Suchergebnisse

Does fair political representation for historically disadvantaged groups require their presence in legislative bodies? The intuition that women are best represented by women, and African-Americans by other African-Americans, has deep historical roots. Yet the conception of fair representation that prevails in American political culture and jurisprudence--what Melissa Williams calls "liberal representation"--concludes that the social identity of legislative representatives does not bear on their quality as representatives. Liberal representation's slogan, "one person, one vote," concludes that the outcome of the electoral and legislative process is fair, whatever it happens to be, so long as no voter is systematically excluded. Challenging this notion, Williams maintains that fair representation is powerfully affected by the identity of legislators and whether some of them are actually members of the historically marginalized groups that are most in need of protection in our society.Williams argues first that the distinctive voice of these groups should be audible within the legislative process. Second, she holds that the self-representation of these groups is necessary to sustain their trust in democratic institutions. The memory of state-sponsored discrimination against these groups, together with ongoing patterns of inequality along group lines, provides both a reason to recognize group claims and a way of distinguishing stronger from weaker claims. The book closes by proposing institutions that can secure fair representation for marginalized groups without compromising principles of democratic freedom and equality

In a world no longer centered on the West, what should political theory become? Although Western intellectual traditions continue to dominate academic journals and course syllabi in political theory, up-and-coming contributions of 'comparative political theory' are rapidly transforming the field. Deparochializing Political Theory creates a space for conversation amongst leading scholars who differ widely in their approaches to political theory. These scholars converge on the belief that we bear a collective responsibility to engage and support the transformation of political theory. In these exchanges, 'deparochializing' political theory emerges as an intellectual, educational and political practice that cuts across methodological approaches. Because it is also an intergenerational project, this book presses us to re-imagine our teaching and curriculum design. Bearing the marks of its beginnings in East Asia, Deparochializing Political Theory seeks to de-center Western thought and explore the evolving tasks of political theory in an age of global modernity.

Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extralegal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions.

Somalia, Haiti, Bosnia, and Kosovo. All are examples where humanitarian intervention has been called into action. This timely and important new volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state. Humanitarian intervention can be seen as a moral duty to protect but it is also subject to misuse as a front for imperialism without regard to international law. In Humanitarian Intervention , the contributors explore the many questions surrounding the issue

Cover -- Half Title -- Title -- Copyright -- Contents -- Contributors -- Acknowledgements -- 1 Introduction -- 2 Constitutional Stigmatisation -- 3 The Contagion of Rights: Constitutions as Carriers -- 4 Impartial Justice and Partial Perspectives -- 5 Issues of Territoriality and Identity in the Irish Constitution -- 6 Cultural Identity and Constitutional Reform: The Challenge of Northern Ireland -- 7 'Race' and Language in American and Canadian Politics -- 8 Globalisation and Governance -- 9 Regional Integration and Restrictive Constitutionalism in North America and Western Europe -- 10 Constitutionalism as a Form of Conflict Resolution -- Bibliography -- Index

Moral universalism, or the idea that some system of ethics applies to all people regardless of race, color, nationality, religion, or culture, must have a plurality over which to range - a plurality of diverse persons, nations, jurisdictions, or localities over which morality asserts a universal authority. The contributors to Moral Universalism and Pluralism , the latest volume in the NOMOS series, investigate the idea that, far from denying the existence of such pluralities, moral universalism presupposes it. At the same time, the search for universally valid principles of morality is deeply

"East Asian Perspectives on Political Legitimacy What makes a government legitimate? Why do people voluntarily comply with laws, even when no one is watching? The idea of political legitimacy captures the fact that people obey when they think governments' actions accord with valid principles. For some, what matters most is the government's performance on security and the economy. For others, only a government that follows democratic principles can be legitimate. Political legitimacy is therefore a two-sided reality that scholars studying the acceptance of governments need to take into account"--

Principles -- Traditional just war theory and humanitarian intervention / Joseph Boyle -- Humanitarian intervention : a conflict of traditions / Anthony Coates -- A duty to protect / Kok-Chor Tan -- Humanitarian intervention as a perfect duty: a Kantian argument / Carla Bagnoli -- Institutions -- Legality and legitimacy in humanitarian intervention / Thomas Franck -- Moralizing humanitarian intervention : why jurying fails and how law can help / Thomas Pogge -- Whose principles? whose institutions? legitimacy problems of humanitarian intervention / Catherine Lu -- Jurying humanitarian intervention and the ethical principle of open-minded consultation -- Brian D. Lepard -- The jury, the law, and the primacy of politics / Melissa S. Williams -- From state sovereignty to human security (via institutions?) / Pratap Bhanu Mehta -- The unavoidability of morality : a commentary on Mehta / Kok-Chor Tan.

Invisible citizens : political exclusion and domination in Arendt and Ellison / Danielle Allen -- Tragic visions, mundane realities : a comment on Danielle Allen's "Invisible Citizens" / Clifford Orwin -- The domination complaint / Philip Pettit -- Pettit and modern Republican political thought / Miguel Vatter -- Against Monism : pluralist critical comments on Danielle Allen and Philip Pettit / Veit Bader -- Reply to Bader and Orwin / Danielle Allen -- In reply to Bader and Vatter / Philip Pettit -- Exclusion and assimilation : two forms of domination in relation to freedom / James Tully -- Liberal foundationalism and agonistic democracy / Michael Blake -- Democracy and legitimacy : a response to James Tully's "Exclusion and Assimilation" / Leif Wenar -- A reply to Michael Blake and Leif Wenar / James Tully -- Inscribing the face : shame, stigma, and punishment / Martha Nussbaum -- The duration of shame "Time Served" or "Lifetime"? / Sanford Levinson -- Genocide's sexuality / Catharine A. MacKinnon

Somalia, Haiti, Bosnia, and Kosovo. All are examples where humanitarian intervention has been called into action. This timely and important new volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state. Humanitarian intervention can be seen as a moral duty to protect but it is also subject to misuse as a front for imperialism without regard to international law.In Humanitarian Intervention, the contributors explore the many questions surrounding the issue. Is humanitarian intervention permitted by international law? If not, is it nevertheless morally permissible or morally required? Realistically, might not the main consequence of the humanitarian intervention principle be that powerful states will coerce weak ones for purposes of their own? The current debate is updated by two innovations in particular, the first being the shift of emphasis from the permissibility of intervening to the responsibility to intervene, and the second an emerging conviction that the response to humanitarian crises needs to be collective, coordinated, and preemptive. The authors shed light on the timely debate of when and how to intervene and when, if ever, not to.Contributors: Carla Bagnoli, Joseph Boyle, Anthony Coates, Thomas Franck, Brian D. Lepard, Catherine Lu, Pratap Bhanu Mehta, Terry Nardin, Thomas Pogge, Melissa S. Williams, and Kok-Chor Tan