International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal (...) prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor. (shrink)
Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant (...) broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel in the view he took of the foundations of the law to make peace in the international sphere. In the conclusion to the book, Kant and his law of peace are considered in relation to the condition of contemporary international society. (shrink)
Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...) they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)
International Relations and the Philosophy of History examines the concept of civilization in relation to international systems through an extensive use of the literature in the philosophy of history. A. Nuri Yurdusev demonstrates the relevance of a civilizational approach to the study of contemporary international relations by looking at the multi-civilizational nature of the modern international system, the competing claims of national and civilizational identities and the rise of civilizational consciousness after the Cold War.
The International Union of History and Philosophy of Science organizing the 10th International Congress of Logic, Methodology and Philosophy of Science is at its cross-road: the alternative is mass-performance or creative exchange of ideas. The program is criticized because the thematic center in History and Philosophy of Science has been shifted too far into the realm of micro-fields of Logic and the time reduction for presentation and discussion of papers to 20 minutes should be reconsidered. (...) Several outstanding papers are shortly discussed: Martin-Löw on "Formalized Tarski-Semantics of Type Theory", Hoyningen-Huene on "Feyerabend and Kuhn", Leroux on "Helmholtz and Hertz", and Muller on "Bell meets Dirac". Finally the visiting-program is gratefully appreciated. (shrink)
This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not (...) least, the discussion enables us to reach conclusions as to how terrorism research that combines philosophy and international law in particular, and interdisciplinary research into terrorism in general, can be meaningfully implemented. The individual aspects are clarified on the basis of the discussion surrounding justified measures for combating terrorism and the justification of the targeted killing of terrorists. (shrink)
The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth (...) century to make piracy, war crimes, and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' versions of 'international law'. (shrink)
There has been a recent growth in philosophy of psychiatry that draws heavily (although not exclusively) on analytic philosophy with the aim of a better understanding of psychiatry through an analysis of some of its fundamental concepts. This 'new philosophy of psychiatry' is an addition to both analytic philosophy and to the broader interpretation of mental health care. Nevertheless, it is already a flourishing philosophical field. One indication of this is the new Oxford University Press series (...)International Perspectives in Philosophy and Psychiatry seven volumes of which (by Bolton and Hill; Bracken and Thomas; Fulford, Morris, Sadler, and Stanghellini; Hughes, Louw, and Sabat; Pickering; Sadler; and Stanghellini) are examined in this critical review. (shrink)
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, (...) not simply peace among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)
This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes of modern identity (...) formation of which the West, the First World, the Rule of Law and the individual subject and his or her freedoms are but a part. The concept of development is thus identified within western culture as a symptom of loss within the desire for completion; as the logic behind the economic restructuring of nations as underdeveloped is revealed as that ruthless imaginary by which First World nations maintain their ideal of themselves. Drawing upon anthropology, economics, historiography, philosophy of science, theology, feminism, cultural studies and development studies, this book contains the best of interdisciplinary work in international law. (shrink)
Re-thinking via deconstruction qua affirmation -- "Testimonial faith" in/about IR philosophy of science: the possibility condition of a pluralist science of world politics -- Khôra as the condition of possibility of the ontological without ontology -- Rethinking the "agent-structure" problematique: from ontology to parergonality -- Identity/difference and othering: negotiating the impossible politics of aporia -- Autoimmunity of trust without trust -- Rethinking international constitutional order: the autoimmune politics of binding without binding -- The quest for "illogical" logics of (...) action in IR. (shrink)
Universalism in Greek and Roman antiquity and Christian political philosophy -- Universalistic thinking from early modern times to Enlightenment -- The emergence of particularism in the nineteenth and twentieth centuries -- The triumph of particularism in twentieth-century international relations theory -- Instead of a conclusion : towards renewed ontology(ies).
The paper shows epistemological, methodological and ontological peculiarities of chemistry taken as a classificatory science of materials using experimental methods. Without succumbing to standard interpretations of physical science, chemical methods of experimental investigation, classification, reference, theorizing, prediction and production of new entities are developed one by one as first steps towards a philosophy of chemistry. Chemistry challenges traditional concepts of empirical object, empirical predicate, reference frame and theory, but also the distinction commonly drawn between natural science and technology. Due (...) to its many peculiarities, I propose to treat chemistry philosophically as a special type of science, apart from other sciences. (shrink)
This paper examines the effects of moral philosophy and ethnocentrism on quality of life orientation in international marketing. It also provides a cross-cultural comparison of ethical values between Koreans and Americans. International quality-of-life (IQOL) orientation refers to marketers' disposition to make decisions to enhance the well-being of consumers in foreign markets while preserving the well-being of other stakeholders. It is hypothesized that marketers' moral philosophy and ethnocentrism influence the development of marketers' IQOL. Specifically, the higher the (...) IQOL orientation of international managers, the higher their moral idealism, the higher their moral relativism, and the lower their ethnocentrism. Also, it is hypothesized that American managers are likely to score higher on moral relativism but lower on moral idealism compared to their Korean counterparts. Also, Korean managers are expected to be more ethnocentric than American managers. Data were collected from business professionals who enrolled in professional MBA courses both from the U.S. and Korea. The results provided support for the hypothesized relationships. Managerial implications of these relationships are discussed. (shrink)
The main objectives of the International Academy of Philosophy are: to join efforts internationally to stimulate the philosophical mind; to enhance the development of philosophy; to facilitate collaboration in the sphere of philosophy among well-known scholars and educational institutions and establishments; to serve the dissemination of academic values and the development of education and philosophy on the international level.
In this critique of security studies, with insights into the thinking of Heidegger, Foucault, Derrida, Levinas and Arendt, Michael Dillon contributes to the rethinking of some of the fundamentals of international politics, developing what might be called a political philosophy of continental thought. Drawing on the work of Martin Heidegger, Politics of Security establishes the relationship between Heidegger's radical hermeneutical phenomenology and politics and the fundamental link between politics, the tragic and the ethical. It breaks new ground by (...) providing an etymology of security, tracing the word back to the Greek asphaleia --meaning not to trip up or fall down-- and a unique political reading of Oedipus Rex. Michael Dillon traces the roots of desire for security to the metaphysical desire for certitude, and points out that our way of seeking that security is embedded in 20th century technology, thus resulting in a global crisis. (shrink)
International Justice and the Third World examines the conceptual and ethical issues surrounding the idea of development. The contributors forcefully contest the view that there is no such thing as justice beween societies of unequal power, and no obligation to assist poor people in distant countries. While attentive to and explicatory of the presuppositions adhering to development models, Liberal and Marxist approaches to universal responsibilities are forwarded and these approaches' ability to manage global issues of equity are weighed.