How can liberal democracy best be realized in a world fraught with conflicting new forms of identity politics and intensifying conflicts over culture? This book brings unparalleled clarity to the contemporary debate over this question. Maintaining that cultures are themselves torn by conflicts about their own boundaries, Seyla Benhabib challenges the assumption shared by many theorists and activists that cultures are clearly defined wholes. She argues that much debate--including that of "strong" multiculturalism, which sees cultures as distinct pieces of (...) a mosaic--is dominated by this faulty belief, one with grave consequences for how we think injustices among groups should be redressed and human diversity achieved. Benhabib masterfully presents an alternative approach, developing an understanding of cultures as continually creating, re-creating, and renegotiating the imagined boundaries between "us" and "them." Drawing on contemporary cultural politics from Western Europe, Canada, and the United States, Benhabib develops a double-track model of deliberative democracy that permits maximum cultural contestation within the official public sphere as well as in and through social movements and the institutions of civil society. Agreeing with political liberals that constitutional and legal universalism should be preserved at the level of polity, she nonetheless contends that such a model is necessary to resolve multicultural conflicts. Analyzing in detail the transformation of citizenship practices in European Union countries, Benhabib concludes that flexible citizenship, certain kinds of legal pluralism and models of institutional powersharing are quite compatible with deliberative democracy, as long as they are in accord with egalitarian reciprocity, voluntary self-ascription, and freedom of exit and association. The Claims of Culture offers invaluable insight to all those, whether students or scholars, lawyers or policymakers, who strive to bridge the gap between the theory and practice of cultural politics in the twenty-first century. (shrink)

Displaying an impressive command of complex materials, Seyla Benhabib reconstructs the history of theories from a systematic point of view and examines the origins and transformations of the concept of critique from the works of Hegel to Habermas. Through investigating the model of the philosophy of the subject, she pursues the question of how Hegel´s critiques might be useful for reforumulating the foundations of critical social theory.

In these two important lectures, distinguished political philosopher Seyla Benhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice--norms which are difficult for some to accept as legitimate since they are sometimes in conflict with democratic ideals. In her first lecture, Benhabib argues that this tension can never be fully resolved, but it can be mitigated through the renegotiation (...) of the dual commitments to human rights and sovereign self-determination. Her second lecture develops this idea in detail, with special reference to recent developments in Europe (for example, the banning of Muslim head scarves in France). The EU has seen the replacement of the traditional unitary model of citizenship with a new model that disaggregates the components of traditional citizenship, making it possible to be a citizen of multiple entities at the same time. The volume also contains a substantive introduction by Robert Post, the volume editor, and contributions by Bonnie Honig (Northwestern University), Will Kymlicka (Queens University), and Jeremy Waldron (Columbia School of Law). (shrink)

The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, the (...) distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)

Focusing on contemporary debates in moral and political theory, Situating the Self argues that a non-relative ethics, binding on us in virtue of out humanity, is still a philosophically viable project. This intersting new book should be read by all those concerned with the problems of critical theory, the analysis of modernity, and contemporary ethics, as well as students and professionals in philosophy, sociology and political science.

This volume combines rigorous empirical and theoretical analyses with political engagement to look beyond reductive short-hands that ignore the historical evolution and varieties of Islamic doctrine and that deny the complexities of Muslim societies' encounters with modernity itself. Are Islam and democracy compatible? Can we shed the language of 'Islam vs. the West' for new political imaginaries? The authors analyze struggles over political legitimacy since the Arab Spring and the rise of Al Qaeda and ISIS in their historical and political (...) complexity across the MENA (Middle East and North Africa) region. Distinguishing multiculturalism from interculturalism and understanding multiple modernities, philosophers in the volume tease out the complexities of civilizational encounters. The volume also shows how the Paris massacres or the Danish caricature controversy do not remain confined to Europe but influence struggles and confrontations within Muslim societies. Gender and Islam are addressed from a comparative perspective bringing into conversation not only the experience of different Muslim countries with Islamic law but also by analysing Jewish family law. (shrink)

In my book, The Rights of Others, I developed a discourse-theoretic approach to questions of political membership in liberal democracies, which include practices of citizenship, as well as of immigration, refuge and asylum. This article revisits five issues in response to various criticisms. How can we justify democratic exclusions? Is there a `right to membership' and how can it be reconciled with the different practices of various constitutional democracies? Is there a distinction between normatively acceptable and normatively problematic restrictions on (...) political membership? Does the concept of `democratic iterations' describe normative or empirical processes? How plausible is the binarism of the national and the global? I argue that democratic exclusions can be justified by not discriminating against would-be citizens and immigrants on the basis of ascriptive criteria. Ascriptive characteristics, like one's sex and skin colour, are not the product of one's voluntary doings. Democratic iterations are empirical processes which can be judged in the light of normative criteria deriving from discourse theory. Furthermore, while the binarism of national and global is problematical, alternative configurations of political membership at the present are not more defensible. (shrink)

An examination of the intertwined lives and writings of a group of prominent twentieth-century Jewish thinkers who experienced exile and migration Exile, Statelessness, and Migration explores the intertwined lives, careers, and writings of a group of prominent Jewish intellectuals during the mid-twentieth century—in particular, Theodor Adorno, Hannah Arendt, Walter Benjamin, Isaiah Berlin, Albert Hirschman, and Judith Shklar, as well as Hans Kelsen, Emmanuel Levinas, Gershom Scholem, and Leo Strauss. Informed by their Jewish identity and experiences of being outsiders, these thinkers (...) produced one of the most brilliant and effervescent intellectual movements of modernity. Political philosopher Seyla Benhabib’s starting point is that these thinkers faced migration, statelessness, and exile because of their Jewish origins, even if they did not take positions on specifically Jewish issues personally. The sense of belonging and not belonging, of being “eternally half-other,” led them to confront essential questions: What does it mean for the individual to be an equal citizen and to wish to retain one’s ethnic, cultural, and religious differences, or perhaps even to rid oneself of these differences altogether in modernity? Benhabib isolates four themes in their works: dilemmas of belonging and difference; exile, political voice, and loyalty; legality and legitimacy; and pluralism and the problem of judgment. Surveying the work of influential intellectuals, Exile, Statelessness, and Migration recovers the valuable plurality of their Jewish voices and develops their universal insights in the face of the crises of this new century. (shrink)

The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...) to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens’ rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end. (shrink)

O HUMANISMO NA HERMENÊUTICA FILOSÓFICA: PARA ALÉM DO SÓCIOPOLÍTICO- ECONÔMICO.

Benhabib examines one set of cosmopolitan norms determining a German Constitutional Court Case which denied long-term resident aliens voting privileges in local and district-wide elections, illuminating the “paradox of democratic legitimacy.”.

The Philosophical Discourse of Modernity is a tour de force that has the immediacy and accessibility of the lecture form and the excitement of an encounter across, national cultural boundaries. Habermas takes up the challenge posed by the radical critique of reason in contemporary French poststructuralism.Tracing the odyssey of the philosophical discourse of modernity, Habermas's strategy is to return to those historical "crossroads" at which Hegel and the Young Hegelians, Nietzsche and Heidegger made the fateful decisions that led to this (...) outcome. His aim is to identify and clearly mark out a road indicated but not taken: the determinate negation of subject-centered reason through the concept of communicative rationality. As The Theory of Communicative Action served to place this concept within the history of social theory, these lectures locate it within the history of philosophy. Habermas examines the odyssey of the philosophical discourse of modernity from Hegel through the present and tests his own ideas about the appropriate form of a postmodern discourse through dialogs with a broad range of past and present critics and theorists.The lectures on Georges Bataille, Michel Foucault, Jacques Derrida, and Cornelius Castoriadis are of particular note since they are the first fruits of the recent cross-fertilization between French and German thought. Habermas's dialogue with Foucault - begun in person as the first of these lectures were delivered in Paris in 1983 culminates here in two appreciative yet intensely argumentative lectures. His discussion of the literary-theoretical reception of Derrida in America - launched at Cornell in 1984 - issues here in a long excursus on the genre distinction between philosophy and literature. The lectures were reworked for the final time in seminars at Boston College and first published in Germany in the fall of 1985.Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. The Philosophical Discourse of Modernity is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

This unique volume presents a debate between four of the top feminist theorists in the US today, discussing the key questions facing contemporary feminist theory, responding to each other, and distinguishing their views from others.

This volume brings together a group of distinguished thinkers who rearticulate and reconsider the foundations of democratic theory and practice in the light of the politics of identity/difference.

The Reluctant Modernism of Hannah Arendt rereads Arendt's political philosophy in light of newly gained insights into the historico-cultural background of her work.

La expansión de los derechos humanos, así como su defensa e institucionalización, se ha convertido en el lenguaje indiscutible, aunque no la realidad, de la política global. Este texto plantea la cuestión del universalismo en los sentidos cultural, metafísico, moral y legal en referencia al debate contemporáneo sobre los derechos humanos. Defiendo que existe un derecho moral fundamental, el «derecho a tener derechos» de todo ser humano a ser reconocido por otros, y a su vez reconocer a otros, como una (...) persona con derecho a respeto moral y a derechos legalmente protegidos dentro de una comunidad humana. Los derechos humanos articulan los principios morales que protegen la libertad comunicativa de los individuos. Estos principios morales son distintos de la positivización legal y de la especificación de estos derechos; existe sin embargo una conexión necesaria y no meramente contingente entre los derechos humanos en tanto que principios morales y su forma legal. La unidad y diversidad de los derechos humanos sólo se puede defender desde la base de un compromiso con formas democráticas de gobierno así como con una sociedad civil y una esfera pública libres. «Otro universalismo» sugiere que los procesos de aprendizaje y las conversaciones, así como los enfrentamientos sobre el alcance y la justificación de los derechos humanos, no son discusiones globales. (shrink)

Fred Dallmayr is Packey Dee Professor of Government at the University of Notre Dame.Contributors: Robert Alexy. Karl-Otto Apel. Seyla Benhabib. Dietrich Bohler. Jurgen Habermas. Otfried Hoffe. KarlHeinz Ilting. Hermann Lubbe.

Increasingly in today’s world we are experiencing intensifying antagonisms around religious and ethno-cultural differences. The confrontation between political Islam and the so-called ‘West’ has replaced the rhetoric of the Cold War against communism. This new constellation has not only challenged the hypothesis that ‘secularization’ inevitably accompanied modernity but has also placed on the agenda political theology as a potent force in many societies. This article analyzes the contemporary revival of political theology by focusing on the headscarf debate in comparative constitutional (...) perspective. It compares the well-known decision of the French Parliament banning the wearing of the headscarf in public schools (2004) with the decision of the German Constitutional Court concerning whether Fereshta Ludin, an Afghani-German teacher wearing the hijab, could teach in German schools (2003) and with the more recent judgment of the Turkish Constitutional Court (summer 2008) upholding the ban on the wearing of the scarf or the turban in institutions of higher learning. At stake in these debates is not only the meaning of fundamental human rights but also why women and their bodies become the object of disciplinary conflicts in culture, law and religion. (shrink)

The aim of The Claims of Culture is to reconcile the many discontents of late modern culture with a continuing commitment to liberal democracy. It does so in face of the separation of the value-spheres of ethics and aesthetics, theology and law, brought about by nature and cognitive rationalism. This led Max Weber to warn that a consequent search for the old gods, allied to the longing for their transcendent power, would lead to a retreat from democracy in the form (...) of a charismatic politics of leadership. Following Max Weber, I emphasize the intrinsic fluidity and heterogeneity of cultural narratives. Responding to the comments of María Herrera Lima, James Bohman and Eduardo Mendieta, this article addresses the common theme of cosmopolitanism and global citizenship. (shrink)

The Eichmann trial, much like the Nuremberg trials before it, captured some of the perplexities of the emerging norms of cosmopolitan justice. This chapter discusses that since the United Nations Declaration of Human Rights in 1948, one has entered a phase in the evolution of global civil society which is characterized by a transition from international norms to cosmopolitan norms of justice. Norms of international justice most commonly arise through treaty obligations and bilateral or multilateral agreements among states and their (...) representatives. They regulate relations among states and other principals that are authorized to act as the agents of states in multiple domains, ranging from trade and commerce to war and security, the environment, and the media. Cosmopolitan norms of justice, whatever the conditions of their legal origination, accrue to individuals as moral and legal persons in a worldwide civil society. (shrink)

Carl Schmitt's critique of liberalism has gained increasing influence in the last few decades. This article focuses on Schmitt's analysis of international law in The Nomos of the Earth, in order to uncover the reasons for his appeal as a critic not only of liberalism but of American hegemonic aspirations as well. Schmitt saw the international legal order that developed after World War I, and particularly the "criminalization of aggressive war," as a smokescreen to hide U.S. aspirations to world dominance. (...) By focusing on Schmitt's critique of Kant's concept of the "unjust enemy," the article shows the limits of Schmitt's views and concludes that Schmitt, as well as left critics of U.S. hegemony, misconstrue the relation between international law and democratic sovereignty as a model of top-down domination. As conflictual as the relationship between international norms and democratic sovereignty can be at times, this needs to be interpreted as one of mediation and not domination. (shrink)

This outstanding collection of essays explores Hannah Arendt's thought against the background of recent world-political events unfolding since September 11, 2001, and engages in a contentious dialogue with one of the greatest political thinkers of the past century, with the conviction that she remains one of our contemporaries. Themes such as moral and political equality, action and natality, and judgment and freedom are reevaluated with fresh insights by a group of thinkers who are themselves well known for their original contributions (...) to political thought. Other essays focus on novel and little-discussed themes in the literature by highlighting Arendt's views of sovereignty, international law and genocide, nuclear weapons and revolutions, imperialism and Eurocentrism, and her contrasting images of Europe and America. Each essay displays not only superb Arendt scholarship but also stylistic flair and analytical tenacity. (shrink)

The article presents information related to Hannah Arendt, who has become one of the most illuminating and certainly one of the most controversial political thinkers of the twentieth century. A tension and a dilemma are at the center of Hannah Arendt's political thought, indicating two formative forces of her spiritual-political identity. Arendt's thinking is decidedly modernist and politically universalist, when she reflects on the political realities of the twentieth century and on the fate of the Jewish people. Hannah Arendt did (...) not engage in methodological reflections and searched for the elements of totalitarianism. (shrink)

Titile: On Instincts Publisher: Van Gorcum Ltd ISBN: 9023217055 Author: Agnes Heller Titile: A Theory of Feelings Publisher: Lexington Books ISBN: 0739129678 Author: Agnes Heller.