Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alternative dispute resolution (1)
- Civic humanism (1)
- Constitution of the United States (1)
- Constitutional theory (1)
- Converse (Philip) (1)
-
- Democracy (1)
- Democratic theorists (1)
- Economic sanctions (1)
- Elections (1)
- Ethics (1)
- Global justice (1)
- High Commissioner for National Minorities (1)
- Institutions (1)
- International law (1)
- International political morality (1)
- John Stuart Mill (1)
- Kurland (Philip B.) (1)
- Lane (Robert) (1)
- Legality (1)
- Legitimacy (1)
- Lerner (Ralph) (1)
- Liberalism (1)
- Non-coercion (1)
- Non-ideal theory (1)
- Pocock (J.G.A.) (1)
- Political philosophy (1)
- Pre-emptive action (1)
- Public life (1)
- Republicanism (1)
- Republicans (1)
- Publication
Articles 1 - 6 of 6
Full-Text Articles in Law
International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner
International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner
Articles
The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …
Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Book Chapters
My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …
Alternatives To Economic Sanctions, Christine M. Chinkin
Alternatives To Economic Sanctions, Christine M. Chinkin
Book Chapters
Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …
Democratic Discussion, Don Herzog, Donald R. Kinder
Democratic Discussion, Don Herzog, Donald R. Kinder
Book Chapters
"Democracy," remarked H. L. Mencken, "is the theory that the common people know what they want, and deserve to get it good and hard." Mencken found American politics a droll spectacle and showered contempt on the dullards he named "the booboisie." Plenty of other intelligent and perceptive observers have concluded that ordinary citizens are flatly incapable of shouldering the burdens of democracy. Uninformed and uninterested, absorbed in the pressing business of private life, unable to trace out the consequences of political action, citizens possess neither the skills nor the resources required for what Walter Bagehot pithily named "government by discussion." …
Approaching The Constitution, Don Herzog
Approaching The Constitution, Don Herzog
Reviews
These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …