Are Institutions and Empiricism Enough? [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Transnational Legal Theory 2 (1) (2011)
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.
|Keywords||International law Huaman Rights Just War Jurisprudence Intervention Allen Buchanan institutions global justice|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).
Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
P. Sutch (2012). Human Rights and the Use of Force: Assertive Liberalism and Just War. European Journal of Political Theory 11 (2):172-190.
Roland Pierik & Wouter Werner (2005). Cosmopolitism, Global Justice and International Law. The Leiden Journal of International Law 18 (4):679-684.
Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.) (2006). Justice and Global Politics. Cambridge University Press.
Allen Buchanan & Robert O. Keohane (2006). The Legitimacy of Global Governance Institutions. Ethics and International Affairs 20 (4):405–437.
Sagar Sanyal (2009). US Military and Covert Action and Global Justice. International Journal of Applied Philosophy 23 (2):213-234.
A. Buchanan (2011). Reciprocal Legitimation: Reframing the Problem of International Legitimacy. Politics, Philosophy and Economics 10 (1):5-19.
Jordy Rocheleau (2007). State Consent Vs. Human Rights as Foundations for International Law. Social Philosophy Today 23:117-132.
Basak Cali & Alice Wyss, Authority of International Institutions: The Case for International Human Rights Treaty Bodies.
Michael Blake (2008). Allen Buchanan,Justice, Legitimacy, and Self‐Determination: Moral Foundations for International Law:Justice, Legitimacy, and Self‐Determination: Moral Foundations for International Law. Ethics 118 (4):721-726.
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Jovana Davidovic (2012). International Rule-of-Law and Killing in War. Social Theory and Practice 38 (3):531-553.
Added to index2012-02-10
Total downloads9 ( #340,765 of 1,790,294 )
Recent downloads (6 months)1 ( #429,817 of 1,790,294 )
How can I increase my downloads?