Sheyla benhabib: cosmopolitanism is based on Universalistic norms of discourse. She says The Eichmann Trial was a case of Doubts of Arendt about international laws. Cosmopolitism is a theory of Democratic self determination, she says.
Sheyla benhabib: cosmopolitanism is based on Universalistic norms of discourse. She says The Eichmann Trial was a case of Doubts of Arendt about international laws. Cosmopolitism is a theory of Democratic self determination, she says.
Sheyla benhabib: cosmopolitanism is based on Universalistic norms of discourse. She says The Eichmann Trial was a case of Doubts of Arendt about international laws. Cosmopolitism is a theory of Democratic self determination, she says.
Sheyla Benhabib, The Philosophical Foundations of Cosmoplitan Norms en Another
Cosmopolitanism, pp. 13-43
CLASE
1. The Eichmann Trial 2. Cosmopolitan Norms of Justice 3. Cosmopolitanism and Discursive Scope 4. Kants Cosmopolitan Legacy 5. The Rise of International Human Rights Regime 6. The Paradox of Democratic Legitimacy
1. The Eichmann Trial a. Doubts of Arendt about an international laws b. Crime vs moral injury i. Crimes against HUMANITY c. International law= juridical d. Menschheit VS Menschlichkeit e. Kantian solutions? 2. Cosmopolitan Norms of Justice a. UN declaration of human rights = transitions from international to cosmopolitan laws i. International = from pacts among states (trade, commerce, security) ii. Cosmopolitan = individuals as legal and moral b. Globalization and empire as cosmopolitan laws i. THIN = Globalization = economist reductive (right to property, liberty, etc.) ii. THICK = Empire = Negri and Hardt 1. Imperialism = predatory, extractive 2. Empire = anonymous network of rules to protect capitalism, but not only economic but infrastructure (technological, communicative, international, ) c. Thin ad thick = failure i. Capture the necessary relationship between 1. Cosmopolitan norms 2. Democratic self determination 3. Cosmopolitanism and Discursive Scope a. Problem with cosmopolitanism i. NUSSMABUM an enlightened moral perspective love of mankind vs love of country ii. WALDRON hybrid , fantasy, iii. CRITICAL THEORY = 1. Normative philosophy 2. Universalistic norms of discourse 3. Beyond nation states iv. Benhabib = iii, but reservation over norms of discourse 1. Discursive scope a. Limited = our daily conversation = nationally recognized boundaries b. Cosmopolitan = moral conversation (dar y pedir razones) = discourse ethics and humanity = UNIVERSAL DISCOURSE = if human / moral conversator (justificatory conversation) 2. PROBLEM = if moral discourse is open-ended / no ends a. Local membership = ended b. vs. universalist membership = open endedness c. MORAL discourse as universalist delete the border lines 3. Two dilemmas: a. NOM VS NOC i. If norms of citizenship / Norms of membership but not conversely (norms of membership are bigger) ii. But NOC affects NOM, by CE (criteria of exclusion) iii. If NOM are UNIVERSAL cannot be articulated by CE (per definitionem) iv. NOM include (not exclude) the salient part of NOC distinction (citizen-not citizen) b. Irrelevancy of discursive ethics (premise is = DE is open endness validation) i. If membership is NOC / discursive is IRRELEVANT, since cannot articulate ANY justifiable criteria of exclusion ii. If DE permits these practices as morally neutral contingencies / IRRELEVANT, since not require further validation 4. How solve the problem: a. Reductive i. Communitarians: reduce NOM to NOC ii. Realist post-modern: delete NOM b. Non reductive = cosmopolitanism i. Maintain both: 1. Ethical political 2. Moral-universal 4. Kants Cosmopolitan Legacy a. Arendt and Japers as Kantians i. Against legal positivism and natural law 1. Legal positivism = if norm is a legal norm/ any justification in terms of norms is legal a. Consequence 1: moral norms are OUT-legal until its legalization (positivization of norms) 2. Natural law = obsolete a. Since natural law doctrines subscribe a UNIVERSAL (fixed) HUMAN NATURE = metaphysics of presence b. Arendt = human condition = LIFE GIVES (Es gibt del Sein) to humans c. Jaspers = human Existenz ii. Problem : 1. natural law and legal positivism includes HUMANITY 2. But NL and LP are false 3. NO HUMANITY, AND / crime against humanity falls down iii. Solution : Kant 1. RECHT a. Recht b. Vlkerrecht c. Weltbrgerrecht i. Hospitalitt as recht = as human ii. Hospitalitt as philantrophie = social virtue 2. Moral right or legal right? a. Hospitalitt = right of temporary residence 3. Right of hospitality a. Between i. Human rights ii. Political-civil rights b. Between i. We as persons ii. We as citizens 4. Right to asylum and refuge a. Moral rights b. Legal rights = external enforcement i. If external / external sovereignty (need for positivization) c. PROBLEM: i. Quasi-legally binding space but through VOLUNTARY commitment (moral) 1. If legal/ external coercive 2. If moral / no coercive 3. How can be possible a legal-moral order? Without reductions? 4. KANT = this space is ERDKUGEL 5. Westphalian sovereignty b. Three philosophical puzzles on cosmopolitanism i. Ontological foundations of cosmopolitanism = not back on pre-kantian ii. Normativity of these rights = coercive but without antecedent of external power iii. Local universal =