The French phenomenologist Michel Henry sees a similarity between the primordial experience of what he calls ‘Life’ and the aesthetic experience occasioned by Wassily Kandinsky’s abstract art. The triple aim of this essay is to explain and assess how Henry interprets Kandinsky’s abstract art and theory; what the consequences of his interpretation mean for the theory of the experience of abstract art; and what doubts and questions emerge from Henry’s interpretations of Kandinsky’s theory and practice. Despite its containing many interesting (...) ideas, Henry’s phenomenological approach is insufficient to describe the aesthetic experience of Kandinsky’s abstract art. For Henry, aesthetic experience is corporeal, primordial, non-intentional, and independent of knowledge and culture.By contrast, I believe that it is possible and more suitable to connect the direct, corporeal, and affective character of the aesthetic experience of abstract art with intentionality and embeddedness in culture and knowledge. (shrink)
In Paul Ricoeur’s hermeneutics, the truth of fiction relates to the search for answers to questions about personal identity and the meaning of life in the world lacking substantial foundations. Ricoeur’s considerations are situated between realism and constructivism. The article dicusses the consequences of the hermeneutical relationship between imaginary worlds and reality for the redefinition of such concepts , as: “truth”, “understanding”, “ethics” and “personal identity”. I attempt to answer the following questions: What is the truth of literary fiction? What (...) is the relationship between literary fiction and reality? What, in the literary fiction, is created and what is discovered? What does self-understanding, related to the imaginary worlds, consist in? What is the role of literary fiction in constituting personal identity? Why is reading an ethical act? What is the role of metaphorical mediation in the process of understanding? (shrink)
Tre studiosi di filosofia interculturale espongono – molto sinteticamente – le loro posizioni su alcuni snodi problematici del loro oggetto di ricerca. Cacciatore si concentra sulla relazione teorica, assai fruttuosa, fra lo storicismo critico-problematico, antiontologico e antimetafisico, della Scuola napoletana e i temi connessi all’interculturalità. D’Anna ritrova in Aristotele – discusso anche attraverso Pietro Piovani e Raul Fornet-Betancourt – un concetto di universale che, distinto da quello di assoluto, è inclusivo della molteplicità e dunque funzionale alla riflessione interculturale. Diana (...) – seguendo un percorso che contamina letteratura e filosofia – mette in luce il carattere storico, plurimo e relazionale dell’identità individuale e chiarisce il senso del cogito autobiografico. (shrink)
The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...) it.” Against these common positions, this chapter argues that compensation should be subordinate to reconstruction, with resources going where they are most needed and can do the most good, rather than to the most aggrieved. Just punishment, meanwhile, presupposes just multilateral institutions – the victor cannot be trusted to mete out punishment fairly. And just interveners, who have already taken on such a heavy burden, are entitled to expect the international community to contribute to reconstruction after they have made the first and vital steps. After presenting each of these objections in greater depth, the chapter proceeds to draw some tentative inferences from the threads running through each, and suggest that they illustrate a distinctive flaw in the way in which jus post bellum is addressed by many just war theorists, who not only see the war as the grounds of post bellum duties, but also take it to specify their content: Specifically, they take the rights violations with which wars are imbued to be the basis for post-war action, but take the content of post-war duties to be focused on rectifying those rights violations, rather than the more forward-looking goal of establishing a lasting peace. This backward-looking orientation unduly confines these theorists to making attributions of fault, to a limited palette of normative concepts, and to a focus on the belligerents rather than the international community as a whole. Undoubtedly warfare creates a distinctive normative relationship between belligerent states (though we must question how much of this devolves to the citizens of those states). War does generate grounds for post-war duties – but there are other grounds for those duties too, moreover the grounds should not determine the content. It of course matters that the citizens of two states harmed one another in violation of their rights. But when the war is done, peacebuilding should be the priority, not raking over the wrongs of both sides. Sections 2–4 present the objections, Section 5 offers the tentative analysis and proposes a shift in focus toward an ethics of peacebuilding, and Section 6 concludes. (shrink)
Just war scholars are increasingly focusing on the importance of jus post bellum – justice after war – for the legitimacy of military campaigns. Should something akin to jus post bellum standards apply to terrorist campaigns? Assuming that at least some terrorist actors pursue legitimate goals or just causes, do such actors have greater difficulty satisfying the prospect-of-success criterion of Just War Theory than military actors? Further, may the use of the terrorist method as such – state or non-state – (...) jeopardize lasting peace in a way that other violent, for instance military, strategies do not? I will argue that there appears to be little reason to believe that terrorist campaigns are in principle less able to secure or at least contribute to a lasting peace than military campaigns; quite to the contrary. Or, put differently, if terrorism is an unlikely method for securing peace, then war is an even more unlikely one. (shrink)
According to just war theory, a resort to war is justified only if it satisfies the right intention condition. This article offers a critical examination of this condition, defending the thesis that, despite its venerable history as part of the just war tradition, it ought to be jettisoned. When properly understood, it turns out to be an unnecessary element of jus ad bellum, adding nothing essential to our assessments of the justice of armed conflict.
What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or wrong (...) suffered, or something different altogether)? I call this ‘the formal question’. Then there is what I call the ‘the general substantive question’. Depending on the previous answer to the formal question, the general substantive question can be formulated as: ‘Which causes are just?’ or as ‘Under what conditions is there a just cause?’ A final question, which has recently elicited increased interest, is what I call ‘the question of timing’: does the ‘just cause’ criterion only apply to the initiation of a war or also to the continuation of a war, that is, can a war that had a just cause at the beginning lose it at some point in its course (and vice versa)? I argue that a just cause is a state of affairs. Moreover, the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied; and this account has certain theoretical and practical advantages. As regards the general substantive question, I argue that all kinds of aims can, in principle, be legitimately pursued by means of war, even aims that might sound dubious at first, like vengeance or the search for glory. Thus, the pursuit of such aims does not make the war disproportionate or deprive it of just cause. As regards the question of timing, I argue that the criteria of jus ad bellum apply throughout the war, not only at the point of its initiation. While starting a war at t1 might be justified, continuing it at time t2 might be unjustified (and vice versa), and this insight does not require an addition to jus ad bellum but is already contained in it. (shrink)
In this chapter, I argue that the notion which Michael Walzer calls jus ad vim might improve the moral evaluation for using military lethal force in conflicts other than war, particularly those situations of conflict short-of-war. First, I describe his suggested approach to morally justifying the use of lethal force outside the context of war. I argue that Walzer’s jus ad vim is a broad concept that encapsulates a state’s mechanisms for exercising power short-of-war. I focus on his more narrow (...) use of jus ad vim which is the state’s use of lethal force. Next I address Tony Coady’s critique of jus ad vim. I argue that Coady highlights some important problems with jus ad vim, but these concerns are not sufficient to dismiss it completely. Then, in the final section, I argue that jus ad vim provides an appropriate “hybrid” moral framework for judging the ethical decision-making outside of war by complementing other conventional just war distinctions. A benefit of jus ad vim is that it stops us expanding the definition of war while still providing the necessary ethical framework for examining violent conflict outside that context. (shrink)
Dans cet article, le philosophe Jonathan Glover illustre sa conviction selon laquelle les grandes œuvres littéraires peuvent nous donner autant à penser que les ouvrages philosophiques. Anna Karénine de Tolstoï permet d’abord à Glover de se demander dans quelle mesure nos émotions peuvent à elles seules constituer une boussole morale. Puis, quel que soit le jugement moral que l’on porte sur Anna Karénine, la question se pose de savoir si elle aurait pu agir autrement, ce qui met en (...) jeu la question traditionnelle de la liberté humaine. Enfin, Glover trouve dans le roman de Tolstoï l’occasion de s’intéresser à une notion peu envisagée par les philosophes, mais très valorisée par le romancier russe, à savoir le « sérieux ». (shrink)
John Campbell proposed a so-called simple view of colours according to which colours are categorical properties of the surfaces of objects just as they normally appear to be. I raised an invertion problem for Campbell's view according to which the senses of colour terms fail to match their references, thus rendering those terms meaningless—or so I claimed. Gabriele de Anna defended Campbell's view against my example by contesting two points in particular. Firstly, de Anna claimed that there is (...) no special problem here for the simple view of colours, a similar invertion story could apply to primary qualities terms for shapes. Secondly, de Anna purported to give an account of the senses and references of colour terms in my invertion story which renders the senses and references of those terms mutually consistent. In this paper I contested both of de Anna's claims. Regarding the first, I argue that his imagined invertion of apparent shapes is not epistemically stable, in contrast to the invertion of apparent shapes is not epistemically stable, in contrast to the invertion of apparent colours. Hence the victims of apparently inverted shapes would be able to discover the mismatch of senses and refences of their shape terms, in contrast to the victims of apparent invertions of colours. Regarding the second, I argue that de Anna's account of the victim's colour terms itself uses and not merely mentions so-called colours terms. Hence de Anna' account of them is itself meaningless due to a mismatch of sense and reference. So I conclude that my objection to Campbell's simple view of colours stands. (shrink)
Summary Sister and brother Anna Letitia Barbauld (née Aikin; 1743?1825) and John Aikin (1747?1822) are two famous Rational Dissenting writers who strategically appropriated republican discourse to advance the Dissenting cause. Both make the case that, far from being subversive, Rational Dissent actually granted its adherents the independence that, from a republican perspective, was considered essential to true patriotism. In a fresh formulation of republican discourse, they present the strength of the Rational Dissenting commitment to ?free inquiry? as security for (...) continuing independence, enabling liberal Dissenters to act as patriotic guardians of British virtue and liberty against the dangerous effects of luxury, even as they continued to contribute towards the development of the British commercial economy and to promote the benefits of commerce, traditionally regarded with hostility by classical republicans. Effectively exploiting the classical republican belief in the central role of education, Barbauld and Aikin particularly sought to publicize the role that the Dissenting academies had played in producing patriots by making ?free inquiry? the basis of their pedagogical philosophy and practice. (shrink)
For hundreds of years procedural rights such as habeas corpus have been regarded as fundamental in the Anglo-American system of jurisprudence. In contemporary international law, fundamental norms are called jus cogens. Jus cogens norms are rights or rules that can not be derogated even by treaty. In the list that is often given, jus cogens norms include norms against aggression, apartheid, slavery, and genocide. All of the members of this list are substantive rights. In this paper I will argue that (...) some procedural rights, crucial for the fair functioning of criminal proceedings, such as habeas corpus, should also have the status of jus cogens norms. I will begin by explaining what it means for a right to have jus cogens status. And I will follow this with a defense of having procedural rights like habeas corpus added to the list of jus cogens norms. I will then rehearse some of the debates about the jus cogens status of procedural rights in the European Commission on Human Rights. At the end of this paper, I will look at the attempts to deal with the abuses at Guantanamo by the American Commission on Human Rights, and by the US and Australian courts, as a way to understand why there needs to be a stronger support for habeas corpus than is today provided by regional courts. (shrink)
The authoress questions the historiographic dogma that, tracing back to F.W. Maitland, gave the pure «Englishry» of English law for granted, thus building its history on its exceptionality with respect to European tradition, from which it would not have been contaminated at all. The Anglo-Saxon historiographical analysis of the most important English constitutional document aims at answering to the provocative question: how English is Magna Carta? What role did jus commune play in its drafting? What is its relationship with contemporary (...) Roman Canon law? Through the examination of its cultural roots, the essay shows not only the substantial influence of Roman Canon law on Magna Carta, but also, more generally, the affinities and the common elements that characterize in principle the relationship between English juridical tradition and the continental one. (shrink)
How many hairs must a person lose before they become bald? There doesn’t seem to be an easy way of answering this. This is because “bald”, along with a large number of other words, is vague. This vagueness causes problems and Anna Mahtani specialises in thinking very precisely about these problems….
The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...) paper, we will argue that norms of political reconciliation provide some of the resources we need to address postwar justice. (shrink)
The story of Anna is a brief description of a faithful prophetess which is consciously paired with the previous and more developed narrative of Simeon. Hannah’s story is significant to the Lukan Gospel and yet her voice, which men and women visiting the temple heard repeatedly, is not articulated by Luke. She has been the topic of much research, in as much as three verses in their context can provide, while no one has sought to let Hannah speak for (...) herself. This article aims to do this by exploring her story within the Lukan narrative, considering prophetesses in the Old Testament, and echoing the dynamics of the Jewish story of Judith with which she is intertextually paired. (shrink)
This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds of crisis management and peace and security, feminist scholars need to become more careful in their analysis (...) and find new ways of resistance. While noting that we live in dangerous times, this is also a hopeful discussion. (shrink)
The Anna Karenina Theory says: all conscious states are alike; each unconscious state is unconscious in its own way. This note argues that many components have to function properly to produce consciousness, but failure in any one of many different ones can yield an unconscious state in different ways. In that sense the Anna Karenina theory is true. But in another respect it is false: kinds of unconsciousness depend on kinds of consciousness.
The inclusion of jus post bellum in just war theory may be justified. But, according to Evans, it becomes problematic when confronted with tenets of "just occupation," namely that sovereignty or self-determination should be restored to the occupied people as soon as is reasonably possible.
This article discusses two doctrines of jus ex bello concerning whether and how to end wars. In Section I, I defend the claim that there is a distinct morality of ending wars. Section II rebuts a challenge that the account is too permissive of war. Section III rejects a forward-looking conception of proportionality for jus ex bello. In Section IV, I allow an exception in cases in which the just cause for the war has changed. In Section V, I defend (...) five principles governing how to end a war. (shrink)
Anna Julia Cooper's 1892 A Voice from the South is a hybrid text that speaks provocatively to contemporary feminist philosophy. Negotiating exclusionary categories of being and knowing and writing herself into intellectual traditions meant to exclude her, Cooper's narrative methods are politically tactical and epistemologically significant. Cooper inserts subjectivity into objective analysis and underscores knowledge as located and embodied. By speaking from spaces of exclusion, Cooper fully articulates the promise of intersectional approaches to liberation.
In this paper we investigate composition models of incarnation, according to which Christ is a compound of qualitatively and numerically different constituents. We focus on three-part models, according to which Christ is composed of a divine mind, a human mind, and a human body. We consider four possible relational structures that the three components could form. We argue that a ‘hierarchy of natures’ model, in which the human mind and body are united to each other in the normal way, and (...) in which they are jointly related to the divine mind by the relation of co-action, is the most metaphysically plausible model. Finally, we consider the problem of how Christ can be a single person even when his components may be considered persons. We argue that an Aristotelian metaphysics, according to which identity is a matter of function, offers a plausible solution: Christ's components may acquire a radically new identity through being parts of the whole, which enables them to be reidentified as parts, not persons. (shrink)
Traditional just war theory maintains that the two types of rules that govern justice in times of war, jus ad bellum (justice of war) and jus in bello (justice in war), are logically independent of one another. Call this the independence thesis. According to this thesis, a war that satisfies the ad bellum rules does not guarantee that the in bello rules will be satisfied; and a war that violates the ad bellum rules does not guarantee that the in bello (...) rules will be violated. A controversial implication of this is that it’s possible for soldiers to undergo acts that are instrumental in bringing about victory in an unjust war and yet do nothing morally wrong. Some authors – call them purists – claim that this cannot be correct. Participating in an unjust war is by itself morally wrong. Yitzhak Benbaji has given what is to my mind the strongest defense of the independence thesis. In this paper I critically examine Benbaji’s argument and conclude that it is not persuasive. My argument against Benbaji incorporates the concept of honor in the military. I seek to show, in part, that if the recent literature is correct concerning both the nature of honor and the importance of instilling it in soldiers, then Benbaji hasn’t given the purist a compelling reason to give up her view. (shrink)
In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.
With his new book, A Theory of Truces, Nir Eisikovits has succeed in producing the most comprehensive and insightful book to exist on the nature and morality of truces during international military conflict. In it he plausibly argues that thought about such conflict should avoid binary terms such as long-lasting peace and all-out war, and instead must readily acknowledge conditions “in between” them, such as cease-fires and agreements to limit belligerence to certain times. In this critical notice of Eisikovits’ book, (...) I have two major aims, in light of the fact that in it he does not systematically engage with the contemporary literature on and positions in just war theory. One aim is to situate Eisikovits’ analysis of truces in that context, and to contend that he has implicitly founded a new field that merits the title jus interruptus bellum as distinct from jus in bello and jus ex bello. Another is to build on Eisikovits’ ethical appraisal of truces, by considering what principles of just war theory entail for them. (shrink)
David Macarthur has assembled not only a fascinating collection of essays from Hilary Putnam and Ruth Anna Putnam that spans two decades but also a collection that makes a compelling series of arguments about what pragmatism has been, is, and may yet become. This is all the more impressive since it weaves together the voices of two scholars who shared both an intellectual commitment and a life. As a longtime admirer of Hilary Putnam’s work, I was excited to take (...) a deep dive into the thought of Ruth Anna Putnam, and, truth be told, her essays in this volume deliver the stronger notes. Not only do readers gain a glimpse into the fascinating conversations that took place between these two philosophers over the years... (shrink)
Important moral dilemmas arise in the context of what I have called jus terminatio and Darrel Moellendorf has called jus ex bello—the norms governing the termination of war. I discuss three dilemmas, showing how they also illuminate proportionality and jus ad bellum: morally accounting for new costs that arise during the course of a war; two variants of the “sunk-cost dilemma” in which an agent is permitted to contribute to a project that is all things considered morally unjust, when that (...) project is morally justified on a forward-looking basis; and the problem of moral hazard in peace negotiations. (shrink)
For several decades, international law has recognized certain norms such as the prohibitions against genocide, slavery, and military aggression as "jus cogens"- peremptory law which supersedes conflicting international treaties and customs. Despite widespread acceptance of the jus cogens concept, legal theorists continue to debate whether peremptory norms derive their legal authority from state consent, natural law, or the demands of international public order. Anxiety over peremptory norms' legal basis has frustrated efforts to clarify the scope and content of jus cogens, (...) as well as placing peremptory norms on a collision course with inherited notions of state sovereignty. Drawing on Immanuel Kant 's conception of fiduciary relations, this Article develops a new theory of jus cogens based on the idea that states are fiduciaries of their people. According to the fiduciary theory, peremptory norms do not stand in opposition to state sovereignty; rather, they are constitutive of state sovereign authority because all states owe their subjects a fiduciary obligation to comply with such norms. The fiduciary model of the state resolves the longstanding tension in international legal theory between peremptory norms and state sovereignty and points to discrete formal and substantive criteria for identifying peremptory norms. (shrink)
In light of the enormous suffering brought about by war, war might be justified only if the benefit it yields is significant enough, namely, a clear and durable victory over the enemy. The logic of this argument leads to a Clausewitz-style war of “annihilation.” I argue that the best way to justify the ending of war short of such annihilation is by relying on a contractarian view of jus ex bello. I conclude by exploring the implications of this view to (...) warfare in which no effective social contract is in place. (shrink)
This paper explores Brian Orend's contribution to the just war tradition, specifically his proposed jus post bellum criteria and his idea of pre-commitment to jus in bello and jus post bellum as part of an expanded jus ad bellum criterion of right intention. The latter is based on his interpretation of Kant's work: that as part of the original decision to begin a war, a state should commit itself to certain rules of conduct and appropriate war termination, and if it (...) cannot so commit, it should not continue further down the path to using force. Orend's revised right intention brings jus post bellum ?into the fold? of the just war tradition, requiring that state obligations go beyond correct conduct in war. The article argues that whatever the nature of the just cause, there is a compelling argument for committing to jus in bello and jus post bellum as part of jus ad bellum right intention. The justness of the cause in the contemporary era requires strictness rather than leniency in the conduct and termination of war for a state to remain legitimate in the eyes of the world. In the context of Orend's proposals, this would require that states ?do their homework? and ?tie themselves to the mast?; this includes providing proof that the situation on the ground is understood, conducting a feasibility test on the proposed intervention and publicly identifying and committing to their obligations and responsibilities during and after war. Recognising the practical and political obstacles to adopting this idealistic revision of the just war tradition, the paper nevertheless concludes that Orend's contribution is significant and worthy of exploration: it offers a kernel of hope for counteracting pressures to lower the threshold of resort to force, delivering greater justice for the innocent victims of war and providing greater probability of durable peace post-war. (shrink)
: The achievements of Anna Julia Cooper are extraordinary given her life circumstances. Driven by a desire Cooper called "a thumping within," she became a prominent educator, earned her Ph.D., and influenced the thought of W.E.B. DuBois and others. Cooper fought for her educational philosophy, but despite her contributions, her apparent elitism has shaped contemporary assessments of her work. I argue that her views must be considered in social and historical context.
____Remembering Anna O.__ offers a devastating examination of the very foundations of psychoanalytic theory and practice, which was born with the publication of Breuer and Freud's ____Studies on Hysteria__ in 1895. Breuer described the case of Anna O., a young woman afflicted with a severe hysteria whom he had cured of her symptoms by having her recount under hypnosis the traumatic events that precipitated her illness. Drawing on the most recent Freud scholarship and on long-secret documents, Borch-Jacobsen demonstrates, (...) however, that Anna O. was never cured by Breuer's "talking cure" and that both Breuer and Freud knowingly falsified the historical record. Borch-Jacobsen points out the numerous inconsistencies in Breuer's account that suggests that Anna O.'s symptoms were simulated to meet Breuer's theoretical expectations and that her famed "reminiscences" were in fact fictitious memories induced by Breuer in the course of a hypnotic treatment. (shrink)
This essay addresses two growing edges of the just war tradition. First, theorists have been accused of focusing narrowly on justifying war and governing its conduct, neglecting wider considerations that encompass justice during the years prior to and after war. Second, calling a war "just" allegedly makes it seem "good" so that it is easier to fight a war and to bend or set aside the rules. Based on "imperfect justice," we argue for a "justified" war theory, taking all criteria (...) and categories seriously, including jus ante bellum and jus post bellum. (shrink)
This essay examines the life and work of early socialist thinker Anna Doyle Wheeler, who, with the Owenite theorist William Thompson, was author of The Appeal of One Half the Human Race, Women, Against the Pretentions of the Other Half, Men …. In analyzing her thought, I employ a typological model for the development of a feminist consciousness proposed by Michèle Riot-Sarcey and Eleni Varikas. These authors posit three types of a feminist “pariah” consciousness: 1) exceptional woman feminism 2) (...) subversive feminism, and 3) collective feminism. Within this framework Anna Wheeler falls between positions one and two; she was an exceptional or token woman who nevertheless advocated subversive feminist doctrines of radical change, including calls for collective female action. The essay ends with a discussion of Wheeler's relationship to William Thompson as example of woman's traditional access to philosophy, that is, through a male mentor. (shrink)
The relationship between jus ad bellum and jus in bello has been characterized differently throughout European history. There have been three main positions exemplified by Hugo Grotius, Samuel von Pufendorf and Emer de Vattel. They are, first, both the cause and the conduct of warfare must be just; second, the cause must be just, but the conduct of the war is unconstrained in order to achieve the goal of peace; and, third, we must assume justice on both sides, and concentrate (...) on ensuring just conduct in armed conflict. Each attempted to distil customary practices, which they saw in some relation to Natural Law, the ultimate source of moral obligation. Customary international law now serves the function of Natural Law in that even if treatises in which it is articulated lapse the customary constraining precepts remain, and are equally obligatory. It is contended that the relationship between just war and just conduct in war during the 20th and 21st centuries has mirrored the three classic positions, and since 9/11, with the advent of new dimensions to warfare in the war against terror, the relationship is in flux. Since 9/11 there has been a growing emphasis on jus ad bellum and a relative silence on the principles of jus in bello. Implicitly, there is an informal acceptance of something like Pufendorf’s position in which outlaw combatants are deemed to place themselves outside of the protection of customary law. (shrink)
Anna Leuschner argues that there is problematic circularity in Helen Longino's approach that postulates the existence of some shared norms as a necessary precondition for well-functioning pluralistic communities. As an alternative, Leuschner proposes to approach the establishing of more pluralistic communities through political means on a case-by-case basis, taking relevant epistemic and political factors into account. In this paper, I argue that there is an alternative understanding of norms that avoids circularity. I do so by drawing on Isabelle Peschard's (...) discussion of shared practice. I go on to show that norms, so understood, are important in the cases where a political decision may not alone be sufficient for establishing a successful community. Specifically, I discuss pluralistic communities that include laypersons in possession of relevant expertise as an example. (shrink)
This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other (...) hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law. (shrink)
In order to address whether states can ever have the proper authority to militarily punish other international agents, I examine three attempts to justify punitive warfare from Augustine, Grotius and Locke for their relevance to both our contemporary international legal and political order and our contemporary security threats from sporadic terrorist or militant violence. Once a plausible model for a state’s valid authority to punish international agents is found, I will consider what punitive aims it can support and what challenges (...) such punitive warfare would have in satisfying the remaining jus ad bellum conditions. (shrink)
Although foreign workers contribute to the economy and society, their lack of citizenship renders them unequal, vulnerable and exploitable. In this article, I suggest that the citizenship principle of jus domicile can address this aspect of inequality and exploitation experienced by migrant labour. In addition, I argue that the jus domicile principle should be combined with open borders. In making this argument, I draw on a dialectical methodology and a diverse literature on social justice and liberal political theory. The model (...) I am developing is not necessarily for immediate policy implementation but rather presents a vision for a future of free mobility and settlement. (shrink)