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  Subjects -> PHILOSOPHY (Total: 762 journals)
Showing 601 - 135 of 135 Journals sorted alphabetically
Revista de Estudios Kantianos     Open Access  
Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito     Open Access   (Followers: 1)
Revista de Filosofia     Open Access  
Revista de Filosofía (Madrid)     Open Access  
Revista de Filosofía de la Universidad de Costa Rica     Open Access  
Revista de Filosofía Open Insight     Open Access  
Revista de Filosofía y Teoría Política     Open Access  
Revista de Humanidades     Open Access  
Revista de la Academia     Open Access  
Revista Diacrítica     Open Access  
Revista Dialectus     Open Access  
Revista Eletrônica Espaço Teológico     Open Access   (Followers: 1)
Revista Eletrônica Ludus Scientiae     Open Access  
Revista Enciclopédia     Open Access  
Revista Epistemologias do Sul     Open Access  
Revista Española de Filosofía Medieval     Open Access  
Revista Filosofía UIS     Open Access  
Revista Fragmentos de Cultura : Revista Interdisciplinar de Ciências Humanas     Open Access  
Revista Latinoamericana de Derechos Humanos     Open Access   (Followers: 2)
Revista Latinoamericana de Filosofía     Open Access   (Followers: 1)
Revista Perspectiva Filosófica     Open Access  
Revista Poiesis     Open Access  
Revista PRAXIS     Open Access  
Revista SURES     Open Access  
Revue d’études benthamiennes     Open Access   (Followers: 1)
Revue Philosophique de Louvain     Full-text available via subscription   (Followers: 1)
Rhuthmos     Open Access  
Rivista di estetica     Open Access  
Rivista di storia della filosofia     Full-text available via subscription  
Rivista Internazionale di Filosofia e Psicologia     Open Access  
Rivista Italiana di Filosofia Analitica Junior     Open Access  
Roczniki Filozoficzne     Full-text available via subscription  
Royal Institute of Philosophy Supplements     Full-text available via subscription   (Followers: 4)
Ruch Filozoficzny     Open Access  
RUDN Journal of Philosophy     Open Access  
Russell : the Journal of Bertrand Russell Studies     Full-text available via subscription   (Followers: 3)
Russian Studies in Philosophy     Full-text available via subscription  
S : Journal of the Circle for Lacanian Ideology Critique     Open Access  
Saberes y Prácticas : Revista de Filosofía y Educación     Open Access  
SAINSTIS     Open Access  
Sapientia     Open Access  
Sartre Studies International     Full-text available via subscription   (Followers: 2)
Schutzian Research     Full-text available via subscription  
Science & Philosophy     Open Access   (Followers: 2)
Science et Esprit     Open Access  
Scientonomy : Journal for the Science of Science     Open Access   (Followers: 1)
Scrinium : Journal of Patrology and Critical Hagiography     Open Access  
Semina Scientiarum     Open Access  
Semiotics     Full-text available via subscription   (Followers: 1)
Siegel Institute Ethics Research Scholars     Open Access  
Siegel Institute Journal of Applied Ethics     Open Access  
Sign Systems Studies     Open Access  
Signos Filosóficos     Open Access  
Simone de Beauvoir Studies     Full-text available via subscription  
Sincronía     Open Access  
Síntese : Revista de Filosofia     Partially Free  
Slagmark - Tidsskrift for idéhistorie     Open Access   (Followers: 3)
Social Epistemology: A Journal of Knowledge, Culture and Policy     Hybrid Journal   (Followers: 13)
Social Imaginaries     Full-text available via subscription   (Followers: 1)
Social Philosophy and Policy     Full-text available via subscription   (Followers: 25)
Social Philosophy Today     Full-text available via subscription   (Followers: 3)
Social Psychology and Society     Open Access   (Followers: 2)
Social Theory and Practice     Full-text available via subscription   (Followers: 8)
Società degli individui     Full-text available via subscription  
Socioaffective Neuroscience and Psychology     Open Access   (Followers: 2)
SOCRATES     Hybrid Journal   (Followers: 5)
Sophia : An African Journal of Philosophy     Full-text available via subscription   (Followers: 1)
Sophía : Colección de Filosofía de la Educación     Open Access  
South African Journal of Bioethics and Law     Open Access   (Followers: 1)
South African Journal of Philosophy = Suid-Afrikaanse Tydskrif vir Wysbegeerte     Hybrid Journal   (Followers: 4)
Southwest Philosophy Review     Full-text available via subscription  
SPICE : Student Perspectives on Institutions, Choices & Ethic     Open Access  
Spontaneous Generations : A Journal for the History and Philosophy of Science     Open Access   (Followers: 3)
Studi di Estetica     Open Access  
Studia Humana     Open Access  
Studia Logica     Hybrid Journal   (Followers: 3)
Studia Neoaristotelica     Full-text available via subscription  
Studia Phaenomenologica     Full-text available via subscription   (Followers: 1)
Studia Philosophica Estonica     Open Access  
Studia Poliana     Full-text available via subscription  
Studia z Historii Filozofii     Open Access  
Studia z Kognitywistyki i Filozofii Umysłu     Open Access  
Studier i Pædagogisk Filosofi     Open Access  
Studies in Christian-Jewish Relations     Open Access  
Studies in Logic, Grammar and Rhetoric     Open Access   (Followers: 7)
Studies in Philology     Full-text available via subscription   (Followers: 3)
SubStance     Full-text available via subscription   (Followers: 7)
Suhuf     Open Access  
Symposion : Theoretical and Applied Inquiries in Philosophy and Social Sciences     Open Access  
Symposium : Canadian Journal of Continental Philosophy     Full-text available via subscription  
Synthesis (La Plata)     Open Access  
Tadris : Islamic Education Journal     Open Access  
Tajdida : Jurnal Pemikiran dan Gerakan Muhammadiyah     Open Access  
Teaching Ethics     Full-text available via subscription  
Teaching Philosophy     Full-text available via subscription   (Followers: 1)
Techné : Research in Philosophy and Technology     Full-text available via subscription   (Followers: 1)
Temporal : Prática e Pensamento Contemporâneos     Open Access  
Temporalités     Open Access   (Followers: 1)
Teoliterária : Revista Brasileira de Literaturas e Teologias     Open Access  
Teologia i Moralność     Open Access  
Teosofi : Jurnal Tasawuf dan Pemikiran Islam     Open Access   (Followers: 1)
Teosofia : Indonesian Journal of Islamic Mysticism     Open Access  
Terrains / Théories     Open Access   (Followers: 1)
The Acorn     Full-text available via subscription  
The Biblical Annals     Open Access  
The Chesterton Review     Full-text available via subscription   (Followers: 2)
The Chesterton Review em Português     Full-text available via subscription  
The Chesterton Review en Español     Full-text available via subscription  
The Chesterton Review en Français     Full-text available via subscription  
The Chesterton Review in Italiano     Full-text available via subscription  
The CLR James Journal     Full-text available via subscription  
The Heythrop Journal     Hybrid Journal   (Followers: 21)
The Islamic Culture     Open Access  
The Leibniz Review     Full-text available via subscription   (Followers: 1)
The Lonergan Review     Full-text available via subscription  
The Monist     Hybrid Journal   (Followers: 9)
The Owl of Minerva     Full-text available via subscription   (Followers: 1)
The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II     Open Access  
The Philosophers' Magazine     Full-text available via subscription   (Followers: 5)
The Philosophical Forum     Hybrid Journal   (Followers: 4)
The Pluralist     Full-text available via subscription   (Followers: 3)
The Southern Journal of Philosophy     Hybrid Journal   (Followers: 6)
Thémata. Revista de Filosofía     Open Access  
TheoLogica : An International Journal for Philosophy of Religion and Philosophical Theology     Open Access   (Followers: 1)
Theoria     Hybrid Journal   (Followers: 4)
THEORIA : An International Journal for Theory, History and Foundations of Science     Full-text available via subscription   (Followers: 1)
Theoria and Praxis : International Journal of Interdisciplinary Thought     Open Access   (Followers: 3)
Think     Full-text available via subscription   (Followers: 6)
Thought : A Journal of Philosophy     Hybrid Journal   (Followers: 6)
Thought and Practice : A Journal of the Philosophical Association of Kenya     Open Access  
Tijdschrift voor Filosofie     Full-text available via subscription  
Tópicos, Revista de Filosofía     Open Access  
Tópicos. Revista de Filosofía de Santa Fe     Open Access  
Topoi     Hybrid Journal   (Followers: 3)
Tradition and Discovery     Full-text available via subscription  
Trans/Form/Ação - Revista de Filosofia     Open Access  
Transactions of the Charles S. Peirce Society     Full-text available via subscription   (Followers: 4)
Tsaqafah : Jurnal Peradaban Islam     Open Access  
ULUM : Journal of Religious Inquiries     Open Access  
Universidad de La Habana     Open Access  
Universitas : Revista de Filosofía, Derecho y Política     Open Access   (Followers: 2)
Universitas Philosophica     Open Access  
Unoesc & Ciência - ACHS     Open Access  
Utilitas     Hybrid Journal   (Followers: 11)
Utopian Studies     Full-text available via subscription   (Followers: 3)
Veritas : Revista de Filosofí­a y Teología     Open Access   (Followers: 1)
Via Spiritus : Revista de História da Espiritualidade e do Sentimento Religioso     Open Access  
Vincentian Heritage Journal     Open Access   (Followers: 1)
Visnyk of NTUU - Philosophy. Psychology. Pedagogics     Open Access  
Voluntaristics Review     Open Access  
Wacana : Journal of the Humanities of Indonesia     Open Access   (Followers: 1)
Whiteness and Education     Hybrid Journal   (Followers: 2)
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice     Open Access  
Zeitschrift für Ethik und Moralphilosophie : Journal for Ethics and Moral Philosophy     Hybrid Journal   (Followers: 1)
Zeitschrift für Kulturphilosophie     Full-text available via subscription   (Followers: 4)
Zeitschrift für Medien- und Kulturforschung     Full-text available via subscription   (Followers: 3)
Zeitschrift für philosophische Forschung     Full-text available via subscription   (Followers: 6)
Zeitschrift für philosophische Literatur     Open Access   (Followers: 2)
Zeitschrift für Religions- und Geistesgeschichte     Hybrid Journal   (Followers: 5)
Zeszyty Naukowe Centrum Badań im. Edyty Stein     Open Access  
Zibaldone : Estudios Italianos     Open Access  
Τέλος : Revista Iberoamericana de Estudios Utilitaristas     Open Access  
Гуманітарний вісник Запорізької державної інженерної академії     Open Access  
Філософія та політологія в контексті сучасної культури (Philosophy and Political Science in the Context of Modern Culture)     Open Access  

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Jus Cogens : A Critical Journal of Philosophy of Law and Politics
Number of Followers: 0  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 2524-3977 - ISSN (Online) 2524-3985
Published by Springer-Verlag Homepage  [2469 journals]
  • To Surrender or to Fight On' A Human Rights Perspective on
           Self-Defense

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      Abstract: Abstract The traditional international law of self-defense provides little indication about how far states should be willing to defend. That choice is better understood as constrained, beyond the jus in bello and the jus ad bellum, by human rights norms that implicate responsibilities of the sovereign vis-à-vis its own population. Different conceptions of human rights, however, underscore different possible theories of the extent of self-defense. The main polarity is between a conception of self-defense as protecting bare life and a conception of self-defense as protecting collective self-determination. In the practice of justifying particular uses of self-defense, these foundations are constantly and dynamically rearticulated to justify fighting on, surrendering, or negotiating. This raises questions about the impact of conditions of uncertainty, different conceptions of agency, and the role of the international community. Ultimately, the article suggests that self-defense radicalizes anxieties about the foundation and finality of rights.
      PubDate: 2022-08-09
       
  • To Derogate or to Restrict' The COVID-19 Pandemic, Proportionality and
           the Justificatory Gap in European Human Rights Law

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      Abstract: Abstract In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient fact about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger.
      PubDate: 2022-07-12
       
  • Toward a Dignity-Based Account of International law

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      Abstract: Abstract Once limited to issues in maritime and trade law, today, the most recognizable examples of international law govern issues such as human rights, intellectual property, crimes against humanity, and international armed conflicts. In many ways, this proliferation has been a welcomed development. However, when coupled with international law’s decentralized structure, this rapid proliferation has also posed problems for how we (and in particular judges) identify if, when, and where international law exists. This article puts forward a novel, dignity-based account for how we answer this question: arguing that an international law exists if and only if it is consistent with respecting dignity. The upshot of this account is twofold. First, it explains many features of international law that other theories leave unaccounted for or under-explained. And second, my dignity-based account provides for a mechanism through which the system can continue to be developed and improved.
      PubDate: 2022-07-04
       
  • Emergency Powers, Constitutional (Self-)Restraint and Judicial Politics:
           the Turkish Constitutional Court During the COVID-19 Pandemic

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      Abstract: Abstract This paper investigates the Turkish Constitutional Court (TCC)’s treatment of legal challenges brought against Turkey’s legal responses to the COVID-19 pandemic. Drawing on a detailed examination of the TCC’s institutional features, political origins and jurisprudential trajectory, and taking three politically salient judgments of the TCC concerning Turkey’s executive-dominated pandemic control as the point of departure, the paper argues that the TCC chose to exercise judicial restraint both in protecting fundamental rights and reviewing pandemic policies of the executive. It also argues that the TCC’s judicial restraint during the pandemic was simply the re-manifestation of its ‘play-it-safe’ strategy — a judicial stance the TCC willingly adopted in the aftermath of the 2016 attempted coup despite possessing strong constitutional powers of judicial review, and its established attitude of assertive scrutiny in the past. From a more theoretical perspective, the analysis also explores how the passive role to which the TCC is consigned in an increasingly authoritarian regime since the 2016 failed coup relates to the global phenomenon of judicialization of authoritarian politics.
      PubDate: 2022-07-04
       
  • Judicializing Schmitt’s “Legality and Legitimacy”

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      Abstract: Abstract In the Preussen contra Reich case of 1932, Carl Schmitt’s theories on equal chance and law in extreme conditions are interpreted and applied in a court of law, firstly by Schmitt himself, then, going contrary to Schmitt’s interpretation, by Dr. Arnold Brecht and Dr. Hans Peters. This paper will first present the basis of the two theories from Schmitt’s “Legality and Legitimacy,” namely, equal chance and the need for extraordinary measures. Then this paper will focus on the diverging legal interpretations of these two theories, as presented in court by different legal theorists. These divergent interpretations of “equal chance” and “law in extreme conditions,” as presented in the aforementioned case, have yet to reach an international readership, as the case itself has never been fully translated into English. Finally, this paper will question the practical application of the two theories in the reality of the empirical world, which in turn question the relationship between any parliamentary legislative system and law.
      PubDate: 2022-06-01
       
  • The End of Globalization: Cosmopolitanism, Militancy, and the Promises of
           Jus Cogens

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      PubDate: 2022-05-10
      DOI: 10.1007/s42439-022-00061-w
       
  • What Is Wrong with Solidarity in EU Asylum and Migration Law'

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      Abstract: Abstract In this article, we explore why solidarity has not worked according to expectation in EU migration and asylum law and why it is unlikely to work in the future. First, we consider discourses of burden-sharing and solidarity in EU law from the 1990s up to the Lisbon Treaty in 2009 to identify emergent path dependencies. This period saw the introduction of primary law provisions on solidarity, such as Article 80 TFEU, as French and Dutch electorates had rejected a European constitution. Second, we perform an analysis of Article 80 through the conceptual history of solidarity, in particular, the dominant Roman law tradition of obligation in solidum and the French tradition of solidarism. We submit that the term ‘solidarity’ is actually a misnomer: already on structural grounds, Article 80 should be read as an alliance clause, countering a threat of irregular immigration. Third, we find that the practice under Article 80 as it develops during the period between 2015 and the 2020 European Commission Pact on Migration and Asylum corroborates this finding. Overall, we find that the concept of solidarity in EU asylum and migration law engenders outcome expectations that it cannot deliver as the defence alliance it is.
      PubDate: 2022-05-04
      DOI: 10.1007/s42439-022-00059-4
       
  • The Force of Law' Transparency of Scientific Advice in Times of
           Covid-19

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      Abstract: Abstract Freedom of Information Acts (FOIA) are valuable legal tools to access information held by public authorities but during the first wave of the Covid-19 pandemic time frames to reply to requests were de jure or de facto suspended in many countries. However, the lack of effective legal tools to achieve transparency was not automatically paired with governmental secrecy. This research paper analyses which are the factors that prompted some governments to move from secrecy to transparency while the essential legal tool to achieve disclosure of information was not available. It focuses on the role of ‘ecologies of transparency’, a concept developed by Seth Kreimer to describe how FOIA needs to be understood as functioning within a collection of factors and actors. Yet, can transparency ecologies still force disclosure of information when FOIA is suspended' Research focuses on a comparative case study about transparency of scientific committees advising governments on Covid-19 in the UK and in Spain. In both countries, members and minutes were initially secret, but the British government published information before being forced by FOIA, while the Spanish executive only released partial information when FOIA was reactivated. The paper argues that information disclosure processes can be understood as supply and demand models. On the demand side, it highlights the role of adversarial press, scientific community, whistle-blowers, the opposition and critics within the governing party as decisive factors within the transparency ecology. On the supply side, it focuses on legitimation needs from the government to explain different outcomes.
      PubDate: 2022-04-25
      DOI: 10.1007/s42439-022-00060-x
       
  • Equal Voting and Common Knowledge: “Best Lights” Understandings of
           India’s Founding Democratic Constitutionalism

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      Abstract: Abstract This review of Madhav Kkhosla’s book, India’s Founding Moment, sees his approach as one of “best lights” understandings, that is, an effort to identify and explain the conceptual underpinnings of India’s founding constitution in their best lights. Khosla emphasizes as key the ways in which the constitution’s requirements of full adult suffrage, its intense specificity of language, and its strongly centralized government form, all contribute conceptually to the creation of the democratic citizen of India—a citizen whose rights across the country were secured by a common constitution and central government, whose knowledge of and ability to exercise rights were enhanced by the constitution’s codified approach, and a citizen whose capacities to participate in democratic processes would be developed by the exercise of democratic rights. The review focuses attention on choices about suffrage, comparing India’s with the less inclusionary founding impulses of the United States constitution. It explores nuances of how codification would and would not promote exercises of citizenship rights, noting the importance of adjudication in the construction of the “common knowledge” to which (according to Khosla) the founders aspired. And the review argues that today, as more illiberal, authoritarian regimes are on the rise, the book’s emphasis on the importance of ideas, words, and common knowledge in constructing liberal, democratic politics is of urgent contemporary importance.
      PubDate: 2022-04-01
      DOI: 10.1007/s42439-021-00052-3
       
  • Liberal Constitutional Democracies in Times of Crisis

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      PubDate: 2022-02-28
      DOI: 10.1007/s42439-022-00057-6
       
  • Neo-Orthodoxy in the Morality of War

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      Abstract: Abstract In recent decades, revisionist philosophers have radically challenged the orthodox just war theory championed by Michael Walzer in the 1970s. This review considers two new contributions to the debate, Benbaji and Statman’s War by Agreement and Ripstein’s Kant and the Law of War, which aim to defend the traditional war convention against the revisionist attack. The review investigates the two books’ respective contractarian and Kantian foundations for the war convention, their contrast with the revisionist challenge, and their points of disagreement. Building on the responses to Ripstein in the edited collection, The Public Uses of Coercion and Force, and providing an overview of the broader debate, the review offers an analysis of the two books’ positions on the relationship between the morality and laws of war, on just cause and the crime of aggression, and on the equality between just and unjust combatants.
      PubDate: 2022-02-22
      DOI: 10.1007/s42439-022-00058-5
       
  • Choices and Contexts in India’s Constitutional Founding

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      Abstract: Abstract ‘India’s founding moment’ a moment of breath-taking political imagination and it is one of the great achievements of Madhav Khosla. to unpack important parts of its pre-history and emergence. This article will look at two questions—one about alternatives and the other about contexts. Regarding alternatives, I am interested in the paths not taken and an understanding of possibilities. I try to get a sense of possible alternative futures or modernities that the founding generation pondered, in the best case allowing us to wonder what we can learn from the choices made as well as from the paths rejected. The other question I raise is the question of the intellectual contexts, in which the founding took place. Coming from a non-Indian perspective, I am interested in the entanglements, the contexts and potentially migrating ideas that emerge.
      PubDate: 2022-02-21
      DOI: 10.1007/s42439-021-00051-4
       
  • Constituting India

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      Abstract: Abstract Even though revolutions are central to the history of modern constitutionalism, some revolutions have invited more attention than others. This essay, a response to a symposium on India’s Founding Moment, underlines the significance of India’s constitutional founding and highlights ways in which India’s founders sought to create and develop democracy in a land where its supposed ingredients did not exist. The essay then turns to contemporary politics and considers the possibilities and limitations of the constitutional framework to address the current concerns over democratic backsliding in India.
      PubDate: 2022-02-02
      DOI: 10.1007/s42439-022-00056-7
       
  • Can Federalism Save India’s Constitutional Democracy'

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      Abstract: Abstract Madhav Khosla’s brilliant book, India’s Founding Moment, is self-consciously a work on the history of ideas. Nonetheless, the subtitle of India’s Founding Moment—The Constitution of a Most Surprising Democracy—implies that Khosla draws a connection between the ideas that shaped the creation of constitutional democracy in India and its endurance. In this review, I pose the question of whether the design of the Constitution can be a source of constitutional resilience against the rising threat of authoritarianism and Hindu majoritarianism.
      PubDate: 2022-02-02
      DOI: 10.1007/s42439-021-00054-1
       
  • Customary Norms, General Principles of International Environmental Law,
           and Assisted Migration as a Tool for Biodiversity Adaptation to Climate
           Change

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      Abstract: Abstract Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy).
      PubDate: 2022-01-24
      DOI: 10.1007/s42439-022-00055-8
       
  • Rights in the Balance

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      Abstract: Abstract Professor Walen’s book rejects the familiar argument of “double effect,” namely the doctrine that an action that knowingly causes the death of another person cannot be justified merely by its good consequences but only by its good intentions. Professor Walen offers a rival argument. He proposes that we rethink the killing of non-combatants in war on the basis of a theory of “the mechanics of claims” so that the intentional killing of civilians may be occasionally permissible. Such targeting of civilians may be justified, according to the book’s argument, by the aim of eliminating the threat that these civilians may pose—innocently or not—to other persons. In these circumstances, it will not only be permissible, but it would also be a matter of right to kill civilians, which would be derived from a balancing of “claims.” The argument is impressively made but is ultimately unconvincing. All the decisive questions appear to be matters of a balance of “goodness.” The “mechanics of claims” organizes a structure of welfare values that ultimately work as a proxy for act-utilitarianism. As a result, the argument is open to well-known objections regarding justice and the separateness of persons.
      PubDate: 2022-01-12
      DOI: 10.1007/s42439-021-00050-5
       
  • A Suitable Paradigm: the Indian Founding and the world

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      Abstract: Abstract What is the relevance of the Indian case for South Africa' And what should South Africans, and the rest of the world, make of the claim in Madhav Khosla’s India’s Founding Moment that we should recognize India as ‘the’ paradigm case for modern constitutional democracy' The constitutional projects of India and South Africa are naturally connected, but Khosla’s book helps to bring out what is perhaps the most important of the connections. Both are founded on an insistently democratic constitutionalism, in places where most inhabitants had long been told they were not suited or ready for democracy. Both display the conviction that boldly giving the vote to all, in these circumstances, is a powerful way to construct a democracy. This idea is crucial for understanding many aspects of both constitutions. This makes India a natural paradigm case for South Africa and many others. The stronger claim, that it is ‘the’ paradigm case and should succeed the United States to this status, can become more complicated once one tests it out globally (like the US claim). Finland and Ireland are especially strong and earlier examples of what Khosla sees as ground-breaking in India. Latin America’s somewhat different post-colonial trajectory makes India a more imperfect paradigm there. But that said, treating India and its founding as paradigmatic may well be the single best step to take for a more balanced view of the constitutional world, and this book’s elegant erudition makes it a real scholarly pleasure to do so.
      PubDate: 2022-01-12
      DOI: 10.1007/s42439-021-00053-2
       
  • Democracy, Constitutionalism, Modernity, Globalisation

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      Abstract: Abstract This essay is a contribution to a symposium on Madhav Khosla’s important book, India’s Founding Moment. It uses the book to reflect on the relevance of the story of the Indian founding to constitution making around the world in the twenty-first century. It explores this question through three themes that run through the book: people and process; the substance of constitutions; and global influences. In conclusion, I suggest that the principal value of the Indian example lies in its emphasis on the development of a democratic people through the principles and processes for which a democratic constitution provides. The direct applicability of the Indian example should not be overstated, however. In matters of important detail, it was necessarily anchored in the particularities of the Indian case, including the nature of the societal divisions as they had evolved under colonial rule, attracting substantive constitutional solutions that would not necessarily be applicable elsewhere. The world of constitution making has moved in in 70 years, moreover, as might be expected. Many of the challenges for constitution making now reflect both the possibilities and the pathologies of post-modernity, to which the Indian founding provides at best a general guide.
      PubDate: 2021-12-02
      DOI: 10.1007/s42439-021-00048-z
       
  • Human Dignity in the Mechanics of Claims

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      Abstract: Abstract The mechanics of claims focusses predominantly on the claim to life. The claim to life is rooted in the autonomy principle, just like other specific claims. Still, the mechanics of claims does not have a systematic place for the fundamental negation of the status as an autonomous being as such. It is, however, the proctiction of the status as such, which is at the center of the protection of human dignity in German constitutional law. Looked at it from this perspective, the protection of human dignity as the protection of the status of an autonomous human being, appears to be a blind spot of the mechanics of claims. The comment attempts to show, how this blindspot leads to inconsistencies in the mechanics of claims, and how they might be ameliorated if human dignity is considered as an absolute right independent of the claims to life.
      PubDate: 2021-11-29
      DOI: 10.1007/s42439-021-00047-0
       
  • Ideological Struggle as Agonistic Conflict (Anti)Hypocrisy, Free Speech
           and Critical Social Justice

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      Abstract: Abstract This article addresses two questions: How should a ‘practical political theory’ approach the ideological struggle between advocates of critical social justice and defenders of free speech' And, what does this conflict tell us about the deficits of one particular tradition of practical political theory — namely, agonistic democracy' The paper’s purpose, then, is to illuminate a concrete contemporary phenomenon (i.e., the struggle between advocates of critical social justice and defenders of free speech) through the lens of agonistic theory and, conversely, to use this struggle as an impetus to carve out and address weaknesses in the theory of agonism. I defend an ‘agonistic approach’ to the struggle against two alternatives — first, the claim that there is, conceptually, no ‘real’ conflict between social justice and free speech, and second, the strategy to ‘take sides’ in the conflict. By taking seriously the agonistic core idea that struggle and conflict can be valuable and productive expressions of plurality and inclusivity, I argue that this struggle should be approached as an agonistic conflict — as the welcome and important expression of a diversity of views on central social, moral and political questions. I also show, however, how retaining the focus on the real-life struggle between advocates of critical social justice and free-speech sheds light on the inconsistencies of much agonistic thought. In particular, I will criticize those agonists who limit their conception of the ‘agon’ to respectful struggles (agonistic respect), and those who see the agon merely as a tool of emancipation for oppressed groups. Against these visions of agonism, I develop an anti-perfectionist, yet radical, account of agonism with the potential to serve as a guide in complex social and political conflicts.
      PubDate: 2021-10-01
      DOI: 10.1007/s42439-021-00046-1
       
 
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