The idea of cosmopolitanism is increasingly in circulation both in the social sciences and in the language of everyday life. There is, however, much uncertainty about what it means, what it refers to and what role it plays in social scientific thinking. In this book Robert Fine explores the concept of cosmopolitanism, its contribution to critical thought, and its application to a number of pressing political issues: taming global marketisation, resisting the resurgence of nationalism and fundamentalism, constructing transnational forms of (...) political community, enhancing the role of international law and human rights, prosecuting crimes against humanity and assessing the legitimacy of humanitarian military intervention. He explores the idea of cosmopolitanism both as a description of social reality and as a key element in the life of the modern mind. Cosmopolitanism offers an innovative discussion of the social, legal and political dimensions of the cosmopolitan turn in the social sciences. It should be of interest to students and researchers in the fields of social theory, sociology, political theory, cultural studies, international relations and law."--Book cover. (shrink)

In this highly innovative book Robert Fine compares three great studies of modern political life: Hegel's Elements of the Philosophy of Right, Marx's Capital and Hannah Arendt's Origins of Totalitarianism, and argues that they are all profoundly radical texts, which jointly contribute to our understanding of the modern world. Fine maintains that these works are far more revealing when read together than in opposition, and draws a direct parallel between Hegel's critique of social forms of right and Marx's critique of (...) social forms of value. Fine shows how fruitfully their work can and should be combined. Hannah Arendt was in turn critical of what she saw as the historicism of both Hegel and Marx, but Fine argues that her study of the origins of totalitarianism directly picks up on their insights into the modern potential for fanaticism and destructiveness. Arendt never disavowed any of the nineteenth century thinkers who prefigured the catastrophes to come, but Fine shows her indebtedness to Hegel and Marx. This fascinating book offers a re-reading of these texts as three pivotal moments in the construction of a critical humanist tradition. (shrink)

The core argument in this paper is that, to reconstruct the last unwritten section on Judging in Hannah Arendt's Life of the Mind , it is necessary to address what Arendt was doing with the book as a whole and how the different parts relate internally to one another. This is no easy matter, especially as the existing sections on Thinking and Willing are quite different in tone from one another. My proposition is that the work should be read as (...) a critique of the life of the `modern' mind, and especially of the differentiation of the modern mind into distinct and reified faculties. The work as a whole is an attempt to understand the distorted forms of modernization that result from the division of the life of the mind into opposing faculties. It is, so to speak, a critique of the combined and uneven development of the life of the modern mind. While Arendt famously argues that the activity of thinking itself conditions people against evildoing, the spectre that informs her analysis of both thinking and willing is the danger of nihilism inherent in these mental activities. The work raises vital questions concerning the conditions under which this danger is actualized and the means by which it might be averted. What this entails for our reconstruction of the missing section on judgment is that, rather than see it as the core of Arendt's contribution to political thought or as the promised solution to an impasse, we should explore the equivocations of judging. This aporetic reading of the text helps clarify Arendt's concerns over the separation of the life of the mind from the world and the role of both judging and understanding in renewing its connections to the world. (shrink)

There is a conflict between the wishes of terminally ill patients to allow withdrawal of treatment and become donors after cardiac death (DCD) and the limit on interventions required by the dead-donor rule (DDR). Once a breathing tube is removed, hours can pass before the patient expires. This interim time complies with the DDR, but often makes donation impossible. The consequences are the nullification of donors’ wishes and the waste of organs for transplantation. Since the DDR was developed, attitudes on (...) end-of-life interventions have evolved, organ donation has been embraced, and the field of organ transplantation has been firmly established. A new ethical approach is needed that, based on patients’ autonomy, considers organ donation a goal of care and views the donated organs as having a profound value for the donor and recipient. It is time to prioritize patients’ autonomous desire to donate life-giving organs to others and thus promote continuity of care for the donated organs over the modality of death pronouncement. To support patients’ desire to be organ donors, the conversation should be open to allow medical intervention in the peri-extubation period. (shrink)

In this paper we explore the sustained and multifaceted attempt of Jürgen Habermas to reconstruct Kant's theory of cosmopolitan right for our own times. In a series of articles written in the post‐1989 period, Habermas has argued that the challenge posed both by the catastrophes of the twentieth century, and by social forces of globalization, has given new impetus to the idea of cosmopolitan justice that Kant first expressed. He recognizes that today we cannot simply repeat Kant's eighteenth‐century vision: that (...) if we are to grapple with the complexities of present‐day problems, it is necessary to iron out certain inconsistencies in Kant's thinking, radicalize it where its break from the old order of nation‐states is incomplete, socialize it so as to draw out the connections between perpetual peace and social justice, and modernize it so as to comprehend the “differences both in global situation and conceptual framework that now separate us from him.”1 His basic intuition, however, is that Kant's idea of cosmopolitan right is as relevant to our times as it was to Kant's own. If it was Kant's achievement to formulate the idea of cosmopolitanism in a modern philosophical form, Habermas takes up the challenge posed by Karl‐Otto Apel: to “think with Kant against Kant” in reconstructing this idea. What follows is a critical assessment of Habermas's response to this challenge. We focus here on the dilemmas he faces in grounding his normative commitment to cosmopolitan politics and in reconciling his cosmopolitanism with the national framework in which he developed his ideas of constitutional patriotism and deliberative democracy. (shrink)

s theory of cosmopolitan right is widely viewed as the philosophical origin of modern cosmopolitan thought. Hegel’s critique of Kant’s theory of cosmopolitan right, by contrast, is usually viewed as regressive and nationalistic in relation to both Kant and the cosmopolitan tradition. This paper reassesses the political and philosophical character of Hegel’s critique of Kant, Hegel’s own relation to cosmopolitan thinking, and more fleetingly some of the implications of his critique for contemporary social criticism. It is argued that Hegel’s critique (...) was neither regressive nor nationalistic, but rather that he advanced the theory of cosmopolitan right beyond the Kantian framework of formal natural law. The main proposition is that Hegel was not only the first to recognize cosmopolitanism as a definite social form of right, relative to other forms in the modern system of right, but that his ‘scientific and objective’ approach to the issue makes a substantial contribution to restoring the severed connections between the realism of war between nations and the normativism of perpetual peace. Key Words: cosmopolitanism • Habermas • Hegel • Kant • nationalism • peace • right • war. (shrink)

Abstract: The cosmopolitan imagination constructs a world order in which the idea of human rights is an operative principle of justice. Does it also construct an idealisation of human rights? The radicality of Enlightenment cosmopolitanism, as developed by Kant, lay in its analysis of the roots of organised violence in the modern world and its visionary programme for changing the world. Today, the temptation that faces the cosmopolitan imagination is to turn itself into an endorsement of the existing order of (...) human rights without a corresponding critical analysis of the roots of contemporary violence. Is the critical idealism associated with Kantian cosmopolitanism at risk of transmutation into an uncritical positivism? We find two prevailing approaches: either the constitutional framework of the existing world order is presented as the realisation of the cosmopolitan vision, or cosmopolitanism is turned into a utopian vision of a world order in which power is subordinated to the rule of international law. I suggest that the difficulties associated with both wings of cosmopolitanism threaten the legitimacy of the project and call for an understanding and culture of human rights that is less exclusively "conceptual" and more firmly grounded in social theory. (shrink)

In this paper we explore the sustained and multifaceted attempt of Jürgen Habermas to reconstruct Kant's theory of cosmopolitan right for our own times. In a series of articles written in the post‐1989 period, Habermas has argued that the challenge posed both by the catastrophes of the twentieth century, and by social forces of globalization, has given new impetus to the idea of cosmopolitan justice that Kant first expressed. He recognizes that today we cannot simply repeat Kant's eighteenth‐century vision: that (...) if we are to grapple with the complexities of present‐day problems, it is necessary to iron out certain inconsistencies in Kant's thinking, radicalize it where its break from the old order of nation‐states is incomplete, socialize it so as to draw out the connections between perpetual peace and social justice, and modernize it so as to comprehend the “differences both in global situation and conceptual framework that now separate us from him.”1 His basic intuition, however, is that Kant's idea of cosmopolitan right is as relevant to our times as it was to Kant's own. If it was Kant's achievement to formulate the idea of cosmopolitanism in a modern philosophical form, Habermas takes up the challenge posed by Karl‐Otto Apel: to “think with Kant against Kant” in reconstructing this idea. What follows is a critical assessment of Habermas's response to this challenge. We focus here on the dilemmas he faces in grounding his normative commitment to cosmopolitan politics and in reconciling his cosmopolitanism with the national framework in which he developed his ideas of constitutional patriotism and deliberative democracy. (shrink)

The institution of crimes against humanity at Nuremberg in 1945 was an event which marked the birth of cosmopolitan law as a social reality. Cosmopolitan law has existed as an abstract idea at least since the writings of Kant in the late eighteenth century, but Nuremberg turned the notion of humanity from a merely regulative idea into a substantial entity. Crimes against humanity differ significantly from the traditional categories of international law: war crimes and crimes against peace. While the latter (...) generally treats states as subjects of right and upholds the principle of national sovereignty, the former treats individuals as subjects of right and encroaches on national sovereignty. I focus here on the writings of Hannah Arendt on the Nuremberg trials, the Eichmann trial and the actuality of crimes against humanity perpetrated in totalitarian regimes. I explore her relation to the optimistic and naive cosmopolitanism of Karl Jaspers, as well as to the two prevailing forms of critical thought: the cynical realism towards the law adopted by many of the defendants, including Carl Schmitt, and the deconstructive attitude to humanism and technology adopted by Martin Heidegger. I maintain that Arendt's rugged cosmopolitanism, tested against its critics, remains exceptionally revealing on the issue of crimes against humanity now that this issue has re-emerged, after many years of silence, as arguably the most important question of our own day. (shrink)

This chapter contains sections titled: Introduction Cosmopolitanism and the Rights of Man: The Radicalisation of Natural Law Cosmopolitanism and Social Theory: The Preservation and Transcendence of Natural Law Cosmopolitanism and Human Rights: The Dialectics of Progress Cosmopolitanism and the Crisis of Human Rights: The Turn to Judgment Acknowledgments References.

This paper reviews the contribution of Hannah Arendt's 1963 monograph, On Revolution, to the theme of this collection: “contestatory cosmopolitanism.” I am critical of normative interpretations of the text that treat it as a wholesale rejection of the French revolutionary tradition and as a tribute either to American constitutionalism, in more liberal readings, or to the council system of direct democracy, in more radical readings. I read it against this doctrinal grain as a dialectical analysis of the modern revolutionary tradition (...) as a whole. I argue that it is more productive for our own purposes and more faithful to Arendt's own approach to read the book as an exploration of the developmental forms of the modern revolutionary tradition, beginning with the “perplexities” present in the modern concept of revolution and then moving on to the more applied and practical “perplexities” involved in the realization of the concept: first in the French Revolution, then in the American Revolution and finally in.. (shrink)

If the legitimacy of international humanitarian and human rights law lies, in part at least, in its capacity to confront dehumanising actions in the modern world, we may speak of the limits of this achievement. It is well known that people who commit genocide or crimes against humanity typically dehumanise those against whom their crimes are committed and that the humanitarian and human rights dimensions of international law were developed in response to the radicalisation of this phenomenon. The expanded scope (...) of international criminal justice caught a cosmopolitan imagination because it seemed to restore an idea of humanity in the face of organised attempts to eradicate the very idea of universal humanity. It also caught a cosmopolitan imagination because it seemed to restore the humanity of the perpetrators as well. They were no longer to be treated as beasts liable to the 'punishment' of the victors but to be brought to trial, held accountable for their deeds and converted back into responsible human beings. Today, however, I suggest that we face a double temptation: in confronting those who commit crimes against humanity to represent them as inhuman monsters rather than responsible human beings; in our compassion for victims of crimes against humanity, it is to represent them merely as victims and not as moral and political subjects. In either case, there can arise a reversal of the problem we are trying to address. I do not suggest this tendency is inevitable but where it is present it indicates an insufficiently reflective relation to international law. I address the problem of reversal through a discussion of three authors (Rawls, Habermas and Arendt) and three issues ('pariah peoples', 'criminal states' and 'monstrous perpetrators'). (shrink)

“Futility of futilities,” said Kohelet, “futility of futilities, all is futile!” Once again we are exploring futility, a concept understood by humanity at least from the beginning of the written word. Our oldest written story, the Epic of Gilgamesh, reminds us of the futility of chasing immortality. At least a millennium later, yet still in ancient times, the Book of Kohelet teaches that all human pursuits, not only the pursuit of immortality, are futile or vain—terms once used synonymously. The ancient (...) Greeks introduced an element of punishment into their stories of futility—for example the Danaides sisters were condemned for the murder of their betrothed to use small urns to fill a leaky... (shrink)

The American Journal of Bioethics, Volume 11, Issue 7, Page 22-23, July 2011.