Human Rights, Legitimacy, and the Use of Force
OUP USA (2010)
| Abstract | The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved. | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | No categories specified (fix it) | |||||||||
| Buy the book | $54.93 new (26% off) $62.33 direct from Amazon (16% off) Amazon page | |||||||||
| ISBN(s) | 9780195389654 0195389654 | |||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,705 |
| External links |
  Try with proxy. |
| Through your library | Configure |
Similar books and articlesMatthew J. Lister (2011). Are Institutions and Empiricism Enough? [REVIEW] Transnational Legal Theory 2 (1).
M. Kahler (2011). Legitimacy, Humanitarian Intervention, and International Institutions. Politics, Philosophy and Economics 10 (1):20-45.
A. Buchanan (2011). Reciprocal Legitimation: Reframing the Problem of International Legitimacy. Politics, Philosophy and Economics 10 (1):5-19.
Christine Chwaszcza (2010). The Concept of Rights in Contemporary Human Rights Discourse. Ratio Juris 23 (3):333-364.
Marcus Arvan (2009). In Defense of Discretionary Association Theories of Political Legitimacy: Reply to Buchanan. Journal of Ethics and Social Philosophy.
N. MacCormick (1998). Norms, Institutions, and Institutional Facts. Law and Philosophy 17 (3):301-345.
P. Sutch (2012). Human Rights and the Use of Force: Assertive Liberalism and Just War. European Journal of Political Theory 11 (2):172-190.
Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
Jordy Rocheleau (2007). State Consent Vs. Human Rights as Foundations for International Law. Social Philosophy Today 23:117-132.
Anne van Aaken (2002). Deliberative Institutional Economics, or Does Homo Oeconomicus Argue?: A Proposal for Combining New Institutional Economics with Discourse Theory. Philosophy and Social Criticism 28 (4):361-394.
Javier Vázquez-Salceda, Huib Aldewereld, Davide Grossi & Frank Dignum (2008). From Human Regulations to Regulated Software Agents' Behavior. Artificial Intelligence and Law 16 (1):73-87.
Analytics
Monthly downloads |
Added to index2012-01-31Total downloads15 ( #78,732 of 549,198 )Recent downloads (6 months)1 ( #63,397 of 549,198 )How can I increase my downloads? |
My notes
Discussion
