Another Cosmopolitanism (The Berkeley Tanner Lectures) by Seyla Benhabib

By Seyla Benhabib

In those vital lectures, wonderful political thinker Seyla Benhabib argues that because the UN announcement of Human Rights in 1948, we now have entered a part 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 considering that they're occasionally in clash with democratic beliefs. In her first lecture, Benhabib argues that this rigidity can by no means be absolutely resolved, however it may be mitigated during the renegotiation of the twin commitments to human rights and sovereign self-determination. Her moment lecture develops this concept intimately, with distinct connection with fresh advancements in Europe (for instance, the banning of Muslim head scarves in France). the european has visible the alternative of the normal unitary version of citizenship with a brand new version that disaggregates the parts of conventional citizenship, making it attainable to be a citizen of a number of entities even as. the quantity additionally features a noticeable creation by way of Robert put up, the amount editor, and contributions via Bonnie Honig (Northwestern University), Will Kymlicka (Queens University), and Jeremy Waldron (Columbia institution of Law).

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31 Thus, in a significant development since World War II, crimes against humanity, genocide, and war crimes have all been extended to apply not only to atrocities that take place in international conflict Philosophical Foundations • 29 situations but to events within the borders of a sovereign country that may be perpetrated by officials of that country or by its citizens during peacetime as well. ’ ii. 33 State sovereignty is no longer the ultimate arbiter of the fate of citizens or residents. The exercise of state sovereignty even within domestic borders is increasingly subject to internationally recognized norms that prohibit genocide, ethnocide, mass expulsions, enslavement, rape, and forced labor.

It occupies that space between human rights and civil and political rights, between the rights of humanity in our person and the rights that accrue to us insofar as we are citizens of specific republics. We may identify here the juridical and moral ambivalence that affects discussions of the right of asylum and refuge to this day. Are the rights of asylum and refuge rights in the sense of being reciprocal moral obligations that, in some sense or another, are grounded on our mutual humanity? Or are these rights claims in the narrow legal sense of being enforceable norms of behavior that individuals and Philosophical Foundations • 23 groups can hold each other obliged to obey, and, in particular, force sovereign nation-states to comply with?

3. Although technically the Charter of the International Military Tribunal (the Nuremberg tribunal) defined ‘crimes against humanity’ only with reference to crimes committed during international armed conflicts, after the Genocide Convention was adopted by the UN General Assembly on December 9, 1948, genocide also was included as a crime against humanity but left distinct due to its own jurisdictional status. 4. ” in Restraints on War, Michael Howard, ed. [Oxford: Oxford University Press, 1979], p.

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