Cohen v. Cohen: why a human right to…
- At 10 October, 2015
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COHEN V. COHEN: WHY A HUMAN RIGHT TO (DOMESTIC AND GLOBAL) DEMOCRACY DERIVES FROM THE RIGHT TO SELF-DETERMINATION
[Cohen v. Cohen: por qué el derecho humano a la democracia (local y global) deriva del derecho a la autodeterminación]
Nahuel Maisley
CONICET, Universidad de Buenos Aires, Grupo de Filosofía Política
nahuel.maisley@gmail.com
Secretaria de Investigación, Av. Figueroa Alcorta 2263 (C1425CKB), CABA, Argentina
ABSTRACT
In this paper, I challenge Joshua Cohen’s denial of the existence of a human right to democracy, using for that purpose arguments presented by Cohen himself in other occasions. In a first section, I explain five contradictions in which I believe Cohen incurs with respect to his previous works. In a second section, I explain two conclusions that I believe can be derived from this development: first, that the right of peoples to self-determination does not impede the existence of a human right to democracy (on the contrary, self-determination is impossible without democracy), and second, that this reasoning is not only applicable to the domestic order, but also to global decision-making.
Key words: Joshua Cohen – Self-Determination – Peoples – Democracy – Human Rights – Participation – International Law
View PDFEstudio crítico
- At 29 September, 2015
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THE SOVEREIGN POLITICAL COMMUNITY BETWEEN THE PURE THEORY OF LAW AND DECISIONISM
[La comunidad política soberana entre la teoría pura del derecho y el decisionismo]
Cristina Andrea Sereni
Fundación Bariloche, CONICET, Universidad Nacional de Cuyo
casereni@gmail.com
Piedras 482, 2º Of. H, C1070AAJ, CABA, Argentina
ABSTRACT
This article is based on The Sovereignty, book written in 1927 by the german philosopher and jurist Hermann Heller. It studies the concept of sovereignty in the thought of Hermann Heller in order to establish, first, a relationship between the historical context of the Weimar Republic and it’s precedent philosophical and juridical currents and, second, to contrast Heller’s concept of sovereignty with two contemporary thinkers, namely Carl Schmitt and Hans Kelsen. Thus, the author states that Hermann Heller stands between the existentialist voluntarism represented by Carl Schmitt and Hans Kelsen’s positivism, and that he has created a significant background for the current conception of sovereignty in international law.
Key words: Decisionism – Legal Positivism – State – Sovereignty – Weimar Republic
Thomas Hobbes en la Historia…
- At 24 July, 2015
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THOMAS HOBBES IN THE HISTORY OF INTERNATIONAL LAW
[Thomas hobbes en la historia del derecho internacional]
Gerardo Tripolone
CONICET y Universidad Nacional de San Juan
gerardo.tripolone@gmail.com
Av. Ignacio de la Roza 590 (oeste) J5402DCS, Complejo Universitario “Islas Malvinas”, San Juan, Argentina
ABSTRACT
In this work I argue an interpretation on Thomas Hobbes’s thought and its relation with international law. Several scholars argue that Hobbes reject the international law. Nevertheless, I will prove that it is possible to find a legal theory on international law in his works, if it takes to account the historical context and the peculiarities of global order in the Modern Age. In this way it is possible to understand why Carl Schmitt said that Hobbes was one of the founders of Ius Publicum Europaeum, sentence that the German jurist did not prove. My aim is to locate Thomas Hobbes into the History of Legal International Ideas.
Key words: Thomas Hobbes – International Law – War – Ius Publicum Europaeum
De la igualdad de los derechos…
- At 11 May, 2015
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FROM RIGHTS EQUALITY TO THE RIGHT TO DIFFERENTIATION. THE IDEA OF DEMOCRACY ACCORDING TO G. H. MEAD
[De la igualdad de los derechos al derecho a la diferenciación. La idea de la democracia en g. H. Mead.]
Carlos Emel Rendón
Universidad Nacional de Colombia-Sede Medellín
carlosemel@yahoo.es
Calle 59 A N 63-20 Edif. 46, Medellín, Colombia
ABSTRACT
This paper examines the idea of democracy that emerges from the distinction established by Mead, in his psychology and social philosophy, between the “I” and “me” as “itself” constituent phases (self). The thesis of the background is the idea that democracy, far from being for Mead, a form of organization based merely on the equal recognition of rights, It should be, on the other hand, a system that further differentiation or the creative peculiarity of the subjects and, in this way, promote the recognition of its superiority as “functional superiority”. This conception is inseparable, however, the idea of democracy as an ideal of communication, if achieved, would enable the mediation of identity (the community) with the difference (individuality).
Key words: Democracy, equality, difference, communication, recognition, self.
Los muertos que vos matáis gozan de buena salud
- At 11 February, 2015
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THE PEOPLE YOU KILLED SEEM TO BE IN EXCELLENT HEALTH. A CRITICAL ANALYSIS OF KELSENISM
[Los muertos que vos matáis gozan de buena salud. Un análisis crítico del kelsenismo]
Guillermo Lariguet
Conicet/Centro de Investigaciones Jurídicas y Sociales,
Universidad Nacional de Córdoba/ Programa en Ética y
Teoría Política, Universidad Nacional de Córdoba
glariguet@yahoo.com
Obispo Trejo 242, CP X5000IYF, Córdoba, Argentina
ABSTRACT
The main thesis that I defend in this paper is that what I call Kelsenism offers us an image of a parceled theoretical mind (Kelsen in this case) and that we therefore need a serious reflection about this narrow methodological view. Theory of law and legal science, are, due to Kelsen’s deliberate decision, detached from moral philosophy, political theory, etc. Each of these disciplines maintains complete autonomy from each other. This autonomy is seen as the antidote to what Kelsen called “methodical syncretism”, i.e a confusing, inaccurate miscellaneous, conceptual apparatus, objects disciplinary and methodological research perspectives on the Law. I will argue that this perspective, which can be read as a sign of rigor and methological precision and purism, does not prevent a critical analysis of the enormous cost assumed by Kelsenian legal theorists. I argue that the Kelsenism has led to a questionable view of Law and legal theory. There is need to recast an integrated vision of Law and legal theory with disciplines as moral and political philosophy.
Key words:Kelsen, kelsenism, autonomy, methodology, integrated practical philosophy.
On the rights and duties…
- At 5 August, 2014
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ON THE RIGHTS AND DUTIES OF OCCUPATION COURTS. COMMENTS ON ALEJANDRO CHEHTMAN’S ACCOUNT
[Sobre los derechos y deberes de las cortes de ocupación. Comentarios sobre la concepción de Alejandro Chehtman]
Francisco García Gibson
Conicet/ Universidad de Buenos Aires/ CIF-GFP
garciagibson@yahoo.com
Miñones 2073, C1428ATE, CABA, Argentina
ABSTRACT
Alejandro Chehtman has developed a sophisticated moral argument to support a limited version of the principle of symmetry between just and unjust belligerents. He argues that both types of belligerent have symmetric rights and duties to judge and punish criminal offenders in occupied territories. In this paper I argue that although his argument shows that there is symmetry regarding rights, it does not show the same regarding duties. Just occupants do not have a duty to provide criminal justice in the occupied territories, or at least not a duty as stringent as that of unjust occupants. The reason is that a self-defensive just occupant, unlike an unjust occupant, cannot be regarded as ultimately responsible for the occupation, nor for remedying its undesired consequences -such as the interruption of the system of criminal justice-, at least when remedying them would impose considerable costs on the occupant.
Key words: Alejandro Chehtman; Criminal jurisdiction; Just and unjust occupants; Occupation courts; Rights and duties
La anomia y la teoría política…
- At 21 April, 2014
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ANOMIE AND THE POLITICAL THEORY OF OLIGARCHY
[La anomia y la teoría política de la oligarquía]
Osvaldo Guariglia
Centro de Investigaciones Filosóficas – Conicet
Consejo Nacional de Investigaciones Científicas y Técnicas (Argentina)
osvaldoguariglia@speedy.com.ar
Miñones 2073, C1428ATE, CABA, Argentina
ABSTRACT
In his book Un país al márgen de la ley, Carlos Nino offers an extremely critical reconstruction of Argentina’s institutional life and its juridical, constitutional and socioeconomic history. He describes a chaotic scenario where laws are distorted or ignored, rules are proclaimed but never followed, social duties, such as the duty to pay taxes, are dodged and transactions with the state are “sorted out” by the means of bribes. Nino refers to this state of affairs as stupid anomie because it creates a game where everyone wants to obtain benefits but ends-up in the worst imaginable situation. Taking this diagnosis as a starting point, this article aims to show that the average citizen of an anomic society depicted by Nino is the same as the individual living under an oligarchic political regime, understanding this as a regime where economic power is concentrated in a small group of people, or as a regime where political power is administered by a populistic leader an her close collaborators. In order to achieve this aim, I offer a quick analysis of global and domestic socioeconomic scenarios.
Key words: Nino, Anomie, Oligarchy, Democracy, Crisis.
An objection to Garreta Leclercq
- At 17 September, 2013
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AN OBJECTION TO GARRETA LECLERQ’S “DEMOCRACY AND DELIBERATION: TWO MODELS OF PUBLIC JUSTIFICATION”
[Una objeción a “Democracia y deliberación: dos modelos de justificación pública”, de Garreta Leclercq]
Ezequiel Spector
Di Tella University
espector@utdt.edu
Escuela de Derecho, Av. Figueroa Alcorta 7350, C1428BCW, CABA, Argentina
ABSTRACT
In “Democracy and Deliberation: Two Models of Public Justification”, Mariano Garreta Leclercq presents an interesting argument in favor of what he calls “the common ground” conception of justification, as against the “standard” conception of justification. In this note I present an objection to that argument. More precisely, I point out a tension between two statements of that argument: 1) There is no right to decide for others; and 2) the margin of error in moral issues is very considerable. I say that, if we are committed to the statement that the margin of error is very considerable in moral issues, so we cannot be convinced that there is no right to decide for others, because it is a moral principle in itself.
Key words: Public justification – Standard conception of justification – Common ground conception of justification – Democracy – Public debate
Estudio crítico
- At 24 July, 2013
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SENTIMUS ERGO SUMUS: THE RISE OF THE “AFFECTIVE TURN” AND ITS IMPACT ON POLITICAL PHILOSOPHY
[Sentimus ergo sumus: El surgimiento del “giro afectivo” y su impacto sobre la filosofía política Cecilia Macón]
Cecilia Macón
Universidad de Buenos Aires
cmacon@yahoo.com
Departamento de Filosofía. Puan 480, CP 106, CABA, Argentina
ABSTRACT
In recent years the affective turn has irrupted in gender theory to the point of having pervaded important debates in the field of political philosophy. Recognizing clear precedents in certain works as from the ’80s, the proposal is based in the need to elaborate a conceptualization of affects which abandons a series of dualisms: interior/exterior, public/private, action/passion. The purpose of this critical study is to analyse the impact of such proposal in light of the publication, in the Spanish language, of Lauren Berlant’s El corazón de la nación, which constitutes a key work for the analysis of the extension and of the problems involved in a perspective that calls for the revisiting of issues such as agency, the relationship between past and present and embodiment.
Key words: Affects – politics – gender – agency – embodiment.
La democracia en América Latina
- At 27 June, 2013
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DEMOCRACY IN LATIN AMERICA: THE ALTERNATIVE BETWEEN POPULISM AND CONSTITUTIONAL DEMOCRACY
[La democracia en américa latina: la alternativa entre populismo y democracia constitucional]
Francisco Cortés Rodas
Universidad de Antioquia
franciscocortes@gmail.com
Calle 70 No. 52 – 21, Medellín, Colombia
ABSTRACT
In this article the author presents a critical review of populism as it has been implemented in recent years in some Latin American countries. The article begins with a description of institutions and international economic and political crises; it then analyzes and criticizes the political alternative as presented by populism. And lastly, it explains the political ideal that derives from a constitutional democracy. The author offers a response that seeks to overcome the choice between national “populism” and international “cosmopolitanism-liberalism” by way of a new reformist perspective at the international level of global governance. The point of departure for this comes from a democratization initiative within the countries undertaken by the nations of Latin America.
Key words: Populismo, América latina, democracia constitucional, liberalismo, cosmopolitismo.