (EMU or Eurozone). Drawing on existing domestic and transnational justice debates, I resist both a purely procedural and a purely distributive view. The former assumes treaties against a fair background can make any distribution fair and disregards how individual citizens are likely to fare depending on (...) how a monetary union is organized. The latter requires justice amongst Eurozone co-citizens, and it neglects the value of member state’s choices and attitudes towards risk. Instead, I defend a view of the EMU as an association of free self-determining states. I also argue that a variety of factors are relevant to this problem, including the need to protect less competitive states from ‘domination’, or inappropriate forms of control by their co-members, and to protect citizens from various forms of deprivation even if their own governments are willing to expose them to the relevant risks. This article asks how the costs and benefits of operating a monetary union should be distributed amongst its more and less competitive members, taking as an example the operation of the European Monetary Union (EMU or Eurozone). Drawing on existing domestic and transnational justice debates, I resist both a purely procedural and a purely distributive view. The former assumes treaties against a fair background can make any distribution fair and disregards how individual citizens are likely to fare depending on how a monetary union is organized. The latter requires justice amongst Eurozone co-citizens, and it neglects the value of member state’s choices and attitudes towards risk. Instead, I defend a view of the EMU as an association of free self-determining states. I also argue that a variety of factors are relevant to this problem, including the need to protect less competitive states from ‘domination’, or inappropriate forms of control by their co-members, and to protect citizens from various forms of deprivation even if their own governments are willing to expose them to the relevant risks. (shrink)

Educational institutions strive to produce graduates who are competent and competitive both domestically and globally. This graduate tracer study investigated the employment outcomes of graduates from the College of Teacher Education (CTE) and Graduate School (GS) Programs from SY 2016-2022. Data collection methods included Google forms, surveys, and phone calls. Of the 2846 CTE graduates, 2491 (87.75%) were traced, and of the 659 GS graduates, 550 (83.45%) were traced. Findings revealed that CTE graduates were predominantly single females aged 24 or (...) younger, who typically began working as permanent teachers at the Department of Education (DepEd) 2-3 years post-graduation, earning a base salary of P15,000–25,000. They generally served in these roles for 4-6 years. Conversely, GS alumni were primarily married men in their 30s, employed in permanent supervisory or managerial roles at DepEd, with monthly earnings between P25,000 and P50,000. Graduates reported that their university degrees were economically relevant and provided significant financial advantages. CTE graduates indicated that job satisfaction was more influenced by workplace interactions and environment than salary. The study suggests enhancing the use of social media to encourage graduate participation in tracer studies and recommends ongoing professional development for faculty to improve educational programs and prepare graduates with highly employable skills. Addressing job satisfaction disparities may require targeted interventions to improve educational programs, expand career development opportunities, and foster supportive work cultures tailored to each graduating class's needs. (shrink)

COVID-19 knows no boundaries, but political responses to it certainly do. Much has been made about how the pandemic has revealed the Hobbesian nature of political power, but this picture of politics occludes from vision the interdependent nature of our current international order. In particular, it overlooks the fact that much of the goods, services, capital, and people that societies rely on in order to function are sourced from outside the domestic state. And, conversely, it overlooks the extent (...) to which the policy responses taken in one state have considerable effects on the options available, and the outcomes suffered, in other jurisdictions. This paper seeks to correct this oversight, by highlighting two duties that states bear towards one another in the context of this crisis, by virtue of their participation in international trade relationships. Trade grounds duties of justice between trade partners by making them dependent upon one another in order to realize their respective duties of domestic justice. This dependence, in turn, grounds a duty of stability, and a duty of accountability. Having explained and argued for these two duties, the paper discusses the implications of taking these two duties seriously in the context of states’ policy responses to the COVID-19 crisis. (shrink)

Duties to address global injustices face a large motivation gap, particularly amongst those populations most capable of bearing the financial burdens of fulfiling them. This motivation gap is explained, at least in part, by the structure of the state system, which facilitates group identification with fellow citizens to a greater extent than with outsiders. This structural feature of the state system gives states little incentive to further the cause of global justice. Yet, given that states are the most (...) powerful actors on the global stage today, a more just global order is likely predicated upon the development of more just states. In light of these realities, in this paper I make the case for an approach to furthering global justice which i call inward internationalisation. Inward internationalisation calls for the initially modest structural transformation of domestic states, so as to make domestic governments and their constituents increasingly sensitive to their international obligations. Inward internationalisation involves states giving a public, formal, and institutionalised voice within their own domestic deliberations to other states' representatives. This serves informational, expressive, and dynamic functions. After outlining these functions, thereby showing the attraction of inward internationalisation, I argue for the strategic accessibility of inward internationalisation as a path to reform, by outlining the dynamics which might cause inward internationalisation to spread as a norm of governance amongst states. (shrink)

Domestic violence is identified across the globe as a menace as it poses a threat to the mental health of its victims, the significant others of the victim and the security of a nation at large. In some cases, the victim of domestic violence is a pregnant woman and harm is caused not only to a woman but her fetus also and this calls for urgent psychological assessment and intervention. Although there is no doubt that psychological tests are (...) effective in the assessment of domestic violence, using the psychometric properties obtained from a different population may produce generate inaccurate findings. This paper therefore attempts the validation study of Women Abuse Screening Tool (WAST) using a sample of 379 pregnant women attending antenatal clinic at the State Specialist Hospital, Osogbo, Osun State, Nigeria. The study derived a Cronbach’s Alpha Reliability of 0.758, p <.05 and a Guttman split-half coefficient of 0.683, p <.05. Furthermore, concurrent validity of Women Abuse Screening Tool (WAST) and Ongoing Abuse Screen (OAS) was established as 0.29, p<.05. The norms of the instrument were given as 2.38 for tolerable level of domestic violence and 5.79 for severe and pathological level of domestic violence. Authors conclude that Women Abuse Screening Tool has acceptable psychometric properties to justify its usage for the assessment of level of domestic violence among pregnant women in Nigeria and other nations with similar socio-cultural backgrounds. (shrink)

State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s external (...) right to rule affords it protections that include and go beyond what its internal right to rule enables it to do. This asymmetrical view, I argue, is preferable to its two main rivals: the view that a state’s internal and external legitimacy are separate issues, and the view that internal and external legitimacy are mirroring. (shrink)

The state of national economies development varies and is characterized by many indicators. Economically developed countries are known as doubtless leaders that are in progress and form political stability, social and economics standards, scientific and technical progress and determine future priorities. It is worth mentioning that the progressive development of national economies in conditions of globalization can take place only in case of the increase of their intellectualization level, through saturation of people`s life, economic relations and production by brain (...) activity, knowledge, creativity, innovation, culture, ethical considering of the historical heritage. The main aim of the research is national economies intellectualization evaluating in globalization conditions. In order to gain this aim, the following tasks were defined: to identify existing indices of the national economies intellectualization level evaluation, develop the authors’ methodological approach to the national economies intellectualization level, determine the areas of measurement results application. While conducting the research, systematic approach, the methods of analysis, synthesis, grouping, abstracting, generalization, imaginary experiment and grounding were used. In the modern world, there are a large number of indicators which characterize differences in intellectual state of the national economy. When comparing the state of national economies intellectualization, the problems arise with different number of countries, duplication of indicators, disproportionate number of the components of indicators, various years of publication, etc. Therefore, to ensure comparability, we choose four general indicators – the index of human development, the global innovation index, the global competitiveness index and the knowledge economy index. Using these indices, we do the research and determine the state of national economies intellectualization in the world economy. According to the calculated results, as of 2013, we have divided 190 national economies by level of intellectualization into five groups: countries with the highest (30 countries), high (30 (countries), low (30 countries), the lowest (35 countries) and the countries with uncertain state of intellectualization (65 countries). The leaders in the state of intellectualization are Switzerland, Sweden, The Netherlands, Finland and the USA. The countries with the highest level of intellectualization serve as an example to all other countries of the world. These countries are characterized by developed market economy; a dominant position in the international economy, which allows actively engaging own and imported resources in the economic turnover; the shift of the center of gravity of economic activity into the services sector and the dominance of service economy; the greatest exhaustion of sources and factors of industrial development; advanced post-industrial development. The economic policy of the first group of countries has a decisive influence on the state and dynamics of the global economy, defining the main directions of its scientific and technological development and structural adjustment. The average index of the national economy intellectualization (AINEI), calculated by the authors, shows the place of each country in the world community as to their intellectual capital. Considering the continued deployment of R&D progress, the growing role of high-tech production and the complexity of social and economic relations, AINEI can serve as a reliable indicator of the macroeconomic environment intellectualization state. Therefore, the following organizations, bodies and individuals can use the comparative results of this study: the international organizations while developing international economic development programs; the state authorities of the countries in foreign and domestic policy forming; companies that create innovative and investment policy; migrants, tourists and persons who perform professional and transit activity for the formation of human potential and capital; scientists and teachers who develop mechanisms of intellectualization. (shrink)

Violence against women is a crime that causes countless victims all over the world. Specially when it occurs within the domestic and familiar environment, usually at home and perpetrated by people who are intimately related to the victims, calling the police might not be an option. Despite that, the Military Police of Rio de Janeiro State answers around five thousand calls every month reporting cases of domestic violence against women. But how can the police improve the prevention (...) of such invisible crimes? How to prevent repetition? How to interrupt the cycle of violence? Based on a collaborative approach with stimuli to the behavioral change, the Motivational Interviewing has been broadly used in several areas, including domestic violence. Considering that this approach may contribute to the interruption of the domestic violence cycle, this research how it can be used by the police to tackle and prevent these crimes. Rio de Janeiro State – Brazil, was chosen as the scenario of research considering its leading position in reports of violence against women in the country. The Military Police of this state, is the subject of research, playing an interventive role in the response to emergency calls but also providing the follow-up of the applicable protective measures. (shrink)

The article studies some of the most important political ideas present in the origins of the modern State, especially the notion of political sovereignty, which, borne and developed in the maiestas of the imperial roman law and in the averroistic interpretation of the aristotelian idea of the perfect community, is accepted and developed by Francisco de Vitoria in the De potestate civili. Vitoria characterizes sovereignty with the features of supremacy in the domestic activity of the State and (...) independence with regard to other States. (shrink)

For Hannah Arendt, the federal system is an effective mode of organizing different sources of power while avoiding sovereign politics. This article aims to contribute two specific claims to the burgeoning scholarship on Arendt's international federalism. First, Arendt's international thoughts call for balancing two demands: the domestic need for human greatness and flourishing and the international demand for regulation and cooperation. Second, her reflections on council-based federalism offer a nuanced position that views the dual elements of equality in politics (...) (intra-state and interstate equality) as neither contradictory nor reconciliatory but rather as ideal types along a continuum. This study shows that, through the unique form of federalism emphasizing the need to balance two demands of free politics with a clear acknowledgement of its precariousness, Arendt's thinking adds much-needed sensitivity to international discourse. (shrink)

International relations (IR) scholars have increasingly integrated Hannah Arendt into their works. Her fierce critique of the conventional ideas of politics driven by rulership, enforcement, and violence has a particular resonance for theorists seeking to critically revisit the basic assumptions of IR scholarship. Arendt’s thinking, however, contains complexity and nuance that need careful treatment when extended beyond domestic politics. In particular, Arendt’s vision of free politics—characterized by the dualistic emphasis on agonistic action and institutional stability—raises two crucial issues that (...) need further elaboration for IR research that appropriates her thinking. One involves the orientation of her international thoughts. Although Arendt shows “idealistic” aspirations for authentic politics practiced by diverse equals in an institutionally articulated space of freedom, she never loses interest in the extant situation of “non-idealistic” politics. Engaging with Arendt’s theory orientation requires a careful analysis of difficult topics, such as her distinctive conception of the political and her critiques of the nation-state and international law. The other topic that needs clarification when Arendt’s thoughts are applied to IR involves specific ways of associating different sites of power. A close examination of Arendt’s council-based federalism reveals her distinctive idea of international politics, based on her acute awareness of the fundamental complexity that lies in power association and state agency. Bringing IR topics like state agency into conversation with her works generates illuminating questions for Arendt scholarship. Likewise, the ongoing debate on agonistic and institutional features of Arendt’s thoughts can provide crucial insights into critical studies of international politics. (shrink)

Hannah Arendt’s fierce critique of sovereignty, along with her excavation of Greek agonism, has gained much traction among critical theorists of international politics who revisit the basic assumptions of conventional international theories, such as state sovereignty and power as domination. This paper engages with an increasingly popular stream within such critical international studies that appropriates Arendt’s agonism to envision a form of a global public acting in concert. I argue that Arendt’s thoughts cannot be reduced to a radical vision (...) of agonistic cosmo-politics. Rather, her thinking suggests that political actors appreciate and care for their public worlds while remaining alert to institutional ossification. Her appreciation of the constitutional state confirms that state agency is an important element of her thoughts. By examining the vicissitudes of publicity found in Arendt’s thinking and their reflexive effect on inter-polity relations, the article elucidates the grounds of her international agonism and brings home a form of international politics where states pursuing the domestic goal of greatness coexist and cooperate. Thus, the study suggests that critical scholars of radical agonism miss the important implications of an “institutional” Arendt for international politics. (shrink)

The article analyzes the phenomenon of ownership in its legal, economic, political and philosophical perspectives. Ownership is considered as an opportunity and as a guarantee of sustainable development. Comparative context is used to identify the specificity of the bourgeois model of owners’ power (social state) and the domestic concept of power-ownership (including socialist state). The author draws conclusions about ways to overcome the competition between the state and the market for the human resource and proposes to (...) explore the ideological provision of power-ownership in order to appreciate its progressive potential and predilection in relation to the liberal model of social development . (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a (...) civil guarantor for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

I start this paper by addressing Kant’s question why rightful interactions require both domestic public authorities (or states) and a global public authority? Of central importance are two issues: first, the identification of problems insoluble without public authorities, and second, why a domestic public monopoly on coercion can be rightfully established and maintained by coercive means while a global public monopoly on coercion cannot be established once and for all. In the second part of the paper, I address (...) the nature of the institutional structure of individual states and of the global authority. Crucial here, I argue, is Kant’s distinction between private and public right. Private right concerns rightful relations between individual legal subjects, where public right concerns their claims on their public institutions. I propose that the distinction between private and public right should be central to liberal critiques of current legal and political developments in the global sphere. (shrink)

The concept of freedom as non-domination that is associated with neo-republican theory provides a guiding ideal in the global, not just the domestic arena, and does so even on the assumption that there will continue to be many distinct states. It argues for a world in which states do not dominate members of their own people and, considered as a corporate body, no people is dominated by other agencies: not by other states and not, for example, by any international (...) agency or multi-national corporation. This ideal is not only attractive in the abstract, it also supports a concrete range of sensible, if often radical international policies. (shrink)

There appear to be few ways available to improve the prospects for international cooperation to address the threat of global warming within the very short timeframe for action. I argue that the most effective and plausible way to break the ongoing pattern of delay in the international climate regime is for economically powerful states to take the lead domestically and demonstrate that economic welfare is compatible with rapidly decreasing GHG emissions. However, the costs and risks of acting first can be (...) very large. This raises the question of whether it is fair to expect some states to go far ahead of others in an effort to improve the conditions for cooperation. I argue that a costly obligation to act unilaterally and to accept weak initial reciprocity can be justified and does not violate standards of fair burden sharing. Rather, the costs of creating the underlying conditions within which we can hope to achieve meaningful international cooperation are non-­‐ideal burdens for which we can appropriately assign fair shares. (shrink)

How should international law’s role in determining international distributive outcomes, economic and otherwise, affect how we think about its legitimate authority? Domestic institutions’ legitimate authority in respect of distribution derives in large part from their concurrent roles in enabling security and coordination. Internationally, by contrast, functional disaggregation means that distribution must be legitimised in its own right. I begin by distinguishing the phenomenon of Distributive International Law, on which my argument focuses. I next introduce a number of wide instrumental (...) accounts of legitimate authority, including Rawls’ Natural Duty account, Buchanan’s metacoordination view, and Williams’ political realism, showing how each understands legitimacy as an institution-level characteristic, allowing an institution’s success in one area to support its legitimacy in another where it may be less successful. This poses the question of how we distinguish amongst distinct institutions, which I answer by reference to the causal and constitutive (in)dependence amongst activities. This approach explains why distributive legitimacy does not arise as a separate question domestically: we cannot distinguish the state’s security and coordination activities from its distributive activities, so if the former are legitimate then so, ipso facto, are the latter. Internationally, by contrast, these mutual dependencies are limited, requiring that the legitimacy of distribution be established independently of other roles that international law plays. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party (...) can resolve a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

Interdisciplinary work on the nature of borders and society has enriched and complicated our understanding of democracy, community, distributive justice, and migration. It reveals the cognitive bias of methodological nationalism, which has distorted normative political thought on these topics, uncritically and often unconsciously adapting and reifying state‐centered conceptions of territory, space, and community. Under methodological nationalism, state territories demarcate the boundaries of the political; society is conceived as composed of immobile, culturally homogenous citizens, each belonging to one and (...) only one state; and the distribution of goods is analyzed according to a stark opposition between the domestic and the international. This article describes how methodological nationalism has shaped central debates in political philosophy and introduces recent work that helps dispel this bias. (shrink)

I provide an alternative to the two prevailing accounts of justice in immigration policy, the free migration view and the state discretion view. Against the background of an internationalist conception of domestic and global justice that grounds special duties of justice between co-citizens in their shared participation in a distinctive scheme of social cooperation, I defend three principles of justice to guide labor immigration policy: the Difference Principle, the Duty of Beneficence, and the Duty of Assistance. I suggest (...) how these principles are to be applied in both ideal and nonideal circumstances. Finally, I argue that the potential conflict between these principles has often been overstated, and propose priority rules for genuine cases of conflict. (shrink)

The paper problematizes the national soft power strategies of authoritarian states arguing that many of their features stem from those countries’ political regime. In particular, the author focuses on such features as actors involved in soft power policies, the public media’s international and domestic rhetoric, the presence or absence of ideological commitments, strategies’ proactiveness/reactiveness as well as their long- and short-termness. The author presents his argumentation in a fashion similar to what is called theory-building process tracing: first, he shows (...) causal links between an autocratic political regime and each of those features, and then illustrates them with relevant examples taken from case studies and media publications on the soft power strategies of contemporary Russia and China. (shrink)

China’s rise to global power status is set to be amongst the primary shapers of politics and life more broadly in the 21st century. Yet despite its immense significance, political philosophers have been surprisingly quiet on the normative implications of China’s rise. This, I will argue, is a mistake. Not only does China’s rise generate interesting normative questions in its own right; it also upends some basic assumptions that many of us have hitherto adopted in our thinking about international distributive (...) justice. In the philosophical literature, the international order is often characterised by two sorts of states – developed and developing – with the former owing demanding duties and the latter having expansive permissions to further their own development. China’s status as both a genuine superpower and a middle-income country facing significant development challenges calls into question the continued functionality of such simplifying assumptions. Against the backdrop of China’s rise – and, to a lesser extent, that of other large emerging economies – this paper develops a more fine-grained account of how to conceive of states’ differential levels of advantage, distinguishing between states that are incapable, precariously capable, and robustly capable of realizing a minimally decent standard of domestic justice. This account reaffirms the assignment of the most onerous international duties to developed states, but also assigns duties and claims to developing states in a scalar fashion, with the upshot that better-off developing states in particular bear positive duties of international justice, owed to least-developed countries (LDCs). (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to (...) limit or prevent gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for (...) rectifying injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

‘Substance’ (substantia, zelfstandigheid) is a key term of Spinoza’s philosophy. Like almost all of Spinoza’s philosophical vocabulary, Spinoza did not invent this term, which has a long history that can be traced back at least to Aristotle. Yet, Spinoza radicalized the traditional notion of substance and made a very powerful use of it by demonstrating – or at least attempting to demonstrate -- that there is only one, unique substance -- God (or Nature) -- and that all other things are (...) merely modes or states of God. Some of Spinoza’s readers understood these claims as committing him to the view that only God truly exists, and while this interpretation is not groundless, we will later see that this enticing and bold reading of Spinoza as an ‘acosmist’ comes at the expense of another audacious claim Spinoza advances, i.e., that God/Nature is absolutely and actually infinite. But before we reach this last conclusion, we have a long way to go. So, let me first provide an overview of our plan. In the first section of this paper we will examine Spinoza’s definitions of ‘substance’ and ‘God’ at the opening of his magnum opus, the Ethics. Following a preliminary clarification of these two terms and their relations to the other key terms defined at the beginning of the Ethics, we will briefly address the Aristotelian and Cartesian background of Spinoza’s discussion of substance. In the second section, we will study the properties of the fundamental binary relations pertaining to Spinoza’s substance: inherence, conception, and causation. The third section will be dedicated to a clarification of Spinoza’s claim that God, the unique substance, is absolutely infinite. This essential feature of Spinoza’s substance has been largely neglected in recent Anglo-American scholarship, a neglect which has brought about an unfortunate tendency to domesticate Spinoza’s metaphysics to more contemporary views. The fourth section will study the nature of Spinoza’s monism. It will discuss and criticize the interesting yet controversial views of the eminent Spinoza scholar, Martial Gueroult, about the plurality of substances in the beginning of the Ethics; address Spinoza’s claim in Letter 50 that, strictly speaking, it is improper to describe God as “one”; and, finally, evaluate Spinoza’s kind of monism against the distinction between existence and priority monism recently introduced into the contemporary philosophical literature. The fifth and final section will explain the nature, reality, and manner of existence of modes. We therefore have an ambitious plan; let’s get down to business. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses (...) a theory of actual consent, her theory will lead to a highly unstable political system. On either side of the dilemma, global public reason faces untenable implications. Although similar criticisms have been advanced against domestic public reason, my argument is not repeating points made before me. My argument is new, in that it raises these objections specifically against global public reason, and in that it shows how, due to increased diversity of belief in the global arena, these problems are more pressing for global public reason than they are for domestic public reason. (shrink)

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become (...) more liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

Two classes of arguments are often deployed by the anti-global egalitarians against attempts to universalize the demands of distributive equality. One are arguments attempting to show that global egalitarians have misconstrued the reasons for why equality matters domestically, and hence have wrongly extended these reasons to the global arena. These arguments hold that the boundary of distributive justice is effectively coextensive with the boundaries of state. The other are arguments that attempt to show that membership in political societies generates (...) special duties among members that may outweigh the demands of global egalitarianism. These arguments appeal to the ethical significance of state boundaries and membership. In my defense of global egalitarianism, I reject both the attempts to limit the boundary of justice and the attempts to give state boundaries special moral significance and priority. In particular, I will argue that the boundary of justice cannot coincide with the boundaries of states when the justice of the boundaries is at issue. (shrink)

in this article, we experience the exercise of a screen ethnocartography in agency with the film Beasts of the southern wild by the director Benh Zeitlin. We tested a film experimentation that led to a renewed writing ways of life. We bet on cinema and childhood as possibilities for creating cracks and a stutter of language for the creation of new worlds and ways of living. In cinema images less as a representation, and more as art that proposes incompleteness, fissure, (...) a hole in appearances. In childhood as an exercise of differentiation and resistance to dominant narratives in a given context. In childhood as a limiting experience of/in language, tirelessly exposing the human condition in front of the world. Thus, accompanying the main character of the plot, little Hushpuppy — a six-year-old resident of the “Charles Doucet Island”, experienced as “the Bathtub” —, we are shaken by the forms of life there, considered bestial and not recognized by city humans. Hushpuppy, his father and friends resist attempts to destroy their existence by the forms of the state that try to domesticate them, imbued with the logic that primitives must come to civilization, just as children must become adults. (shrink)

Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the view that states (...) may restrict immigration to protect the interests (e.g. jobs) of their domestic needy; ii) the claim that restrictions are justified as a means of preserving culture; and iii) the influential argument that the right to freedom of association entails a right to exclude. These arguments are well-known, and I describe some of the compelling responses to be found in the recent literature. The essay then turns to more neglected critiques. The first concerns how liberal regimes should think about immigration from countries where the dominant norms are illiberal. The second examines the idea that political and economic institutions are sensitive to immigration policy, especially in the long run. Both of these critiques approach the topic from a non-ideal theory perspective, emphasizing the “public choice” dimensions of immigration policy. The entry closes by suggesting that this form of critique is especially important for open-borders libertarians to respond to given their general commitments to non-ideal, non-romantic theorizing in the context of government institutions and policy. (shrink)

Extensive scientific, philosophical and artistic activities were carried out in the Islamic World’s various science and civilization centers during the early Middle Ages. In these centers, noteworthy works of mathematics, astronomy, geography, medicine, pharmacology, optics, botany, chemistry and other fields of science, which would later determine improvement paths for these fields, were created. Abu al-Izz Ismail ibn al-Razzaz al-Jazari (12th-13th centuries), was a magnificent Muslim scientist known for his work named The Book of Knowledge of Ingenious Mechanical Devices (Kitab fi (...) ma‘rifati’l-hiyal al-handasiyya) and he was born in geography where many scientists were trained. He contributed to the development of science and civilization, the joint legacy of humanity and demonstrated his true capability and success in the field of ilm al-hiyal (the scientific field which addresses the information and practices regarding mechanical technology and engineering in Islamic science history). From this perspective, it is evident that al-Jazari had a wide field of interest, made his mark in the age he lived in with his brave and innovative ideas, and was a wise engineer. al-Jazari’s detailed descriptions and explanations of water clocks, oil lamp clocks and water pumping machines, as well as their construction, were astounding. In addition, al-Jazari’s studies on metal casting techniques, cone valves, wheel balance and the real-world use of aspiration tubes are important in contemporary engineering studies. When all these are considered, it becomes clear that his designation as the “Leonardo da Vinci of the Islamic World” is not a coincidence. Many studies on al-Jazari’s scientific legacy have been conducted in various parts of the world. There are various manuscripts of his aforementioned book. Based on these manuscripts, the work has been -fully or partially- translated into many languages, including Turkish. The German and English translations served as a basis for studies on al-Jazari in other languages. In recent years, studies conducted on al-Jazari in Türkiye (books, articles, domestic and international symposiums, congresses etc.) have demonstrated his brilliance and competence as a scientist. Furthermore, studies on al-Jazari are still ongoing in Türkiye. As for Russia, the scientific legacy of the scientists raised in the Islamic World such as Avicenna, al-Farabi, Abu Bakr al-Razi, Abu Rayhan al-Biruni, Abu al-Qasim al-Zahrawi, Muhammad ibn Musa al-Khwarizmi, al-Battani, al-Kashi, Abd al-Rahman al-Khazini, Nasir al-Din al-Tusi was researched within the scope of a special plan and program. Depending on the relevant studies, al-Jazari and his work drew attention as well. A small portion of the aforementioned Russian studies is known in Türkiye. It is safe to assume that al-Jazari studies in Russia are virtually unknown in Türkiye. The present study primarily aims to contribute to the literature on the scientific legacy of al-Jazari, a Middle Age Islamic scientist best known for his famous work in the mechanical field. More specifically, the present study aims to: 1) to identify the studies on al-Jazari in Russia, and in the former USSR countries, where academic studies are still in Russian after the Soviet Union period, to create a chronological biography and to set forth their compilation; in other words, to create a bibliography which includes Russian studies on al-Jazari; 2) to provide information on the structure and content of the studies in question, to detect the methodological issues encountered in these works, and make solution recommendations to solve these issues; 3) to contribute to continuing and future studies in Türkiye on al-Jazari in terms of source and material index. In conclusion, it should be stated that comparative reading was conducted centered on The Book of Knowledge of Ingenious Mechanical Devices (Kitab fi ma‘rifati’l-hiyal al-handasiyya). It should also be noted that Russian popular internet publications (which are not based on academic research and are created/reproduced for commercial and personal purposes) were excluded from the assessment. (shrink)

The world's political and military leaders are under increasing pressure to intervene in the affairs of sovereign nations. Although the sovereignty of states and the corollary principle of nonintervention have been part of the foundation of international law, there is some latitude for states, as well as collective security organizations, to intervene in another state's domestic and foreign affairs, thus making sovereignty and the principle less than absolute. In this paper I first sketch a reasonable foundation for sovereignty (...) of states and the principle of nonintervention. Second, I offer a decision-making procedure for justified intervention. Finally, I argue that there is an important difference between the strategic argument and the humanitarian argument, a difference that may have profound implications for the future use of the latter argument by our political leaders. (shrink)

The first wave of philosophical work on global justice focused largely on the distribution of economic resources, and on the development or reformation of institutions relevant thereto. More recently, however, the horizon has broadened significantly, to also include a concern with the global spread of the right to live under reasonable legal institutions and representative forms of government (cf. “a human right to democracy”). Thus, while the first wave was focused primarily on international (non-territorial) institutions, later work has also brought (...) critical focus to bear on domestic institutions traditionally assumed to be protected by rights of state sovereignty. This naturally raises the question of whether, when, and how the international community can coercively intervene in issues falling under assumed to fall under domestic jurisdiction. Many theorists of global justice will accept, however reluctantly, that coercive means such as military force may be used (even unilaterally, if necessary) to halt a government’s mass atrocities against its civilian population (so-called “humanitarian intervention”). They are, however, for the most part firmly opposed to the use of military force as a tool to force regime change or democratic reform. I will discuss the viability of this stance along two dimensions: (i) can we draw a morally relevant distinction between humanitarian intervention and regime change policies? (ii) can we draw a morally relevant distinction between the use of military force as a policy tool and the use of other kinds of coercive measures such as economic sanctions? (shrink)