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.

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.

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)

A student's future as a knowledge worker (one who "thinks for a living" with the task of problem solving) is the starting point of this book. With this in mind, the book combines a review of philosophical positions and problems with practical examples and perspectives gained from everyday challenges faced by knowledge workers in their businesses and organizations. Through the use of summative chapters, highlighted key concepts, questions for reflection, and illustrative examples on how to work with the theories presented, (...) the book provides a clear and accessible introduction to this challenging subject. Philosophy of Science primarily addresses students studying language, communication, marketing, economics, and management. However, the survey of the theoretical schools of thought - as well as the discussions on research ethics and the role of research in society - will be equally relevant for other students in the humanities and the natural and social sciences. (shrink)

Wittgenstein’s and Heidegger’s objections against the possibility of a science of aesthetics were influential on different sides of the analytic/continental divide. Heidegger’s anti-scientism leads him to an alētheic view of artworks which precedes and exceeds any possible aesthetic reduction. Wittgenstein also rejects the relevance of causal explanations, psychological or physiological, to aesthetic questions. The main aim of this paper is to compare Heidegger with Wittgenstein, showing that: there are significant parallels to be drawn between Wittgenstein’s and Heidegger’s anti-scientism about aesthetics, (...) and that their anti-scientism leads both towards partly divergent criticisms of what I will call ‘aestheticism’. The divergence is mainly due to a broader metaphilosophical disagreement concerning appeals to ordinary language. Thus situating the two philosophers’ positions facilitates a possible critical dialogue between analytic and continental approaches in aesthetics. (shrink)

Anche se siamo comunemente abituati a pensare alla scienza come a un qualcosa di assolutamente atemporale e indipendente da tutto, in realtà essa è profondamente influenzata dalla cultura e dalla società del tempo in cui vive. Infatti né la scienza è isolabile dalla società, né la società è isolabile dalla scienza, tanto meno come si sta configurando oggi. Per approfondire questi aspetti, esistono però due visioni antagoniste che bisogna superare: secondo la visione scolastica, retaggio del positivismo ottocentesco ancora molto diffuso (...) fra scienziati e pubblico di non esperti, la scienza è conoscenza senza soggetto conoscente. All'opposto, la visione cinica della scienza, sull'onda di talune elaborazioni della sociologia della scienza, la riduce a nient'altro che a una costruzione di soggetti che partecipano al gioco scientifico, una cultura come altre e da "mediare", e comunque una conoscenza relativa, se non frutto di una costruzione puramente soggettiva, arbitraria, ideologica. Un'analisi della costituzione sociale della scienza può, invece, mirare a un'indagine scientifica sulla scienza proprio configurando una relatività della conoscenza che supera sia l'assolutismo idealistico sia il relativismo soggettivistico. (shrink)

Friedrich Nietzsche was among the figures from the history of nineteenth century philosophy that, perhaps surprisingly, some of the Vienna Circle’s members had presented as one of their predecessors. While, primarily for political reasons, most Anglophone figures in the history of analytic philosophy had taken a dim view of Nietzsche, the Vienna Circle’s leader Moritz Schlick admired and praised Nietzsche, rejecting what he saw as a misinterpretation of Nietzsche as a militarist or proto-fascist. Schlick, Frank, Neurath, and Carnap were in (...) different ways committed to the view that Nietzsche made a significant contribution to the overcoming of metaphysics. Some of these philosophers praised the intimate connection Nietzsche drew between his philosophical outlook and empirical studies in psychology and physiology. In his 1912 lectures on Nietzsche, Schlick maintained that Nietzsche overcame an initial Schopenhauerian metaphysical-artistic phase in his thinking, and subsequently remained a positivist until his last writings. Frank and Neurath made the weaker claim that Nietzsche contributed to the development of a positivistic or scientific conception of the world. Schlick and Frank took a further step in seeing the mature Nietzsche as an Enlightenment thinker. (shrink)

In metasemantics, semantic dispositionalism is the view that what makes it the case that, given the value of the relevant parameters, a certain linguistic expression refers to what it does are the speakers’ dispositions. In the literature, there is something like a consensus that the fate of dispositionalism hinges on the status of three arguments, first put forward by Saul Kripke ‒ or at least usually ascribed to him. This paper discusses a different, and strangely neglected, anti-dispositionalist argument, which develops (...) some remarks first put forward by Paul Boghossian and Anandi Hattiangadi and revolves around the idea that semantic dispositionalists have no way to justify their privileging certain dispositions, the ones they take to be reference-determining, over all the others. After some background (Section 1) and a first presentation of the argument (Section 2), I discuss three ways a dispositionalist might try to answer it and find them all wanting (Section 3). (shrink)

Émile Durkheim remains one of the most controversial, and deeply misunderstood, classics of social theory. His work differs from the dominant version of sociology that has essentially accepted the modernist self-description of contemporary societies; and it contradicts the individualism that has come to dominate the social sciences. For everybody who is interested in constructing theoretical alternatives to this individualism, Durkheim's sociology can be a useful inspiration - not only because of the solutions it suggests, but already because of the questions (...) it asks. Making use of the theoretical possibilities offered by the Durkheimian tradition, however, requires going beyond the familiar appropriations. The Oxford Handbook of Émile Durkheim takes stock of the different recent debates on Durkheimian sociology, and makes them accessible to a wide audience spanning various disciplines; this includes crucial debates that, due to language barriers, are not easily accessible for an English-reading public. The handbook's chapters elucidate the controversial key concepts of Durkheimian sociology; situate them within the contemporary political and theoretical debates they were originally responding to; offer surveys of empirical research that uses Durkheimian concepts (on topics that were already central for Durkheim's own work as well as on topics that Durkheim hardly touched upon), thus demonstrating the possibilities of a Durkheimian sociology; bring out the divergent, and competing, ways in which Durkheim's ideas have been appropriated and reformulated within more recent theoretical developments in the social sciences. In doing so, this volume is an important resource for all scholars and students looking to understand Durkheimian sociology. (shrink)

Abstract:We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social (...) responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic disrespect involved in affirmative action is (...) alleviated when the potential beneficiaries’ preferences against such initiatives are adaptive. We conclude that although there is a relevant sense in which paternalistic affirmative action is disrespectful, it may well be more disrespectful not to pursue such policies. (shrink)

Simondon adopts some concepts of social psychology as ‘in group’ and ‘out group’, namely from Kurt Lewin and Gordon Allport, that allow him to describe the fundamental processes shaping the domain of collective individuation, and to challenge Bergson’s distinction between a ‘closed’ community and an ‘open’ society. Reconstructing Simondon’s sources is necessary to understand how he tries to provide an analysis of the social system without presupposing a given anthropology, but rather exploring different perspectives on the human/nature threshold through the (...) concept of transindividual. In his study of the social system Simondon progressively gives conceptual shape to the processes he calls transindividual thanks to the ontogenetic analysis of the phenomena of belief, work and language. In all these domains, a ‘basic community’ emerges just over the threshold of the biological group, where the structural ambivalence of all collective processes as simultaneously closed and open becomes clear. That is why Simondon does not present the concept of the transindividual as a solution to the epistemological problem of psychic and collective individuation, but rather as the ‘field’ in which a whole series of social, biological and technical dimensions can be made converge towards a science of anthropogenic processes. (shrink)

There is little question as to whether there is good boring art, though its existence raises a number of questions for both the philosophy of art and the philosophy of emotions. How can boredom ever be a desideratum of art? How can our standing commitments concerning the nature of aesthetic experience and artistic value accommodate the existence of boring art? How can being bored constitute an appropriate mode of engagement with a work of art as a work of art? More (...) broadly, how can there be works of art whose very success requires the experience of boredom? Our goal in this paper is threefold. After offering a brief survey of kinds of boring art, we: i) derive a set of questions that we argue constitutes the philosophical problem of boring art; ii) elaborate an empirically informed theory of boredom that furnishes the philosophical problem with a deeper sense of the affect at the heart of the phenomenon; and iii) conclude by offering and defending a solution to the problem that explains why and how artworks might wish to make the experience of boredom key to their aesthetic and artistic success. (shrink)

Traditionally, the manufacturer/operator of a machine is held (morally and legally) responsible for the consequences of its operation. Autonomous, learning machines, based on neural networks, genetic algorithms and agent architectures, create a new situation, where the manufacturer/operator of the machine is in principle not capable of predicting the future machine behaviour any more, and thus cannot be held morally responsible or liable for it. The society must decide between not using this kind of machine any more (which is not a (...) realistic option), or facing a responsibility gap, which cannot be bridged by traditional concepts of responsibility ascription. (shrink)

Many people are worried about the harmful effects of climate change but nevertheless enjoy some activities that contribute to the emission of greenhouse gas (driving, flying, eating meat, etc.), the main cause of climate change. How should such people make choices between engaging in and refraining from enjoyable greenhouse-gas-emitting activities? In this chapter, we look at the answer provided by decision theory. Some scholars think that the right answer is given by interactive decision theory, or game theory; and moreover think (...) that since private climate decisions are instances of the prisoner’s dilemma, one rationally should engage in these activities provided that one enjoys them. Others think that the right answer is given by expected utility theory, the best-known version of individual decision theory under risk and uncertainty. In this chapter, we review these different answers, with a special focus on the latter answer and the debate it has generated. (shrink)

Neural devices have the capacity to enable users to regain abilities lost due to disease or injury – for instance, a deep brain stimulator (DBS) that allows a person with Parkinson’s disease to regain the ability to fluently perform movements or a Brain Computer Interface (BCI) that enables a person with spinal cord injury to control a robotic arm. While users recognize and appreciate the technologies’ capacity to maintain or restore their capabilities, the neuroethics literature is replete with examples of (...) concerns expressed about agentive capacities: A perceived lack of control over the movement of a robotic arm might result in an altered sense of feeling responsible for that movement. Clinicians or researchers being able to record and access detailed information of a person’s brain might raise privacy concerns. A disconnect between previous, current, and future understandings of the self might result in a sense of alienation. The ability to receive and interpret sensory feedback might change whether someone trusts the implanted device or themselves. Inquiries into the nature of these concerns and how to mitigate them has produced scholarship that often emphasizes one issue – responsibility, privacy, authenticity, or trust – selectively. However, we believe that examining these ethical dimensions separately fails to capture a key aspect of the experience of living with a neural device. In exploring their interrelations, we argue that their mutual significance for neuroethical research can be adequately captured if they are described under a unified heading of agency. On these grounds, we propose an “Agency Map” which brings together the diverse neuroethical dimensions and their interrelations into a comprehensive framework. With this, we offer a theoretically-grounded approach to understanding how these various dimensions are interwoven in an individual’s experience of agency. (shrink)