Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a state’s ability (...) to morally justify itself to its own members) and “external” legitimacy (a state’s ability to morally justify itself to humanity more broadly). (shrink)

In recent years, the debate on the problem of causal exclusion has seen an ‘interventionist turn’. Numerous non-reductive physicalists (e.g. Shapiro and Sober 2007) have argued that Woodward's (2003) interventionist theory of causation provides a means to empirically establish the existence of non-reducible mental-to-physical causation. By contrast, Baumgartner (2010) has presented an interventionist exclusion argument showing that interventionism is in fact incompatible with non-reductive physicalism. In response, a number of revised versions of interventionism have been suggested that are compatible with (...) non-reductive physicalism. The first part of this paper reconstructs the definitional details of these modified interventionist theories. The second part investigates whether the modification proposed in Woodward (2011) is not only compatible with, but moreover supports non-reductive physicalism. In particular, it is examined whether that newest variant of interventionism allows for empirically resolving the problem of causal exclusion as envisaged by Shapiro, Sober and others. (shrink)

This paper responds to recent criticism from Alejandro Agafonow. In section I, I argue that the dilemma that Agafonow points to – while real – is in no way unique to liberal peacebuilding. Rather, it arises with respect to any foreign involvement in post-conflict reconstruction. I argue further that Agafonow’s proposal for handling this dilemma suffers from several shortcomings: first, it provides no sense of the magnitude and severity of the “oppressive practices” that peacebuilders should be willing to institutionalize. Second, (...) it provides no sense of a time frame within which we can hope that endogenous liberalization should emerge in the local political culture. Finally, it provides no suggestion for what the international community should do if the desired liberalization should fail to materialize within that time frame. In section II, I show that Agafonow’s argument resonates poorly with the concepts and ideas that he claims to adopt from Rawls’s Political Liberalism. Instead, his argument evokes the guiding ideas behind Rawls’s later work The Law of Peoples. I offer a critical perspective on these ideas, focusing specifically on Rawls’s treatment of women’s rights. Section III applies this critical perspective to Agafonow’s arguments, before closing with an example of a more constructive and empirically informed approach that critical studies of post-conflict reconstruction could take. (shrink)

This paper addresses a recent wave of criticisms of liberal peacebuilding operations. We decompose the critics’ argument into two steps, one which offers a diagnosis of what goes wrong when things go wrong in peacebuilding operations, and a second, which argues on the basis of the first step that there is some deep principled flaw in the very idea of liberal peacebuilding. We show that the criticism launched in the argument’s first step is valid and important, but that the second (...) step by no means follows. Drawing a connection between liberal peacebuilding and humanitarian intervention, we argue that the problems that the critics point to are in fact best addressed within the framework of liberal internationalism itself. Further, we argue that the development of the notion of human security marks a dawning awareness within liberal internationalism of the kinds of problems that the critics point to, however difficult it may still be to embody these ideas in practice. (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)

Preface : twenty theses on cosmopolitan social theory -- Taking the "ism" out of cosmopolitanism : the equivocations of the new cosmopolitanism -- Confronting reputations : Kant's cosmopolitanism and Hegel's critique -- Cosmopolitanism and political community : the equivocations of constitutional patriotism -- Cosmopolitanism and international law : from the law of peoples to the constitutionalisation of international law -- Cosmopolitanism and humanitarian military intervention : war, peace and human rights -- Cosmopolitanism and punishment : prosecuting crimes against humanity -- (...) Cosmopolitanism and the life of the mind : the critique of reason. (shrink)

The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” in the realm of international (...) relations. This is, for obvious reasons, a controversial view, especially given the powerful and important arguments purporting to show that democracies do significantly better than nondemocracies in promoting internal peace and equality, and in engaging in peaceful international cooperation. Both proponents and opponents of the Rawlsian view of human rights have argued that the view implies that democracies may not “promote democracy” in nondemocratic societies. But, given that all parties to this dispute agree that democracy is necessary for justice, and given the important instrumental goods provided by democracy, the Rawlsian view has seemed deeply implausible to many. -/- In this paper I blunt this challenge to the Rawlsian view by showing how, even if there is no human right to democracy, we may still rightfully promote democracy in a number of ways and cases. Showing this requires investigation of what it means to “promote democracy”, and a more careful inspection of when various methods of promoting democracy are appropriate than has been done by most political theorists working on human rights. When we look carefully, we can see that in some instances acceptable forms of promoting democracy are compatible with the Rawlsian view of human rights, and that this view is therefore not vulnerable to the “instrumentalist” challenge. We also see how, if political philosophy is to be useful, it must be less abstract and look closely at actual cases. -/- This paper posted by permission of the Board of Trustees of the Leland Stanford Junior University. For information visit the Stanford University website. (shrink)

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan's recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I (...) review Buchanan's new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to Buchanan's argument that the philosophy of international law must be more empirically informed than it has been so far, and also to his claim that greater emphasis must be placed on the role of institutions. While these are important claims, I show that Buchanan often does not take the first far enough, and that appealing to institutions cannot do as much as Buchanan hopes or needs if his substantive conclusions are to be correct. (shrink)

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that are not, (...) at least at first glance, clearly political. Additionally, the reasons why gangs target particular individuals often do not obviously fit into one of the traditional protected grounds. If applicants fleeing gang activity are to successfully apply for asylum they will have to overcome these apparent difficulties. In this paper, a contribution to the University of Memphis Law Review Spring Symposium on immigration reform, I break down gang-related asylum claims into three main categories and show how at least some cases in each category fit within the area set out for protection by asylum and refugee law. I briefly discuss a conceptual framework which explains how some gang-related cases should be seen as falling in the area that asylum law seeks to protect (thereby providing a concrete example of the sort of protection that I claim in my dissertation refugee law is meant to provide) and give advice to practitioners about how to formulate meritorious claims. (shrink)

An examination of the applicability of conventional and revisionist just war principles to the global war on terror.

US military intervention and covert action is a significant contributor to global injustice. Discussion of this contributor to global injustice is relatively common in social justice movements. Yet it has been ignored by the global justice literature in political philosophy. This paper aims to fill this gap by introducing the topic into the global justice debate. While the global justice debate has focused on inter-national and supra-national institutions, I argue that an adequate analysis of US military and covert action must (...) focus on domestic institutions of the US. I describe many such institutions including industry lobbying, the ubiquity of US military bases abroad, US programs for training foreign militaries, secrecy of the intelligence and military agencies, pliant news media and government propaganda.
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While cosmopolitans are right to think that state sovereignty is derived from individuals, many cosmopolitan accounts can be too demanding in their expectations for illiberal regimes because they do not account for the attitudes of the persons with who will subject to the intervention. These ‘objectivist’ accounts suggest that sovereignty is wholly a matter of a state’s conformity to the objective demands of justice. In contrast, for ‘subjectivist’ accounts, the attitudes of citizens do matter. Subjectivist cosmopolitans do not deny the (...) objective demands of liberal justice, but argue that state sovereignty is at least partly a matter of the subjective attitude of citizens toward their state. This paper will highlight the reasons why such coercive impositions are troubling, and diagnose why objectivist theories characteristically fail to recognize them. It seeks to articulate a moderate kind of subjectivist cosmopolitanism that balances a liberal concern for rights with a worry about the imposition of political institutions or practices on a people that does not accept them. (shrink)