International criminal law is dedicated to the battle against impunity. However, the concept of impunity lacks clarity. Providing that clarity also reveals challenges for the current state and future prospects of the project of ICL, which this article frames in cosmopolitan terms. The ‘impunity norm’ of ICL is generally presented in a deontic form. It holds that impunity for perpetrators of international crimes is a wrong so profound that states and international bodies have a pro tanto duty to prosecute and (...) punish perpetrators, a duty that cannot be overridden by considerations of cost, including the costs of infringing on the traditionally understood legal sovereignty of states. This deontic reading of the impunity norm is difficult to justify, a fact linked to the waning fortunes of ICL over the past several years. If ICL is to reverse this trend, the impunity norm’s strongly deontic reading should be replaced by a version derived from deliberative principles. (shrink)

The Democratic Horizon offers us the project for the renewal of political liberalism through a response to hyperpluralism in the context of an emerging democratic ethos worldwide. While the book reads as a ringing endorsement of Political Liberalism, authored by John Rawls, it goes beyond that project in significant ways. In my view The Democratic Horizon represents something of a tour de force; a truly original contribution for those who recognize the imperative significance of our worldwide confrontation with the fact (...) of pluralism. (shrink)

This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian element is (...) required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face. (shrink)

The deliberative model of politics has recently been criticized for not being very well equipped to conceptualize current developments such as the misinterpretation of political difference, the digital turn, and public protests. A first critique is that this model assumes a conception of public spheres that is too idealistic. A second objection is that it misconceives the relationship between empirical reality and normativity. Third, it is assumed that deliberative democracy offers an antiquated notion of a shared ‘we’ of political actors (...) and because of this, fourth, fails to take into consideration the ‘digital turn’, in particular the de-personalizing effects of social media that have led to a rapid decline of the public sphere. And a fifth critique states that the deliberative model ignores the fact that politics is not, and especially protests and revolutions are not, seminar-like debates but spontaneous, chaotic and sometimes violent expressions. I will argue that all of these critiques fall short in a variety of ways. A deliberative model of politics allows us to address the tension between the ideal and the real, the ‘old media’ and the so-called digitalization of public spheres as well as peaceful discourse and violent uprisings. Especially the concept of communicative power, a notion also used by Hannah Arendt and Jürgen Habermas, reveals the potentials for future participation in digital spaces and public places. (shrink)

This article focuses on the problem of political legitimacy: first, by finding it to be the driving force in the Rawlsian paradigm moving from a focus on the moral to one on the political; second, with the help of a consideration of multiple-modernities theory, by arguing for a version of political liberalism freed of its western framework; and third, by applying that framework to current debates over the meaning of democracy in a Confucian context.

Against pronouncements of the recent demise of both democracy and the political, I maintain that there is, rather, something amiss with the process of politicization in which social grievances are translated into matters of political concern and become objects of policy-making. I therefore propose to seek an antidote to the de-politicizing tendencies of our age by reanimating the mechanism that transmits social conflicts and grievances into politics. To that purpose, I formulate the notion of a ‘fundamental right to politics’ as (...) the opposite of the techne of policy-making. I articulate this right via a reconstruction of the logical presuppositions of democracy as collective self-authorship. I then recast the concept of non-domination by discerning two trajectories of domination – ‘relational’ and ‘systemic’ ones, to argue that in a viable democracy that makes full use of the right to politics, the dynamics of politicization should take place along both trajectories; currently, however, matters of systemic injustice get translated in relational terms and politicized as concerns for inclusion into and distribution within the existing system of social relations, rather than its radical overhaul. (shrink)

In the first part of my essay I argue that the real issue behind Axel Honneth’s interpretation of socialism is the relationship between Marx and Hegel with the fundamental claim that Marx misunders...

This article is an analysis of the ideological production of the idea of cultural pluralism. It points at the impossibility of inhabiting two or more civil societies at once. It points at the fact that culture alive cannot be accessed. It recommends attention to the ungeneralizable huge subaltern populations of the world that often also constitute an electorate. It recommends linguistic rather than cultural pluralism and a nurturing of the understanding of the right to intellectual labor in education practice.

If archaic symbolism can be regarded as representative of a dimension of consciousness, the question of interpretation is primary. This chapter debates this question by reference to a hermeneutic developed by the historian of religions and phenomenologist, Mircea Eliade. It outlines Eliade's structural hermeneutic, and suggests its potential as a program for philosophical interpretation. There is a polemic in Eliade's thought which provides the negative foundation for his hermeneutic, namely, the polemic against reductionism. The attempt to understand the sacred as (...) an irreducible form is accompanied by the technical attempt to capture its intentional mode. Eliade has suggested that encounter with the myths and symbols of non‐Western and archaic cultures may “lead to a renewal in the philosophic field, in the same way that the discovery of exotic and primitive arts half a century ago opened up new perspectives in European art”. (shrink)

My extended project, for which this study of Machiavelli is the beginning, is to examine early modern constitutionalism in order to understand the modes of pluralism that were advocated either intentionally or unintentionally in the construction of the idea of the political that was bequeathed to us. I will consider the thought of two major figures in this historical section of the project, namely, Niccolò Machiavelli and James Madison. The first section will be focused on Machiavelli exclusively. This section will (...) consider Machiavelli’s work in the context of three major interpreters: J. G. A. Pocock, Anthony J. Parel, and Isaiah Berlin. The topics will be: time and the construction of the political, nature and prescriptive normativity, and the plurality of values. (shrink)

How should one define the republican democratic and ‘laïque’ spirit in both the most concise and effective manner, as well as that most suited to the French case? The republican spirit resides without doubt in refusing submission to any single individual whoever that individual may be. The democratic spirit does not consist of decreeing the sovereignty of the people, but in developing formal modalities of political life allowing the people not to be divested of it. The ‘laïque’ spirit rejects all (...) distinctions concerning the nature and rights of citizens; it also equally rejects religious laws being imposed over political law. (shrink)

The present article constitutes an attempt to analyse the historical causes of the present crisis affecting the Arab world and the failure to build modern states in this region. It has to be noticed that from the three main ethnic groups constituting the pillars of the Middle East, i.e. the Persians, the Arabs and the Turks, the Arab failure and the generalization of violence in Arab societies and between Arab states is to be adequately analysed in order to be able (...) to contribute to peace, reform and a dignified life for Arab citizens. Different historical factors are identified in the article, some of them internal to Arab societies, but inextricably linked to massive foreign interferences in the region. The last of these interferences are linked to the instrumentalization of religion in the last period of the cold war in order to stop the extension of Soviet and communist influence in the Arab and Muslim world. Since then, this use of religion for political purpose in the conflicts about supremacy in the region has destroyed ethics and citizenship and given rise to generalized violence and acts of terrorism, in addition to other economic and social factors that are identified in the article. (shrink)

The aim of this article is to identify the main factors of the current crisis of the nation-state and to demonstrate how many of the voids left by this crisis are filled by religions. The main characteristic of the nation-state is the principle of sovereignty. The apogee of the nation-state is the political form of industrialization. National identity is possible only when the state proves to its citizens that the fact of being a member of it carries benefits and privileges (...) and will always bring more. Today, the majority of nation-states, in particular the oldest great powers, no longer have this capability. The weakening of the nation-state began at the end of the 19th century. The first wave of globalization multiplied the cases of reciprocal interferences and trespassed on the theoretical impermeability of the sovereign states. The outcome of the First World War, with the creation of the first supranational body, and much more the outcome of the Second World War, were two important steps of this crisis. The birth of the United Nations, and of other supranational bodies, as well as the creation of the first court called to judge an entire political class, were an assault on the principle of sovereignty. The second wave of globalization, characterized by the free circulation of goods, money, people and cultures, did the rest. Moreover, the countries that ‘invented’ the principle of sovereignty are today in relative decline as new powers are emerging. The nation-state is no longer able to keep its promises. The less effective states become at offering their citizens both meaning and social services, the more do religions tend to reoccupy the public stage. The less national and political legitimacy they have, the more powers use the religious tool against one another. (shrink)

In a response to John Rawls’s 1993 article entitled, “The Law of Peoples,” Karl-Otto Apel argues that the concept of “overlapping consensus” is not sufficient for a basis or foundation for global justice. Apel makes the claim that when Rawls transfers the problem of justification from a general moral conception of justice to overlapping consensus the “weight of justification” is transferred to a “freestanding” conception of justice. To the extent that it does this, Rawls’s theory fails to show why a (...) freestanding conception of justice ought to be acceptable. In order to do so, Apel believes that, since citizens’ reason must be addressed, the weight of justification for a freestanding view must be based on a philosophical consensus theory. This would not mean that the need of a factual consensus would be dispensed with. Rather, it would mean that a freestanding view would be grounded philosophically “by a conception of an ideal consensus that serves as a regulative principle for searching and also for questioning an overlapping consensus.”. (shrink)

This long-awaited book sets out the implications of Habermas's theory of communicative action for moral theory. "Discourse ethics" attempts to reconstruct a moral point of view from which normative claims can be impartially judged. The theory of justice it develops replaces Kant's categorical imperative with a procedure of justification based on reasoned agreement among participants in practical discourse.Habermas connects communicative ethics to the theory of social action via an examination of research in the social psychology of moral and interpersonal development. (...) He aims to show that our basic moral intuitions spring from something deeper and more universal than contingent features of our tradition, namely from normative presuppositions of social interaction that belong to the repertoire of competent agents in any society. Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. (shrink)

This special double issue of Philosophy and Social Criticism focuses on the sources of pluralism. The introduction will summarize and present the contents of this issue in 4 sections: on the origins of pluralism ; on the development of pluralism ; pluralism in Turkey ; and pluralism within Islam.

Vernon, Jim, ‘A passion for justice’: Martin Luther King, Jr. and G. W. F. Hegel on ‘world-historical individuals’, Philosophy & Social Criticism, 43 February 2017 pp. 187–207, DOI 10.1177/0191453716680126 SAGE regrets that an error in the title of this article was included in the original publication. Subsequent online versions of this article will be corrected.

This paper will begin by clarifying the kind of context, which requires toleration. My point of departure is a characterization of modernity that both departs from the classical modern theory of secularization and draws from the current research on multiple modernities. Because of the more or less recent resurgence of religion we can no longer characterize toleration on the basis of a theory of secularization. This will lead to the definition of conflict and tolerance within the confines of a post-secular (...) society. The philosophical component of the concept of toleration will be taken from both Aristotle and Kant in the sense that toleration is not only a necessary virtue in modern society, it is also a normative notion based on respect for the law. Finally, the paper concludes that toleration must be conceived of as a principle of justice in a society that requires respect not only for the rights of others but for their cultures as well. (shrink)

The recent wave of whistleblowers and cyber-dissidents, from Julian Assange to Edward Snowden, has declared war against surveillance. In this context, transparency is presented as an attainable political goal that can be delivered in flesh and bones by spectacular and quasi-messianic moments of disclosure. The thesis of this article is that, despite its progressive promise, the project of releasing classified documents is in line with the Orwellian cold war trope of Big Brother rather than with the complex geography of surveillance (...) today. By indicting the US federal government as the principal agent of surveillance, the ‘logic of the leak’ obfuscates that today’s surveillance is conducted mostly by the private sector in the form of dataveillance. What should we think, then, of this new fetish of transparency? Is it a symptom of the castigation of a desire for surveillance, the wish to be constantly observed and closely inspected? I claim that the meaning of the ‘expository society’, as Bernard Harcourt calls it, depends on how we interpret secrets. For secrets are not only temporary conditions of occultation that can, and should, be indiscriminately exposed, but sites of agency. In this perspective, the emancipatory promise hangs on the right to the secret, assumed as the right not to answer and not to belong. (shrink)

In this article, inspired by Whiteness Studies, I propose two concepts that allow us to see the question of ethnicity as well as the history of the Turkish Republic through the lens of privilege: Turkishness and the Turkishness Contract. By Turkishness, I mean a patterned but mostly unrecognized relationship between Turkish individuals’ ethnic position and their ways of seeing, hearing, feeling and knowing – as well as not seeing, not hearing, not feeling and not knowing. These ways and states of (...) Turkishness have been shaped by a set of written/unwritten and spoken/unspoken agreements among the Muslims of Anatolia. However, during the last 40 years, the Kurdish movement, by creating a military and civilian resistance with mass support, has challenged the fundamentals of the contract and therefore caused a dramatic crisis of identity and selfhood for Turkishness. (shrink)

The recognition of conflict puts an end to the idea that cosmopolitanism may be legitimized by a comprehensive doctrine. The article argues that within the limits of a post-secular society, toleration must be conceived as a principle of justice, based on regard for the law, within a society in which not only others’ rights but also other cultures must be respected.

The modern republican history of Turkey and its relation with the question of ethnic diversity could be understood via the tension between the processes of system integration and social integration. This article, based on Jürgen Habermas’ conceptual framework, draws the sources of such tension with reference to the Kurdish identity in Turkey since the early republican era. For this purpose, from the 1920s to the 2000s, policies and discourses of system integration aiming at a certain degree of ethnic homogenization to (...) eliminate ‘possible threats’ to territorial integrity and national unity are discussed in detail. While system integration processes reflect an exclusionary and assimilative-securitist logic of state practices regarding the Kurdish question, this article argues that the Kurdish challenge to republicanism and to its system integration logic promises more for the dynamics of social integration. Especially since the 1990s, while processes of system integration are still in force; national, regional and diasporic achievements of Kurdish politics and its call for a democratic transformation of the republic based on decentralist, participatory and multiculturalist values have become much more visible. This new focus on democratic transformation demands more for social integration through internalization of roles as well as through promotion of an active communication between citizens by raising the claims of active participation to social and political spheres as well as by making identity visible in different aspects of socio-cultural life. Degree of social integration and its success vis-à-vis system integration will be decisive in the democratic transformation of Turkey in the future. (shrink)

Established in 1923, Turkey has been a republic without a dominant republican conception of liberty. A chance to install such a conception was missed in the early republican period and never recaptured. The republic was unable to get rid of vestiges of the authoritarian tradition of the past. Centuries-old authoritarian tradition persisted well into the recent and the contemporary periods. Presenting ample evidence, the article underlines the weight of history and the legacy of authoritarian mentality that promoted the use of (...) authority, not liberty, in political problem-solving. The initial failure to abandon an authoritarian problem-solving approach proved fateful for the chances of the deepening of democracy in Turkey. (shrink)

The question of immigration and its corollary community and minority formation has always been analysed in relation to states. However, the increasing importance of solidarity beyond national borders on the grounds of one or several identities – national, religious, ethnic, regional – removes the claim of recognition of a collective identity from a national level to an international level and, in the European Union, to a supranational level. Such an evolution places territory at the core of the analysis of citizenship (...) and nationhood, for communities as well as states. This article will attempt to show that in this new configuration, negotiations between states and immigrants are brought beyond borders in order for states to maintain the ‘power’ of incorporation and citizenship while expanding their influence beyond their territories and to compete with transnational communities in their engagement in the process of globalization. (shrink)

There is a necessity to build a new republican regime in the Great Middle East, based on a broad sense of citizenship, on a respect for pluralism, and on re-evaluating difference as a positive element rather than as a threat. However, this re-building will succeed only when it is accompanied by a restoration of the religious space. The reformist national model is the best and most appropriate model for real situations within the current historical period. It is a model that (...) is able to develop according to each society’s developmental and political experience. (shrink)

The argument that sectarian conflicts in the Arab Middle East have been persistent since time immemorial is erroneous. While these views may seem compelling with the rise of ISIL, they are in fact very dangerous: they downgrade Islamic societies to primordial, selective and static features. I will argue for a different set of propositions. First, violence is not unique to Islamic societies. Extreme illiberal ideologies prevailed in Christian Europe both during the Thirty Years War and during the fascist interwar period. (...) Second, Islamist belligerence was partly a response to the ill-effects of globalization, just as European fascist movements were exacerbated by the advance of industrial capitalism in Europe. Third, post-Second World War human rights efforts may inform new paths beyond the tragedies that continue to plague the Middle East. (shrink)

The pragmatic turn away from epistemology could mean a number of things for the definition of the future of political theory. First, political liberalism would mark a distinct departure from comprehensive liberalism that is based solely on epistemological justification of fundamental liberal notions. Second, the pragmatic turn would cause Rawls to modify his long-time emphasis on constructivism, moving from Kantian constructivism to political constructivism, and implicitly adopting more substantive approach. Third, the fact of pluralism would radically open up the question (...) of the foundation for consensus, which would lead to an emphasis on constitutionalism. Fourth, this move, innovative as it was, would lead to the establishment of an association between constitutional interpretation and public reason. Finally, this set of moves associated with the pragmatic turn would essentially set up a series of constraints when it comes to evaluating public reason from an international perspective. (shrink)

Against arguments that suggest that Rawls’s notion of reasonability is ‘obscure’ and ‘unclear’ I argue in this essay that the idea of reasonability in the later Rawls can be defended in three ways. First, it can be shown that reasonability is fundamental to the architectonic of the later work. Reasonability, and the subordination of reason to reasonability, is fundamental to the later (post-1980) writings. Second, it can be shown that reasonability is not necessarily a vague term as many have claimed. (...) Third, it can be shown that reasonability is fundamental to what Rawls calls the three major new ideas of Political Liberalism: overlapping consensus; the reconception of the priority of the right over the good; and the idea of public reason. (shrink)

In my reflections on Peter Kemp’s Citizen of the World I first consider the link between cosmopolitanism and globalization. Second, I examine the historical analysis of the phenomenon of cosmopolitanism following it from its origins in ancient Greece to its manifestation in our contemporary world. Third, I reflect on the way in which cosmopolitanism can become the hermeneutic basis for a philosophy of education, the principal claim of the book.

Universalism vs. Communitarianism focuses on the question, raised by recent work in normative philosophy, of whether ethical norms are best derived and justified on the basis of universal or communitarian standards. It is unique in representing both Continental and American points of view and both the older and a younger generation of scholars. The essays introduce the key issues involved in universalism vs. communitarianism and take up ethics in historical perspective, practical reason and ethical responsibility, justification, application and history, and (...) communitarian alternatives. Based on a special issue of the Journal Philosophy and Social Criticism, the book includes two additional essays by Chantal Mouffe and by Hubert and Stuart Dreyfus. David Rasmussen is Professor of Philosophy at Boston College and editor of Philosophy and Social Criticism. Contents: introduction, David, Rasmussen. Universalisms: Procedural, Contextualist, and Prudential, Alessandro Ferrara. Beyond Liberalism and Communitarianism: Toward a Critical Theory of Social Justice, Gerald Doppelt. The Liberal/Communitarian Controversy and Communicative Ethics, Kenneth Baynes. Discourse Ethics and Civil Society, Jean Cohen. Equality, Political Order and Ethics: Hobbes and the Systematics of Democratic Rationality, Rolf Zimmermann. Atomism and Ethical Life: On Hegel's Critique of the French Revolution, Axel Honneth. The Gadamer-Habermas Debate Revisited: The Question of Ethics, Michael Kelly. What Is and What Is Not Practical Reason? Agnes Heller. Adorno, Heidegger, and Postmodernity, Hauke Brunkhorst. Impartial Application of Moral and Legal Norms: A Contribution to Discourse Ethics, Klaus Günther. An Ethics, Politics, and History, Jürgen Habermas in an interview conducted by Jean-Marc Ferry. Rawls: Political Philosophy without Politics, Chantal Mouffe. What Is Morality: A Phenomenological Account of the Development of Ethical Expertise, Hubert L Dreyfus, Stuart E. Dreyfus. Universalism and Communitarianism: A Bibliography, Michael Zilles. (shrink)

This essay deals with two conceptions of the political; one that entails a clash of civilizations associated with a Schmittian critique of liberalism and a second which envisions the political as an emerging domain. The latter idea can be associated with the later work of John Rawls which separates the comprehensive from the political. I argue that it is this idea when reconstructed in relationship to a theory of multiple modernities that can be appropriated for an emerging notion of global (...) justice. Hence, it is in the domain of the political that we should look for a new and emerging concept of justice. (shrink)

This paper takes its point of departure from a prior reflection on John Rawls’ argument for a two-stage model which shelters the political from immediate contestation. I turn to an examination of populism first from an historical and then from a normative perspective. Historically, populism can be traced to early Roman times, while from a normative point of view, as the literature shows, populism lacks a clear definition. In my view this is derived from its essentially parasitical function in relationship (...) to democracy. In the end, populism, which claims to be grounded on the immediacy of conflict, is exposed as a remnant of a pre-democratic past which does not and cannot accommodate itself to the ‘fact of pluralism’ that characterizes our contemporary democratic situation. (shrink)

Twenty-two essays from the 1998 conference in Boston weigh in on current debates in political and social philosophy. Topics include: global justice, intercultural dialogue and human rights, consumerist and cultural hegemony, justice and toleration, the limits of law, liberal and radical democracy, public reason and religious values, communitarianism, collective acceptance and social reality, freedom and equality, violence, aesthetics, and various interpretations of Rawls. Name index only. Annotation copyrighted by Book News, Inc., Portland, OR.

In this essay I consider the normative implications of the notion of reasonability for the construction of an idea of public reason that is cosmopolitan in scope. First, I consider the argument for the distinction between reason and reasonability in the work of Sibley and Rawls. Second, I evaluate the normative implications of reasonability through a consideration of Korsgaard's recent work. Third, I argue for a notion of reasonability that moves us beyond a Kantian concept of autonomy through a consideration (...) of the relationship between reasonability and judgment vis-à-vis Arendt's work on Kant's Third Critique. Finally, I argue for a cosmopolitan appropriation of the notion of reasonability based on Kant's notion of the aesthetic idea. The latter argument relaxes the bonds of public reason, moving us beyond the domain of ethnocentricism. (shrink)

_The Handbook of Critical Theory_ brings together for the first time a detailed examination of the state of critical theory today. The fifteen essays provide analyses of the various orientations which critical theory has taken both historically and systematically in recent years, expositions of the new perspectives which have begun to shape the field, and reflections upon the direction of critical theory.