Human Rights, Legitimacy, and the Use of Force

by Allen Buchanan

The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic 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.

352 pages, Hardcover

First published December 14, 2009

About the author

Allen Edward Buchanan is the James B. Duke Professor of philosophy at Duke University and also professor of the Philosophy of International Law at the Dickson Poon School of Law at King's College, London. He received his PhD from the University of North Carolina at Chapel Hill in 1975. He taught at the University of Arizona, the University of Wisconsin–Madison, and the University of Minnesota before joining Duke's faculty in 2002 as professor of public policy and philosophy. He has written six books covering such topics as Marx, applied ethics (especially bio-medical ethics), social justice, and international justice, including the foundations of international law. Buchanan served as staff philosopher for the President's Commission on Medical Ethics in 1983. From 1996 to 2000 he served on the Advisory Council for the National Human Genome Research Institute. He is a fellow of the Hastings Center, an independent bioethics research institution.