David Ingram

This chapter explores recent research by critical theorists concerning theories of (under)development. Drawing from the research of Thomas McCarthy, Axel Honneth, Jurgen Habermas, Amy Allen, Nancy Fraser, and others, the author explores some of the divergent responses critical theorists have given toward the theory and practice of global developmental assistance. Some theorists defending a strong modernist approach to development (e.g., McCarthy, Habermas and Honneth) appear to endorse a logic of development that works within a domesticated model of capitalist markets and lending practices; others (Allen and Fraser) reject this approach. The chapter raises questions about how development that fits within the traditional emancipatory aim of critical theory must also be (democratically?) empowering. Finally, it raises deeper philosophical questions about whether such a critical theory of development must or should instantiate a concept of progress and whether progress so construed should be interpreted principally in terms of expanding freedom (emancipation and empowerment) or simply expanding social welfare opportunity.

Resumo O autor defende uma descrição normativa fraca do constitucionalismo internacional à luz de dois factos: a contínua relevância da soberania do Estado face à hegemonia de superpotências e a necessidade imperiosa de um regime supranacional eficaz de direitos humanos. Ao defender uma institucionalização constitucional de direitos humanos, que inclui aspectos de justiça processual e material, mostra-se que, como nos casos domésticos, tal institucionalização pode e, talvez deva, incorporar um procedimento de controlo judicial que ascende ao nível de controlo constitucional. De facto, o parecer do Tribunal Europeu de Justiça no caso Kadi estabeleceu um possível precedente para o controlo do Conselho de Segurança no sentido do cumprimento dos direitos humanos e outras normas peremptórias. Dada a necessidade de perícia técnico legal para a elaboração de tal controlo, um caso prima facie pode ser feito para o estabelecimento de um Tribunal Constitucional especializado ao nível internacional. Contudo, dado o impacto desempenhado pelo poder político na resolução técnica da adjudicação de casos específicos e concretos, dentro de um sistema jurídico altamente fragmentado, e dado o facto de que o controlo constitucional também toca questões mais abstractas e menos técnicos de justiça social, o autor recomenda, que a função de controlo constitucional seja disseminada por várias instituições globais, incluindo a actual Assembleia Geral das Nações Unidas e na esfera pública global. O controlo constitucional pluricêntrico, bem como a institucionalização dos direitos humanos decorre do desacordo multicultural existente acerca do significado desses direitos e da ameaça da hegemonia de superpotências sobre as instituições globais. Assim antecipa-se também a realização de uma constitucionalização mais monista no Direito Internacional com o crescimento da solidariedade global entre os povos. Palavras-chave : Constitucionalização, Controlo Constitucional, Direitos Humanos, Habermas, Nações Unidades, Pluralismo LegalI defend a weakly normative description of international constitutionalism in light of two facts: the continued salience of state sovereignty in the face of superpower hegemony and the overriding need for an effective supranational human rights regime. In arguing for a constitutional institutionalization of human rights that includes aspects of procedural and substantive justice, I show that, as in the domestic case, such an institutionalization could and perhaps should incorporate a procedure for judicial review ascending to the level of constitutional review. In fact, the European Court of Justice’s review of the Kadi case establishes a possible precedent for reviewing Security Council compliance with human rights and other peremptory norms. Given the need for technical legal expertise in elaborating such review, a prima facie case can be made for establishing a specialized constitutional court at the international level. However, given the impact that political power plays in the technical resolution of concrete, case-specific adjudication within a highly fragmented legal system, and given the fact that constitutional review also touches on more abstract and less technical issues of social justice, I recommend that the function of constitutional review be dispersed in several global institutions, including the current United Nations General Assembly and a global public sphere. The pluralization of constitutional review and the accompanying interpretation and institutionalization of human rights recognizes existing multicultural disagreement on the meaning of human rights and the threat of superpower hegemony over global institutions while anticipating the realization of a more monistic constitutionalization of international law with the growth of global solidarity between peoples. Keywords : Constitutional Review, Constitutionalization, Habermas, Human Rights, Legal Pluralism, United Nations

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as friends who altruistically care for each others’ welfare, and as fallible agents of diverse experiences and worldviews.

In his magnum opus, Theorie des kommunikativen Handelns, the distinguished philosopher Jurgen Habermas presented his ideas as a whole, providing the first major defense of his philosophy. David Ingram here summarizes the themes of Habermas's masterwork, placing them in the context of the philosopher's other work, relating them to poststructuralism, hermeneutics, and Neo-Aristotelianism, and surveying what other critics have said about Habermas. "Ingram's exposition of Habermas is impressive for its erudition and its faithful adherence to the major contours of Habermas's work."—James Farganis, _Contemporary Sociology_ "A valuable contribution to the understanding of an important, but difficult, thinker."—_Ethics_ "The book is indispensable to an understanding of both Habermas and the contemporary human condition."—Scott Warren, _Social Science Quarterly _ "Ingram has done sociologists, philosophers, and political scientists a great service by demystifying Habermas's more recent theory of communicative action."—R. George Kirkpatrick, _American Journal of Sociology_ "Likely to be and to remain the leading study on Habermas's Theory of Communicative Action. What McCarthy did for Habermas's earlier writings, Ingram accomplishes for his more recent work."—Fred R. Dallmayr, University of Notre Dame

I argue that the same factors that motivated Catholicism to champion liberal democracy are the same that motivate 21st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action.

It is well known that Rawls and Habermas propose different strategies for justifying and classifying human rights. The author argues that neither approach satisfies what he regards as threshold conditions of determinacy, rank ordering, and completeness that any enforceable system of human rights must possess. A related concern is that neither develops an adequate account of group rights, which the author argues fulfills subsidiary conditions for realizing human rights under specific conditions. This latter defect is especially serious in light of the different but equal roles that both subnational groups as well as supernational organizations play in bringing about a just global distribution of economic resources.

The Ethics of Development: An Introduction systematically and comprehensively examines the ethical issues surrounding the concept of development. The book addresses important questions such as: What does development mean? Is there a human right to development? If we aim for sustainable development in an age of global climate change, should developed nations sacrifice economic growth for the sake of allowing developing countries to catch up? Should eradication of poverty or diminution of radical inequality be the principal focus of developmental policy? What are the macroeconomic theories of development? And how have they informed development policy? How does development work in practice? Featuring case studies throughout, this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of applied ethics, global justice, economics, politics, sociology, and public policy.

This article examines the theoretical pathways connecting Benhabib’s thoughts on ethical normativity, human rights, legality, democracy, liberalism, pluralism, and the tragedy of the political. It endorses Benhabib’s dialectical treatment of these paradoxical political tropes but notes a possible unresolved tension in her discussion of the ambiguous moral and legal nature of human rights. I propose a pluralist approach to the moral grounding of legal human rights that might be at odds with Benhabib’s approach.

Philosophy in the middle of the 20th Century, between 1920 and 1968, responded to the cataclysmic events of the time. Thinkers on the Right turned to authoritarian forms of nationalism in search of stable forms of collective identity, will, and purpose. Thinkers on the Left promoted egalitarian forms of humanism under the banner of international communism. Others saw these opposed tendencies as converging in the extinction of the individual and sought to retrieve the ideals of the Enlightenment in ways that critically acknowledged the contradictions of a liberal democracy racked by class, cultural, and racial conflict. Key figures and movements discussed in this volume include Schmitt, Adorno and the Frankfurt School, Arendt, Benjamin, Bataille, French Marxism, Black Existentialism, Saussure and Structuralism, Levi Strauss, Lacan and Late Pragmatism. These individuals and schools of thought responded to this 'modernity crisis' in different ways, but largely focused on what they perceived to be liberal democracy's betrayal of its own rationalist ideals of freedom, equality, and fraternity.

This chapter examines how European thinkers working from within and without the Frankfurt School of critical theory have understood the public sphere as a distinctive political category. First-generation members of the school rejected institutional democracy and mass politics as ideologies that mask domination. The succeeding generation, whose most important representative is Jürgen Habermas, rejected that diagnosis. Habermas’s more optimistic assessment of the emancipatory potential of the public sphere as a medium of rational learning sought a middle ground between critics and defenders of liberal democracy. This ambivalence provoked strong counter-reactions from systems theorists, such as Niklas Luhmann, and from adherents of theories of agonal democracy descended from Carl Schmitt, on the right, and Hannah Arendt, on the Left. As we shall see, these reactions are amplified by those who seek to extend the public sphere beyond the boundaries of the nation state.