The liberal international legal order faces a legitimacy crisis today that becomes visible with the recent anti-internationalist turn, the rise of populism and the recent Russian invasion of Ukraine. Either its authority or legitimacy has been tested many times over the last three decades. The article argues that this anti-internationalist trend may be read as a reaction against the neoliberal form taken by international law, not least over the last three decades. In uncovering the intricacies of international law’s legitimacy crisis, (...) the article uncovers the paradox of global constitutionalism: that its need to adopt a sectoral form of integration may cause a legitimacy gap/deficit because international authorities, resting their legitimacy primarily on instrumental grounds, may face problems in compensating for the legitimacy deficit caused by the erosion of domestic sovereignty and extending their legitimacy to non-instrumental grounds. This paradox has one necessary structural and two contingent content-related implications for domestic democracies: (1) it necessarily narrows down the regulatory space of nation-states; and this may in turn (2) impair democratic stability and solidarity, and (3) provide a fertile ground for populism. Drawing on Raz’s service conception, the article focuses on the interaction between international and domestic authorities and highlights the problematic aspects of the neoliberal constitutionalization of international law. (shrink)

The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the IIPR lives up to its (...) promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR’s legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges. -/- . (shrink)

The question of how to legitimize authority is generally addressed with reference to Raz’s service conception of authority. Yet, his functional explanation does not concern itself with how authoritative institutions are empowered at the outset. Even though Raz’s monistic account of authority is coupled with input legitimacy and pluralized with Waldron’s analysis of the inter-institutional allocation of authority, it does not assist us in inter-legal situations. As inter-legality is a theory oriented towards finding legitimate ways of legal intersection, this article (...) aims at showing how authorities between different legal orders may engage in a legitimate relationship. In doing so, it benefits from Roughan’s pluralistic and relational account of authority coupled with a conjunctive justification thesis. (shrink)

The transformation of international law has provoked a burgeoning literature on various conceptual and normative questions, such as the nature and legitimacy of international authorities. Constitutional and international scholars have so far been attracted to domestic normative theories such as constitutionalism, democratic legitimacy, and the rule of law. This attraction often comes at the expense of a more fundamental and prior question: How best to carry out this normative investigation and which normative theory to put into use in assessing the (...) moral value of international authorities? This “meta-theoretical question” invites us to investigate the methodology of transnational constitutional theorizing by prompting discussions on which normative theory is more suitable for application at the international level. This review article brings into dialogue two recently published books (Sadurski’s Constitutional Public Reason and Mac Amhlaigh’s New Constitutional Horizons) that partially address this meta-theoretical question by prompting us to reflect on how best to conduct transnational constitutional theorizing. (shrink)

The rise of populism and its consequences – such as democratic backsliding, the erosion of constitutional principles, and the weakening of the rule of law – are among the most pressing issues facing comparative constitutional scholars today. To address these emerging challenges, the Unconstitutional Constitutional Amendment Doctrine (UCAD) has emerged as the most promising remedy for the “third counterwave of democracy”. However, a fundamental problem with UCAD is how to apply it effectively without undermining constitutional democracy, as it is often (...) criticised and deemed illegitimate from the perspective of democratic principles. (shrink)

This study examines a proposed model whereby ethical leadership positively influences the level of meaning followers experience in their work, which in turn positively impacts followers’ levels of work engagement and organizational identification, as well as reduces their levels of workplace envy. We further hypothesized that cognitive reappraisal strategies for emotional regulation would moderate the ethical leadership–meaningful work relationship. The model was tested in a stratified random field sample of 440 employees and their direct supervisors in the aviation industry in (...) Turkey. Results based on data collected at two points in time showed that ethical leadership has a significant and positive direct effect on engagement and organizational identification, as well as indirect effects on those two outcomes through meaningfulness. Finally, results show that ethical leadership has a significant negative direct effect on workplace envy. Further, results showed that cognitive reappraisal emotion regulation strategy positively moderates, i.e., strengthens, the relationship between ethical leadership and meaningful work. (shrink)

A rational defense of the criminal law must provide a comprehensive theory of culpability. A comprehensive theory of culpability must resolve several difficult issues; in this article I will focus on only one. The general problem arises from the lack of a systematic account of relative culpability. An account of relative culpability would identify and defend a set of considerations to assess whether, why, under what circumstances, and to what extent persons who perform a criminal act with a given culpable (...) state are more or less blameworthy than persons who perform that act with a different culpable state. (shrink)

Cet ouvrage n'est autre qu'une étude a-méthodique sur l'essence phénoménologique humaine appuyée sur la philosophie de Michel Henry. Elle gravite autour de la notion de douleur basée sur la passivité précoce de l'être par rapport à lui-même et dans le cadre révélateur de l'affectivité. En d'autres termes, la révélation de l'être tel qu'il est dépeint dans sa passion. Une nouvelle conception de la corporéité, du temps et du langage vient de la tonalité affective de base de la douleur. Comprendre ces (...) thèmes en les reliant à l'être masculin est crucial pour ne pas le scinder en champs ou dimensions inconciliables qui ne le laisseraient pas comprendre dans ce qu'il fait, dit ou vit, c'est-à-dire sur ce que l'être est vécu -- Contracubierta. (shrink)

History of philosophical thought of Vietnam up to XX century.

The aim of this paper is to give a characterisation of religion and the Religious Spirit, basing itself on the Platonic assumption that there are Forms, salient jewels of simplicity and affinity, to be dug out from the soil of vague experience and cut clear from the confusedly shifting patterns of usage, which will give us conceptual mastery over the changeable detail in a given sector. It will further be Platonic in that it will not seek to discount the deep (...) gulfs between the species into which religion qua genus divides itself, i.e. its theistic, polytheistic and atheistic subvarieties, taking it to be of the essence of a true genus to extend itself over mutually exclusive species, only being what it is by including in its sense the alternatives which are thus mutually exclusive. And my treatment will be Platonic, thirdly, in that it will endeavour to delimit the Religious Spirit by, on the one hand, setting it over against what it excludes, all purely this-world talk and life which is quite irreligious, and by, on the other hand, opposing it to forms of talk and life which fall short of it in various ways or which deviate from it variously, thereby likewise contributing to our understanding of what it is. The practice of Plato, which could study the deviations from his ideal city in order to confirm his notion of its structure and excellence, and which also paired every ideal pattern with its opposite— piety with impiety, justice with self-interested tyranny, etc.—is plainly one to be followed: Plato, as we know from a citation from his contemporary Hermodorus in one of the Aristotelian commentators, always set beside the ‘in itself’ of the pure Form the deviant and the wholly negative which were nonetheless part of its sense. Religion will therefore stand before us as a target that it is possible to fall short of or miss altogether as well as to hit squarely, and we shall try by a series of glancing darts to end by hitting it squarely. (shrink)

Historical study of Islam and science including hadith, theology and Islamic philosophy etc.

Study of the religious and philosophical views of Sir Muḥammad Iqbal, 1877-1938.