Justice, Legitimacy, and Self-Determination 2003
DOI: 10.1093/0198295359.003.0001
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Introduction: The Idea of a Moral Theory of International Law

Abstract: Explains why a moral theory of international law is needed, refutes several prominent views that purport to rule out the possibility of such a theory, sets out the criteria that the needed theory should satisfy, previews the main outlines of the theory developed in the remainder of the book, and explains and supports the thesis that institutional moral reasoning is needed to develop such a theory. There are nine sections: I. The Need for a Theory; II. Curious Neglect—the neglect of international relations in c… Show more

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Cited by 10 publications
(14 citation statements)
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“…As far as possible, all people would have to have, first, and fundamentally, institutionally secured access to as many human rights goods as possible [ 25 ]. Human rights therefore require more from us than just the renunciation of harmful behavior by moral actors, effective protection against such behavior, and reparation or compensation after such behavior.…”
Section: Social Relations and Membership Rightsmentioning
confidence: 99%
“…As far as possible, all people would have to have, first, and fundamentally, institutionally secured access to as many human rights goods as possible [ 25 ]. Human rights therefore require more from us than just the renunciation of harmful behavior by moral actors, effective protection against such behavior, and reparation or compensation after such behavior.…”
Section: Social Relations and Membership Rightsmentioning
confidence: 99%
“…But as a proposed solution to the democratic paradox, 'substantialism' is worth considering in its own right. Different variants of the position may suggest that democratically legitimate states include those whose interests are potentially affected by their decisions (Goodin, 2007), those whose identities have been significantly shaped by these states (Smith, 2008), those whose inclusion contributes most to the autonomy of everyone inside and outside the boundaries of the state (Agne ´, 2006), or those whose inclusion creates or restores conditions for appropriate principles of justice (Beitz, 1979: 112;Buchanan, 2004).…”
Section: Earlier Attempts At Solving the Democratic Paradoxmentioning
confidence: 99%
“…Since the aim here is for a procedural theory of democratic founding, the answer should not be based on standard substantive arguments that unilateral rights to secede exist only in response to gross violation of basic human rights (e.g. Buchanan, 2004). Instead, the method should once again be to derive implications from the concept of democracy as applied to the conditions of political founding.…”
Section: Non-voluntary Inclusionmentioning
confidence: 99%
“…We could know with certainty, for example, whether a PMSC has UN Security Council approval and could use this as the basis of our decision-making. The difficulty, though, is that the procedures of the international system possess little, if any, noninstrumental moral value in the context of humanitarian intervention (Buchanan, 2004;Teso ´n, 2006). Most notably, it is doubtful whether the procedures of the UN Security Council have intrinsic worth, given the unrepresentativeness and the undemocratic nature of Council decision-making (see Lepard 2002: 310-330).…”
Section: Consequentialist Problemsmentioning
confidence: 99%