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A link between populism and social media is often suspected. This paper spells out a set of possible mechanisms underpinning this link: that social media changes the communication structure of the public sphere, making it harder for citizens to obtain evidence that refutes populist assumptions. By developing a model of the public sphere, four core functions of the public sphere are identified: exposing citizens to diverse information, promoting equality of deliberative opportunity, creating deliberative transparency, and producing common knowledge. A wellworking public sphere allows citizens to learn that there are genuine disagreements among citizens that are held in good faith. Social media makes it harder to gain this insight, opening the door for populist ideology.
Current work on populism stresses its relationship to nationalism. However, populists increasingly make claims to represent ‘the people’ across beyond national borders. This advent of ‘transnational populism’ has implications for work on cosmopolitan democracy and global justice. In this paper, we advance and substantiate three claims. First, we stress populism’s performative and claimmaking nature. Second, we argue that transnational populism is both theoretically possible and empirically evident in the contemporary global political landscape. Finally, we link these points to debates on democracy beyond the state. We argue that, due to the a) performative nature of populism, b) complex interdependencies of peoples, and c) need for populists to gain and maintain support, individuals in one state will potentially have their preferences, interests, and wants altered by transnational populists’ representative claims. We unpack what is normatively problematic in terms of democratic legitimacy about this and discuss institutional and non-institutional remedies.
As academic literatures and political demands, global justice and populism look like competing ways of diagnosing and addressing neoliberal inequality. But both misunderstand neoliberalism and consequently risk reinforcing rather than undermining it. Neoliberalism does not just break down political and social hierarchies, but also relies on and sustains them. Unless populists recognize this, they will find that assertions of sovereignty do more to reinforce neoliberalism and reproduce its hierarchies than to resist them. Recognizing neoliberalism as not simply corrosive of solidarity but also producing its own affective ties suggests that global justice advocates need to develop a critique of individual attitudes that egalitarian liberals have often seen as private and been hesitant to judge. In short, if either populism or global justice hope to take advantage of neoliberalism’s failures to advance an egalitarian politics, they need to reckon more carefully with their own entanglement with neoliberalism’s hopes and hierarchies.
This article examines whether autonomy as an educational aim should be defended at the global scale. It begins by identifying the normative issues at stake in global autonomy education by distinguishing them from the problems of autonomy education in multicultural nation-states. The article then explains why a planet-wide expansion of the ideal of autonomy is conceivable on the condition that the concept of autonomy is widened in a way that renders its precise meaning flexibly adjustable to a variety of distinct social and cultural contexts. A context-transcendent, core meaning of autonomy remains in place, however, according to which a person is only autonomous if she relates to the values and goals that direct her life in a way so that she sees them as her own and is able to identify and critically assess her principal reasons for action. Finally, the article addresses two challenges to the global expansion of autonomy education: the objection that autonomy is presently not the most important educational aim and the objection that global autonomy education is a form of cultural imperialism. It finds both objections wanting.
Introduction
(2020)
As a result of globalization, the number of people living outside of their countries of origin is on the rise. Among them are children of primary and secondary school age of varying socio-economic backgrounds. This article addresses the education-related challenges that children in such circumstances face. I first identify two principles – an educational adequacy principle and a presumption of responsibility on the part of a host country for meeting children’s educational
needs – which are widely employed to guide national policy decisions on educational content and the distribution of educational resources. I then discuss a number of problems that students living abroad face which, I argue, policies devised on the basis of these principles either systematically overlook or, in some cases, exacerbate. Finally, I offer two alternative principles – a cosmopolitan revision of the first and a replacement for the second with a focus on collective responsibility – designed to promote education policies better suited to a globalized world which might help to alleviate the barriers to success commonly encountered by children learning abroad.
This paper examines and rejects two normative justifications for low-fee private schools (LFPS), whose expansion throughout the Global South in recent years has been significant. The first justification – what I shall call the ideal thesis – contends that LFPS are the best mechanism to expand access to quality education, particularly at the primary level, and that the premise of their success is that they reject educational equality and state intervention in educational affairs, traditionally associated with public schools, embracing instead educational adequacy and unregulated markets for education. Against this thesis, the paper argues that an ideal educational arrangement must not do away with educational equality and some degree of state interference. The other justification for LFPS – the secondbest thesis – contends that although LFPS do not represent the ideal state of affairs, they nonetheless bring us a step closer to the ideal of universal primary education; they are a ‘realistic’ approximation to that goal. Against the second-best thesis, the paper argues that this justification commits the approximation fallacy: by deviating from the ideal educational arrangement LFPS may obstruct rather than facilitate its achievement.
This contribution develops a defence of a universalist conception of Global Citizenship Education (GCE) against three prominent critiques, which are, among others, put forward by postcolonial scholars. The first critique argues that GCE is essentially a project of globally minded elites and therefore expressive both of global educational injustices and of the values and lifestyles of a particular class or milieu. The second critique assumes that GCE is based on genuinely ‘Western values’ (e.g., in the form of a conception of human rights or conceptions of rationality or the self), which are neither universally accepted nor universally valid and therefore unjustly forced on members of non-Western cultures and societies. GCE, according to this critique, is assumed to be another version of the educational justification of a hegemonic and unjust global Western regime. The third critique focuses on the epistemological preconditions of GCE. It assumes that GCE relies on a particular, culturally embedded ‘Western epistemology,’ which perpetuates historically grown global educational and epistemic injustices by dominating and subjugating alternative epistemological approaches. With respect to the first critique I argue that it is to a certain extent sociologically plausible, but wrong when it is applied to the educational and political legitimacy of GCE. The second critique overestimates the consensus within the ‘Western tradition’ and underestimates the transnational dissemination of universalist ideals and values as well as its own reliance on universalist validity claims. I argue that in order to provide a plausible criticism of historically grown global educational and political injustices, it is imperative for GCE to integrate central insights provided by the postcolonial critique, without giving up on universalist ideals and values. The third critique is, according to my argumentation, based on flawed epistemological assumptions, which do not withstand critical scrutiny. Instead of identifying epistemic and scientific claims as the expressions of a particular ‘culture’ or geographical location (the ‘West’), I defend the position that philosophical and scientific research should ideally be conceived as a democratic and universalist project, whose emancipatory potential can only be realized on the basis of a universalist epistemology.
This paper explores how University as social entity has great potential to confront epistemic injustices by expanding epistemic capabilities. To do this, we primarily follow the contributions of scholars such as Miranda Fricker and José Medina. The epistemic capabilities and epistemic injustice nexus will be explored via two empirical cases: the first one is an experience developed in Lagos (Nigeria) using participatory video; the second is a service learning pedagogical strategy for final year undergraduate students conducted at Universidad de Ibagué (in Colombia). The Lagos experience shows how participatory action-research methodologies could promote epistemic capabilities and functioning, making it possible for the participants to generate interpretive materials to speak of their own realities. However, this experience is too limited to address testimonial and hermeneutical injustice. The Colombian experience is a remarkable experience that is building epistemic capabilities among students and other local participants. However, there is a hermeneutical and structural injustice that tends to give more value to disciplinary and codified knowledge at the expense of experiential and tacit knowledge.
This paper addresses the phenomenon of climate-induced displacement. I argue that there is scope for an account of asylum as compensation owed to those displaced by the impacts of climate change which needs only to appeal to minimal normative commitments about the requirements of global justice. I demonstrate the possibility of such an approach through an examination of the work of David Miller. Miller is taken as an exemplar of a broadly ‘international libertarian’ approach to global justice, and his work is a useful vehicle for this project because he has an established view about both responsibility for climate change and about the state’s right to exclude would-be immigrants. In the course of the argument, I set out the relevant aspects of Miller’s views, reconstruct an account of responsibility for the harms faced by climate migrants which is consistent with Miller’s views, and demonstrate why such an account yields an obligation to provide asylum as a form of compensation to ‘climate migrants.’
This paper discusses two possible difficulties with Catherine Lu’s powerful analysis of the moral response to our shared history of colonial evil; both of these difficulties stem from the rightful place of shame in that moral response. The first difficulty focuses on efficacy: existing states may be better motivated by shame at the past than by a shared duty to bring about a just future. The second focuses on equity: it is, at the very least, possible that shame over past misdeeds ought to be brought into the conversation about present duties, in a manner more robust than Lu’s analysis allows.
In Justice and Reconciliation in World Politics Catherine Lu endorses the idea that those who contribute to the reproduction of structural injustice have responsibilities to address that injustice (Lu, 2017). However, in the book, Lu does not explore the grounds and justification for recognising such a responsibility. In order to address this deficit, this paper proposes that those likely to contribute to the reproduction of structural injustice, in the future, have precautionary duties, in the present, that require them to take action aimed at preventing their future contribution. It is proposed that these ‘collectivization duties’ (Collins, 2013) require them to act responsively with a view to forming a collective that can end the structural injustice in question. This account recommends a collective-action solution alongside recognising that each socially connected agent is obliged to act. However, it does not entail that amorphous groups bear responsibilities and is appropriate in its attribution of blame, thus avoiding both Nussbaum’s (2011) critique of perpetually forward-looking accounts and the ‘agency objection’ (Wringe, 2010).
This article analyzes and criticizes the temporal orientation of Catherine Lu’s theory of colonial redress in Justice and Reconciliation in World Politics. Lu argues that colonial historic injustice can, with few exceptions, justify special reparative measures only if these past injustices still contribute to structural injustice in contemporary social relations. Focusing on Indigenous peoples, I argue that the structural injustice approach can and should incorporate further backward looking elements. First, I examine how Lu’s account has backward-looking elements not present in other structural injustice accounts. Second, I suggest how the structural injustice approach could include additional backward-looking features. I presuppose here, with Lu, that all agents connected to an unjust social structure have a forwardlooking political responsibility to reform this structure, regardless of their relation (or lack thereof) to victims or perpetrators of historic injustice. However, I suggest that agents with connections to historic injustice can occupy a social position that makes them differently situated than other agents within that same structure, leading to differences in how these agents should discharge their forward-looking responsibility and differentiated liability for failure to do so. Third, I argue that Lu obscures the importance of rectifying material dispossession. Reparations, pace Lu, can be justified beyond a minimum threshold of disadvantage. Theorists of settler colonialism and Indigenous scholars show how the dispossession of Indigenous land can be seen as a structure that has not yet ended. I conclude by arguing that rectification can be a precondition for genuine reconciliation.
Structural alienation: Lu's structural approach to reconciliation from within a relational framework
(2019)
In Justice and Reconciliation in World Politics Catherine Lu argues that structural reconciliation, rather than interactional reconciliation, ought to be the primary normative goal for political reconciliation efforts. I suggest that we might have good reason to want to retain relational approaches – such as that of Linda Radzik – as the primary focus of reconciliatory efforts, but that Lu’s approach is invaluable for identifying the parties who ought to bear responsibility for those efforts in cases of structural injustice. First, I outline Lu’s analysis of reconciliation, where she argues for the normative priority of structural approaches within the global political sphere, and propose that it will be useful to identify whether or not a relational account could instead identify underlying structural injustices. Second, I examine one particular relational account of reconciliation (based on Radzik’s account of atonement) and argue that this type of account brings to light underlying structural injustices of the kind Lu is concerned with. Finally, I identify an issue for relational accounts in identifying relevant responsible parties for reconciliation before returning to Lu’s structural account to address this gap.
Traditionally, in deciding whether some strategy or action in war is proportionate and necessary and thus permissible both international law and just war theory focus exclusively on civilian deaths and the destruction of civilian infrastructure. I argue in this paper that any argument that can explain why we should care about collateral killing and damage to infrastructure can also explain why collateral displacement matters. I argue that displacement is a foreseeable near-proximate cause of lethal harm to civilians and is relevant for proportionality and necessity calculi. Accepting my argument has significant consequences for what we are permitted to do in war and for what obligations we have towards refugees that result from our actions in war.
Moral refugee markets
(2018)
States are increasingly paying other states to host refugees. For example, in 2010 the EU paid Libya €50 million to continue hosting the refugees within its borders, and five years later Australia offered Cambodia $31.16 million to accept asylum seekers living in Naru. These exchanges, which I call ‘refugees markets,’ have faced criticism by philosophers. Some philosophers claim the markets fail to ensure true protection, and are demeaning, expressing just how much refugees are unwanted. In response, some have defended refugee markets, claiming they can ensure refugees have protection and are not demeaned. I argue that many markets do demean refugees, and therefore have moral costs, but can still be all-things-considered preferable to alternative schemes if they protect refugees more than these alternative schemes.
This essay develops, within the terms of the recent New York Declaration, an account of the shared responsibility of states to refugees and of how the character of that responsibility effects the ways in which it can be fairly shared. However, it also moves beyond the question of the general obligations that states owe to refugees to consider ways in which refugee choices and refugee voice can be given appropriate standing with the global governance of refuge. It offers an argument for the normative significance of refugee’s reasons for choosing states of asylum and linked this to consideration of a refugee matching system and to refugee quota trading conceived as responsibility-trading, before turning to the issue of the inclusion of refugee voice in relation to the justification of the norms of refugee governance and in relation to the institutions and practices of refugee governance through which those norms are given practical expression.
The issue of statelessness poses problems for the statist (or nationalist) approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position.
While global justice theorists heatedly discuss the responsibilities of the affluent and powerful, those states which can legitimately be seen as victims of global injustice have seldom, if ever, been considered as duty bearers to whom responsibilities can be attached. However, recognising agents whose options are constrained not only as victims, but also as duty bearers is necessary as a proof of respect for their agency and indispensable to mobilise the type of action required to alter global injustices. In this article, I explore what responsibilities state officials of dominated states have. I argue that they have the responsibility to resist domination in the name of the dominated states members. While under particular circumstances this responsibility gives rise to a duty to engage in acts of state civil disobedience, under other circumstances state officials of dominated states ought to resist domination in an internal, attitudinal way by recognising themselves as outcome responsible agents.
Fair Trade is under fire. Some critics argue, for instance, that there is no obligation to purchase Fair Trade certified products and that doing so may even be counter-productive. Others worry that well-justified conceptions of what makes trade fair can conflict. Yet others suggest that the common arguments for Fair Trade cannot justify purchasing Fair Trade certified goods, in particular. This paper starts by sketching one common argument for Fair Trade and defends it against this last line of criticism. In particular, it argues that we should purchase Fair Trade certified goods because doing so benefits the poor even though there are other ways to alleviate poverty. It then considers how other common arguments for Fair Trade fare in light of similar criticism and concludes that they may well succeed.
Political realists claim that international relations are in a state of anarchy, and therefore every state is allowed to disregard its moral duties towards other states and their inhabitants. Realists argue that complying with moral duties is simply too risky for a state’s national security. Political moralists convincingly show that realists exaggerate both the extent of international anarchy and the risks it poses to states who act morally. Yet moralists do not go far enough, since they do not question realism’s normative core: the claim that when national security is really at risk, states are allowed to disregard their moral duties. I contend that there is at least one moral duty that states should not disregard even if their inhabitants are at risk of death by military aggression: the duty to reduce extreme global poverty. The reason is that even granting that national security is about securing individuals’ right to life, global poverty relief is about that as well.
There are longstanding calls for international organizations (IOs) to be more inclusive of the voices and interests of people whose lives they affect. There is nevertheless widespread disagreement among practitioners and political theorists over who ought to be included in IO decision-making and by what means. This paper focuses on the inclusion of IOs’ ‘intended beneficiaries,’ both in principle and practice. It argues that IOs’ intended beneficiaries have particularly strong normative claims for inclusion because IOs can affect their vital interests and their political agency. It then examines how these claims to inclusion might be feasibly addressed. The paper proposes a model of inclusion via representation and communication, or ‘mediated inclusion.’ An examination of existing practices in global governance reveals significant opportunities for the mediated inclusion of IOs’ intended beneficiaries, as well as pervasive obstacles. The paper concludes that the inclusion of intended beneficiaries by IOs is both appropriate and feasible.
This article outlines a new approach to answering the foundational question in democratic theory of how the boundaries of democratic political units should be delineated. Whereas democratic theorists have mostly focused on identifying the appropriate population-group – or demos – for democratic decisionmaking, it is argued here that we should also take account of considerations relating to the appropriate scope of a democratic unit’s institutionalized governance capabilities – or public power. These matter because democratically legitimate governance is produced not only through the decision-making agency of a demos, but also through the institutionally distinct sources of political agency that shape the governance capabilities of public power. To develop this argument, the article traces a new theoretical account of the normative and institutional sources of collective agency, political legitimacy, and democratic boundaries, and illustrates it through a democratic reconstruction of the classical body politic metaphor. It further shows how this theoretical account lends strong prescriptive support to pluralist institutional boundaries within democratic global governance.
The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle (AAP), according to which a polity ought to enfranchise all persons whose interests are affected by the polity’s decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I argue that if one commits oneself to AAP, one must also commit oneself to the view that political participation rights are not necessarily the only, and not necessarily the best, way to protect morally weighty interests. I also argue that economic participation rights raise important worries about democratic accountability, which is why their exercise must be constrained by a number of moral duties.
Personalized campaign styles are of increasing importance in contemporary election campaigns at all levels of politics. Surprisingly, we know little about their implications for the behavior of successful candidates once they take public office. This paper aims to fill this gap in empirical and theoretical ways. It shows that campaign personalization results in legislative personalization. Legislators that ran personalized campaigns are found to be more likely to deviate in roll call votes and to take independent positions on the floor. These findings result from a novel dataset that matches survey evidence on candidates’ campaign styles in the 2009 German Federal Elections with the legislative behavior of successful candidates in the 17th German Bundestag (2009–2013). Combining data from the campaign and legislative arenas allows us to explore the wider consequences of campaign personalization.
This article discusses freedom of movement under the lens of shifting boundaries of membership and traces the tension between the political and the economic rationale of European integration. It first reflects on the normativity of free movement and links it to the foundations of modern democratic citizenship. Subsequently, it discusses the role of free movement in the construction of EU citizenship and argues that the genesis in market integration casts a long shadow which hinders EU citizenship's potential to fully display the logic of political and social equality. Under current conditions of huge wealth discrepancies between member states, the prevailing form of horizontal integration necessarily brings about a tension between mobility and solidarity, which in turn creates a barrier for further developing EU citizenship. It is concluded that strengthening an intra‐European dimension of solidarity is needed in order to substantiate the right to move as an equal European citizenship right.
Let me start with a reminiscence: a few weeks ago, I was sitting in one of my preferred cafés in Paris, le Café Odéon- Théâtre de l’Europe, a vivid place near the Jardin de Luxembourg in the heart of the university quarter. I realised that the waiter was wearing a shirt with the letters "Defend Paris", which he explained to be a statement against the forces that make Paris an uneasy place to live, a defiance against the powerful and social injustice. With a mixture of rebellion and idealism, he added that he understands himself as part of a "Reclaim Your City" Movement, thus representing what is central for urban citizenship today: a republican defence against forces that make a metropolitan city a trademark to be sold to people who can afford it, but increasingly less a home for ordinary people who want to live in the city. Walking through the streets, passing a small jewelry shop, a place of distinguished understatement showing a picture of Meghan Markle wearing "rose"-earrings displayed in the window, the term "zombie urbanism" came to my mind – a term used by Jonny Aspen, professor at the Institute of Urbanism and Landscape in Oslo (See Bjerkeset and Aspen (forthcoming 2020) and here), to describe a cliché-like way of dealing with urban environment by developers and designers – a "staged urbanism", in which urban features are used as a means for selling, marketing and branding. This kind of city-marketing can prove quite successful: whereas the burning of Notre Dame mobilised hundreds of millions of donations within a short period of time, the burning of the National Museum in Rio de Janeiro soon after, extinguishing 200 years of documentation of cultural memory, mobilised only 225.000 Euros (state 1.4.2019). ...
Questo saggio descrive il progetto ambizioso del costituzionalismo moderno e lo distingue dalla mera giuridicizzazione del potere pubblico. Esso mostra le sfide del costituzionalismo derivanti dalla perdita di identità del potere statale e del potere pubblico. Il saggio afferma la persistenza della necessità di regolare il potere pubblico, indipendentemente dal fatto che sia esercitato dalle autorità statali o da organizzazioni internazionali. Tuttavia, esso solleva dubbi sul fatto che il potere pubblico frammentato a livello internazionale possa essere regolato in modo tale da soddisfare le richieste del costituzionalismo. È in corso una giuridicizzazione che manca delle caratteristiche fondamentali del costituzionalismo. Come realizzare una compensazione in questo senso resta una domanda aperta.
Journalisten fragen, Politiker antworten. Kurz nach Beginn des Ersten Weltkrieges, im November 1914, hat der Strafrechtler und Völkerrechtler Franz von Liszt auf Fragen des Chefredakteurs Helmer Key vom "Svenska Dagbladet" in Stockholm geantwortet – in bemerkenswert enger Anlehnung an die alte konservative Theorie von der deutschen Friedfertigkeit, die erst durch die Einkreisungspolitik Eduards VII. zur Wehrhaftigkeit habe werden müssen.
Iring Fetscher hat das maschinenschriftliche Dokument auf einer Auktion entdeckt und erworben. Wir drucken es auf den folgenden Seiten als Faksimile mit dem Kommentar von Iring Fetscher zu Fragen und Antworten im Deutschen Herbst 1914.
Die Allgegenwärtigkeit des Begriffs der Menschenrechte in politischen Kontexten kann leicht übersehen lassen, dass der rechtsphilosophische, rechtstheoretische und praktische Streit um die genaue Bestimmung, Begründung und Kodifizierung dieser »Rechte« alles andere als beigelegt ist. Der notorische Dissens zwischen Philosophen und Juristinnen und sogar Theologen steht in einem seltsamen Missverhältnis zur Selbstverständlichkeit, mit der politische Akteure die Notwendigkeit dieser oder jener außenpolitischen Handlung durch Bezug auf die Menschenrechte rechtfertigen. ...
L’arrêt Lüth – 50 ans après
(2019)
Même 50 ans plus tard, l’arrêt Lüth, rendu par la Cour constitutionnelle fédérale le 15 janvier 1958, n’a rien perdu de son actualité. Il confère durablement à la liberté d’expression un rang primordial pour le débat public démocratique et marque le point de départ du développement d’une dogmatique des droits fondamentaux spécifiquement allemande, à l’origine d’un renforcement des compétences et de la puissance particulières de la Cour constitutionnelle fédérale. Les raisons qui expliquent l’approche particulière de résolution de conflits entre droits suivie dans l’arrêt Lüth ne laissent pas présager un abandon de cette jurisprudence, abandon qui ne serait d’ailleurs ni souhaitable ni réaliste.
The relationship between past and present has been the subject of controversial debates in historical research time and again. In 2013, to give a prominent example, Philip Alston in a review essay discussed the issue of "Does the past matter?" with regard to a debate on the origins of human rights. The debate was dedicated to the controversial question of "[h]ow far back can we trace the genealogy of today’s international human rights system". In this review, I would like to rephrase this question to ask instead to what degree the present matters for historical writing. Other than in the work of Alston, this is not meant as a question on the contingency and path-dependence of history, but rather as a reflection on how historians describe and evaluate the past and what role knowledge of the present may have in this context. ...
Neuere Geschichten des Völkerrechts zeichnen sich dadurch aus, dass sie das Recht und dessen Wirksamkeit nicht losgelöst von sozialen und historischen Kontexten betrachten. In seinem beeindruckenden Buch "Frieden durch Recht?" über den Friedensschluss nach dem ersten Weltkrieg zeigt Marcus M. Payk (vgl. die Rezension in diesem Band), dass das Recht zwar über eine eigene Form und Logik verfügt, dessen Bindungswirkung aber nicht ohne dessen Kontexte verstanden werden kann. ...
In der gegenwärtigen Forschung zu Recht und Kolonialismus zeigt sich ein interessanter Gegensatz: Während das Recht vor allem als ein Instrument kolonialer Machtausübung verstanden wird, erscheinen Juristen, die nach einer Ausbildung an europäischen oder amerikanischen Universitäten in ihre Herkunftsländer zurückkehrten, als zentrale Akteure lokaler Unabhängigkeitsbewegungen, aus denen heraus neue Nationalstaaten entstanden. Dieser Gegensatz wird beispielhaft illustriert durch aktuelle Arbeiten von Turan Kayaoglu zum Legal Imperialism sowie Arnulf Becker-Lorca und seine Figur des Semi-Peripheral Jurist. Das Buch Asian Legal Revivals – Lawyers in the Shadow of Empire erschien 2010 und geht daher nicht direkt auf diese Arbeiten ein, dennoch ist es ein Beitrag dazu, beide Beobachtungen miteinander zu verbinden. Die Rechtssoziologen Yves Dezalay und Bryant G. Garth, die gemeinsam bereits sechs Bücher verfasst oder herausgegeben haben, untersuchen die Rolle von Juristen in der Herausbildung und Legitimation politischer Herrschaft in sieben asiatischen Ländern im 19. und 20. Jahrhundert. ...
The study of civilization is one of the core subjects of international legal history. This is no recent development. Jörg Fisch published his seminal work "Die Europäische Expansion und das Völkerrecht" in 1984, the same year in which Gerrit W. Gong presented his renowned "Standard of Civilization". Today, the more recent works by Martti Koskenniemi and Antony Anghie probably represent the most influential research in this field. What all these path breaking works have in common is that they discuss concepts of civilization in international law especially with regard to its function as providing justification narratives for the European/non-European unequal relations, in particular in the 19th century. ...
In China war das europäische Völkerrecht bis zur Mitte des 19. Jahrhunderts weitgehend unbekannt. Abgesehen von einzelnen Verträgen aus dem 17. und 18. Jahrhundert gab es weder Vertragspraxis noch Völkerrechtswissenschaft. Dies änderte sich erst durch Chinas Kriege mit westlichen Mächten. Die »Barbaren« nutzten ihre militärische Überlegenheit gegenüber China, um durch erzwungene völkerrechtliche Friedensverträge Handelsinteressen zu verwirklichen und halbkoloniale Strukturen zu etablieren. Diese Friedensübereinkommen wurden und werden, als "ungleiche Verträge" überschrieben, vielfach in der wissenschaftlichen Literatur besprochen. ...