Ethics and Political Philosophy Commons^™

The Sources Of International Law: Some Philosophical Reflections, David Lefkowitz

Philosophy Faculty Publications

It seems only natural to begin the study of international law with a description of its sources. After all, whether as practitioner or scholar a person cannot begin to ask or answer questions about international law until he or she has some sense of what the law is. This requires in turn a basic grasp of the processes whereby international legal norms and regimes come to exist. Thus students of international law must engage immediately with some of the most basic questions in the philosophy of law: what is law, and what is a legal order or system.

These questions …

Understanding Hayek, Chandran Kukathas

Research Collection School of Social Sciences

Although some of this will be familiar to a number of you all,I will talk a bit about Friedrich A. Hayek since I am goingfirst. I’ll say a little bit about his life, how he came to theideas that he became so famous for espousing, and then a little bitabout his liberalism and the contribution he has made to liberaltheory and to intellectual life.

Dialogic Cosmopolitanism And Global Justice, Eduard Jordaan

Research Collection School of Social Sciences

Although the term “cosmopolitan-communitarian debate” never really caught on, a national-global fault line remains prominent in debates about global justice. “Dialogic cosmopolitanism” holds the promise of bridging this alleged fault line by accepting many of the communitarian criticisms against cosmopolitanism and following what can be described as a communitarian path to cosmopolitanism. This article identifies and describes four key elements that distinguish dialogic cosmopolitanism: a respect for difference; a commitment to genuine dialogue; an open, hesitant and self-problematising attitude on the part of the moral subject; and an undertaking to expand the boundaries of moral concern to the point of …

Dialogic Cosmopolitanism And Global Justice, Eduard Christiaan Jordaan

Research Collection School of Social Sciences

Although the term “cosmopolitan-communitarian debate” never really caught on, a national-global fault line remains prominent in debates about global justice. “Dialogic cosmopolitanism” holds the promise of bridging this alleged fault line by accepting many of the communitarian criticisms against cosmopolitanism and following what can be described as a communitarian path to cosmopolitanism. This article identifies and describes four key elements that distinguish dialogic cosmopolitanism: a respect for difference; a commitment to genuine dialogue; an open, hesitant and self-problematising attitude on the part of the moral subject; and an undertaking to expand the boundaries of moral concern to the point of …

Becoming Good Europeans? Globality, The Eu And The Potential To Realize Nietzsche's Idea Of Europe, Michael J. Mcneal

Electronic Theses and Dissertations

This dissertation takes up Friedrich Nietzsche’s notion of ‘good Europeanism’ and his related idea of Europe to show how the former disposition may be cultivated to achieve the latter—a reinvigorated culture on the continent. It does so by applying his vitalist politics and power ontology (will to power hypothesis and theory of decadence) to critique European integration in the broader context of globalization. The analysis enables me to theorize how “healthy” individuals might exploit opportunities in the present to become 'good Europeans', with the aim of realizing Nietzsche’s quasi-cosmopolitan idea of Europe. It is my primary contention that Nietzsche’s diagnosis …

A Comparative Analysis Of The New York Times [U.S.A.] And The Nation Media Group [Kenya] Presidential Opinion Polls Coverage 90 Days Prior To Election Day, David Okoth

Theses, Dissertations and Capstones

This study seeks to find out whether there exists a relationship between the New York Times (U.S.) and the Nation Media Group (Kenya) coverage of presidential opinion poll results 90 days prior to Election Day. One research hypothesis was identified; (_H1) that there is a relationship – of difference – in how the two publications cover presidential opinion poll stories. The study identified 440 presidential opinion poll stories over a 90- day period prior to Election Day. It analyzed election coverage from October-December 2007 for the Nation and August-November 2008 for the Times. The study established that …

'Wars The Like Of Which One Has Never Seen', Tracy B. Strong

Research Resources

'WARS THE LIKE OF WHICH ONE HAS NEVER SEEN': READING NIETZSCHE AND POLITICS

Tracy B. Strong

Republicanism And Crime, Richard Dagger

Political Science Faculty Publications

These are but two of the difficult questions that arise when one examines the claim that crime is a public wrong. I take it, though, that their difficulty is an indication of the importance of thinking through the presuppositions and implications of this conception of crime, not a reason to abandon it. A thorough 'thinking through' is too large and complex a task for this chapter, but it is possible to make a case here for the right way to proceed with such an undertaking. That right way, in my view, is to look to the republican tradition of political …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …

On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz

Philosophy Faculty Publications

From a justificatory standpoint, perhaps the most basic question with respect to secession is what, if anything, provides the moral foundation for a group’s right to secede. My aim here is to make a start to answering this question. I do so, however, by considering a different, albeit closely related, question, namely what is the nature of the wrong done to members of a qualified group denied secession by the state that currently rules them? A compelling answer to this latter question, I suggest, will contribute significantly to a satisfactory answer of the former one.

Stephen James On The Challenge Of Human Rights: Origin, Development And Significance By Jack Mahoney. Oxford: Blackwell Publishing, 2007. 215pp., Stephen James

Human Rights & Human Welfare

A review of:

The Challenge of Human Rights: Origin, Development and Significance by Jack Mahoney. Oxford: Blackwell Publishing, 2007. 215pp.

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.

Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

In his most recent book on the moral duty to obey the law, A. John Simmons considers and rejects a number of natural duty approaches to justifying political authority. Among the targets of Simmons’ criticism is the account defended by the book’s co-author, Christopher Heath Wellman. In this essay, I evaluate the force of Simmons’ objections to Wellman’s account of political obligation. As will become clear below, I think Wellman’s defense of the duty to obey the law defective in certain ways—but not in all of the ways that Simmons argues it is. By rebutting some of Simmons’ criticisms and …

What Are America’S Obligations To Iraq After An Unjust War?, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

Since the goal of a just war is to restore a political condition of peace and justice, and since allowing a just war is always a mournful concession to the reality of injustice, a country that wins a war has post-bellum obligations to advance the common good within the losing nation and among the community of nations. It has the moral duty to make up for the damage it has caused, even if it was justified in causing that damage. (Note that the idea of a "just" war is not that war is a good in itself, but that it …

A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz

Philosophy Faculty Publications

Does membership in a political society, in and of itself, involve obligations to uphold that society’s political institutions? Margaret Gilbert offers a novel argument in defense of an affirmative answer to this question, which she labels the membership problem. Given a plausible construal of the concepts obligation, political society, and membership in a political society, Gilbert argues that it follows analytically that to be a member of a political society just is to have an obligation to uphold and support that society’s political institutions. The key to Gilbert’s argument is the idea of a joint commitment; those …

Democracy And Capitalism: Oil And Water?, Nick Smith

The University Dialogue

No abstract provided.

What Is Democracy, And Is It The One?, Scott Smith

The University Dialogue

No abstract provided.

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …

Richard Rorty And Moral Progress In Global Relations, Eduard Jordaan

Research Collection School of Social Sciences

Richard Rorty's navigation of the pitfalls of the cosmopolitan-communitarian debate, concern with human suffering, recognition of the contingency of communal identities and relationships, and his endorsement of liberal societies, by definition inclusive and always in search of a greater justice, make it appear as though his thought can guide us towards greater concern for the world's poor. However, this article questions the progressive potential of Rorty's thought. Obstacles to such (global) moral progress include Rorty's unquestioned statism and his focus on internal outsiders who are suffering and/or oppressed, instead of external outsiders beyond national borders; his insistence on a public-private …

There's No "I" In Team: Individualism, Private Property, And Propriety In Cicero's De Officiis, Alex C. Parrish

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …

Rethinking The Iraq War, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

The reasonable possibility of the situation getting worse [in Iraq] rather than better should have given humanitarian advocates for war, like myself, greater pause. For me at that time, this humanitarian motive bolstered what was weak in the weapons argument, and vice versa. But now I realize that a partial case for war because of the weapons risk and a partial case for war under humanitarian reasons don't add up to an air-tight case for just war. Each of the causes proffered has to be reasonable with little doubt-something like 90 to 95 percent certain-and they can't be undermined by …

Torture And Legitimacy, Ronald Sundstrom

Philosophy

George W. Bush’s administration has undermined the legitimacy of the United States of America as a member of the international community through an astonishing array of unilateral policies that do not respect the interests and concerns of that community. On matters of serious concern to the peoples of the world, such as the global environment, human rights, nuclear weapons proliferation, terrorism, and, of course, war, the United States has pursued its foreign policy interests guided by “political realism” and a stubborn commitment to its narrowly interpreted national interests. It is not enough, however, to merely identify and condemn the legitimacy …

Race And Place: Social Space In The Production Of Human Kinds, Ronald Sundstrom

Philosophy

Recent discussions of human categories have suffered from an over emphasis on intention and language, and have not paid enough attention to the role of material conditions, and, specifically, of social space in the construction of human categories. The relationship between human categories and social spaces is vital, especially with the categories of class, race, and gender. This paper argues that social space is not merely the consequent of the division of the world into social categories; it is constitutive of social categories. To put it more bluntly, if who we are is bound up with place, then not only …

Freedom And Rights, Richard Dagger

Political Science Faculty Publications

Liberalism, of course, is quite a capacious theory, with room for liberals to debate quite vigorously among themselves, as well as with others, the meaning and significance of freedom, rights and other concepts. It is also capacious enough to allow for a rethinking of these concepts at a time of pressing environmental problems. Such a rethmking, I shall argue, should lead us to conceive of freedom and rights less as barriers or shields that protect individuals against interference - as forms of independence - and more as matters of organic growth and connection, or interdependence. Indeed, we must conceive …

The Responsibility To Protect, Romeo Dallaire

New England Journal of Public Policy

From the EPIIC Symposium, Sovereignty & Intervention, at Tufts University in February 2003: Focuses on the responsibility to protect humanity. Experiences during the Rwandan catastrophe; Resolvability of humanitarian catastrophes with security problems; Several ways on how to intervene in the problem.

Psychological And Sociopolitical Factors Contributing To The Creation Of The Iraqi Torturers: A Human Rights Issue, Ibpp Editor

International Bulletin of Political Psychology

This article was written by Dr. Mika Haritos-Fatouros, Professor of Psychology, Department of Psychology, Aristotle University of Thessaloniki, Thessalonica, Greece.

She discusses the human rights context of torture in Abu Ghraib from a political psychological perspective.

Foucault And Habermas, David Ingram

Philosophy: Faculty Publications and Other Works

The article is a comprehensive comparison of Foucault and Habermas which focuses on their distinctive styles of critical theory. The article maintains that Foucault's virtue ethical understanding of aesthetic self-realization as a form of resistance to normalizing practices provides counterpoint to Habermas's more juridical approach to institutional justice and the critique of ideology. The article contains an extensive discussion of their respective treatments of speech action, both strategic and communicative, and concludes by addressing Foucault's understanding of parrhesia as a non-discursive form of truth-telling.

Politics, Rights, And The Refugee Problem, Richard Dagger

Political Science Faculty Publications

In The Origins of Totalitarianism, the political philosopher Hannah Arendt pointed to the years between World War I and World War II as the time when the plight of refugees became a pressing political problem.' If Arendt were still alive (she died in 1975), she would no doubt agree that the problem is at least as pressing in the early twenty-first century as it was sixty or more years ago, when she herself was a refugee from Nazi Germany. Who would not agree? According to a report of the U.N. Population Division, 16 million people were refugees at the …