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The sort of nationalism and patriotism that Europe needsIn Henrik Syse & Gregory M. Reichberg (eds.), Ethics, nationalism, and just war: medieval and contemporary perspectives, The Catholic University of America Press. 2007.
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13Justice, Stability, and Toleration in a Federation of Well‐Ordered PeoplesIn Rex Martin & David A. Reidy (eds.), Rawls's Law of Peoples, Blackwell. 2006-01-01.This chapter contains section titled: Introduction:the European Union and the Law of Peoples The Argument of Law of Peoples Standards and Grounds for International Stability Human Rights in Federations The Argument of Law of Peoples for Inter‐people Inequality Distributive Justice in Federations Federal and Global Implications Toleration and Stability Reconsidered Acknowledgments Notes.
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50Multiple citizenship: normative ideals and institutional challengesCritical Review of International Social and Political Philosophy 15 (3): 279-302. 2012.Institutional suggestions for how to rethink democracy in response to changing state responsibilities and capabilities have been numerous and often mutually incompatible. This suggests that conceptual unclarity still reigns concerning how the normative ideal of democracy as collective self-determination, i.e. ?rule by the people?, might best be brought to bear in a transnational and global context. The aim in this paper is twofold. First, it analyses some consequences of the tendency to smudge t…Read more
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Theories of human rights : institutional or orthodox : why it mattersIn Reidar Maliks & Johan Karlsson Schaffer (eds.), Moral and Political Conceptions of Human Rights: Implications for Theory and Practice, Cambridge University Press. 2017.
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26Tracking justice democraticallySocial Epistemology 31 (3): 324-339. 2017.Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epist…Read more
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16Kantian Theory and Human RightsRoutledge. 2013."The growing interest in human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this have gathered to fill this gap. Divided in three parts, firstly the Kantian notion of human rights…Read more
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13Add international courts to The Idea of Human Rights_ and stir … on Beitz’ _The Idea of Human Rights after 10 yearsCritical Review of International Social and Political Philosophy 25 (1): 66-86. 2022.These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too…Read more
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19Survey Article: The Legitimacy of International CourtsJournal of Political Philosophy 28 (4): 476-499. 2020.Journal of Political Philosophy, EarlyView.
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22Tracking justice democraticallySocial Epistemology 31 (3): 324-339. 2017.Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epist…Read more
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15The Legitimacy Deficits of the Human Rights Judiciary: Elements and Implications of a Normative TheoryTheoretical Inquiries in Law 14 (2): 339-360. 2013.The Article addresses some of the disagreement concerning the legitimacy of the international human rights judiciary. It lays out some aspects of a theory of legitimacy for the international human rights judiciary that seem relevant to addressing two challenges: First, it is difficult to justify the human rights judiciary by appeal to standard accounts of why states agree to subject themselves to treaties. What is the problem the international human rights judiciary is meant to help solve? Secon…Read more
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71The distributive justice of a global basic structure: A category mistake?Politics, Philosophy and Economics 10 (1): 46-65. 2011.The present article explores ‘anti-cosmopolitan’ arguments that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitan’ arguments. Section 1 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply …Read more
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78Equality of Education and Citizenship: Challenges of European IntegrationStudies in Philosophy and Education 27 (5): 335-354. 2008.What kind of equality among Europeans does equal citizenship require, especially regarding education? In particular, is there good reason to insist of equality of education among Europeans—and if so, equality of what? To what extent should the same knowledge base and citizenship norms be taught across state borders and religious and other normative divides? At least three philosophical issues merit attention: (a) The requirements of multiple democratic citizenships beyond the nation state; (b) h…Read more
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The Significance of State Borders for International Distributive JusticeDissertation, Harvard University. 1991.How should the global set of social institutions distribute income and wealth among members of different states? I present a Theory of Global Justice which supports the Bounded Significance of State Borders: The states system must satisfy the Determinate Human Needs of all, and the distribution within each state must satisfy Rawls' Difference Principle. However, justice does not require a Global Difference Principle: income and wealth need not be distributed so as to maximize the income and weal…Read more
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20Introduction: How to bring normative requirements to bear on institutions beyond the stateJournal of Social Philosophy 40 (4): 461-465. 2009.
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10Survey Article: The Legitimacy Deficits of the European UnionJournal of Political Philosophy 14 (4): 441-468. 2006.
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18Union citizenship: Conceptions, conditions and preconditions (review)Law and Philosophy 20 (3): 233-237. 2001.No Abstract
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19Machiavelli at 500: From Cynic to Vigilant Supporter of International LawRatio Juris 28 (2): 242-251. 2015.Machiavelli's 500-year-old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present-day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Othe…Read more
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41The legitimacy of international human rights review: The case of the european court of human rightsJournal of Social Philosophy 40 (4): 595-607. 2009.
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27Union Citizenship: Unpacking the Beast of BurdenLaw and Philosophy 20 (3): 313-343. 2001.No Abstract
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83Real World Justice: Grounds, Principles, Human Rights, and Social Institutions (edited book)Springer. 2005.It helps ordinary citizens evaluate their options and their responsibility for global institutional factors, and it challenges social scientists to address the causes of poverty and hunger that act across borders.The present volume ...
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31Exit, choice, and loyalty: Religious liberty versus gender equalityJournal of Social Philosophy 36 (4). 2005.
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385The Principle of Subsidiarity as a Constitutional Principle in the EU and CanadaLes ateliers de l'éthique/The Ethics Forum 10 (2): 89-106. 2015.Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to cons…Read more
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15Getting to justice?Critical Review of International Social and Political Philosophy 20 (2): 231-242. 2017.
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55Subsidiarity, Democracy, and Human Rights in the Constitutional Treaty of EuropeJournal of Social Philosophy 37 (1): 61-80. 2006.
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17Can There Be a Just Zionism? Does Anyone Care? On Chaim Ganz, A Just ZionismEthical Perspectives 18 (4): 625-632. 2011.
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61Constructing a European Civic Society – Vaccination for Trust in a Fair, Multi-Level EuropeStudies in East European Thought 54 (4): 303-324. 2002.
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University of OsloProfessor
Oslo, Oslo, Norway
Areas of Specialization
Philosophy of Law |
Social and Political Philosophy |
Areas of Interest
Philosophy of Law |
Social and Political Philosophy |