HU 300
2011 – 12
Weeks 2 – 6
Will Cartwright
In this third year module of the Human Rights degree the four constituent disciplines – law,
philosophy, politics and sociology -return to make their contributions, having five weeks each. The
first is philosophy.
War and the Nation State
In this first part of the module we are going to consider some topics that connect with each other
and with human and other rights. We are going to begin with a debate that is being vigorously
waged. Despite having an unsavoury reputation in some of its forms, nationalism is making a comeback in philosophy as well as in the world beyond. Nationalists believe that the nation is morally and
politically important. They hold that nationality is, or can be, an important part of a person’s identity
and that we have particular responsibilities towards our fellow citizens. Cosmopolitans by contrast
think that what is more important is that we are all human beings and belong to one over-arching
community, and they suspect petty local loyalties. We will examine this debate and assess the rival
arguments, and explore the implications of it for human rights. Many believers in such rights have
thought cosmopolitanism provides a natural setting for that belief.
We will then start to move over to some questions about warfare that relate to rights. We will begin
with the general idea that states have a right that other states not intervene forcibly in their affairs.
We will explore what this right of non-intervention rests on and whether it commits one to some
version of nationalism. We will then examine two grounds for war in the light of these issues, two
grounds that have been much discussed in recent times. First we will consider the right of states to
defend themselves against aggression with particular reference to the question of whether a preemptive strike can ever be justified on grounds of self-defence. Second we will explore the
arguments for war on humanitarian grounds, to prevent violations of human rights.
Reading
Week 2 (Oct 10): Nationalism
Thom Brooks ed. The Global Justice Reader Part V.
David Miller On Nationality. The chapter called ‘The Ethics of Nationality’ is reprinted in Brooks
above, and is available as a separate item in short loan.
David Miller ‘The ethical significance of nationality’, Ethics vol 98 1988.
R.E. Goodin ‘What is so special about our fellow countrymen?’, Ethics vol 98 1988, reprinted in
Brooks above.
A. Mason ‘Special obligations to compatriots’, Ethics vol 107 1997.
D.Matravers and J.Pike eds. Debates in Contemporary Political Philosophy part 5.
David Miller ‘In defence of nationailty’, Journal of Applied Philosophy vol 10 1993; and in Matravers
and Pike above. It is also available as a separate item in short loan.
Alisdair MacIntyre ‘Is patriotism a virtue?’ in M. Rosen and J. Wolff eds. Political Thought. Also in
Matravers and Pike above.
Roger Scruton ‘In defence of the nation’ in his The Philosopher on Dover Beach. Also in Matravers
and Pike above.
S. Scheffler Boundaries and Allegiances ch 3, 5, 6.
S. Scheffler ‘The conflict between justice and responsibility’ in I. Shapiro and L. Brilmayer ed. Nomos
XLI: Global Justice. Reprinted as ch 5 of Scheffler Boundaries and Allegiances above.
S. Scheffler ‘Relationships and responsibilities’ in Philosophy and Public Affairs vol 26 1997.
Reprinted as ch 6 of Scheffler Boundaries and Allegiances above.
R. McKim and J. McMahan eds. The Morality of Nationalism part II.
T. Pogge ‘The bounds of nationalism’, ch 5 of his World Poverty and Human Rights.
Will Kymlicka Politics in the Vernacular ch 10, 11.
Week 3 (Oct 17): Cosmopolitanism
C.R.Beitz ‘Cosmopolitan ideals and national sentiment’, Journal of Philosophy vol 80 1983.
T. Pogge ‘Cosmopolitanism and sovereignty’, Ethics vol 103 1992, reprinted as ch 7 of T.Pogge World
Poverty and Human Rights.
R.W. Miller ‘Cosmopolitan respect and patriotic concern’, Philosophy and Public Affairs vol 27 1998.
J. Waldron ‘Minority cultures and the cosmopolitan alternative’, ch 4 in W. Kymlicka ed. The Rights
of Minority Cultures.
B. Ackerman ‘Rooted cosmopolitanism’ Ethics vol 104 1994.
W. Kymlicka Politics in the Vernacular ch 10.
S. Scheffler ‘Conceptions of cosmopolitanism’, ch 7 in his Boundaries and Allegiances.
David Miller ‘Cosmopolitanism: a critique’ and T. Pogge ‘Cosmopolitanism: a defence’ in Critical
Review of International Social and Political Philosophy vol 5 2002.
M. Nussbaum ‘Kant and cosmopolitanism’ in J. Bohman and M. Lutz-Bachmann eds. Perpetual
Peace: Essays on Kant’s Cosmopolitan Ideal.
Week 4 (Oct 24): The basis of non-intervention
C.R.Beitz ed. International Ethics Part IV.
M.Walzer Just and Unjust Wars ch 4. Parts of this chapter and other relevant extracts from this book
are also in Beitz above.
David Luban ‘Just war and human rights’, Philosophy and Public Affairs vol 9 1980, and also in Beitz
above.
M. Walzer ‘The moral standing of states: a reply to four critics’, Philosophy and Public Affairs vol 9
1980, and in Beitz above.
D. Luban ‘The romance of the nation state’, Philosophy and Public Affairs vol 9 1980, and in Beitz
above.
C.R. Beitz ‘Non-intervention and communal integrity’, Philosophy and Public Affairs vol 9 1980.
C.R. Beitz Political Theory and International Relations, Part II.
Week 5 (Oct 31): Self-defence and pre-emption
Thom Brooks ed. The Global Justice Reader, items 26, 28 and 29.
M. Walzer Just and Unjust Wars ch 4, 5. Ch 5 is reprinted in Brooks above as item 28.
J. McMahan ‘Just cause for war’, Ethics and International Affairs vol 19 2005; reprinted as item 29 in
Brooks above.
D. Luban ‘Preventive war’, Philosophy and Public Affairs vol 32 2004.
S.D. Wasserman ‘Justifying self-defence’, Philosophy and Public Affairs, vol 16 1987.
P. Montague ‘The morality of self-defence: a reply to Wasserman’, Philosophy and Public Affairs vol
18 1989.
J.J. Thompson ‘Self- defence’, Philosophy and Public Affairs, vol 20 1991.
J. McMahan ‘Innocence, self-defence and killing in war’, Journal of Political Philosophy vol 2 1994.
J. McMahan ‘War as self-defence’, Ethics and International Affairs vol 18 2004.
D. Rodin War and Self-Defence.
H. Shue and D. Rodin eds. Preemption.
Alan Dershowitz Preemption.
Week 6 (Nov 7): Humanitarian intervention
M. Walzer Just and Unjust Wars ch 6.
M. Walzer Arguing about War ch 5.
J.S. Mill ‘A few words on non-intervention’ in The Collected Works of J.S. Mill edited by J.M. Robson
vol XXI p 109, and also in Thom Brooks ed. The Global Justice Reader, item 25.
J. McMahan ‘Just cause for war’, Ethics and International Affairs vol 19 2005; reprinted as item 29 in
Thom Brooks ed. The Global Justice Reader.
D.Luban ‘Intervention and civilisation: some unhappy lessons of the Kosovo war’ in Pablo de Grief
and Ciarin Cronin eds. Global Justice and Transnational Politics.
D.K. Chatterjee and D. Scheid eds. Ethics and Foreign Intervention.
B. Williams ‘Humanitarianism and the right to intervene’ in his In the Beginning Was the Deed.
J. McMahan ‘Humanitarian intervention, consent and proportionality’, ch 3 in Ethics and Humanity
ed by N.A. Davis, R. Keshen and J. McMahan.