Suchergebnisse

Andreas Fischer Lescano and Carsten Gericke 2011. The ICJ and Transnational Law: The "Case Concerning Jurisdictional Immunities" as an Indicator for the Future of the Transnational Legal Order. ZERP-Working Paper 2/2011.

Download from the ZERP Homepage

see also: www.zerp.uni-bremen.de

Abstract:
On 22 December 2008 the Federal Republic of Germany initialized proceedings against the Italian Republic before the International Court of Justice (ICJ) in The Hague. In January 2011 Greece applied for permission to intervene in the case. On 4 July 2011 the ICJ decided that Greece is permitted to intervene as a nonparty in the case, pursuant to Article 62 of the Statute. Public hearings in The Hague will take place from 12 to 16 September 2011.

The outcome of this "Case Concerning Jurisdictional Immunities" is of central significance for the future of the transnational enforcement of human rights insofar as the ICJ decision will determine the role national courts are to play in the enforcement of compensation claims under civil law in the field of "transitional justice." Consequently, it will also determine how the tension between human rights, on the one hand, and state immunity, on the other, is to be adjusted. If one conceives "transnational law" in the vein of Philip C. Jessup – i.e. as law that breaks with the paradigm of an ius inter gentes, which can be invoked by individuals and which transcends the dualism of national and international law – it can be concluded that the future of transnational law and the leeway for the transnational enforcement strategies of civil societal actors depend significantly on the course of the proceedings in The Hague.

I've received many requests for some kind of journal rankings list from readers.

Readers will be aware of several different rankings of philosophy journals. These include the Australian Research Council's (ARC) now disused ERA rankings and European Science Foundation's (ESF) European Research Index for the Humanities (ERIH).  Plus, there have been different polls by Brian Leiter and the Brooks Blog (and this more comprehensive poll of 140+ journals). Other blogs discussing journal rankings include Certain Doubts, Lemmings, Thoughts, Arguments, and Rants, and this.

Each metric has its limitations and such a discussion would merit a long blogpost of its own. Let me be clear from the beginning that I believe that journal rankings are the crudest of indicators. If you want to assess the quality of something, then read it.

What I propose here is a ranking of rankings. Journals will be grouped in tiers based upon various metrics. There is broad agreement between different lists and I don't believe this list will prove controversial. The journals that score best are those journals that have consistently ranked highly across the major studies both European (ERIH), International (ARC ERA), and major opinion polls of thousands of philosophers (Brooks Blog, Leiter Reports). We find wide consistency across most indicators, but taken together we can find a strong "core" that come out top again and again. Those that perform less well is often a result of inclusion on some indicators, but not others. Comments are most welcome and the list (with information on how data was collected) is below. Enjoy!
Some proposed journal rankings for philosophy *

Rated 'A*' (maximum 25 points):
Ethics
Journal of Philosophy
Mind
Nous
Philosophical Review
Philosophical Quarterly
Philosophical Studies
Philosophy and Phenomenological Research

Rated 'A' (20-24 points):

Analysis (24)
Australasian Journal of Philosophy (24)
Philosophy and Public Affairs (24)
Canadian Journal of Philosophy (23)
American Philosophical Quarterly (22)
Monist (22)

Rated 'B' (15-19):

European Journal of Philosophy (19)
Synthese (19)
Journal of the History of Philosophy (18)
Philosophers' Imprint (18)
Proceedings of the Aristotelian Society (18)
Ratio (18)
British Journal for the Philosophy of Science (17)
Journal of Political Philosophy (17)
Midwest Studies in Philosophy (17)
Philosophy of Science (17)
Journal of Ethics (16)
Journal of Moral Philosophy (16)
Pacific Philosophical Quarterly (16)
Philosophical Topics (16)
Utilitas (16)
Journal of Philosophical Logic (15)

Rated 'C' (10-14 points):

British Journal for the History of Philosophy (14)
Erkenntnis (14)
Mind and Language (14)
Kant-Studien (13)
Philosophy (13)
Ethical Theory and Moral Practice (12)
Philosophical Papers (12)
Phronesis (12)
Southern Journal of Philosophy (12)
Oxford Studies in Ancient Philosophy (11)
Review of Metaphysics (11)
Hume Studies (10)
Journal of Ethics and Social Philosophy (10)
Journal of Philosophical Research (10)

N/a ranked (9 or less points):

Metaphilosophy (9)
Philosophical Investigations (9)
History of Philosophy Quarterly (8)
International Journal of Philosophical Studies (8)
Philosophy Compass (7)
Notre Dame Philosophical Reviews (5)
Philosophia (4)


* Note on rankings:

I have weighted the journals in the following way:

ARC ERA list:
Journals are ranked A*, A, B, C. Points awarded: A* = 5, A = 4, B = 3, C = 2.

Brooks Blog list (1):
Journals ranked 1-50. Points awarded: #1-10 = 5, #11-20 = 4, #21-30 = 3, #31-40 = 2, #41-50 = 1.

List (2) ranks journals 1-50. Points awarded: #1-10 = 5, #11-20 = 4, #21-30 = 3, #31-40 = 2, #41-50 = 1, #51-143 = 0.

ERIH list:
Journals are (now) ranked Int1, Int2, Nat. Points awarded: Int1 = 5, Int2 = 4, Nat = 3.

Leiter Reports list:
General philosophy journals ranked only in top 20. Points awarded: #1-10 = 5, #11-20 = 4. Leiter has an additional list in ethics which raises complications. Journals are not double-counted and keep score if on general list. Points awarded: #1-10 = 5, #11-20 = 4, #21-30 = 3 where journals not on list 1. While this will cover general journals and journals that publish in ethics, there is need for a list in other areas especially mind/language and philosophy of science.

Notes: There are two lists for the Brooks Blog. List 2 is original list and surveys top 143 journals from a broad range. The top 50 in this poll were polled a second time in List 1.

QUERY FOR READERS: Do the weightings seem appropriate? What would you change? What journal rankings would you add?

UPDATE: Do readers believe the rankings are an accurate reflection of the field? Any surprises? 

Readers will be aware of the philosophy journal poll I have been hosting here. The poll was comprehensive in that it covered over 140 philosophy journals, most of them suggestions by readers. These journals cover the full spectrum of the discipline. There have been more than 36,000 votes cast already and I believe we can draw some initial findings. Journals are each assigned a score: this is the percent (%) chance that voters will select this journal as their favourite if asked to choose between this journal and a second journal chosen at random.

The first finding is that there appears to be a top tier of philosophy journals -- this is not controversial -- that is relatively small -- this latter part may be more controversial.

From the poll, the top tier of philosophy journals appears to consist of the following publications:

1. Journal of Philosophy 87

2. Philosophical Review 84
3. Philosophy & Phenomenological Research 83
3. Nous 83 
5. Mind 82 
6. Ethics 80

I say that these appear to be the top tier as each were no. 1 or 2 at some point during the voting (unlike other journals). Each would be selected at least 80% of the time if paired with a second journal chosen at random.

A further finding is that the second tier of journals -- which we might classify as chosen at least 60-79% of the time when paired with a second journal chosen at random -- is perhaps surprsingly large. This second tier might consist of the following journals:

7. Philosophical Studies 79
8. Synthese 77
8. Philosophy & Public Affairs 77
10. Analysis 76
10. Philosophical Quarterly 76
10. American Philosophical Quarterly 76
10. Philosophers' Imprint 76
10. Monist 76
10. Canadian Journal of Philosophy 76
16. Journal of the History of Philosophy 75
16. Pacific Philosophical Quarterly 75
16. Midwest Studies in Philosophy 75
16. Proceedings of the Aristotelian Society 75
20. Australasian Journal of Philosophy 74
21. British Journal for the Philosophy of Science 73
21. European Journal of Philosophy 73
23. Erkenntnis 72
24. Philosophy of Science 71
25. Philosophy 70
25. History of Philosophy Quarterly 70
25. Ratio 70
28. Journal of Moral Philosophy 69
29. Oxford Studies in Ancient Philosophy 68
30. Notre Dame Philosophical Reviews 67
31. Philosophical Papers 67
32. Journal of Philosophical Logic 67
33. Journal of Philosophical Research 66
33. British Journal for the History of Philosophy 66
33. Utilitas 66
33. Mind and Language 66
33. Journal of Ethics 66
38. Southern Journal of Philosophy 65
39. Review of Metaphysics 64
39. Philosophical Investigations 64
39. Kant-Studien 64
42. Metaphilosophy 62
42. Philosophy Compass 62
42. Journal of Political Philosophy 62
42. Philosophical Topics 62
42. Philosophia 62
47. Hume Studies 61
47. Linguistics and Philosophy 61
49. Journal of Ethics & Social Philosophy 60

The next third tier of journals are those chosen about 50% of the time (from 40-60%)  where paired with a second journal chosen at random:

50. Phronesis 59 
51. Journal of the History of Ideas 58

51. Journal of Aesthetics and Art Criticism 58
53. Ethical Theory & Moral Practice 57
53. Philosophical Forum 57
53. Inquiry 57
56. Oxford Journal of Legal Studies 56
57. Political Theory 55
57. Social Theory & Practice 55
57. Philosophical Explorations 55
57. Journal of Social Philosophy 55
57. Economics & Philosophy 55
62. Law & Philosophy 54
62. dialectica 54
62. Public Affairs Quarterly 54
62. Acta Analytica 54
66. Social Philosophy & Policy 53
66. Theoria 53
66. Journal of Applied Philosophy 53
69. Faith and Philosophy 52
70. Political Studies 51
71. Journal of Value Inquiry 51
72. Harvard Law Review 50
73. Studies in History and Philosophy of Science 49
73. Philosophy & Public Policy Quarterly 49
73. Philosophical Psychology 49
76. Bioethics 48
76. International Journal of Philosophical Studies 48
78. Politics, Philosophy, Economics 47
78. Kantian Studies 47
79. History of Political Thought 44
80. Legal Theory 43
81. Hypatia 42
82. Philosophical Writings 41
82. southwest philosophy review 41
84. Apeiron 40
84. European Journal of Political Theory 40
84. American Journal of Bioethics 40

The remaining results for other journals are as follows:

87. Environmental Ethics 39
87. Logique et Analyse 39
87. Philosophy Today 39
90. Ratio Juris 38
90. Studies in History and Philosophy of Modern Physics 38
90. Business Ethics Quarterly 38
93. Journal of the British Society for Phenomenology 37
93. Ethical Perspectives 37
93. Public Reason 37
96. Hegel-Studien 36
97. Philosophy & Social Criticism 35
97. Res Publica 35
97. Philosophy in Review 35
97. Philo 35

101. Neuroethics 34
101. Ethics and Justice 34
103. Philosophy and Theology 33
104. International Journal of Applied Philosophy 32
105. Phenomenology and the Cognitive Sciences 32
106. Review of Politics 31
106. Jurisprudence 31
106. Research in Phenomenology 31
109. Journal of Philosophy of Education 30
109. Review Journal of Political Philosophy 30
109. Philosophy East and West 30
112. South African Journal of Philosophy 29
112. Kennedy Institute of Ethics Journal 29
114. Teaching Philosophy 28
114. Review Journal of Philosophy & Social Science 28
114. Critical Review of International Social and Political Philosophy 28
117. Journal of Global Ethics 27
117. APA Newsletters 27
119. Transactions of the C. S. Peirce Society 26
120. Bulletin of the Hegel Society of Great Britain 25
121. Adam Smith Review 23
121. Archiv fur Rechts- und Sozialphilosophie 23
121. Imprints: Egalitarian Theory and Practice 23
124, Theory and Research in Education 22
125. Polish Journal of Philosophy 21
125. Epoche 21
125. Fichte Studien 21
125. Symposium: Canadian Journal of Continental Philosophy 21
125. Asian Philosophy 21
130. Think 20
131. Archives de Philosophie du Droit 18
131. Collingwood & British Idealism Studies 18
131. Owl of Minerva 18
131. New Criminal Law Review 18
135. Journal of Indian Philosophy 17
136. Continental Philosophy Review 17
136. The European Legacy 17
138. Education, Citizenship, and Social Justice 15
139. Reason Papers 14
139. Associations 14
139. Journal of Indian Philosophy and Religion 14
142. Studia Philosophica Estonica 13
143. Derrida Today 5

Some further reflections. While there are several exceptions, it would be interesting to analyze any correlation between the age of a journal and its position in the rankings. There are several surprises on the list, this list does not correspond to my own opinions (I would have ranked many journals differently), and I do not believe that there is much difference between journals ranked closely together.

I also purposively put some selections in to see how they might play out. For example, I added Harvard Law Review out of curiosity and I was surprised to see of all journals exclusively publishing law and legal philosophy journals it appears to come second to the Oxford Journal of Legal Studies and above other choices. (I was surprised legal philosophy journals did not score much better.) I added several journals edited by political scientists, such as Political Studies, and was surprised to see they did not score as highly as I had thought. Roughly speaking, journals with a wider remit performed much better than journals with a more specific audience. I also added at least one journal, Ethics and Justice, that I believe is no longer in print. (Can readers correct me on this? I hope I am in error.) It scored 34% and came in at 101st.

What I will do shortly is create a new poll that will only have the top 50 philosophy journals from this poll roughly speaking. Expect to see this new link widely advertised shortly.

In the meantime, what do readers think we can take away from the results thus far? Have I missed anything?