It helps ordinary citizens evaluate their options and their responsibility for global institutional factors, and it challenges social scientists to address the causes of poverty and hunger that act across borders.The present volume ...

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of concern—in particular (...) the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

The present article explores ‘anti-cosmopolitan’ arguments that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitan’ arguments. Section 1 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply to individuals? Such norms may (...) require strict equality, Rawls’ Difference Principle, or other constraints on inequality. Section 2 considers, and rejects, several arguments why existing international institutions are not thought to meet these conditions. (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political deliberations in (...) Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and tools (...) of international mechanisms of corrective concern. The account should consider further subsidiary modes of support. On the other hand the theory is too broad, in that it gives insufficient guidance to the judges of ICs and others able to effect changes. This leaves the theory incomplete, and open to similar criticism as the book raised against others. Accounts of the theory presented in The Idea of Human Rights,and of ICs and their roles regarding human rights allow us to explore some implications of ICs for The Idea of Human Rights.We then consider how if at all The Idea of Human Rights can guide international judges. (shrink)

Journal of Social Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

This chapter contains section titled: Introduction:the European Union and the Law of Peoples The Argument of Law of Peoples Standards and Grounds for International Stability Human Rights in Federations The Argument of Law of Peoples for Inter‐people Inequality Distributive Justice in Federations Federal and Global Implications Toleration and Stability Reconsidered Acknowledgments Notes.

"The growing interest in 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 have gathered to fill this gap. Divided in three parts, firstly the Kantian notion of (...) human rights is explored, with particular emphasis on how it applies to levels of government beyond the state. The second part explores the scope of human rights, including the contentious questions of whether it includes welfare rights and freedom of speech across borders. The topic of the final section is human rights institutions, with a special focus on the legitimacy of international human rights courts. Human rights have become a force to reckon with in international politics. This book, written by an international team of specialists on Kant and human rights, contributes to understanding a major political development of our times"--. (shrink)

The Article addresses some of the disagreement concerning the legitimacy of the international human rights judiciary. It lays out some aspects of a theory of legitimacy for the international human rights judiciary that seem relevant to addressing two challenges: First, it is difficult to justify the human rights judiciary by appeal to standard accounts of why states agree to subject themselves to treaties. What is the problem the international human rights judiciary is meant to help solve? Second, the human rights (...) judiciary seems undemocratic and even antidemocratic when it overrules domestic, accountable legislatures. Such international judicial review is therefore sometimes thought to be normatively illegitimate, at least regarding democracies. (shrink)

Institutional suggestions for how to rethink democracy in response to changing state responsibilities and capabilities have been numerous and often mutually incompatible. This suggests that conceptual unclarity still reigns concerning how the normative ideal of democracy as collective self-determination, i.e. ?rule by the people?, might best be brought to bear in a transnational and global context. The aim in this paper is twofold. First, it analyses some consequences of the tendency to smudge the distinction between democratic theory and moral theories (...) of legitimacy and justice. Second, it develops a conceptual framework that distinguishes between necessary conditions, aspects and aims of democracy. On this basis it specifies three objectives of democracy, some of which may also hold for multilevel governance. It is argued that there are in principle at least three reasons to value democratic institutions: they are intrinsically justified to the extent that they distribute fair shares of political influence over decision-making; they are instrumentally justified to the extent that they secure several of our other best interests, one of which is our interest in non-domination; and finally, they are also instrumentally justified insofar as they secure the just distribution of other goods. The aim of this framework is not to develop a specific theory of multilevel governance but to point at important distinctions to be made and normative criteria to be specified. The intention is to take the debate forward by noting some of the issues that any satisfactory account must address. The framework lays out the grounds for analysing the institutional challenges facing legitimate multilevel governance through what is speculatively called ?multiple citizenship?, understood in explorative terms, opening the door for the manifold roles that citizens could and ought to play in multilevel governance, not only as democratic agents, but also as agents of democracy and agents of justice. (shrink)

What kind of equality among Europeans does equal citizenship require, especially regarding education? In particular, is there good reason to insist of equality of education among Europeans—and if so, equality of what? To what extent should the same knowledge base and citizenship norms be taught across state borders and religious and other normative divides? At least three philosophical issues merit attention: (a) The requirements of multiple democratic citizenships beyond the nation state; (b) how to respect diversity while securing such equality (...) and inculcating commitments to justice and norms of citizenship, and (c) The multiple reasons for equality of various kinds among political equals living in a Union as compared to a unitary state. The article responds on the basis of several arguments in favour of certain kinds of equality. All Union citizens must enjoy a high minimum level of education, and all pupils must be informed concerning the various ways of life prevalent in Europe. Furthermore, there must be standards for securing equality of opportunity across the EU, though it is difficult to measure under multiculturalism. Citizens must also be socialised to certain ‘citizenship norms’. This shared basis to be taught in schools should avoid contested religious or philosophical premises as far as possible. Yet the school system should socialise pupils to three commitments: to the just domestic and European institutions and hence the legislation they engender, to principles that justify these institutions; and to a political theory that grounds these principles in a conception of the proper role of individuals, of member states and of the Union. I also argue that equality of result is not a plausible normative requirement among Europeans, while equality of opportunity is. The paper concludes with some comments on the lessons to be drawn for ‘Global’ citizenship. (shrink)

Machiavelli's 500-year-old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present-day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and current (...) relations among states are significantly different. The revised assumptions should make Machiavelli's followers more optimistic about international law and international courts. (shrink)

How should the global set of social institutions distribute income and wealth among members of different states? I present a Theory of Global Justice which supports the Bounded Significance of State Borders: The states system must satisfy the Determinate Human Needs of all, and the distribution within each state must satisfy Rawls' Difference Principle. However, justice does not require a Global Difference Principle: income and wealth need not be distributed so as to maximize the income and wealth of the globally (...) worst off. ;The Theory of Global Justice illuminates the status of claims to equality within contractualism. There is no general presumption for equality of condition, and only contingent grounds for equality of certain goods. ;The claim to satisfaction of needs and the claim to equal income and wealth stem from two different sources: The Principle of Human Rights and The Principle of Equal Procedural Controls. The Principle of Equal Procedural Controls applies among citizens within state borders, but not among individuals in different states. ;Chapter 1 presents the central concepts of the Theory of Global Justice: states systems, contractualism and impact arguments. ;The Theory of Global Justice recognizes two kinds of interests as grounding claims on social institutions: Determinate Human Needs, and various controls over factors which affect our lives. Chapter 2 explains the notion of Determinate Human Needs. ;Chapter 3 argues for The Principle of Human Rights. The set of international institutions must seek to secure the satisfaction of the Determinate Human Needs of all. ;Chapter 4 presents the Principle of Equal Procedural Controls. Participants in important procedures can sometimes reasonably claim an equal share of procedural controls. ;The Principle of Equal Procedural Controls applies differently among compatriots and among foreigners. Chapter 5 claims that this principle requires equality of Social Primary Goods and the Difference Principle among citizens. ;Chapter 6 denies that the Principle of Equal Procedural Controls applies among individuals in different states in such a way as to support a Global Difference Principle. State borders thus legitimately affect individuals' grounds for claiming equal shares of procedural controls. (shrink)

This paper critiques Dagfinn Follesdal's influential interpretation of the Husserlian noema as a Fregean sense. Though other philosophers have argued that Follesdal's interpretation is mistaken, this paper demonstrates that the origin of the error is a fundamental misunderstanding, on Follesdal's part, of Husserlian terminology. The paper also examines the views of David Woodruff Smith and Ronald McIntyre who, influenced by Follesdal, mistakenly read the Husserl of the "Ideas" as a linguistically motivated philosopher. The paper concludes that, if Follesdal and his (...) followers were correct, certain methodological implications would follow for Husserlian phenomenology that would lead to its demise. (shrink)

Having its seeds in the 2nd International Lauener Symposium held in honour of Dagfinn Follesdal, the present collection contains a rich, kaleidoscopic ensemble of previously unpublished contributions by leading authors, representing diverse approaches to a variety of philosophical themes on which Follesdal has had a longstanding, formative impact. Follesdal himself contributes an orientating essay continuing to develop his pioneering theory of reference as well as in-depth commentaries on each of the other authors elaborated papers plus candid answers in the added (...) interview. The volume assembles a wealth of original articles containing in part direct discussions of Follesdal s work and covering a broad range of topics like subjectivity, intersubjectivity, objectivity, rationality, logics and mathematics, choice theory, values, modalities, intentionality, individuation, perception, communication, meaning, reference, the slingshot, one- and two-sorted semantics, evidence, neuropsychology, space and time, science and society, methodology, fallibilism, the relative a priori, justification, holism, the life-world, reflective equilibrium, empathy, and ethics. Moreover the book includes an incisive memoir of Follesdal the philosopher as well as a spanning interview with him, which are both critically directing toward Follesdal s subtly differentiated understanding of the dynamic philosophical horizon he shares in. With contributions from Dagfinn Follesdal, Charles Parsons, Patrick Suppes, Jon Elster, John Perry, Michael Friedman, Dag Prawitz, Wilhelm K. Essler, David Woodruff Smith, Olav Gjelsvik, Graciela De Pierris, Nils Roll-Hansen, Christian Beyer, Oystein Linnebo, Michael Frauchiger. Excerpt Open publication". (shrink)

This collection of essays is the definitive version of a widely discussed debate over the origins of the New Theory of Reference. In new articles, written especially for this volume, Quentin Smith and Scott Soames, the original participants in the debate, elaborate their positions on who was responsible for the ideas that Saul Kripke presented in his Naming and Necessity. They are joined by John Burgess, who weighs in on the side of Soames, while Smith adds a further dimension in (...) discussing the contributions of philosophers such as Follesdal, Geach, Hintikka, and Plantinga. Also included are lengthy excerpts from Follesdal's 1961 Harvard dissertation and a careful examination by Sten Lindstrom of the respective contributions of Kripke and Stig Kanger to the development of modal semantics. The collection will be essential reading for anyone acquainted with these influential ideas. (shrink)

Husserl and Frege did not criticize psychologism on the ground that it deduced the norms of logic from non-normative premises (naturalistic fallacy), as is often supposed. Rather, their refutation of psychologism assumes that such a deduction is possible. Husserl compared the rules of logic to those of technology, on the supposition that they have a purely theoretical basis. This conception of logic is critically examined, and it is argued (contra Follesdal) that Frege held a similar view.

Darstellung des Noema in 12 Thesen.\nverwendete Textstellen: Ideen 1: S. 203, 22-23; S. 204, 20-21; S. 357, 19-20: Handlungen sind zielgerichtet. Dabei bedarf eines keines physischen Objekts. Husserl setzt and diese Stelle das Noema. Somit wird auch zielgerichtetes Handeln aufgrund einer Halluzination m{ö}glich, Zielgerichtet zu sein bedeutet ein Noema zu haben.\n1. Follesdal´sche These: Noema ist eine intensionale Entit{ä}t, eine Generalisierung des Begriffs Sinn/Bedeutung.\n2. These: Das Noema hat zwei Bestandteile, a) der noematische Sinn, der allen thetischen Handlungen (erinnern, sich vorstellen usw.) (...) gem{ä}{ß} desselben Objekts mit denselben Eigenschaften in derselben Gerichtetheit gemeinsam ist und b) die Gegebenheitsweise (hat auch Sinncharakter), die sich unterscheidet in Handlungen mit verschiedenem thetischen Charakter.\n3. These: Der noematische Sinn ergibt sich aus der Art und Weise, wie Bewu{ß}tsein zum Objekt in Relation steht.\n!! 4. These: Das Noema einer Handlung ist nicht das Objekt dieser Handlung\n5. These: Das Objekt einer Handlung ist eine Funktion des noematischen Sinns, d.h. mit einem bestimmten Noema kann nur ein Objekt korrespondieren.\n6. These: Jedoch k{ö}nnen mit einem bestimmten Objekt verschiedene Noemata korrespondieren. (z.B. kann ein Objekt das Ziel verschiedener thetischer Handlunge sein, etwa erinnern, wahrnehmen, daher:)\n6. These a): Mit einem bestimmten Objekt korrespondieren verschiedene noematische Sinne.\n7. These: Jede Handlung besteht aus nur einem Noema. Sie wird durch dieses Noema charakterisiert. (Umgekehrt trifft dies nicht zu.)\n8. These: Noemata sind abstrakte Entit{ä}ten. (Sinne sind nicht real. Sie sind bezogen auf Handlungen in tempor{ä}ren Intervallen.)\n9. These: Noemata werden nicht durch unsere Sinnesorgane wahrgenommen.\n10. These: Noemata gelangen durch ph{ä}nomenologische Reflektion ins Bewu{ß}tsein.\n11. These: Eine ph{ä}nomenologische Reflektion kann iterativ geschehen (ann{ä}herungsweise; in Schritte gegliedert). Dies ist so, weil schon die Korrespondenz zwischen Sinn und Objekt wieder ein Objekt ergibt. Es folgt ein unendlicher Regress.\nPhysische Objekte sind transzendent in dem Sinne, dass sie unendlich viele Noemata haben. Sinn kann sie nie ersch{ö}pfend erfassen.\nNoemata k{ö}nnen andererseits ein physisches Objekt repr{ä}sentieren in der Form, dass mehr intendiert wird als gesehen wird. So denkt man sich etwa bei einem Stuhl, von dem man nur zwei Beine sieht, die beiden {ü}brigen hinzu.\n12. These: Diese Muster der Vorherbestimmung bilden zusammen mit den Gegebenheitsweisen das Noema (s. These 2). (shrink)