10. The Universal Concept of Human Rights as a Regulative Principle: Freedom Versus Paternalism

This essay examines the current debates regarding the politics of human rights. The universal concept of human rights is considered as a regulative principle for the possible critique of any state, including a democratic one. Moreover, the philosophical justification of the universal regulative principle for evaluating these states is vital for progressive political change and for the politics of human rights. At the heart of the analysis is Kant's concept of human rights as freedom. It is opposed to a more utilitarian interpretation of rights and political paternalism. Kant's philosophy helps us to better understand the meaning of the definition of human rights as inherent, sacred, and inalienable, as formulated by Thomas Jefferson in the Declaration of Independence. Kant makes these meanings explicit, and he elaborates on the moral-philosophical explanations of humanitarian rights. His philosophy of law was developed in a process of a systematic criticism of political paternalism (which is the flip side of dependence). Kant developed his definition of individual freedom in opposition to authoritarian paternalism, utilitarian arbitrariness, and the "despotism of paternalistic benevolence." The categorical imperative is threefold: the imperatives of morality, right, and peace. Thus it could be interpreted as "the categorical imperative of peace." The analysis shows the ongoing relevance of Kant's ideas and their recent development by the theorists of "discourse ethics" and of "cosmopolitan democracy." It affirms that the solution to the problems of securing peace and protecting human rights can only be achieved by peaceful means, based on the international rule of law.     

2 Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason

A bstract .   This paper deals with the foundational "architectonics" (Kantian) at the ground of the internal relation between the three concepts raised in the title. First, I provide a short introduction into the ultimate foundation of practical philosophy by the transcendental-pragmatic conception of discourse ethics . Then, I discuss the foundational relation between discourse ethics , positive law , and democracy as a constitutional state of law . Finally, I explore the foundational relation between human rights as part of universal law, the democratic state of law, and international law or jus gentium . By taking issue with Kant, Habermas, and Rawls, I try to show that a rational foundation of ethics, as well as a rational approach to the traditional problems of international law, is only possible through a critical transformation of Kant's approach via a transcendental-pragmatic conception of discourse ethics.     

2. The Democratic Peace Myth: From Hiroshima to Baghdad

This paper examines the ideal of the democratic peace and the recent misuse of this ideal in the war on terrorism. It argues against the idea that aggressive military force can be employed to bring about the ideal of the democratic peace. By looking at John Stuart Mill's utilitarian justification of benevolent despotism for "barbarians," it examines how idealism can lead to a defense of aggressive intervention. And it considers how idealistic zeal can lead to violations of just war principles, as in the case of Hiroshima. It concludes by arguing that Kant's deontological approach is better. Kant provides us with a reason to hope that as democracy spreads, peace will spread as well. But Kant also prohibits us from using force to actualize this ideal.     

6 Does Kant Have Anything to Teach Us about Environmental Ethics?

A bstract .   Immanuel Kant's thought typically is represented as hostile to environmental concerns, but his aesthetics offers significant resources for environmental ethics. His account of the disinterestedness of taste raises the possibility of a manner of motivating a noninstrumental and responsive—rather than self-interested and consumerist—attitude toward nature. The aesthetic consciousness thus can help situate us within rather than pit us against the natural world. Kant's thinking about the beautiful and the sublime point to an ambiguous conception of subjectivity, a picture of the subject who experiences itself both as immersed within a meaningful world and as raised above a world to which it is morally superior. Such a conception may orient investigations in environmental philosophy by providing a more realistic view of the relationship between human beings and nature than do either dualistic or monistic theories.     

4 Human Rights, Global Justice, and Disaggregated States: John Rawls, Onora O'Neill, and Anne-Marie Slaughter

A bstract .   Human rights are urgently important rights that all individual persons may validly claim and that all governments are obligated to respect. According to some philosophers, no government can plausibly claim legitimate authority unless its legal and political system ascribes such rights, and no society can plausibly claim to be just unless it has a legitimate government. John Rawls presents his own version of this conception in the context of his account of the moral basis of a just global system of public law, which he calls the Law of Peoples. According to some of his critics, including Onora O'Neill, not only is the Law of Peoples statist, but also it relies on a false view of the state. O'Neill has developed a new conception of an ideally just global order in which states have fewer, and corporations more, powers and obligations to secure human rights, in contrast to Rawls's conception. Her conception is consistent with Anne-Marie Slaughter's account of the transformation of state sovereignty due to globalization. However, contrary to initial appearances, it is not the case that O'Neill's and Slaughter's views taken together require significant modification of Rawls's conception of human rights. There is no fundamental conflict between Rawls's conception of human rights and Slaughter's account of state transformation. And O'Neill's criticisms of Rawls's view are unwarranted.     

7 A Cultural Critique of Cultural Relativism

A bstract .   This chapter explores a certain line of critical analysis according to which one can proceed to undermine the claim that judgments approving freedom, and standards upholding human rights, are culturally relativistic and cannot possibly have any universal validity. This exploration begins with a scrutiny of common assumptions about the nature of culture itself. The author tries to demonstrate that common misunderstandings of culture have provided ammunition to cultural relativists. Seeking clarity helps strengthen the philosophical objections to normative cultural relativism. The author refers to such a line of analysis as the "cultural critique of cultural relativism."     

11. Toward Lasting Peace: Kant on Law, Public Reason, and Culture

Kant helps us understand the conditions for peace by reminding us that lasting peace requires both cosmopolitan legal reform and individual moral improvement, including resistance to egoism and the cultivation of cosmopolitan attitudes. The duty to pursue peace includes the duty to promote the rule of domestic and international law and work against its unilateral subversion. The juridical cosmopolitanism of a worldwide league of free peoples enables resistance to the dangers posed by authoritarian regimes and their dangerous willingness to manipulate their subjects and ignore international law. Constraining egoism enables people to overcome the tyranny of their desires and cultivates a sense of affiliation with the larger community of humanity in general, providing the moral foundation needed to support a cosmopolitan legal order. Moral development to a great extent is fostered through the arts and humanities, and a robust cultural life therefore ought to play a central role in the pursuit of global peace.     

Confucianism,Moral Equality,and Human Rights: A Mencian Perspective

This paper attempts to show the compatibility between Confucianism and human rights, first by revisiting the moral philosophy of Mencius, a key founder of the Confucian tradition, then by reconstructing the Mencian‐Confucian idea of human rights from the perspective of his moral philosophy. One of my central claims is that not only did Mencius acknowledge core human rights—socioeconomic as well as civil‐political—justified by his foundational faith in universal moral equality and human dignity, but he further understood the right to subsistence as an essential part of Confucian‐constitutional rights. Contrary to the widely received notion that in Mencian‐Confucianism the right to subsistence has an overriding value vis‐a‐vis civil‐political rights, I argue that Mencius (and Confucians in general for that matter) never stipulated such a lexical ranking among rights. I conclude by discussing how the type of Confucian moral reasoning that Mencius employs in justifying the moral value of human rights can be re‐appropriated to produce Confucian rights suitable for today. … … … … … …     

9. Human Rights: Historical Learning in the Shadow of Violence

This paper emphasizes the historical dimension of human rights understood as a social ethic. Rather than timeless principles, human rights and the universality proper to them emerge in a process of suffering, conflict, political assertion, and institutional change. We can understand them as historical yet also universal by seeing that human rights arise in processes of social learning that take place in an increasingly globalized world. Such learning often has advanced in the face of dramatic violence, for example, the bombing of Hiroshima. But the demands on a global social ethic today are not only a matter of responding to threats and acts of dramatic violence in isolation. Attention to the example of Hiroshima suggests that the problem of violence is bound up with other questions about the regulation of emerging technical powers in a context of inequality and social conflict. To what extent can an ethic centered on human rights provide an ethics that can inform effective responses to these problems? To consider the promise of human rights, we look more closely at the kind of social learning they involve and explore in particular the role of social movements in forging new identities and reciprocities along with normative claims proper to a global public sphere (the anti‐apartheid movement provides an example). We go on to see that these political experiences can inform interpretations of historical experience that can inform a widened sense of historical possibilities, both those missed in the past and those that confront us today. While this argument may thicken our sense of the promise of a human rights ethic, it remains speculative, not least because of the limited effectiveness of these norms in practice today. We close with the suggestion that nonetheless a coherent ethical response is possible, one that in the wealthy parts of the globe might take the form of an ethic of democratic responsibility. This would both represent a distinctive kind of learning and perhaps contribute to a wider advance of human rights.     

The Political Implications of State Political Ideology: A Measure Tested

A bstract Four different state political ideology measures are estimated and evaluated on the basis of their reliability and consisteny. The state political ideology measure accounting for constituency economic interest, legislator shirking , and political party loyalty is found to be the one with the most predictive power. Using this preferred ideology measure states were classified according to their political ideology along a conservative-liberal continuum. The state rankings showed there are distinct regional differences in ideology. The Northeast and Pacific regions are very liberal, the South and Mountain regions are very conservative, and the Midwest region is relatively moderate. States in the Mountain region are found to be the most ideologically homogeneous, while the more heavily populated states tend to be more liberal. In addition, the United States citizens are found to have a moderately conservative political philosophy . Finally, the results suggest that a Democratic candidate would need to win Illinois, California, and Ohio plus all the liberal states to become President of the United States. The 1996 presidential note sustains the analysis herein.     

Authority and Commitment: Why Universities, Like Legislatures, Are Not Organized as Firms

This paper explores the functions and limitations of democratic governance by analyzing the allocation of decision-making authority in colleges and universities. Contrary to the conventional perception that large numbers and heterogeneity of voters and issues undermine the efficiency of democratic decision making, data on the allocation of authority for thirty-one decision areas in 826 US colleges and universities show democratic governance to be more prevalent in larger, "full-service" research universities than in smaller liberal arts colleges and special-curriculum institutions. State- and church-affiliated institutions, meanwhile, tend to be governed more like firms. The results overall are consistent with economic theories of political organization that view democratic governance primarily as a means of enhancing the credibility of commitments rather than as a method of aggregating preferences.

"Educational systems, like governments, apparently can never be rational,never a logical and economical means to a definite end.Rather must they be always makeshifts."

— J.P. Munroe (1899)     

11 A Rediscovery of Heaven-and-Human Oneness

A bstract .   The history of Chinese intellectual thought shows a constant and continuous probing into the chiasmatic encounters between tian (heaven or nature) and ren (humankind). This is conducive, in turn, to a core conception of tian ren heyi (heaven-and-human oneness) that largely embodies the general ethos or Geist of Chinese philosophy. Owing to its functional indication and dynamic character, the polysemy of the conception is apt to be extended along with the passage of time and according to the current situation or sociocultural context. At the present day, there is a tendency to rediscover the relevance of "heaven-and-human oneness" by reading new and even modern messages into the old conception. This has become an open-ended activity, inviting and involving a second reflection, transcultural exposition, and even creative transformation due to its hidden universality for the common good. This chapter attempts to look into the essential bearings of this "heaven-and-human oneness" concept employed as a Dao ( Tao or Way) to deal with the interaction between nature and humanity. It also explores the complex history of the concept, with a particular reference to Li Zehou's recent reinterpretation as well as my own personal understanding. Some contemporary pragmatic implications of the concept are also examined with particular reference to eco-environmental concerns.     

Hermeneutics and the Heidegger = Schumpeter Theses

This paper is a part of an attempt to develop an economic philosophy of ontology based on the Continental tradition of hermeneutics. Ontology explores the meanings of entities as the objects of knowledge to posit the orientation of knowledge. Heidegger developed hermeneutical ontology, focusing on the self-understanding of Dasein (human beings), which consists of the "projection" of its possibilities into the future and the "thrownness" of it into the restrictions by the past history. Dealing explicitly with the pre-structure of knowledge, hermeneutics opens the perspective of knowledge much broader than permitted by the analytical tradition of philosophy. It is the contention of this paper that Schumpeter from the Austrian subjectivist circle could cope with this approach in social science by the use of the concepts of "innovation and tradition" or "creation and routine." The paper discusses the relationship between Heidegger and Schumpeter on various philosophical issues and derives what might be called the Heidegger = Schumpeter theses.     

1. Globalization and Violence: The Challenge to Ethics

Despite its many benefits, globalization has proven to harbor a good deal of violence. This is not only a matter of the proliferation of weapons of mass destruction inaugurated by the atomic bombing of Hiroshima, but includes many forms of indirect or “structural violence” resulting from the routine of economic and political institutions on the global scale. In this essay, the multifaceted phenomena of violence are approached from the standpoint of ethics. The prevailing political thinking associated with “realism” fails to address the problems of militarism and of hegemonic unilateralism. In contrast, many philosophers are critically rethinking the problem of global violence from different ethical perspectives. Despite sharing similar concerns, philosophers nevertheless differ over the role of philosophical reflection and the potentials of reason. These differences appear in two contrasting approaches associated with postmodern philosophy and discourse ethics. In the analysis of discourse ethics, attention is paid to Karl‐Otto Apel's attempt of philosophically grounding a macroethics of planetary co‐responsibility. At the heart of the essay is the analysis of the problem of violence, including terrorism, by Jürgen Habermas, who explains the phenomenon of violence in terms of the theory of communicative action as the breakdown of communication. Jacques Derrida's deconstruction of the notion of “terrorism” also is analyzed. According to the principle of discourse ethics, all conflicts between human beings ought to be settled in a way free of violence, through discourses and negotiations. These philosophers conclude that the reliance on force does not solve social and global problems, including those that are the source of violence. The only viable alternative is the “dialogical” multilateral relations of peaceful coexistence and cooperation among the nations for solving social and global problems. They emphasize the necessity of strengthening the international rule of law and institutions, such as a reformed United Nations.     

What Public Choice and Philosophy Should Not Learn from One Another

ABSTRACT . Lomasky offers accounts of public choice and of political philosophy, in which these disciplines have complementary theories of motivation, and suggests that each discipline can learn something from the other. This note argues that these two theories of motivation share a common weakness: an a priori, non‐empirical mode of analysis. Political philosophy models human beings as rational moral agents; public choice theory treats individuals as rationally self‐ interested. Neither theory is concerned with the psychology of actual human motivation. This common feature facilitates the transfer of ideas between the two disciplines, but it limits the usefulness of both. There is more to political motivation than can be captured by theories of reason.     

Debate on Margaret Kohn's The Death and Life of the Urban Commonwealth

This interventions forum presents a debate on Margaret Kohn's The Death and Life of the Urban Commonwealth. Four contributors from different disciplinary backgrounds discuss and critique Kohn's book, which offers an exploration of the political in an age of modern urbanism. Building on theories of solidarism and social rights, Kohn puts forth a set of new arguments about how the city might be a more governable commonwealth. Her book lays bare some of the great contradictions inherent in questions of the distribution of wealth and space in the metropolis. It builds on classical and current political theory and philosophy, theories of justice, and debates on gentrification and social mobility. The reviewers appreciate the great contribution the book is making to current debates in urban politics, geography and law, but they also point to significant areas for further debate along various lines as laid out by the author. Kohn concludes the debate with a response to the critical interventions.     

Does Libertè = Egalité? A Survey of the Empirical Links between Democracy and Inequality with Some Evidence on the Transition Economies

Abstract.  The effect of the distribution of political rights on income inequality has been studied both theoretically and empirically. This paper reviews the existing literature and, in particular, the available empirical evidence. Our reading of the literature suggests that formal exclusion from the political process through restrictions on the voting franchise appears to have caused a high degree of economic inequality, and democratization in the form of franchise expansion especially for women, has more often than not led to an expansion in redistribution, at least in the small sample of episodes studied. In a less pronounced way, albeit more emphatically compared to the ambiguous results of the earlier research, the recent evidence indicates an inverse relationship between other measures of democracy, based on civil liberties and political rights, and inequality. The transition experience of the East European countries, however, seems to some extent to go against these conclusions. This, in turn, opens possible new vistas for research, namely the need to incorporate the length of democratic experience and the role played by ideology and social values.     

6. No More Hiroshimas and Sharp Weapons

When it comes to rethinking the Hiroshima A-bombing and its historical impact, there arise a number of approaches to be exercised from different perspectives related to the human condition and the current situation today. This essay presents two of them: a poetical reflection and a philosophical pondering that are characterized by either factual inquiry or empirical wisdom. The former is deplorably sentimental and unforgettable with regard to the deadliest mode of warfare that has ever occurred in human history. The philosophical pondering from a Taoist viewpoint is thought-provoking and instructive with ongoing relevance to the problematic globe. Hence when the poet calls out "No More Hiroshimas," we shall go ahead and appeal for "No More Wars,""No More Sharp Weapons," or "No More Excessive Forces." However, what haunts the world all the time is constant warfare at varied scales here and there; and what worries us right now is the hard fact that some nations are presumably taking the risk of developing nuclear weapons on a starvation budget, for they think that they are under the threat and pressure of other countries armed with plenty of such mass-destructive devices. They all seem to have neglected or obliterated the historical memory of Hiroshima as a symbol of the worst violence ever known to humankind.     

Federalism,distributive politics and representative democracy

We analyze federal systems of government in which local public policies are financed by general taxation. In a decentralized political system there is, in each region, a vote to elect a local representative while in a centralized political system a single representative is elected by a federal vote. It is shown that under decentralization, voters strategically elect liberal representatives so as to nullify any element of cooperation between representatives in the decision-making stage. Thus, there is a trade-off between the budgetary externality and a "policy closer to the people", but the democratic choice is biased towards decentralization.