Human Rights, Legitimacy, and the Use of Force »

Allen Buchanan is Professor of Philosophy at Duke University.

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.

Introduction 3

Pt. I Human Rights

1 Justice, Legitimacy, and Human Rights 13

2 Taking the Human Out of Human Rights 31

3 Equality and Human Rights 50

4 Human Rights and the Legitimacy of the International Order 71

Pt. II Legitimacy

5 The Legitimacy of Global Governance Institutions Allen E. Buchanan Buchanan, Allen E. Robert O. Keohane Keohane, Robert O. 105

6 The Legitimacy of International Law 134

7 Democracy and the Commitment to International Law 152

8 Constitutional Democracy and the Rule of International Law: Are They Compatible? Allen E. Buchanan Buchanan, Allen E. Russell Powell Powell, Russell 175

Pt. III The Use of Force

9 The Internal Legitimacy of Humanitarian Intervention 201

10 Beyond the National Interest 218

11 Institutionalizing the Just War 250

12 Justifying Preventive War 280

13 From Nuremburg to Kosovo: The Morality of Illegal International Legal Reform 298

Index 329