By Seyla Benhabib
In those very important lectures, uncommon political thinker Seyla Benhabib argues that because the UN assertion of Human Rights in 1948, we've entered a section of worldwide civil society that is ruled by means of cosmopolitan norms of common justice--norms that are tough for a few to simply accept as valid due to the fact 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 could be mitigated in the course of the renegotiation of the twin commitments to human rights and sovereign self-determination. Her moment lecture develops this concept intimately, with specific connection with fresh advancements in Europe (for instance, the banning of Muslim head scarves in France). the european has visible the substitute of the normal 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 major creation via Robert put up, the amount editor, and contributions by means of Bonnie Honig (Northwestern University), Will Kymlicka (Queens University), and Jeremy Waldron (Columbia tuition of Law).
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Additional resources for Another Cosmopolitanism (The Berkeley Tanner Lectures)
Pp. 235–253; David Held, Democracy and the Global Order: From the Modern State to Cosmopolitan Governance (Cambridge: Polity Press, 1995). 10. For further elaboration, see Benhabib, The Rights of Others: Aliens, Residents and Citizens (Cambridge: Cambridge University Press, 2004), pp. 12–20. 11. Legal positivism is a complicated and rich tradition, with distinct lineages in Anglo-Saxon and Continental jurisprudence. Not all legal positivists would subscribe to the “command view of the law,” defended by Hobbes and further developed by John Austin (1788–1859).
Let us look more closely. This cannot be refused, if such refusal would involve the destruction— Kant’s word here is “Untergang”—of the stranger. To refuse sojourn to victims of religious wars, to victims of piracy or ship-wreckage, when such refusal would lead to their demise, is untenable. What remains unclear in Kant’s discussion is whether such relations among peoples and nations involve acts of supererogation, which go beyond the reasonable demands of morality into the realm of altruism, or whether they entail a moral claim pertaining to the rights of humanity in the person of the other.
32 • Seyla Benhabib The Paradox of Democratic Legitimacy Ideally, democratic rule means that all members of a sovereign body are to be respected as bearers of human rights, and that the consociates of this sovereign freely associate with one another to establish a regime of self-governance under which each is to be considered both author of the laws and subject to them. This ideal of the original contract, as formulated by Jean-Jacques Rousseau and adopted by Kant, is a heuristically useful device for capturing the logic of modern democracies.
Another Cosmopolitanism (The Berkeley Tanner Lectures) by Seyla Benhabib