These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and tools (...) of international mechanisms of corrective concern. The account should consider further subsidiary modes of support. On the other hand the theory is too broad, in that it gives insufficient guidance to the judges of ICs and others able to effect changes. This leaves the theory incomplete, and open to similar criticism as the book raised against others. Accounts of the theory presented in The Idea of Human Rights,and of ICs and their roles regarding human rights allow us to explore some implications of ICs for The Idea of Human Rights.We then consider how if at all The Idea of Human Rights can guide international judges. (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political deliberations in (...) Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

This chapter contains section titled: Introduction:the European Union and the Law of Peoples The Argument of Law of Peoples Standards and Grounds for International Stability Human Rights in Federations The Argument of Law of Peoples for Inter‐people Inequality Distributive Justice in Federations Federal and Global Implications Toleration and Stability Reconsidered Acknowledgments Notes.

"The growing interest in human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this have gathered to fill this gap. Divided in three parts, firstly the Kantian notion of (...) human rights is explored, with particular emphasis on how it applies to levels of government beyond the state. The second part explores the scope of human rights, including the contentious questions of whether it includes welfare rights and freedom of speech across borders. The topic of the final section is human rights institutions, with a special focus on the legitimacy of international human rights courts. Human rights have become a force to reckon with in international politics. This book, written by an international team of specialists on Kant and human rights, contributes to understanding a major political development of our times"--. (shrink)

The Article addresses some of the disagreement concerning the legitimacy of the international human rights judiciary. It lays out some aspects of a theory of legitimacy for the international human rights judiciary that seem relevant to addressing two challenges: First, it is difficult to justify the human rights judiciary by appeal to standard accounts of why states agree to subject themselves to treaties. What is the problem the international human rights judiciary is meant to help solve? Second, the human rights (...) judiciary seems undemocratic and even antidemocratic when it overrules domestic, accountable legislatures. Such international judicial review is therefore sometimes thought to be normatively illegitimate, at least regarding democracies. (shrink)

Institutional suggestions for how to rethink democracy in response to changing state responsibilities and capabilities have been numerous and often mutually incompatible. This suggests that conceptual unclarity still reigns concerning how the normative ideal of democracy as collective self-determination, i.e. ?rule by the people?, might best be brought to bear in a transnational and global context. The aim in this paper is twofold. First, it analyses some consequences of the tendency to smudge the distinction between democratic theory and moral theories (...) of legitimacy and justice. Second, it develops a conceptual framework that distinguishes between necessary conditions, aspects and aims of democracy. On this basis it specifies three objectives of democracy, some of which may also hold for multilevel governance. It is argued that there are in principle at least three reasons to value democratic institutions: they are intrinsically justified to the extent that they distribute fair shares of political influence over decision-making; they are instrumentally justified to the extent that they secure several of our other best interests, one of which is our interest in non-domination; and finally, they are also instrumentally justified insofar as they secure the just distribution of other goods. The aim of this framework is not to develop a specific theory of multilevel governance but to point at important distinctions to be made and normative criteria to be specified. The intention is to take the debate forward by noting some of the issues that any satisfactory account must address. The framework lays out the grounds for analysing the institutional challenges facing legitimate multilevel governance through what is speculatively called ?multiple citizenship?, understood in explorative terms, opening the door for the manifold roles that citizens could and ought to play in multilevel governance, not only as democratic agents, but also as agents of democracy and agents of justice. (shrink)

I examine Paul Boghossian's recent attempt to argue for scepticism about logical rules. I argue that certain rule- and proof-theoretic considerations can avert such scepticism. Boghossian's 'Tonk Argument' seeks to justify the rule of tonk-introduction by using the rule itself. The argument is subjected here to more detailed proof-theoretic scrutiny than Boghossian undertook. Its sole axiom, the so-called Meaning Postulate for tonk, is shown to be false or devoid of content. It is also shown that the rules of Disquotation and (...) of Semantic Ascent cannot be derived for sentences with tonk dominant. These considerations deprive Boghossian's scepticism of its support. (shrink)

Educational Theory, Volume 72, Issue 1, Page 103-108, February 2022.

Confucius is a key figure not only in Eastern thought and philosophy but in world history as well. The Analects, the sayings attributed to him, is a classic of world literature. Nonetheless there is a great dispute about how to approach and understand both him and his work. This is the first anthology of critical writings on this crucial and influential work. The contributors come to the Analects from a variety of perspectives - including philosophical, philological, and religious - and (...) address a host of key topics. Rigorous yet highly accessible, the volume will also include a general introduction and an exhaustive bibliography on English-language works on Confucius. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedAt the Eleventh Hour: The Biography of Swami Rama. By Pandit Rajmani Tigunait, Ph.D. Honesdale, Pennsylvania: Himalayan Institute Press, 2002. Pp. 427. Hardcover $18.95.Awakening and Insight: Zen Buddhism and Psychotherapy. Edited by Polly Young Eisendrath and Shoji Muramoto. Hove, England: Brunner-Routledge, 2002. Pp. xii + 275. Paper $24.95.Beyond Metaphysics Revisited: Krishnamurti and Western Philosophy. By J. Richard Wingerter. Lanham, Maryland: University Press of America, 2002. Pp. vii + (...) 391. Hardcover $71.00.Bhāmatī and Vivaraṇa Schools of Advaita Vedānta: A Critical Approach. By Pulasth Soobah Roodurmun, foreword by V. N. Jha, and edited by Kanshi Ram. New Delhi: Motilal Banarsidass Publishers, 2002. Pp. xv + 297. Price not given.A Bibliography of Ananda Kentish Coomaraswamy. By James S. Crouch. New Delhi: Indira Gandhi National Centre for the Arts and Manohar Publishers and Distributors, 2002. Pp. 430. Price not given.Crisis Theory and World Order: Heideggerian Reflections. By Norman K. Swazo. Albany: State University of New York Press, 2002. Pp. x + 289. Hardcover $78.50. Paper $26.95.Devotional Literature in South Asia: Current Research 1997-2000: Proceedings of the Eighth International Conference on Early Literature in New Indo-Aryan Languages, Leuven, 23-26 August 2000. Edited by Winand M. Callewaert and Dieter Taillieu. New Delhi: Manohar Publishers and Distributors, 2002. Pp. xxii + 324. Price not given.Dharma Bell and Dhāraṇī Pillar: Li Po's Buddhist Inscriptions. By Paul W. Kroll. Kyoto: Italian School of East Asian Studies, 2001. Pp. viii + 95. Price not given.Essays on the Moral Philosophy of Mengzi. Edited, with introduction, by Xiusheng Liu and Philip J. Ivanhoe. Indianapolis and Cambridge: Hackett Publishing Company, 2002. Pp. xiv + 249. Hardcover $39.95. Paper $16.95. Professional price $12.95.Ethical Questions: East and West. Edited by Bina Gupta. Lanham, Maryland: Rowman and Littlefield Publishers, 2002. Pp. vi + 279. Hardcover $70.00. Paper $26.95.Ethical Relativism and Universalism. By Saral Jhingran. New Delhi: Motilal Banarsidass Publishers, 2001. Pp. xiv + 385. Price not given.Genius-In Their Own Words: The Intellectual Journeys of Seven Great 20th Century [End Page 431] Thinkers. Edited and with introduction by David Ramsay Steele, foreword by Arthur C. Danto. Chicago and La Salle: Open Court, 2002. Pp. xxii + 366. Paper $24.95.The Hatha Yoga Pradipika. The original Sanskrit by Svatmarama, an English translation by Brian Dana Akers. Woodstock, New York: YogaVidya.com, 2002. Pp. xii + 115. Hardcover $19.95. Paper $11.95.Human Rights and Chinese Thought: A Cross-Cultural Inquiry. By Stephen C. Angle. New York: Cambridge University Press, 2002. Pp. xviii + 285. Hardcover $65.00. Paper $23.00.Indestructible Truth: The Living Spirituality of Tibetan Buddhism. By Reginald A. Ray. Boston and London: Shambhala Publications, 2002. Pp. x + 495. Paper $17.95.Introduction to Eastern Thought. By Marietta Stepaniants. Edited by James Behuniak and translated by Rommela Kohanovskaya. Lanham, Maryland: AltaMira Press, a division of Rowman and Littlefield Publishers, 2002. Pp. xiv + 293. Hardcover $69.00. Paper $24.95.Jainism and Ecology: Nonviolence in the Web of Life. Edited by Christopher Key Chapple. Cambridge: Harvard University Press for the Center for the Study of World Religions, 2002. Pp. xliv + 252. Hardcover $32.95. Paper $22.95.Mediating the Power of Buddhas: Ritual in the Mañjuśrīmūlakalpa. By Glenn Wallis. Albany: State University of New York Press, 2002. Pp. xiii + 263. Hardcover $86.50. Paper $29.95.Methodology in Religious Studies: The Interface with Women's Studies. Edited by Arvind Sharma. Albany: State University of New York Press, 2002. Pp. xi + 253. Hardcover $78.50. Paper $26.95.Persons and Valuable Worlds: A Global Philosophy. By Eliot Deutsch. Lanham, Maryland: Rowman and Littlefield Publishers, 2002. Pp. x + 309. Hardcover $80.00. Paper $34.95.Philosophy and Art in Gurdjieff's Beelzebub: A Modern Sufi Odyssey. By Anna T. Challenger. Amsterdam and New York: Editions Rodopi B.V., 2002. Pp. xi + 145. Paper EUR 27,00, U.S. $25.00.The Pratyabhijñā Philosophy. By G. V. Tagare. New Delhi: Motilal Banarsidass Publishers, 2002. Pp. xii + 165. Price not given.Reflections on Reality: The Three Natures and Non-Natures in the Mind-Only School: Dynamic Responses to ong-ka-a's The... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedAquinas on Being. By Anthony Kenny. Oxford: Clarendon Press, 2002. Pp. x + 212. Price not given.Before and after Avicenna: Proceedings of the First Conference of the Avicenna Study Group. Edited by David C. Reisman, with the assistance of Ahmed H. al Rahim. Leiden: Brill, 2003. Pp. xix + 302. Price not given.Beside Still Waters: Jews, Christians, and the Way of the Buddha. Edited by Harold Kasimow, John (...) P. Keenan, and Linda Klepinger Keenan. Boston: Wisdom Publications, 2003. Pp. 284. Paper $14.95.The Buddhist Unconscious: The ālaya-vijñāna in the Context of Indian Buddhist Thought. By William S. Waldron. London and New York: RoutledgeCurzon, 2003. Pp. xvi + 269. Price not given.Comparative Political Philosophy: Studies under the Upas Tree. Edited by Anthony J. Parel and Ronald C. Keith. Lanham, Maryland: Lexington Books, 2003. Pp. xxxviii + 260. Paper $26.95.The Confucian Quest for Order: The Origin and Formation of the Political Thought of Xun Zi. By Masayuki Sato. Leiden: Brill, 2003. Pp. xviii + 500. Price not given.Gathering the Meanings: The Compendium of Categories: The Arthaviniścaya Sūtra and Its Commentary Nibandhana. Translated from the Sanskrit by N. H. Samtani. Berkeley: Dharma Publishing, 2002. Pp. xxxiv + 390. Price not given.I Have Arrived, I Am Home: Celebrating Twenty Years of Plum Village Life. By Thich Nhat Hanh. Berkeley: Parallax Press, 2003. Pp. 253. Paper $25.00.Identity and the Moral Life. By Mrinal Miri. New Delhi: Oxford University Press, 2003. Pp. xvii + 132. Hardcover Rs 645.00.Indian Philosophers and Postmodern Thinkers: Dialogues on the Margins of Culture. By Carl Olson. New Delhi: Oxford University Press, 2002. Pp. xv + 331. Hardcover Rs 950.00.Islamic Humanism. By Lenn E. Goodman. New York: Oxford University Press, 2003. Pp. xiii + 273. Price not given.Letting Go: The Story of Zen Master Tōsui. Translated by Peter Haskel. Honolulu: University of Hawai'i Press, 2001. Pp. xv + 167. Hardcover $45.00. Paper $16.95.A Life Journey to the East: Sinological Studies in Memory of Giuliano Bertuccioli (1923-2001). Edited by Antonino Forte and Federico Masini. Kyoto: Scuola Italiana di Studi sull'Asia Orientale, 2002. Pp. xxxv + 280. Price not given.The Measure of Things: Humanism, Humility and Mystery. By David E. Cooper. Oxford: Clarendon Press, 2002. Pp. ix + 372. Price not given. [End Page 277]Mencius, Hume and the Foundations of Ethics. By Xiusheng Liu. Aldershot, Hampshire: Ashgate Publishing Limited, 2003. Pp. vii + 204. Price not given.Monks and Monarchs, Kinship and Kingship: Tanqian in Sui Buddhism and Politics. By Chen Jinhua. Kyoto: Scuola Italiana di Studi sull'Asia Orientale, 2002. Pp. xiii + 310. Price not given.Music in the Sky: The Life, Art, and Teachings of the 17th Gyalwa Karmapa Ogyen Trinley Dorje. By Michele Martin. Ithaca: Snow Lion Publications, 2003. Pp. 351. Paper $18.95, U.K. £12.95.New Confucianism: A Critical Examination. Edited by John Makeham. New York: Palgrave Macmillan, 2003. Pp. 262. Hardcover $55.00.On the Boundaries of Theological Tolerance in Islam: Abū Hāmid Al-Ghāzalī's Faysal al-Tafriqa Bayna al-Islām wa al-Zandaqa. By Sherman A. Jackson. Oxford: Oxford University Press, 2002. Pp. xiv + 156. Hardcover Rs 295.00.Pandita Ramabai's American Encounter: The Peoples of the United States (1889). By Pandita Ramabai and translated and edited by Meera Kosambi. Bloomington: Indiana University Press, 2003. Pp. xi + 284. Hardcover $59.95. Paper $29.95.Parmenides of Elea: A Verse Translation with Interpretative Essays and Commentary to the Text. By Martin J. Henn. Westport, Connecticut: Praeger, 2003. Pp. 147. Hardcover $59.95.Philosophes taoïstes, tome II: Huainan Zi, texte traduit, présenté et annoté sous la direction de Charles le Blanc et de Rémi Mathieu. Paris: Éditions Gallimard, 2003. Pp. lxxxiii + 1182. Hardcover €56,90.The Philosophy and Ethics of the Vīraśaiva Community. By Dan A. Chekki. Lewiston, New York: The Edwin Mellen Press, 2003. Pp. xxv + 287. Hardcover $119.95.Poems of Hanshan. Translated by Peter Hobson with introduction by T. H. Barrett. Walnut Creek, California: AltaMira Press, 2003. Pp. viii + 151. Hardcover $65.00. Paper $19.95.Psychoanalysis and Buddhism: An Unfolding Dialogue. Edited by Jeremy D. Safran. Boston... (shrink)

Introduction by The Guest Editor – 4th Filomena Workshop.

Introduction by the editors to Katja Hock's Phenomenological Note, Lange Weile.

It is Heidegger who asks what there is to be thought after the end of metaphysics, and indeed his own work is never far from a response to the question. This is neither to say that there is only one such response, nor even to suppose that Heidegger’s thinking provides only one response. To be sure, the origin of the question is not difficult to identify. Metaphysics, as the grounding of known beings in some anterior or first being, comes to (...) its end as thinking becomes capable of grasping it as a sum of relations. This occurs when thinking is awakened to the difference between inquiring about beings , including the first being, and asking the question of the meaning of Being . In an important sense, then, the “end” of metaphysics coincides with the appearing of its place within a more primordial horizon. Attending more closely to the historical configuration of this metaphysics, Heidegger often concentrates on the recurrence, or else the persistence, of an urge in thinkin .. (shrink)

This is a modern, annotated translation of antiquity's only extant commentary on Plato's moral and political dialogue Gorgias , in which the author defends ancient Greek philosophy and culture at a time when Christianity has almost replaced it. The first translation into any modern language of a central work in Platonic studies is accompanied by annotations which guide the reader in understanding the obscurities of the text, an introduction to the main issues raised by it, and a bibliography of the (...) modern literature. (shrink)

Ancient Phoenicia: An Introduction. By Mark Woolmer. London: Bristol Classical Press, 2011. Pp. 136, illus..