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127 result(s) for "Nardin, Terry"
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Lectures in the history of political thought
Oakeshott's memorable lectures on the history of political thought, delivered each year at the London School of Economics, will now be available in print for the first time as Volume II of his Selected Writings. Based on manuscripts in the LSE archive for 1966-67, the last year of Oakeshott's tenure as Professor of Political Science, these thirty lectures deal with Greek, Roman, mediaeval, and modern European political thought in a uniquely accessible manner. Scholars familiar with Oakeshott's work will recognize his own ideas subtly blended with an exposition carefully crafted for an undergraduate audience; those discovering Oakeshott for the first time will find an account of the subject that remains illuminating and provocative.
Justice and authority in the global order
The global justice debate has largely ignored law. But that debate presupposes a legal order within which principles of justice could be implemented. Paying attention to law alters our understanding of global justice by requiring us to distinguish principles that are properly prescribed and enforced within a legal order from those that are not. Given that theories of global governance depreciate law and that cosmopolitan and confederal theories are utopian, the most promising context for a realistic global justice discourse is one that is focused on strengthening, not transcending, the international legal order.
Theorising the international rule of law
Recent trends in international law scholarship recycle objections to international law advanced by an earlier generation of political and legal realists. Such objections fail to understand the place of international law in the global order. To understand that place, we must distinguish the idea of the rule of law from other understandings of law. That idea is an inherently moral one. Theories of international law that ignore the moral element in law cannot distinguish law as a constraint on power from law as an instrument of power. A Kantian theory of international law can help to recover that moral element.
Humanitarian Imperialism
Fernando Tesón offers two “humanitarian rationales” for the war in Iraq. The first, which he calls the “narrow” rationale, is that the war was fought to overthrow a tyrant. The second, “grand,” rationale is that it was fought as part of a strategy for defending the United States by establishing democratic regimes in the Middle East and throughout the world–peacefully, if possible, but by force if necessary. Both rationales strain the traditional understanding of humanitarian intervention.
Humanitarian Intervention
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.
Middle-Ground Ethics: Can One Be Politically Realistic Without Being a Political Realist?
Thinking about international affairs has oscillated between idealism and realism throughout the modern period. Moralists continue to search for a way to combine what is reasonable in each in an ethically defensible middle between those extremes. Such efforts often yield a soft version of political realism: an ethics of compromise between moral ideals and real-world interests. But this resolution fails to escape an awkward dichotomy between “morality” and “reality,” as if moral considerations were not real and interests never illusory. It also rests on a simplistic conception of politics. Politics is distinguished from other activities in being concerned with obligations prescribed and enforced within a legal order, and those who make political decisions cannot ignore these obligations. Political decision-making must therefore take account of law, which is distinct from both morality and interest. Law may have its ultimate justification in moral principle, but it provides reasons for acting that are distinct from moral reasons. This is true of law at any level, including international law. Law also has material as well as normative force as part of the world in which decisions are made. A more nuanced middle-ground ethics, then, would take account of law as making demands of its own. If we bring law into the picture, we discover limits to action that are grounded on neither morality nor interest.
International political theory and the question of justice
The aim of the international justice theorist is to find coherence among ideas about justice at the international or global level. Linking justice to coercion and law can bridge the gap between just war theory and theories of international distributive justice. The idea of humanitarian intervention illustrates how the argument might go. Underlying that idea is the idea of a duty to protect. That duty is often thought to be an imperfect and therefore unenforceable duty based on a principle of beneficence. But we can also think of it as a perfect, enforceable duty to resist the violent, where that duty rests directly on the principle of respect, unmediated by beneficence. Respect also implies action to prevent non-violent harms. To do nothing while people are dying of starvation or disease is to fail to respect them as human beings by making their wellbeing a matter of indifference. We can therefore justly be compelled to prevent such harms by being taxed to support efforts to prevent them. A theory of justice that made the duty to protect central would ground the theory of international distributive justice in the justice-coercion link that underlies just war theory.
The Moral Basis of Humanitarian Intervention
This article discusses the moral principles underlying the idea of humanitarian intervention. The analysis is in two parts, one historical and the other philosophical. First, the article examines arguments made in late medieval and early modern Europe for using armed force to punish the violation of natural law and to defend communities from tyranny and oppression, regardless of where they occur. It seeks to understand how moralists writing before the emergence of modern international law conceived what we now call humanitarian intervention. In the context of international law, humanitarian intervention is usually understood to be an exception to the nonintervention principle. However, the natural law tradition regards international law as less important than the moral imperative to punish wrongs and protect the innocent. Second, the article considers how humanitarian intervention is justified within the reformulation of the natural law tradition displayed in recent efforts to theorize morality along Kantian lines. In this reformulation, humanitarian intervention is a product of the duty of beneficence and, more specifically, of the right to use force to protect the innocent. The article draws upon the biblical injunction “Thou shalt not stand idly by the blood of thy neighbor,” which has become a centerpiece of the modern reformulation, and briefly explores its application to humanitarian intervention in the context of international relations today. This reformulation of natural law explains why, despite modern efforts to make it illegal, humanitarian intervention remains, in principle, morally defensible.