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Human Rights, Legitimacy, and the Use of Force (Hardcover)
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Human Rights, Legitimacy, and the Use of Force (Hardcover)
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The thirteen essays by Allen Buchanan collected here are arranged
in such a way as to make evident their thematic interconnections:
the important and hitherto unappreciated relationships among the
nature and grounding of human rights, the legitimacy of
international institutions, and the justification for using
military force across borders. Each of these three topics has
spawned a significant literature, but unfortunately has been
treated in isolation. In this volume Buchanan makes the case for a
holistic, systematic approach, and in so doing constitutes a major
contribution at the intersection of International Political
Philosophy and International Legal Theory.
A major theme of Buchanan's book is the need to combine the
philosopher's normative analysis with the political scientist's
focus on institutions. Instead of thinking first about norms and
then about institutions, if at all, only as mechanisms for
implementing norms, it is necessary to consider alternative
"packages" consisting of norms and institutions. Whether a
particular norm is acceptable can depend upon the institutional
context in which it is supposed to be instantiated, and whether a
particular institutional arrangement is acceptable can depend on
whether it realizes norms of legitimacy or of justice, or at least
has a tendency to foster the conditions under which such norms can
be realized. In order to evaluate institutions it is necessary not
only to consider how well they implement norms that are now
considered valid but also their capacity for fostering the
epistemic conditions under which norms can be contested, revised,
and improved.
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