Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices.
From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.
One of the distinctive features of Habermas's work has been its approach to the problem of political legitimacy through a sustained reflection on the dual legitimating and regulating function of modern legal systems. Extending his discourse theory of normative validity to the legal-political domain, Habermas has defended a proceduralist conception of deliberative democracy in which the burden of legitimating state power is borne by informal and legally institutionalized processes of political deliberation. Its guiding intuition is the radical democratic idea that there is an internal relation between the rule of law and popular sovereignty. In these essays he brings this discursive and proceduralist analysis of political legitimacy to bear on such urgent contemporary issues as the enduring legacy of the welfare state, the future of the nation state, and the prospects of a global politics of human rights.
This book will be essential reading for students and academics in sociology and social theory, politics and political theory, philosophy and the social sciences generally.
Cosmopolitanism is a way of thought and life which entails an identification of the individual with the whole humankind, and implies a moral obligation to promote social and political justice at the global level. Contemporary cosmopolitanism reflects a global state that is already in itself highly cosmopolitan, and represents an attempt to solve the new problems raised by this situation, to reappraise a number of traditional conceptual categories in the light of changes having already occurred or that are still taking place, to develop new ones, as well as to encourage and guide political-institutional reform projects.
Taraborrelli provides clear descriptions of the three main forms of contemporary cosmopolitanism – moral, political-legal and cultural – described through the thought of various figures representative of the more significant approaches: Appiah, Archibugi, Beitz, Benhabib, Bhabha, Held, Kaldor, Nussbaum, Pogge, Sousa Santos. This book provides a sound and comprehensive basis for the study of cosmopolitanism, ideal as a starting point for the discussion of issues of widespread interest such as human rights, global justice, migration, multiculturalism.
This book examines Arendt's ideas about thinking, acting and political responsibility, investigating the relationship between the life of the mind and the life of action that preoccupied Arendt throughout her life. By joining in the conversation between Arendt and Gaus, each contributor probes her ideas about thinking and judging and their relation to responsibility, power and violence. An insightful and intelligent treatment of the work of Hannah Arendt, this volume will appeal to a wide number of fields beyond political theory and philosophy, including law, literary studies, social anthropology and cultural history.
This book moves beyond this traditional approach in order to investigate and critically assess how such answers reflect the particular epistemological frameworks within which they are produced. Its chapters explore the varied contexts within which the obscure entity labelled al-Qaeda is constituted as a comprehensible object of political, strategic, cultural, and scientific knowledge, and within which 'terrorism' is rendered an experience of quotidian life.
This volume offers a much-needed critical reflection on Western ways of talking and of thinking about the frightening experience of global terrorism. In trying to know how we know al-Qaeda, it offers us an opportunity to try to know ourselves and our often hidden assumptions about legitimacy, violence, and political purpose.