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Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of 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 book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
In recent years there has been great interest in new forms of citizen participation, such as citizens' assemblies or deliberative polls that involve ordinary citizens in political decision-making. Many see these innovations as the best solution to the current crisis of democracy. The most radical among them propose replacing elections with the random selection of ordinary citizens, transforming electoral democracy into a lottocracy. These developments are driven by a lottocratic mentality that is deeply transforming our understanding of democracy, political equality, representation, and more. In The Lottocratic Mentality, Lafont and Urbinati focus on this way of thinking, which is flourishin...
All human beings are born with equal dignity and possess equal rights. This statement appears normatively just as irrefutable as it is empirically refuted every day. But what are the grounds of this principle, and how should we think about its realization? Its philosophical truth can best be explained by going back to (and beyond) Kant’s notion of a ‘noumenal republic’ in which every person is an equal co-author of the laws that bind all. At the same time, a critical analysis of society and politics must show the extent to which the reality of power and ideology makes a mockery of this constructivist conception of dignity. To bridge the gap between unworldly idealism and practical hopelessness, we need a critical theory after Kant. Rainer Forst, one of the world’s most influential political philosophers, works to develop just such a theory in this powerful and illuminating volume. It contains no less than a new systematic account of concepts such as alienation, progress and regression, solidarity, human rights, justice, power and non-domination.
Humans are animals who fictionalize other animals to asse their "humanness." We are philosophical animals who philosophize about our humanity by projecting images onto a mirror about other animals. Spanning literature, philosophy, and ethics, the thread uniting The Philosophical Animal is the bestiary and how it continues to inform our imaginings. Beginning with an exploration of animals and women in the literary work of Coetzee, famous for his book on the Lives of Animals, Eduardo Mendieta then dives into the genre of bestiaries in order to investigate the relation between humanity and animality. From there he approaches the works of Derrida and Habermas from the standpoint of genetic engineering and animal studies. While we have intensely modified many species genetically, we have not done this to ourselves. Why? Finally, Mendieta deals with the political and ethical implications suggested by this question before ending on an autobiographical note about growing up around so-called animals, and in particular horses.
Religion in Liberal Democracy as a Form of Life advances a theory to deal with the challenges connected to the liberal democratic ideal that all people are free to codetermine the future of their society and equally entitled to their religion and beliefs, given the historical bias towards Christianity in politics and culture within many European societies. Religious diversity and social and political participation are in fact fiercely contested issues. Critical scholars from philosophy and cultural theory contest that liberal political theories of freedom of religion can adequately deal with issues connected to an increasingly diversified and secularized religious field in historically Chris...
This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also pro...
This collection helps bridge the divide between the work of normative theorists and climate action (or inaction). In this volume, contributors reflect on how we should understand the relationship between theorizing about climate justice, the principles of justice that result, and feasibility constraints on climate action. Some explore the role of theorists or the usefulness of their theories for guiding policymaking and action on climate change, while others discuss concerns with who is establishing what the feasibility constraints are and how they are doing so. Others identify and discuss psychological feasibility constraints on just climate action, or draw important parallels and distinctions between the feasibility constraints that were tackled in order to address the COVID-19 pandemic and those that need to be tackled in order to respond to global climate change. The international and interdisciplinary contributors offer a range of approaches and frameworks, to re-think the ways that concerns of justice should be considered on the policy level, speaking to students, research scholars, activists, and policymakers.
For a century at least, parties have been central to the study of politics. Yet their typical conceptual reduction to a network of power-seeking elites has left many to wonder why parties were ever thought crucial to democracy. This book seeks to retrieve a richer conception of partisanship, drawing on modern political thought and extending it in the light of contemporary democratic theory and practice. Looking beyond the party as organization, the book develops an original account of what it is to be a partisan. It examines the ideas, orientations, obligations, and practices constitutive of partisanship properly understood, and how these intersect with the core features of democratic life. Such an account serves to underline in distinctive fashion why democracy needs its partisans, and puts in relief some of the key trends of contemporary politics.
This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
There is now widespread agreement that many non-human animals are sentient, and that this fact has important moral and political implications. This book is devoted to sketching what this 'sentientist politics' might look like.