Another Cosmopolitanism (The Berkeley Tanner Lectures) by Seyla Benhabib

By Seyla Benhabib

In those vital lectures, distinct political thinker Seyla Benhabib argues that because the UN statement of Human Rights in 1948, we've entered a section of worldwide civil society that is ruled by way of cosmopolitan norms of common justice--norms that are tricky for a few to simply accept as valid in view that they're occasionally in clash with democratic beliefs. In her first lecture, Benhabib argues that this rigidity can by no means be totally resolved, however it should be mitigated during the renegotiation of the twin commitments to human rights and sovereign self-determination. Her moment lecture develops this concept intimately, with specified connection with fresh advancements in Europe (for instance, the banning of Muslim head scarves in France). the ecu has obvious the substitute of the conventional unitary version of citizenship with a brand new version that disaggregates the elements of conventional citizenship, making it attainable to be a citizen of a number of entities whilst. the quantity additionally incorporates a substantial creation via Robert submit, the quantity editor, and contributions via Bonnie Honig (Northwestern University), Will Kymlicka (Queens University), and Jeremy Waldron (Columbia college of Law).

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In this chapter, I engage in a complex dialogue with Arendt, Jaspers, and Kant (II and III). The distinguishing feature of the period we are in cannot be captured through the bon mots of ‘globalization’ and ‘empire’; rather, we are also facing the rise of an international human rights regime and the spread of cosmopolitan norms, while the relationship between state sovereignty and such norms is becoming more contentious and conflictual (IV). Such conflicts render starkly visible the ‘paradox of democratic legitimacy,’ namely, the necessary and inevitable limitation of democratic forms of representation and accountability in terms of the formal distinction between members and nonmembers (V).

By Guenther Roth and Claus Wittich (Berkeley: University of California Press, 1978), pp. 212 ff. and note 12 below. 12. See Max Weber’s statement: “‘Equality before the law’ and the demand for legal guarantees against arbitrariness demand a formal and rational ‘objectivity’ of administration, as opposed to the personally free discretion flowing from the ‘grace’ of the old patrimonial domination. If, however, an ‘ethos’—not to speak of instincts—takes hold of the masses on some individual question, it postulates substantive justice oriented toward some concrete instance and person; and such an ‘ethos’ will unavoidably collide with the formalism and the rule-bound and cool ‘matter-of-factness’ of bureaucratic administration.

20 Although the subjects of international law were historically states and organized political entities, cosmopolitan norms go beyond liberal international sovereignty by envisaging a conceptual and juridical space for a domain of rights-relations that would be binding on nonstate actors as well as on state actors when they come into contact with individuals who are not members of their own polities. Kant envisaged a world in which all members of the human race eventually would became participants in a civil order and enter into a condition of lawful association with one another.

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