Cristina Lafont

In a recent article Allan Buchanan and Robert Keohane defend the view that one of the necessary conditions for the legitimacy of global governance institutions such as the WTO and the IMF is that they respect basic human rights. I certainly agree that setting the minimal threshold of moral acceptability any lower would be entirely unreasonable. But, unfortunately, the view that global governance institutions have human rights obligations is far from uncontroversial. These institutions themselves go to great lengths to deny such a claim. Their official stance finds strong normative support in the state-centric conception of human rights that dominates both normative debates about human rights and current human rights practice. In this article I challenge some of the normative assumptions behind the state-centric conception in order to defend a pluralist conception that ascribes human rights obligations not only to states but also to non-state actors such as global governance institutions. After briefly analyzing some of the proposals currently under discussion about how to legally entrench the obligation to respect human rights in those institutions, I will defend the feasibility of those proposals against the objection that their implementation is incompatible with the current state-system and thus it would require the creation of a world state.

Este artículo analiza el impacto del giro lingüístico en la transformación de la concepción kantiana de los juicios sintéticos a priori. Se centra para ello en dos concepciones contemporáneas de los mismos, a saber, el a priori hermenéutico de Heidegger y el a priori contextual de Putnam, y saca a relucir expresamente tanto sus rasgos similares como sus importantes diferencias: mientras que la concepción heideggeriana mantiene el idealismo transcendental de Kant a través de la suposición hermenéutica de que el significado determina la referencia, la concepción de Putnam rompe por completo con la teoría kantiana de los juicios sintéticos a priori, según la cual éstos no pueden ser modificados por la sola experiencia, al tiempo que rechaza la suposición kantiana de que los juicios sintéticos a priori y aposteriori son dos clases permanentes de juicios. En contraste con Heidegger, Putnam es por eso capaz de mostrar que los juicios sintéticos apriori son modificables bajo condiciones especiales.

In this essay, I analyze the cosmopolitan project for a new international order that Habermas has articulated in recent publications. I argue that his presentation of the project oscillates between two models. The first is a very ambitious model for a future international order geared to fulfill the peace and human rights goals of the UN Charter. The second is a minimalist model, in which the obligation to protect human rights by the international community is circumscribed to the negative duty of preventing wars of aggression and massive human rights violations due to armed conflicts such as ethnic cleansing or genocide. According to this model, any more ambitious goals should be left to a global domestic politics, which would have to come about through negotiated compromises among domesticated major powers at the transnational level. I defend the ambitious model by arguing that there is no basis for drawing a normatively significant distinction between massive human rights violations due to armed conflicts and those due to regulations of the global economic order. I conclude that the cosmopolitan goals of the Habermasian project can only be achieved if the principles of transnational justice recognized by the international community are ambitious enough to cover economic justice.

InA Theory of Justice, Rawls claims that “to each according to his threat advantage is not a conception of justice.” Although it may indeed seem intuitively plausible that a principle based on “threat advantage” cannot count as a principle of justice, it is an altogether different matter to explain why this is so. The question is especially pressing if one bears in mind that such a principle of bargaining in fact underlies many institutionally regulated interactions. Moreover, to the extent that morality is thought of as a mechanism for guaranteeing mutual advantage in the resolution of conflicts, it may indeed seem necessary that it reflect the bargaining power of the parties (in order to make sure that it is indeed advantageous for all of them). In fact, there is a prominent tradition of social-contract theories (from Hobbes to Gauthier) that work under this assumption and claim to provide an answer to what justice requires as much as Rawls's theory does. So seen, the burden of proof seems to fall rather on the shoulders of those committed to claim both that morality is a mechanism that works to the advantage of all and that it nevertheless requires neutralizing all differences in bargaining power.

The main thesis of this article consists in that the two concepts “reference” and “truth” have an ultimate realist sense of which all epistemologizing conceptions -like relativism and incommensurabilist theses- necessarily have to come short. The arguments for this thesis are embedded in a revision of the ‘direct’-reference-position as well as of recent arguments against epistemic notions of truth, to show in the next,evaluating step how it is exactly the realist kernel of both concepts that makes arguments as to the corrective function of both notions within epistemic practices possible. This nucleus of both notions, necessary for every intent to explain learning from experience, consists in the supposition of an objective world to which all speakers refer using the same concepts and which is represented by their statements. This supposition does not inevitably have to be interpreted as a metaphysical postulate of a world in itself, but can be seen, the author argues, as a necessary formal presupposition ofcommunication, which is mastered by the speakers themselves through their having learned to use desigantive expressions referentially as well as to use the true/false distinction in its normative bipolarity.

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms.

This essay focuses on recent proposals to confer decisional status upon deliberative minipublics such as citizen juries, Deliberative Polls, citizen’s assemblies, and so forth. Against such proposals, I argue that inserting deliberative minipublics into political decision-making processes would diminish the democratic legitimacy of the political system as a whole. This negative conclusion invites a question: which political uses of minipublics would yield genuinely democratic improvements? Drawing from a participatory conception of deliberative democracy, I propose several uses of minipublics that could enhance the democratic legitimacy of political decision-making in current societies.

The main argument of this article is that the concept of truth is as much internally linked to the concept of knowledge as to the concept of reality. As a consequence it is affirmed that all attempts to explain its structure which are either exclusively biased in an epistemic point of view or in a purely realist metaphysics are bound to fail. Instead this article proposes the adoption of a pragmatic standpoint which would permit to reconstruct the fallibilistic role displayed by the concept of truth in the epistemic practices of belief-revision, which must in turn be reconstructed precisely taking in account the connection of truth and reality. In that way both intuitions as to the concept of truth, the epistemic and the realist one, can be reconciled. Moreover this strategy provides as such, if correct, a strong argument in favor of an essential function of the concept of truth against contemporary deflationist tendencies

En este ensayo analizo algunas dificultades conceptuales asociadas a la exigencia de que las instituciones globales adquieran un grado mayor de legitimidad democrática. En ausencia de un Estado mundial, puede parecer inconsistente exigir que las instituciones globales sean responsables ante todos los que han de acatar sus decisiones y al mismo tiempo insistir en que los miembros de dichas instituciones, en tanto que representantes de sus respectivos Estados, mantengan las responsabilidades especiales que tienen con los ciudadanos de sus propios países. Esta dificultad parece insuperable a la luz de la extendida aceptación de la concepción de los derechos humanos centrada en el Estado, según la cual los Estados, y sólo ellos, son los responsables principales de proteger los derechos de sus ciudadanos. Contra esta concepción, defiendo la plausibilidad de una concepción alternativa, pluralista de las obligaciones derivadas de los derechos humanos. Para ello argumento que, si se tiene en cuenta la distinción tripartita entre la obligación de respetar, proteger y realizar los derechos humanos, no hay ninguna dificultad conceptual en exigir que tanto los Estados como los actores no estatales se responsabilicen por sus respectivas obligaciones en materia de derechos humanos

In this paper I focus on the discussion between Rawls and Habermas on procedural justice. I use Rawls’s distinction between pure, perfect, and imperfect procedural justice to distinguish three possible readings of discourse ethics. Then I argue, against Habermas’s own recent claims, that only an interpretation of discourse ethics as imperfect procedural justice can make compatible its professed cognitivism with its proceduralism. Thus discourse ethics cannot be understood as a purely procedural account of the notion of justice. Finally I draw the different consequences that follow from this reading.

En la discusión contemporánea sobre modelos normativos para un nuevo orden internacional está ampliamente aceptado que la justicia internacional requiere garantizar la paz, la seguridad y la defensa de los derechos humanos. Sin embargo, así́ como los objetivos de paz y seguridad son incontrovertibles, no puede decirse lo mismo del objetivo de protección de los derechos humanos. Los habituales candidatos al desacuerdo son los llamados derechos económicos y sociales, seguidos por los derechos políticos a la participación democrática. Pero, desgraciadamente, ni siquiera el derecho a la igualdad plena es incuestionado. Algunos autores optan por la estrategia minimalista de identificar derechos humanos básicos, con la esperanza de suscitar aprobación universal en el seno de la comunidad internacional, mientras que otros siguen una estrategia más generosa, con la intención de incrementar las consecuencias normativas de sus propuestas. [Fragmento]

In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations.

In this article I analyze Rawls' and Habermas' accounts of the role of religion in political deliberations in the public sphere. After pointing at some difficulties involved in the unequal distribution of deliberative rights and duties among religious and secular citizens that follow from their proposals, I argue for a way to structure political deliberation in the public sphere that imposes the same deliberative obligations on all democratic citizens, whether religious or secular. These obligations derive from the ideal of mutual accountability that is supposed to guide political deliberation in a deliberative democracy. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply

In his book Tales of the Mighty Dead Brandom engages Gadamer’s hermeneutic conception of interpretation in order to show that his inferentialist approach to understanding conceptual content can explain and underwrite the main theses of Gadamer’s hermeneutics which he calls “the gadamerian hermeneutic platitudes”. In order to assess whether this claim is sound, I analyze the three types of philosophical interpretations that Brandom discusses: de re, de dicto and de traditione, and argue that they commit him to an “ecumenical historicism” that is directly at odds with the hermeneutic approach. Although the variety of de re interpretation that Brandom denominates de traditione comes indeed very close to the Gadamerian approach, I conclude that if Brandomian scorekeepers were to adopt it, they could become Gadamerian hermeneuts, but once they did, they would not be able to go back to their scorekeeping practices as described by Brandom

This paper is an attempt to criticize the reification of language present in Heidegger’s writings after the Kehre . The steps of the argument are as follows. First, it is argued that the specific features of Heidegger’s conception of language after the Kehre can be traced back to Heidegger’s conception of the ontological difference in Being and Time . The common element in both conceptions is the assumption that meaning determines reference (i.e. that the way entities are understood determines which entities we can refer to). In the next step the implications of this assumption are shown through an analysis of Heidegger’s conception of designation in Being and Time and after the Kehre . Finally, this conception of designation is criticized with the help of the analysis of designation offered by the so-called theories of direct reference. Key Words: Donnellan • Heidegger • language • linguistic idealism • meaning • ontological difference • reference • referential/attributive distinction.