Online research in philosophy

Cross-border academic collaborations in conflict zones are vulnerable to escalated turbulence, liability concerns and flagging support. Multi-level stakeholder engagement at home and abroad is essential for securing the political and financial sustainability of such collaborations. This study examines the multilayered stakeholder arrangements within an international academic health science network contributing to peace-building in the Middle East. While organizational forms in this collaboration change to reflect the structural, epistemic and political expectations of various support groups operating locally and globally, the (...) legitimacy of the international research and its contribution to the peace-building process last as long as institutional norms of academic enterprise – integrity, impartiality and collegiality – are sustained. This paper analyzes the reconciliatory strategies used by the collaborating health scientists to mitigate organizational turbulence, reduce resource asymmetries and continually build and rebuild bridges across stakeholder communities. (shrink)

Theorizing about the legitimacy of international institutions usually begins with a framing assumption according to which the legitimacy of the state is understood solely in terms of the relationship between the state and its citizens, without reference to the effects of state power on others. In contrast, this article argues that whether a state is legitimate vis-a-vis its own citizens depends upon whether its exercise of power respects the human rights of people in other states. The other (...) main conclusions are as follows. First, a state’s participation in international institutions can contribute to its legitimacy in several ways. Second, when international institutions contribute to the legitimacy of states, their doing so can contribute to their own legitimacy. Third, a theory of international legitimacy ought to recognize reciprocal legitimation between states and international institutions. (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)

The legitimacy of humanitarian intervention has been contested for more than a century, yet pressure for such intervention persists. Normative evolution and institutional design have been closely linked since the first debates over humanitarian intervention more than a century ago. Three norms have competed in shaping state practice and the normative discourse: human rights, peace preservation, and sovereignty. The rebalancing of these norms over time, most recently as the state’s responsibility to protect, has reflected specific international institutional environments. (...) The contemporary legitimacy of humanitarian intervention is based on UN Security Council authorization of the use of force. Although the Security Council is often viewed as representative of great-power influence, international acceptance of its role is based on the role of non-permanent members and their support for the sovereignty norm. The current rebalanced norms supporting humanitarian intervention, institutional bias that protects state sovereignty, and the changing character of mass violence may undermine the tenuous contemporary legitimacy of humanitarian intervention. Normative adjustments and new institutional designs are required to insure the legitimacy of international action that protects populations against mass violence. (shrink)

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...) or crimes against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others (...) associate it with the justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in (...) class='Hi'>international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

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)

According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in (...) class='Hi'>international law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but important role for actual consent in legitimating international law. While actual consent is not necessary for justifying the enforcement of jus cogens norms, at least when they are narrowly understood, this leaves much of international law unaccounted for. By drawing on a Lockean social contract account, I show how, given the ways that international cooperation is different from cooperation in the domestic sphere, actual consent is both a possible and an appropriate legitimating device for much of international law. (shrink)

In recent years, the development and the use of engineered nanomaterials have generated many debates on whether these materials should be part of the new or existing regulatory frameworks. The uncertainty, lack of scientific knowledge and rapid expansion of products containing nanomaterials have added even more to the regulatory dilemma with policy makers and public/private actors contenting periods of both under and over regulation. Responding to these regulatory challenges, as well as to the global reach of nanotechnology research and industrial (...) needs, governance arrangements beyond the state have addressed the challenge head-on. This article focuses on the governance arrangements of the International Organization for Standardization (ISO), which has led to the development of numerous “horizontal anticipatory standards” with an important role in setting the foundation for science, technology and market development. During the course of its operation ISO has broadened its scope to address not only technical issues related to the concept and the size of nanomaterials but also broader aspects of the technology, including health, environment and safety issues. The increasing relevance of the ISO to regulate economic relations and achieve certain public policy goals has given rise to many concerns about its legitimacy. The important questions are whether these governance arrangements may be deemed as being legitimate and where this legitimacy is derived from? What are the main sources of legitimacy at the transnational level and how we can apply them to analyse nanotechnology standardization? This article provides concise answers to these questions. It focuses at the normative concepts of democratic and scientific legitimacy and explores the institutional structures and processes by which nanotechnology standards are established. (shrink)

Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental law, and (...) human rights, international lawyers are constantly confronted with questions of global justice and international legitimacy. This special issue contains four papers which address an important element of this emerging debate on cosmopolitan global justice, with much relevance for international law: the principle of sovereign equality, global economic inequality, and environmental law. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of (...) the popularity of backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (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)

Legal debates about humanitarian intervention—military intervention by one or more states to curb gross human rights violations occurring in another state—tend to assume that its legitimacy is irrelevant to its legality. Debates among philosophers and political theorists often assume the inverse, that the legality of humanitarian intervention is irrelevant to its legitimacy. This paper defends an alternative account, one that sees the legality and legitimacy of humanitarian intervention as intertwined. This account emerges from a conception of (...) class='Hi'>international law as a legal domain that structures global politics by treating sovereignty as a legal entitlement that it distributes among the multitude of legal actors that it recognizes as states. Drawing on a long standing debate among domestic legal theorists about the rule of law, it first identifies formal constraints on the UN Security Council's discretion to authorize the use of force to end human rights violations. Developing a distributive conception of international human rights, it then identifies substantive considerations that shed further light on the legality of intervention. It suggests that members of the Security Council must give reasons when exercising their discretion to authorize the use of force and that some reasons might divest a member's vote of legal validity. (shrink)

This article argues against the claim that democracy is a necessary condition of political legitimacy. Instead, I propose a weaker set of conditions. First, I explain the case for the necessity of democracy. This is that only democracy can address the ‘egalitarian challenge’, i.e. ‘if we are all equal, why should only some of us wield political power?’. I show that if democracy really is a necessary condition of political legitimacy, then (what I label) the problems of domestic (...) justice and of international legitimacy become intractable. I then argue that the egalitarian challenge is addressed where the requirements of (1) horizontal equality, (2) acceptable vertical inequality, and (3) publicity, are met and where (4) citizens have some institutionalized opportunity for a voice in decisions. I show that these conditions can be realized in non-democratic form and conclude by explaining how the four conditions can be employed to make the problems of domestic justice and of international legitimacy more tractable. Overall, my ambitions are limited. I do not offer an all-things-considered case against democracy but I do show that (some) forms of non-democratic government are permissible. (shrink)

The jury system is one of the oldest deliberative democratic bodies, and it has a robust historical record spanning hundreds of years in numerous countries. As scholars and civic reformers envision a democratic global public sphere and international institutions, we advocate for the inclusion of juries of lay citizens as a means of administering justice and promoting deliberative norms. Focusing specifically on the case of the International Criminal Court, we show how juries could bolster that institution's legitimacy (...) by promoting public trust, increasing procedural fairness, foregrounding deliberative reasoning, and embodying democratic values. Juries would present novel logistical, philosophical, and legal problems, but we show how each of these might be overcome to make juries a viable element of global governance. (shrink)

It has been traditional in political philosophy to take internal and external state legitimacy as resting on distinct criteria. However, this is a view that is currently being challenged. Assuming that internal and external legitimacy rely on the same criterion, a possible worry that arises is that an unacceptable amount of intervention will necessarily become justifiable. I argue that such worries are not significant and that they do not rule out this alternative to the traditional view.

Global governance, central to international rule-making, is rapidly evolving; thus, there is a need for a way to evaluate whether institutions have the capacity to address the problems of the contemporary era. Current methods of evaluating the democratic quality of contemporary governance are closely linked to legitimacy, about which there are competing definitional theories. This article uses a theoretical approach based around “new“ governance and the environmental policy arena to argue that contemporary governance is best understood as social-political (...) interaction built on “participation as structure“ and “deliberation as process“, with the level of interaction ultimately determining legitimacy. It presents a new arrangement of the accepted attributes of “good“ governance using a set of principles, criteria and indicators, and relates these to the structures and processes of governance. The implications and application of the analytical framework are also discussed. (shrink)

During the 1990s, international society increasingly recognised that states who abuse their citizens in the most egregious ways ought to lose their sovereign inviolability and be subject to humanitarian intervention. The emergence of this norm has given renewed significance to the debate concerning what it is about humanitarian intervention that makes it legitimate. The most popular view is that it is humanitarian motivations that legitimise intervention. Others insist that humanitarian outcomes are more important that an actor's motivations, pointing for (...) instance to the ousting of the Khmer Rouge by Vietnam. Given the centrality of this debate, this article reinvestigates the ?motives versus outcomes? debate and suggests an alternative reading based on the classic Just War tradition. It argues that an actor's intentions are vital to assessing the legitimacy of an intervention. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...) put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Today civil society groups are important actors on the international stage. Nongovernmental organizations (NGOs) have taken roles that traditionally have been the sole province of states or intergovernmental institutions. NGOs are not bound to act in the public interest. Neither are their actions justified by formal democratic procedures, as is the case with states. Therefore, questioning the legitimacy of their actions is a crucial thing to do. This article presents the results of empirical research on the legitimacy (...) of internationally operating NGOs (INGOs). From the interview data seven types of legitimacy are distinguished. These do not give us a comprehensive categorisation of sources of legitimacy; rather they provide tools to counterbalance existing views of legitimacy. The aim is to develop concepts for evaluating the legitimacy of INGO activities which are grounded in theory as well as in practice. Before analysing the empirical results concerning NGO legitimacy, some views on civil society will be discussed with a focus on the problem of legitimacy. (shrink)

Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to (...) a scheme of cooperation interact? (3) How should the costs and benefits produced by cooperation be distributed? Legitimacy concerns (1), whereas justice applies to (2) and (3). Although the appropriateness of proceduralism is debatable in relation to (3), it seems well equipped to address the justice-related question in (2). And it does so by focusing on the inherent moral acceptability of the way in which persons are treated by the procedures through which they interact. (shrink)

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. (shrink)

For medical humanitarian organizations, making their sources of legitimacy explicit is a useful exercise, in response to: misperceptions, concerns over the ‘humanitarian space’, controversies about specific humanitarian actions, challenges about resources allocation and moral suffering among humanitarian workers. This is also a difficult exercise, where normative criteria such as international law or humanitarian principles are often misrepresented as primary sources of legitimacy. This essay first argues for a morally principled definition of humanitarian medicine, based on the selfless (...) intention of individual humanitarian actors. Taking Médecins Sans Frontières (MSF) as a case in point, a common source of moral legitimacy for medical humanitarian organizations is their cosmopolitan appeal to distributive justice and collective responsibility. More informally, their legitimacy is grounded in the rightfulness of specific actions and choices. This implies a constant commitment to publicity and accountability. Legitimacy is also generated by tangible support from the public to individual organizations, by commitments to professional integrity, and by academic alliances to support evidence-based practice and operational research. (shrink)

Nanotechnology will allegedly have a revolutionary impact in a wide range of fields, but has also created novel concerns about health, safety and the environment (HSE). Nanotechnology regulation has nevertheless lagged behind nanotechnology development. In 2004 the International Organization for Standardization established a technical committee for producing nanotechnology standards for terminology, measurements, HSE issues and product specifications. These standards are meant to play a role in nanotechnology development, as well as in national and international nanotechnology regulation, and will (...) therefore have consequences for consumers, workers and the environment. This paper gives an overview of the work in the technical committee on nanotechnology and discusses some challenges with regard to legitimacy in such work. The paper focuses particularly on stakeholder involvement and the potential problems of scientific robustness when standardising in such early stages of the scientific development. The intention of the paper is to raise some important issues rather than to draw strong conclusions. However, the paper will be concluded with some suggestions for improving legitimacy in the TC 229 and a call for increased public awareness about standardisation in the field of nanotechnology. (shrink)

The increasing use of transnational standard-setting bodies to address quality uncertainties and coordination issues across the global economy raises questions about how these bodies establish and maintain their legitimacy and accountability outside the sovereignty of democratic states. Based on a discussion of the legitimacy challenge posed by global governance, we provide an overview of mechanisms by which such bodies can defend their legitimacy claims and examine the actual mechanisms used by the International Accounting Standards Board (IASB). (...) While the IASB staked its initial credibility on technical competence and independence, it has increasingly emphasized due process norms in its claim for support. Our analysis evaluates the IASB due process against the cultural benchmarks established by domestic standard-setters in the USA and UK and against a normative model of procedural legitimacy. These comparisons help us to understand the modifications that were made in the hope of due process adding legitimacy to accounting standard-setting beyond the state. They also reveal the broader political context of competing legitimacy criteria that confronts transnational standard-setters. (shrink)

A common complaint by academics and practitioners is that the application of international accountability standards (IAS) does not lead to significant improvements in an organization’s social responsibility. When organizations espouse their commitment to IAS but do not put forth the effort necessary to operationally enact that commitment, a “credibility cover” is created that perpetuates business as usual. In other words, the legitimacy that organizations gain by formally adopting the standards may shield the organization from closer scrutiny, thus enabling (...) rather than constraining the types of activities the standards were designed to discourage.There is a lack of research on why certain types of IAS are more prone than others to being decoupled from organizational practices. Applying a neo-institutional perspective to IAS, we theorize that the structural dimensions of the types of standards themselves can increase the likelihood of organizations adopting IAS standards in form but not in function. (shrink)

Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...) of a conception of legitimacy that mediates between idealistic (or moralistic) and realistic (or pragmatic) desiderata of political theory, i.e. between the aspiration to peace and the aspiration to justice. In other words, this paper considers whether an account of compromise could feature in a viable realistic conception of political legitimacy, in much the same way in which consensus features in more idealistic conceptions of legitimacy (a move that may be attributed to some realist theorists, especially Bernard Williams). My conclusions, however, are largely sceptical: I argue that grounding legitimacy in any kind of normatively salient agreement does require the trappings of idealistic political philosophy, for better or – in my view – worse. (shrink)

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. -/- Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable (...) insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings. (shrink)

This chapter will develop and apply ideas drawn from and inspired by Dewey’s work on science and democracy to the context of international relations (IR). I will begin with Dewey’s views on the nature of democracy, which lead us into his philosophy of science. I will show that scientific and policy inquiry are inextricably related processes, and that they both have special requirements in a democratic context. There are some challenges applying these ideas to the IR case, but these (...) challenges can be surmounted. To illustrate the fruitfulness of this Deweyan approach, I will end by showing that it provides an interesting new take on a major international crisis of our day: global climate change. (shrink)

Consequences of world-scale anti-terrorism campaign (which included pre-emptive and coercive regime changes in Afghanistan and Iraq) equaled to or even exceeded consequences of the terrorist challenge itself, and must be analyzed as dialectically interfaced dual factor influencing international politics and law. This dual factor changes basic rules of international relations through wider employment of the principle of pre-emption (retaliation against perceived intentions, rather than against actions), and further blurring of national sovereignty resulting from more coercive interference of the (...) international community into domestic affairs of certain states and societies. Counter-terrorism is philosophically interpreted internationally as reestablishment and strengthening of the monopoly of a state onto use of force, while terrorism is accused for illegal use of force “for private political purposes”. Counter-terrorist practices return previously missing severe coercive sanctions in the international law, and are implemented on behalf of the international community. The problem is to assure both legality and legitimacy of applied measures, especially in situation when major world powers’ interests are split in elaboration of the UN SC decisions authorizing the internationalinterference into sovereign affairs of states. In fact, the very field of counter-terrorism becomes a field for projection and juxtaposing pragmatic interests of world powers. Classical contradiction between international law based on values and principles and pragmatic politics based on interests re-emerges in the area of terrorist challenges/antiterrorist responses. Counter-terrorist practices require as much legal regulation as do terrorist challenges themselves. (shrink)

The paper advances a novel reading of the role of the constructivist idea of legitimacy at the systematic heart of Rawls-type political liberalism. This idea accords full discursive standing only to people who are reasonable in a highly substantive sense. The paper explains how this renders political liberalism both dogmatic and exclusivist at the higher-order level of arguments for or against theories of justice. The paper then outlines aspects of a view of political justification that is more aligned with (...) the inclusivist aspirations of justificatory liberalism that political liberalism shares but fails to successfully discharge. The paper follows the intuition that constructivist political justification should build on a widely sharable idea of reasonableness, outlines aspects of such an idea, and considers a method of inclusive abstraction by which such an idea could be enriched in content to become fruitful for the justification of liberal principles of justice. As the paper suggests, however, the move toward inclusivism faces constructivism with two important challenges. First, inclusivism about the scope of constructivist political justification can avoid dogmatism only if it invokes perfectionist considerations; and second, the authority of a suitably rich idea of reasonableness partly depends on whether we suitably value wide acceptability. (shrink)

Martin Wight was perhaps the most profound thinker in international relations of his generation. In a discipline for too long mesmerized by the pseudo-science of the historically and philosophically illiterate, his work stands out like a beacon. Yet it is only in the decades since his death that his achievement has attained its true recognition. Of the first volume of posthumously published lectures - International Theory: The Three Traditions (1991) - one reviewer wrote: '[it] stands as a classic (...) in the genre of printed lectures stretching from Aristotle to Ruskin... It is exhilarating... for there is nothing quite like it and - which is a measure of Martin Wight's stature - there is not likely to be'. That volume is here complemented and completed. In these four lectures Wight takes the archetypal thinkers of the three traditions - Machiavelli, Grotius, and Kant - to whom he adds Mazzini, the father of all revolutionary nationalism, and so the prototype of such as Nehru, Nasser, and Mandela, and subjects their writings and careers to a masterly analysis and commentary. The volume also contains a preface by Sir Michael Howard, CH, and an important new introduction to Wight's thought by Professor David S. Yost. (shrink)

This highly successful textbook provides a systematic introduction to the principal theories of international relations. Combining incisive and original analyses with a clear and accessible writing style, it is ideal for introductory courses in international relations or international relations theory. Introduction to International Relations, Third Edition, focuses on the main theoretical traditions--realism, liberalism, international society, and theories of international political economy. The authors carefully explain how particular theories organize and sharpen our view of the (...) world. They integrate excellent pedagogical features throughout, including chapter summaries, key points, questions, further reading, web links, boxes, and world maps. New to this Edition: * Two new chapters, on social constructivism and foreign policy * An expanded companion website with web links to theoretical debates, maps and world situations, figures and tables from the text, and a flashcard glossary * A closer link between theory and practice * New glossary of key terms * Two-color text for easier navigation. (shrink)

I argue against Rawls's claim that the liberal principle of legitimacy would be selected in the original position in addition to a democratic principle. Since a religious democracy could satisfy the democratic principle, the parties in the original position would not exclude it as illegitimate.

This book offers a systematic treatment of the requirements of democratic legitimacy. It argues that democratic procedures are essential for political legitimacy because of the need to respect value pluralism and because of the learning process that democratic decision-making enables. It proposes a framework for distinguishing among the different ways in which the requirements of democratic legitimacy have been interpreted. Peter then uses this framework to identify and defend what appears as the most plausible conception of democratic (...) legitimacy. According to this conception, democratic legitimacy requires that the decision-making process satisfies certain conditions of political and epistemic fairness. (shrink)

Reprinting more than 80 essential papers published in the 20th century, this set is the most comprehensive collection to appear to date. The papers include "classics" in the field as well as ones placing International Relations in a wider context, from the late 1940s to the present day. An invaluable resource for all students of this field.

The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...

A polity is grounded in a modus vivendi (MV) when its main features can be presented as the outcome of a virtually unrestricted bargaining process. Is MV compatible with the consensus-based account of liberal legitimacy, i.e. the view that political authority is well grounded only if the citizenry have in some sense freely consented to its exercise? I show that the attraction of MV for consensus theorists lies mainly in the thought that a MV can be presented as legitimated (...) through a realist account of public justification. Yet I argue that, because of persistent ethical diversity, that realism problematically conflicts with the liberal commitments that underpin the very ideas of consensus and public justification. Thus, despite the interest it has recently attracted from critics of political liberalism and deliberative democracy, MV is not an option for those wishing to ground liberal political authority in some form of consensus. So if realist and agonistic critiques are on target, then the fact that modus vivendi is not an option casts some serious doubt on the viability of the consensus view of liberal legitimacy. (shrink)

In Emanuel Adler's distinctive constructivist approach to international relations theory, international practices evolve in tandem with collective knowledge of the material and social worlds. This book - comprising a selection of his journal publications, a new introduction and three previously unpublished articles - points IR constructivism in a novel direction, characterized as 'communitarian'. Adler's synthesis does not herald the end of the nation-state; nor does it suggest that agency is unimportant in international life. Rather, it argues that (...) what mediates between individual and state agency and social structures are communities of practice, which are the wellspring and repositories of collective meanings and social practices. The concept of communities of practice casts new light on epistemic communities and security communities, helping to explain why certain ideas congeal into human practices and others do not, and which social mechanisms can facilitate the emergence of normatively better communities. (shrink)

This book is the first in-depth study of the concepts of agency and structure in the context of international relations and politics. It is an important contribution, examing the ways in which explanations of social phenomenon integrate and account for the interrelationship between agency and structure.

The value foundation for a global society -- Ethics and international business -- Human rights concepts and principles -- Political involvements by business -- The foreign production process -- Product and export controls -- Marketing motives and methods -- Culture and the human environment -- Nature and the physical environment -- Business guidance and control mechanisms -- Deciding ethical dilemmas.

The immense value of this book is its accessibility and the intimate connections it builds between theories of international relations and their philosophical ...

In this collected volume, the authors analyze the deficiencies of existing theory and present alternate explanations of Third World foreign policy behavior. The essays show how examining Third World experience can broaden our understanding of how and why states and non-state actors interact in the international system.

Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...) Union institutions can be seen to create similar obligations, only if we adopt a cosmopolitan theory of political legitimacy for both domestic and international institutions. A key distinction proposed is that between a duty of jurisdiction, owed by everyone to every legitimate state, and a duty of civility, owed by citizens to their own states. (shrink)

The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study (...) of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law. (shrink)

Drawing on work in International Relations, International Law and Global Governance, this book aims to provide a clear and wide-ranging introduction to the ...

Classical political theorists such as Thucydides, Kant, Rousseau, Smith, Hegel, Grotius, Mill, Locke and Clausewitz are often employed to explain and justify contemporary international politics and are seen to constitute the different schools of thought in the discipline. However, traditional interpretations frequently ignore the intellectual and historical context in which these thinkers were writing as well as the lineages through which they came to be appropriated in International Relations. This collection of essays provides alternative interpretations sensitive to these (...) political and intellectual contexts and to the trajectory of their appropriation. The political, sociological, anthropological, legal, economic, philosophical and normative dimensions are shown to be constitutive, not just of classical theories, but of international thought and practice in the contemporary world. Moreover, they challenge traditional accounts of timeless debates and schools of thought and provide new conceptions of core issues such as sovereignty, morality, law, property, imperialism and agency. (shrink)

Introduction -- "Mediating estrangement: a theory for diplomacy," review of International Studies (April, l987), 13, pp. 91-110 -- "Arms, hostages and the importance of shredding in earnest: reading the national security culture," Social Text (Spring, 1989), 22, pp. 79-91 -- "The (s)pace of international relations: simulation, surveillance and speed," International Studies Quarterly (September 1990), pp. 295-310 -- "Narco-terrorism at home and abroad," Radical America (December 1991), vol. 23, nos. 2-3, pp. 21-26 -- "The terrorist discourse: signs, states, (...) and systems of global political violence," World Security: Trends and Challenges at Century's End, ed. M. Klare and D. Thomas, St. Martin's Press (1991), pp. 237-265. -- "S/N: international theory, balkanisation, and the new world order," Millennium Journal for International Studies (Winter 1991), vol. 20, no. 3, pp. 485-506 -- "Cyberwar, videogames, and the Gulf War syndrome," Antidiplomacy: Spies, Terror, Speed and War (Cambridge, Ma and Oxford, UK, 1992), pp. 173-202 -- "Act IV: fathers (and sons), mother courage (and her children), and the dog, the cave, and the beef," in Global Voices: Dialogues in International Relations, ed. James N. Rosenau (Boulder, Co and Oxford, Uk: Westview Press, 1993), pp. 83-96 -- "The value of security: Hobbes, Marx, Nietzsche and Baudrillard," in the Political Subject of Violence, ed. G.M. Dillon and David Campbell, Manchester University Press (1993), pp. 94-113 -- "The C.I.A., Hollywood, and sovereign conspiracies," Queen's Quarterly (Summer 1993), vol. 100, no. 2, pp. 329-347 -- "Great men, monumental history, and not-so-grand theory: a meta-review of Henry Kissinger's diplomacy," Forum review article, Mershon International Studies Review (april 1995), vol. 39, no. 1, pp. 173-180 -- "Post-theory: the eternal return of ethics in international relations," New Thinking in International Relations Theory, eds. Michael Doyle and John Ikenberry (New York: Westview Press, 1997), pp. 55-75 -- "Cyber-deterrence," Wired (September 1994), 2.09., p. 116 (plus 7 pages) -- "Global swarming, virtual security, and Bosnia," the Washington Quarterly (Summer 1996), vol. 19, n0. 3., pp. 45- 56 -- "The simulation triangle," 21c (issue 24, 1997), pp. 19-25 -- "Virtuous war and hollywood," the Nation (3 april 2000), pp. 41-44 -- "Virtuous war/virtual theory," International Affairs (fall, 2000), pp. 771-788 -- "Hedley Bull and the case for a post-classical approach," International Relations at LSE: a History of 75 Years (London: Millennium Publishing Group, 2003), pp. 61-87. "the illusion of a grand strategy, op-ed," the New york Times, may 25, 2001 -- "In terrorem: before and after 9/11," Worlds in Collision, eds. Ken Booth and Tim Dunne (New York: Palgrave Macmillan, 2002), pp. 101-116 -- "The question of information technology in international relations," Millennium Journal of International Studies (vol. 32, no. 3, 2003), pp. 441-456 -- "The illusion of a grand strategy," op-ed, the New York Times, may 25, 2001. (shrink)

Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, (...) between 1993 and 1995 though the present volume was published only last year. -/- Cassese, an Italian jurist and international lawyer, was Professor of International Law at the University of Florence (1975-2008) and specialized in public international law. Among other posts held, he was the first President of the International Criminal Tribunal for the former Yugoslavia, the first President of the Special Tribunal for Lebanon and chaired the UN Inter-national Inquiry into Crimes in Darfur. He authored International Law (2005), a comprehensive commentary on the subject (which makes a fine companion volume to the present book). He was also editor in chief of the Oxford Companion to International Criminal Justice (2009) and founded the Journal of International Criminal Justice. His work has been credited as providing a chief impetus in the revival of international criminal law from its post-Nuremberg hiatus. -/- Cassese seeks to bring out the central ideas associated with each of his five selected scholarly jurist-professors, focusing on international law and international relations; and he aims to place each of the five scholars within the context of their own intellectual and philosophical back-grounds - and their views of the development of the international community. The interviews were based on Cassese’s “basic questionnaire,” which is reproduced in the opening pages of the volume (pp.xvii-xix). Overall, the book provides an engaging, though intricate, perspective on contemporary developments in international law combined with discussion of its roots in the post-WWII era and in legal philosophies. (shrink)

Maya Zehfuss critiques constructivist theories of international relations (currently considered to be at the cutting edge of the discipline) and finds them wanting and even politically dangerous. Zehfuss uses Germany's first shift toward using its military abroad after the end of the Cold War to illustrate why constructivism does not work and how it leads to particular analytical outcomes and forecloses others. She argues that scholars are limiting their abilities to act responsibly in international relations by looking towards (...) constructivism as the future. (shrink)

This book evaluates the major debates around which the discipline of international relations has developed in the light of contemporary feminist theories. The three debates (realist versus idealist, scientific versus traditional, modernist versus postmodernist) have been subject to feminist theorising since the earliest days of known feminist activities, with the current emphasis on feminist, empiricist standpoint and postmodernist ways of knowing. Christine Sylvester shows how feminist theorising could have affected our understanding of international relations had it been included (...) in the three debates. She elaborates a feminist method of empathetically cooperative conversation which challenges the identity politics of IR, and illustrates that method with reference to the Greenham Common Women's Peace Camp and the efforts of Zimbabwean women to negotiate international funding for their local producer cooperatives. (shrink)

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a (...) moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (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.

Covering a broad range of approaches within critical theory including Marxism and post-Marxism, the Frankfurt School, hermeneutics, phenomenology, postcolonialism, feminism, queer theory, poststructuralism, pragmatism, scientific realism, deconstruction and psychoanalysis, this book provides students with a comprehensive and accessible introduction to 32 key critical theorists whose work has been influential in the field of international relations.

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)

Even good lawyers get a bad rap. One explanation for this is that the professional rules governing lawyers permit and even require behavior that strikes many as immoral. The standard accounts of legal ethics that seek to defend these professional rules do little to dispel this air of immorality. The revisionary accounts of legal ethics that criticize the professional rules inject a hearty dose of morality, but at the cost of leaving lawyers unrecognizable as lawyers. This article suggests that the (...) problem with both the professional rules and the extant accounts of legal ethics is that they treat the role of lawyer as largely uniform, whereas lawyers actually serve several importantly different roles in different contexts. The central insight of the article is that legal ethics must be fundamentally context-sensitive: what lawyers are morally permitted or required to do depends on the background context in which they are working. Additionally, by taking context into account, this article is the first to present a theory of legal ethics as appropriately shaped and constrained by normative political philosophy and norms of political legitimacy. -/- Specifically, the article argues that people act as lawyers in three different contexts: State v. Individual (situations in which the State seeks to apply some general law to a particular individual), Individual v. Individual (situations in which private individuals are engaged in a dispute), and Individual v. State (situations in which individuals object to State conduct on constitutional or other grounds unrelated to the question of whether a general law applies to their particular case); that the value of lawyers, qua lawyers, stems from a different source in each of these contexts; and that a theory of legal ethics must take into account both of these first two claims. This article develops one such theory - the Multi-Context View. To demonstrate how the theory applies in practice, the article applies the Multi-Context View to two significant issues in legal ethics: the ethical issues involved in deciding whether to represent a client and the moral permissibility of the use of tactical delay. (shrink)

This volume offers an accessible and wide-ranging introduction to the history of international political thought.

This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).

In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a (...) bad international legal principle, but also a bad principle of global justice. (shrink)

Introduction: Middle-Earth, The lord of the rings, and international relations -- Order, justice, and Middle-Earth -- Thinking about international relations and Middle-Earth -- Middle-Earth and three great debates in international relations -- Middle-Earth, levels of analysis, and war -- Middle-Earth and feminist theory -- Middle-Earth and feminist analysis of conflict -- Middle-Earth as a source of inspiration and enrichment -- Conclusion: international relations and our many worlds.

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but (...) rather in citizens’ endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (shrink)

In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of (...) legitimacy, when fully unfolded, refers to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (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)

The agent-structure problem is a much discussed issue in the field of international relations. In his comprehensive analysis of this problem, Colin Wight deconstructs the accounts of structure and agency embedded within differing IR theories and, on the basis of this analysis, explores the implications of ontology - the metaphysical study of existence and reality. Wight argues that there are many gaps in IR theory that can only be understood by focusing on the ontological differences that construct the theoretical (...) landscape. By integrating the treatment of the agent-structure problem in IR theory with that in social theory, Wight makes a positive contribution to the problem as an issue of concern to the wider human sciences. At the most fundamental level politics is concerned with competing visions of how the world is and how it should be, thus politics is ontology. (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)

With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues ...

How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...) obligation producing: if x (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (shrink)

A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.

The context of international health research involving human subjects, and this should appear obvious, is the human community. As such, basic questions of how human beings should be treated by other human beings, particularly in situations of unequal power – e.g., in the form of control, choice, or opportunity – lay at the foundations of related ethical discourse when ethics are discussed at all. I trace a narrative that follows upon a recent revision process of international guidelines for (...) biomedical research involving human subjects. I focus in particular upon the issue of a standard of care. In the second section, I draw upon philosophers John Rawls, Claudia Card, and Allen Buchanan to discuss concerns regarding the 'least advantaged members of society' in the context of global inequality. The paper includes reflections upon pedagogy in courses focused upon international health research involving human subjects. (shrink)

This book provides a distinctive and rich conception of methodology within international studies. From a rereading of the works of leading Western thinkers about international studies, Hayward Alker rediscovers a 'neo-Classical' conception of international relations which is both humanistic and scientific. He draws on the work of classical authors such as Aristotle and Thucydides; modern writers like Machiavelli, Vico, Marx, Weber, Deutsch and Bull; and post-modern writers like Havel, Connolly and Toulmin. The central challenge addressed is how (...) to integrate 'positivist' or 'falsificationist' research styles within humanistic or interpretive ones. The author argues that appropriate, philosophically informed reformulations of conventional statistical and game-theoretic analyses are possible, and describes a number of humanistic methodologies for international relations, including argumentation analysis, narrative modeling, computational models of political understanding and reconstructive analysis. (shrink)

The function of the state as a symbol of identity has become increasingly important as major powers of the pre-Cold War era have given way to self-determination. The conventional role of the state has, however, simultaneously been challenged by the process of globalization which transcends such national boundaries. In this book, Barbara Emadi-Coffin seeks to explain this contradiction through a radical new theory. Emadi-Coffin analyzes the increasing interaction of multinational corporations, international organizations and transnational interest groups, such as Greenpeace (...) and Amnesty International, in processess of the global political economy. (shrink)

Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of (...) a genuinely democratic theory of public justification. Moreover I contend that — pace Gaus — rather than simply amending political liberalism, the claims of justificatory liberalism cast serious doubts on the sustainability of the project of grounding liberal-democratic legitimacy through the idea of public justification. (shrink)

This volume examines the complex international system of the twenty first century from a variety of perspectives.

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international ...

Health research has been identified as a vehicle for advancing global justice in health. However, in bioethics, issues of global justice are mainly discussed within an ongoing debate on the conditions under which international clinical research is permissible. As a result, current ethical guidance predominantly links one type of international research (biomedical) to advancing one aspect of health equity (access to new treatments). International guidelines largely fail to connect international research to promoting broader aspects of health (...) equity – namely, healthier social environments and stronger health systems. Bioethical frameworks such as the human development approach do consider how international clinical research is connected to the social determinants of health but, again, do so to address the question of when international clinical research is permissible. It is suggested that the narrow focus of this debate is shaped by high-income countries' economic strategies. The article further argues that the debate's focus obscures a stronger imperative to consider how other types of international research might advance justice in global health. Bioethics should consider the need for non-clinical health research and its contribution to advancing global justice. (shrink)

Most contemporary political philosophers take justice—rather than legitimacy—to be the fundamental virtue of political institutions vis-à-vis the challenges of ethical diversity. Justice-driven theorists are primarily concerned with finding mutually acceptable terms to arbitrate the claims of conflicting individuals and groups. Legitimacy-driven theorists, instead, focus on the conditions under which those exercising political authority on an ethically heterogeneous polity are entitled to do so. But what difference would it make to the management of ethical diversity in liberal democratic societies (...) if legitimacy were prior to or independent from justice? -/- This question identifies a widely underexplored issue whose theoretical salience shows how the understanding of what constitutes the primary question of political philosophy has a deep impact on how practical political questions are interpreted and addressed. What difference would it make, for example, whether the difficulties concerning the safeguard of human rights were couched in terms of the justice or of the legitimacy of the documents and treaties sanctioning their implementation. How should the issue of the quality of democracies be addressed whether one assigned priority to the justice or legitimacy of democratic institutions? Addressing these and other topical questions, the book offers a new theoretical angle from which to consider a number of pressing social and political issues. (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)

This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.

Introduction -- International -- Peace -- Difference -- Law -- Integration.

The relationship between international order and justice has long been central to the study and practice of international relations. For most of the twentieth century, states and international society gave priority to a view of order that focused on the minimum conditions for coexistence in a pluralist, conflictual world. Justice was seen either as secondary or sometimes even as a challenge to order. Recent developments have forced a reassessment of this position. This book sets current concerns within (...) a broad historical and theoretical context; explores the depth and scope of this presumed solidarism amidst the difficulties of acting on the basis of a more strongly articulated liberal position; and underscores the complexity and abiding tensions inherent in the relationship between order and justice. Chapters examine a wide range of state and transnational perspectives on order and justice, including those from China, India, Russia, the United States, and the Islamic world. Other chapters investigate how the order-justice relationship is mediated within major international institutions, including the United Nations, the World Trade Organization and the global financial institutions. (shrink)

The event that King Kuai of Yan demised the crown to his premier Zizhi, is a tentative way of political power transmission happened in the social transforming Warring States Period, which was influenced by the popular theory of Yao and Shun’s demise of that time. However, this tentative was obviously a failure, coming under attacks from all Confucian, Taoist and Legalist scholars. We may understand the development of the thinking concerning the issue of political legitimacy during the Warring States (...) Period by analyzing the different commentaries by different schools on this unusual event, and get some beneficial inspirations. (shrink)

This book revisits the theory of the sources of international law from the perspective of formalism.

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)

This book outlines an idea of world politics as thinking and speaking about the conditions of world order. World order is understood not as an arrangement of entities but a complex of variously situated activities conducted by individuals as members of diverse associations of their own. Within contemporary international relations it entails a theoretical position, neotraditionalism, as a reformulation of the initial "traditionalist" approach in the wake of rationalism and subsequent reflectivist critique.

Primarily focused on the theoretical aspects of International Organization, this book provides an in-depth examination of competing theories through thematic chapters. Intended to fill the gap between introductory textbooks and primary sources of theory, International Organization , is useful for upper-level international relations courses with a significant emphasis on theory.

Johann Gottfried Herder (1744-1803) has been called the German Rousseau. Yet while Rousseau is recognized as a political thinker, Herder is not. This book explores each thinker's ideas--on nature and culture, selfhood and mutuality, paternalism, freedom, and autonomy--and compares their conceptions of legitimate statehood. Arguing that the crux of political legitimacy for both men was the possibility of "extended selfhood," Barnard shows that Herder, like Rousseau, profoundly altered human self-understandings, thus influencing modes of justifying political allegiance.

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 fully updated and revised third edition of this widely used text provides a comprehensive survey of leading perspectives in the field including an entirely new chapter on Realism by Jack Donnelly. The introduction explains the nature of theory and the reasons for studying international relations in a theoretically informed way. The nine chapters which follow--written by leading scholars in the US, the UK, Canada, Australia, and New Zealand--provide thorough examinations of each of the major approaches currently prevailing in (...) the discipline. (shrink)

Molly Cochran offers an account of the development of normative theory in international relations over the past two decades. In particular, she analyzes the tensions between cosmopolitan and communitarian approaches to international ethics, paying attention to differences in their treatments of a concept of the person, the moral standing of states and the scope of moral arguments. The book draws connections between this debate and the tension between foundationalist and antifoundationalist thinking and offers an argument for a pragmatic (...) approach to international ethics. (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)