This chapter contains section titled: Introduction:the European Union and the Law of Peoples The Argument of Law of Peoples Standards and Grounds for International Stability Human Rights in Federations The Argument of Law of Peoples for Inter‐people Inequality Distributive Justice in Federations Federal and Global Implications Toleration and Stability Reconsidered Acknowledgments Notes.

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of concern—in particular (...) the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of concern—in particular (...) the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

It helps ordinary citizens evaluate their options and their responsibility for global institutional factors, and it challenges social scientists to address the causes of poverty and hunger that act across borders.The present volume ...

The present article explores ‘anti-cosmopolitan’ arguments that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitan’ arguments. Section 1 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply to individuals? Such norms may (...) require strict equality, Rawls’ Difference Principle, or other constraints on inequality. Section 2 considers, and rejects, several arguments why existing international institutions are not thought to meet these conditions. (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political (...) deliberations in Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

Journal of Political Philosophy, EarlyView.

Institutional suggestions for how to rethink democracy in response to changing state responsibilities and capabilities have been numerous and often mutually incompatible. This suggests that conceptual unclarity still reigns concerning how the normative ideal of democracy as collective self-determination, i.e. ?rule by the people?, might best be brought to bear in a transnational and global context. The aim in this paper is twofold. First, it analyses some consequences of the tendency to smudge the distinction between democratic theory and moral theories (...) of legitimacy and justice. Second, it develops a conceptual framework that distinguishes between necessary conditions, aspects and aims of democracy. On this basis it specifies three objectives of democracy, some of which may also hold for multilevel governance. It is argued that there are in principle at least three reasons to value democratic institutions: they are intrinsically justified to the extent that they distribute fair shares of political influence over decision-making; they are instrumentally justified to the extent that they secure several of our other best interests, one of which is our interest in non-domination; and finally, they are also instrumentally justified insofar as they secure the just distribution of other goods. The aim of this framework is not to develop a specific theory of multilevel governance but to point at important distinctions to be made and normative criteria to be specified. The intention is to take the debate forward by noting some of the issues that any satisfactory account must address. The framework lays out the grounds for analysing the institutional challenges facing legitimate multilevel governance through what is speculatively called ?multiple citizenship?, understood in explorative terms, opening the door for the manifold roles that citizens could and ought to play in multilevel governance, not only as democratic agents, but also as agents of democracy and agents of justice. (shrink)

"The growing interest in human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this have gathered to fill this gap. Divided in three parts, firstly the Kantian notion of (...) human rights is explored, with particular emphasis on how it applies to levels of government beyond the state. The second part explores the scope of human rights, including the contentious questions of whether it includes welfare rights and freedom of speech across borders. The topic of the final section is human rights institutions, with a special focus on the legitimacy of international human rights courts. Human rights have become a force to reckon with in international politics. This book, written by an international team of specialists on Kant and human rights, contributes to understanding a major political development of our times"--. (shrink)

These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and tools (...) of international mechanisms of corrective concern. The account should consider further subsidiary modes of support. On the other hand the theory is too broad, in that it gives insufficient guidance to the judges of ICs and others able to effect changes. This leaves the theory incomplete, and open to similar criticism as the book raised against others. Accounts of the theory presented in The Idea of Human Rights,and of ICs and their roles regarding human rights allow us to explore some implications of ICs for The Idea of Human Rights.We then consider how if at all The Idea of Human Rights can guide international judges. (shrink)

What kind of equality among Europeans does equal citizenship require, especially regarding education? In particular, is there good reason to insist of equality of education among Europeans—and if so, equality of what? To what extent should the same knowledge base and citizenship norms be taught across state borders and religious and other normative divides? At least three philosophical issues merit attention: (a) The requirements of multiple democratic citizenships beyond the nation state; (b) how to respect diversity while securing such equality (...) and inculcating commitments to justice and norms of citizenship, and (c) The multiple reasons for equality of various kinds among political equals living in a Union as compared to a unitary state. The article responds on the basis of several arguments in favour of certain kinds of equality. All Union citizens must enjoy a high minimum level of education, and all pupils must be informed concerning the various ways of life prevalent in Europe. Furthermore, there must be standards for securing equality of opportunity across the EU, though it is difficult to measure under multiculturalism. Citizens must also be socialised to certain ‘citizenship norms’. This shared basis to be taught in schools should avoid contested religious or philosophical premises as far as possible. Yet the school system should socialise pupils to three commitments: to the just domestic and European institutions and hence the legislation they engender, to principles that justify these institutions; and to a political theory that grounds these principles in a conception of the proper role of individuals, of member states and of the Union. I also argue that equality of result is not a plausible normative requirement among Europeans, while equality of opportunity is. The paper concludes with some comments on the lessons to be drawn for ‘Global’ citizenship. (shrink)

Machiavelli's 500-year-old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present-day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and current (...) relations among states are significantly different. The revised assumptions should make Machiavelli's followers more optimistic about international law and international courts. (shrink)

The Article addresses some of the disagreement concerning the legitimacy of the international human rights judiciary. It lays out some aspects of a theory of legitimacy for the international human rights judiciary that seem relevant to addressing two challenges: First, it is difficult to justify the human rights judiciary by appeal to standard accounts of why states agree to subject themselves to treaties. What is the problem the international human rights judiciary is meant to help solve? Second, the human rights (...) judiciary seems undemocratic and even antidemocratic when it overrules domestic, accountable legislatures. Such international judicial review is therefore sometimes thought to be normatively illegitimate, at least regarding democracies. (shrink)

How should the global set of social institutions distribute income and wealth among members of different states? I present a Theory of Global Justice which supports the Bounded Significance of State Borders: The states system must satisfy the Determinate Human Needs of all, and the distribution within each state must satisfy Rawls' Difference Principle. However, justice does not require a Global Difference Principle: income and wealth need not be distributed so as to maximize the income and wealth of the globally (...) worst off. ;The Theory of Global Justice illuminates the status of claims to equality within contractualism. There is no general presumption for equality of condition, and only contingent grounds for equality of certain goods. ;The claim to satisfaction of needs and the claim to equal income and wealth stem from two different sources: The Principle of Human Rights and The Principle of Equal Procedural Controls. The Principle of Equal Procedural Controls applies among citizens within state borders, but not among individuals in different states. ;Chapter 1 presents the central concepts of the Theory of Global Justice: states systems, contractualism and impact arguments. ;The Theory of Global Justice recognizes two kinds of interests as grounding claims on social institutions: Determinate Human Needs, and various controls over factors which affect our lives. Chapter 2 explains the notion of Determinate Human Needs. ;Chapter 3 argues for The Principle of Human Rights. The set of international institutions must seek to secure the satisfaction of the Determinate Human Needs of all. ;Chapter 4 presents the Principle of Equal Procedural Controls. Participants in important procedures can sometimes reasonably claim an equal share of procedural controls. ;The Principle of Equal Procedural Controls applies differently among compatriots and among foreigners. Chapter 5 claims that this principle requires equality of Social Primary Goods and the Difference Principle among citizens. ;Chapter 6 denies that the Principle of Equal Procedural Controls applies among individuals in different states in such a way as to support a Global Difference Principle. State borders thus legitimately affect individuals' grounds for claiming equal shares of procedural controls. (shrink)

Online controlled experiments, also known as A/B tests, have become ubiquitous. While many practical challenges in running experiments at scale have been thoroughly discussed, the ethical dimension of A/B testing has been neglected. This article fills this gap in the literature by introducing a new, soft ethics and governance framework that explicitly recognizes how the rise of an experimentation culture in industry settings brings not only unprecedented opportunities to businesses but also significant responsibilities. More precisely, the article (a) introduces a (...) set of principles to encourage ethical and responsible experimentation to protect users, customers, and society; (b) argues that ensuring compliance with the proposed principles is a complex challenge unlikely to be addressed by resorting to a one-solution response; (c) discusses the relevance and effectiveness of several mechanisms and policies in educating, governing, and incentivizing companies conducting online controlled experiments; and (d) offers a list of prompting questions specifically designed to help and empower practitioners by stimulating specific ethical deliberations and facilitating coordination among different groups of stakeholders. (shrink)

The impact of large digital corporations on our freedom is often lamented but rarely investigated systematically. This paper aims to fill this desideratum by focusing on the power of social media corporations and the freedom of their users. In order to analyze this relationship, I distinguish two forms of freedom and two corresponding forms of power. Social media corporations extend their users’ freedom of choice by providing many new options. This provision, however, comes with the domination by these corporations because (...) it is based on their power of uncontrolled interference. Users could escape this domination through exit. One reason why they do not choose this option is that they would lose the benefits associated with the network effects provided by social media services. A second reason is that the power of social media corporations runs so deep that they are able to manipulate the autonomous decision-making processes of their users. Users are provided with many new avenues for authentic self-presentation on social media. By using them, however, users need to conform to a web interface that is designed by corporations to undermine self-control. Through these two mechanisms, corporations are able to promote an interest in users to present themselves on their platforms. Insofar as this works, they secure the users’ compliance to their domination through subjectivation. This double conjunction of choice and domination, on the one hand, and autonomy and subjectivation, on the other, makes the case that the very power of corporate social media stems from their intrinsic connection to genuine practices of freedom. (shrink)

One of the most enigmatic and inevitably most suggestive words that Hölderlin’s philosophical work delivers to us is the neologism introduced in the summer of 1799: aorgisch, aorgic. A principle that is both ontological and mimetic, the aorgic undoubtedly represents the presence of the sublime in Hölderlin, albeit concealed terminologically, but also a particular declination that makes it not always easy to assimilate to the theories of the eighteenth-century and romantic sublime. This paper attempts to probe the role played by (...) the aorgic in the configuration of an aesthetics of the tragic by considering two precise moments: the writing, Grund zum Empedokles, which seeks to give speculative legitimacy to the unfinished tragedy on Empedocles, and the notes that accompanied the translations of Sophocles that Hölderlin published in 1804. Interpreted as the dimension of the formless, but also of the possible, the aorgic is necessarily thought by Hölderlin always next to its opposite pole, the organic, that is the dimension of the human in the broad sense (art, culture, history). The relationship between these two poles is not only dialectical, along the lines of Fichte’s Wechselwirkung, but also analogical, recovering that relationship between physis and techne that Aristotle had already indicated in the second book of Physics. The aorgic therefore represents the necessary alienation to which nature is subjected in order to become culture (or art), a passage that, from the point of view of traditional aesthetic categories, could be read as the transition from the (natural) unrepresentability of the sublime to the (cultural) configuration of the beautiful: from chaos to form. (shrink)

Sartre’s account of the emotions presupposes a conception of human nature that is never fully articulated. The paper aims to render such conception explicit and to argue that frustration occupies a foundational place in Sartre’s picture of affective existence.

Human-centered explainable AI (HCXAI) advocates for the integration of social aspects into AI explanations. Central to the HCXAI discourse is the Social Transparency (ST) framework, which aims to make the socio-organizational context of AI systems accessible to their users. In this work, we suggest extending the ST framework to address the risks of social misattributions in Large Language Models (LLMs), particularly in sensitive areas like mental health. In fact LLMs, which are remarkably capable of simulating roles and personas, may lead (...) to mismatches between designers' intentions and users' perceptions of social attributes, risking to promote emotional manipulation and dangerous behaviors, cases of epistemic injustice, and unwarranted trust. To address these issues, we propose enhancing the ST framework with a fifth 'W-question' to clarify the specific social attributions assigned to LLMs by its designers and users. This addition aims to bridge the gap between LLM capabilities and user perceptions, promoting the ethically responsible development and use of LLM-based technology. (shrink)

A growing number of consumer technology companies are aiming to convince older people that humanoid robots make helpful tools to support aging-in-place. As hybrid devices, socially assistive robots (SARs) are situated between health monitoring tools, familiar digital assistants, security aids, and more advanced AI-powered devices. Consequently, they implicate older people’s privacy in complex ways. Such devices are marketed to perform functions common to smart speakers (e.g., Amazon Echo) and smart home platforms (e.g., Google Home), while other functions are more specific (...) to older people, including health and safety monitoring and serving as companions to mitigate loneliness. Privacy is a key value central to debates about the ethics of using SARs in aged care, yet there has been very little interchange between these debates and the robust theoretical discussion in the legal literature about the future of privacy and AI governance. Drawing on two qualitative studies of older people’s views on consumer SARs, the paper contributes novel findings about older people’s thinking on privacy and data governance at the intersection of their experiences with present day digital technologies and projections for future AI systems, and places their views in dialogue with debates about the future of privacy protection and AI governance. (shrink)

Powers, capacities and dispositions (in what follows I will use these terms synonymously) have become prominent in recent debates in metaphysics, philosophy of science and other areas of philosophy. In this paper I will analyse in some detail a well-known argument from scientific practice to the existence of powers/capacities/dispositions. According to this argument the practice of extrapolating scientific knowledge from one kind of situation to a different kind of situation requires a specific interpretation of laws of nature, namely as attributing (...) dispositions to systems. My main interest will be to discuss what characteristics these dispositions need to have in order to account for the scientific practice in question. I will furthermore assess whether the introduction of dispositions in the context of the extrapolation argument can be described as a ‘revitalization’ or as a ‘return’ to those notions repudiated by early modern philosophers. More particularly I will argue for the following claims: I. In repudiating scholastic terminology, including substantial forms with their causal powers, post-cartesian philosophers focussed on a concept of causation that was much stronger than 21st century conceptions of causation. For this reason alone, whatever ‘causal’ is supposed to mean in today’s causal powers, embracing causal powers is not a simple return to a pre-cartesian notion. II. The dispositions presupposed in scientific practice need not (and should not) be construed in causal terms (whether strong or weak). III. While some early modern philosophers contrasted the characterisation of the natural world in terms of substantial forms (and their causal powers) on the one hand and a mathematical characterization on the other and suggested that these approaches are incompatible, the dispositions postulated by the extrapolation argument to account for scientific practice are themselves characterized in mathematical terms. More precisely: The behaviour the systems are disposed to display is – at least in physics – often characterized in mathematical terms. IV. The dispositions assumed in the law-statements in scientific practice are determinable rather than determinate properties. (shrink)

A new and comprehensive look at the reasons behind successful or failed nation building Nation Building presents bold new answers to an age-old question. Why is national integration achieved in some diverse countries, while others are destabilized by political inequality between ethnic groups, contentious politics, or even separatism and ethnic war? Traversing centuries and continents from early nineteenth-century Europe and Asia to Africa from the turn of the twenty-first century to today, Andreas Wimmer delves into the slow-moving forces that (...) encourage political alliances to stretch across ethnic divides and build national unity. Using datasets that cover the entire world and three pairs of case studies, Wimmer's theory of nation building focuses on slow-moving, generational processes: the spread of civil society organizations, linguistic assimilation, and the states' capacity to provide public goods. Wimmer contrasts Switzerland and Belgium to demonstrate how the early development of voluntary organizations enhanced nation building; he examines Botswana and Somalia to illustrate how providing public goods can bring diverse political constituencies together; and he shows that the differences between China and Russia indicate how a shared linguistic space may help build political alliances across ethnic boundaries. Wimmer then reveals, based on the statistical analysis of large-scale datasets, that these mechanisms are at work around the world and explain nation building better than competing arguments such as democratic governance or colonial legacies. He also shows that when political alliances crosscut ethnic divides and when most ethnic communities are represented at the highest levels of government, the general populace will identify with the nation and its symbols, further deepening national political integration. Offering a long-term historical perspective and global outlook, Nation Building sheds important new light on the challenges of political integration in diverse countries. (shrink)

Edmund Husserl is regarded as the founder of transcendental phenomenology, one of the major traditions to emerge in twentieth-century philosophy. In this book Andrea Staiti unearths and examines the deep theoretical links between Husserl's phenomenology and the philosophical debates of his time, showing how his thought developed in response to the conflicting demands of Neo-Kantianism and life-philosophy. Drawing on the work of thinkers including Heinrich Rickert, Wilhelm Dilthey and Georg Simmel, as well as Husserl's writings on the natural and human (...) sciences that are not available in English translation, Staiti illuminates a crucial chapter in the history of twentieth-century philosophy and enriches our understanding of Husserl's thought. His book will interest scholars and students of Husserl, phenomenology, and twentieth-century philosophy more generally. (shrink)

We argue that there are three coherent, nontrivial notions of basic-ness: conceptual basic-ness, biological basic-ness, and psychological basic-ness. There is considerable evidence for conceptually basic emotion categories (e.g., “anger,” “fear”). These categories do not designate biologically basic emotions, but some forms of anger, fear, and so on that are biologically basic in a sense we will specify. Finally, two notions of psychological basic-ness are distinguished, and the evidence for them is evaluated. The framework we offer acknowledges the force of some (...) of the objections to basic emotion theory whilst demonstrating that the notion of a basic emotion, once properly reformulated, is still of scientific value. (shrink)

This paper offers a theory of spatial indexicals like _here_ and _there_ on which such expressions are variables associated with presuppositional constraints on their values. I show how this view handles both referential and bound uses of these indexicals, and I propose an account of what counts as the location of the context on a given occasion. The latter is seen to explain a wide range of facts about what the spatial indexicals can refer to.

In this groundbreaking book, Andrea R. English challenges common assumptions by arguing that discontinuous experiences, such as uncertainty and struggle, are essential to the learning process. To make this argument, Dr. English draws from the works of two seminal thinkers in philosophy of education - nineteenth-century German philosopher J. F. Herbart and American Pragmatist John Dewey. English's analysis considers Herbart's influence on Dewey, inverting the accepted interpretation of Dewey's thought as a dramatic break from modern European understandings of education.

This chapter contains sections titled: Introduction Nihilism Skepticism Nihilism and Skepticism.

Epistemische Tugenden sind Eigenschaften des forschenden Subjekts, die in wissenschaftlichen Kulturen als Bedingung fur die Produktion, Vermittlung oder den Erwerb von Wissen angesehen werden. Sie lassen sich nicht auf ein abstraktes Sollen reduzieren, wie es oft von Ethikkommissionen oder politischen Bewegungen an die Wissenschaft herangetragen wird. Die methodische Erzeugung von Wissen ware kaum moglich, wenn es nicht erkenntnisfordernde Tugenden wie Geduld, Aufmerksamkeit, Genauigkeit, Intuition, Wahrhaftigkeit, Neugierde, Strenge oder Zuverlassigkeit gabe, die den an sich prekaren Erkenntnisprozess stabilisieren und in eine bestimmte (...) Richtung lenken. Die Beitrage dieses Sammelbandes befassen sich mit epistemischen Tugenden aus (wissenschafts-)historischer, philosophischer, medien- und literaturwissenschaftlicher Perspektive. Ein Schwerpunkt liegt dabei auf dem Verhaltnis von wissenschaftlichen und soziokulturellen beziehungsweise moralischen Normen. Mit Beitragen von: Lorraine Daston, Martin Doll, Andreas Gelhard, Raymond Geuss, Ruben Hackler, Michael Hagner, Jens Kertscher, Markus Krajewski, Marcel Lepper, Martin Mulsow, Oliver Nievergelt, Tanja Paulitz, Robert Proctor, Katja Sabisch, Sandro Zanetti, Cornelia Zumbusch. (shrink)