Follesdal, Andreas: Will the Reform Treaty Combat the Union’s Legitimacy Crisis?. In: Merle, Jean-Christophe (Ed.): Die Legitimität von supranationalen Institutionen der EU, pp. 112-129, LIT-Verlag, Münster, 2012. (Type: Book Chapter | Abstract | Links | Tags: EU – European Union, Federalism, Publications)@inbook{RN48050,The Constitutional Treaty (CT) and the Reform Treaty (RT) does take several valuable steps to ensure that the European Union becomes more trustworthy and comes ‘closer to the people’ – though I register some ambivalence. Section 1 provides some fragments of the history of the European Union, to justify the diagnosis that it needs increased levels of trust and arrangements for trustworthiness among Europeans and their political leaders. Section 2 argues that the European Union has certain federal elements that require four peculiar forms of ‘balancing’. Section 4 discusses the increased need for trust among Europeans. Section 4 addresses the role of the Charter on Fundamental Rights as a trust building mechanism. Sections 5 to 7 address how the CT and the RT contribute or detract from each of these three forms of balancing. The conclusion is that certain elements of the CT and of the RT would help European institutions create and maintain their own support among European citizens and officials. |
Ulfstein, Geir; Føllesdal, Andreas: Den europeiske menneskerettighetsdomstolen og Høyesterett – uavhengighet og demokratisk kontroll. In: Engstad, Nils Asbjørn; Frøseth, Astrid Lærdal; Tønder, Bård (Ed.): Dommernes uavhengighet, pp. 443-461, Fagbokforlaget, Bergen, 2012. (Type: Book Chapter | Abstract | Links | Tags: )@inbook{RN49318,. I denne artikkelen drøfter vi prøvingen av norsk rett i forhold til Den europeiske menneskerettighetskonvensjonen (EMK) ved Den europeiske menneskerettighetsdomstolen (EMD) og av Høyesterett, både ut fra demokratiske legitimitet og mulige andre grunnlag for legitim myndighetsutøvelse. Vi peker til sist på hva denne internasjonaliseringen av retten kan og kanskje bør få å si for den allmenne oppfatningen av dommernes funksjoner i det norske samfunn og deres uavhengighet – og noen konsekvenser for utvelgelsen av dommere til Høyesterett og til internasjonale domstoler og medlemmer av menneskerettslige overvåkingsorganer. |
Follesdal, Andreas: Kata pengantar [Preface]. In: Rizki, Rudi M. (Ed.): Violations of Human Rights by transnational corporations and the effort to hold them accountable, pp. vii-ix, Penerbit PT Fikahati Aneska, Jakarta, 2012. (Type: Book Chapter | Tags: Human Rights)@inbook{RN49391, |
Follesdal, Andreas: Global Distributive Justice? State Boundaries as a Normative Problem. In: Global Constitutionalism, vol. 1, no. 2, pp. 261-277, 2012. (Type: Journal Article | Abstract | Links | Tags: Human Rights)@article{RN49225,Should state borders matter for claims of distributive justice? The article explores, only to reject, the best reasons for an “Anti-Cosmopolitan” position which grants some minimum international obligations, including social and economic human rights. At the same time this Anti-Cosmopolitanism rejects distinctly distributive principles of justice, familiar from discussions of justice among compatriots: There are no further limits on permissible global inequalities. “Anti-Cosmopolitans” do not deny that the tangled web of domestic and international institutions has a massive impact on individuals, their life plans and opportunities, albeit often indirectly and surreptitiously. What they deny is that claims to equality or limits to inequality should apply across state borders. The article explores what it is about states that can justify such a disjunct in the normative claims individuals have against each other. Several arguments about such alleged salient aspects of states and their constitutions are considered, but are found lacking. The main conclusion is to challenge the reasons Anti-Cosmopolitans offer against bringing distributive principles to the “Global Basic Structure.” |
Follesdal, Andreas: Europe’s Raison d’Être: Leadership, Democracy – or both? Reflections on G. de Burca and J. Weiler. In: Maastricht Journal of European and Comparative Law, vol. 19, no. 1, pp. 7-8, 2012. (Type: Journal Article | Abstract | Links | Tags: Democratic theory, Publications)@article{RN49272,What is at stake when the EU suffers from a legitimacy deficit, and what should be done about it? As always, Gráinne de Búrca and J H H Weiler identify and illuminate central issues of concern. de Búrca adroitly pinpoints a crux of the legitimacy debates in Europe: how to secure sufficient deference to EU decisions by citizens and national authorities. She is surely right to remind us that the EU’s legitimacy neither can nor should be based simply or primarily on democratic process legitimacy. But her pessimism may be premature, and her proposal of the EU as a global actor, whilst attractive, is not yet an obvious part of the solution. …successful resolution of this carefully selected set of problems will not reduce the need for democratic accountability, deliberation and contestation, but rather seems to require more of the same. |
Erman, Eva; Follesdal, Andreas: Multiple Citizenship: Normative Ideals and Institutional Challenges. In: Critical Review of International Social and Political Philosophy, vol. 15, no. 3, pp. 279-302, 2012. (Type: Journal Article | Abstract | Links | Tags: )@article{RN49123,Institutional suggestions for how to rethink democracy in response to changing state responsibilities and capabilities have been numerous and often mutually incompatible. This suggests that conceptual unclarity still reigns concerning how the normative ideal of democracy as collective self-determination, i.e. ‘rule by the people’, might best be brought to bear in a transnational and global context. The aim in this paper is twofold. First, it analyses some consequences of the tendency to smudge the distinction between democratic theory and moral theories of legitimacy and justice. Second, it develops a conceptual framework that distinguishes between necessary conditions, aspects and aims of democracy. On this basis it specifies three objectives of democracy, some of which may also hold for multilevel governance. It is argued that there are in principle at least three reasons to value democratic institutions: they are intrinsically justified to the extent that they distribute fair shares of political influence over decision-making; they are instrumentally justified to the extent that they secure several of our other best interests, one of which is our interest in non-domination; and finally, they are also instrumentally justified insofar as they secure the just distribution of other goods. The aim of this framework is not to develop a specific theory of multilevel governance but to point at important distinctions to be made and normative criteria to be specified. The intention is to take the debate forward by noting some of the issues that any satisfactory account must address. The framework lays out the grounds for analysing the institutional challenges facing legitimate multilevel governance through what is speculatively called ‘multiple citizenship’, understood in explorative terms, opening the door for the manifold roles that citizens could and ought to play in multilevel governance, not only as democratic agents, but also as agents of democracy and agents of justice. |
Nystuen, Gro; Follesdal, Andreas; Mestad, Ola: Human Rights, Corporate Complicity and Disinvestment. Cambridge University Press, Cambridge, 2011. (Type: Book | Abstract | Links | Tags: Edited books, Human Rights, Publications, SRI – Socially responsible investing)@book{RN48520,How can businesses and their shareholders avoid moral and legal complicity in human rights violations? … In this volume legal scholars and political philosophers identify and address the intertwined issues of moral and legal complicity in human rights violations by companies and those who invest in them.. Contributors include, in addition to the editors; Simon Chesterman, Christopher Kutz, Urs Gasser, Helene Ingierd, Henrik Syse, Bruno Demeyere and Andrew Clapham |
Nystuen, Gro; Follesdal, Andreas; Mestad, Ola: Introduction. In: Nystuen, Gro; Follesdal, Andreas; Mestad, Ola (Ed.): Human Rights, Corporate Complicity and Disinvestment, pp. 1-15, Cambridge University Press, Cambridge, 2011. (Type: Book Chapter | Abstract | Links | Tags: Human Rights, Publications, SRI – Socially responsible investing)@inbook{RN48530,In the twenty-first century, questions of corporate conduct in relation to human rights have come to the forefront of public attention….Several institutional investors such as pension funds , especially responsible private funds and government funds have established policies and practices to handle issues of corporate involvement which they find unethical…. The discussions of the book lie at the intersection of three important current developments relating to normative frameworks: first, the corporate social responsibility (CSR ) discussion which addresses companies directly rather than the investors’ perspective; second, the ethical, or responsible, investment development; and third, discussions on norms for sovereign wealth funds that are investors of a special breed….It is against this normative background that this book analyses the relationships between investment, companies’ conduct and human rights…. Concepts of complicity in human rights violations are at the core of this book. They are discussed from several philosophical as well as several legal perspectives. The underlying discussion is how to establish norms for assessing corporate conduct and investors’ relationships to such conduct, and how to apply them?… |
Mansbridge, Jane J.; Bohman, James; Chambers, Simone; Estlund, David; Follesdal, Andreas; Fung, Archon; Lafont, Cristina; Bernard, Manin; Marti, José Luis: La place de l’intérêt particulier et le rôle du pouvoir dans la démocratie délibérative (The Place of Self-interest and the Role of Power in Deliberative Democracy). In: Raisons Politiques, vol. 42, pp. 47-82, 2011. (Type: Journal Article | Abstract | Links | Tags: Democratic theory, Publications)@article{RN48982,Translation of 2010 article in Journal of Political Philosophy. Cet article avance, à contre-courant de toutes les théories délibératives existantes, que les intérêts particuliers doivent être pris en compte dans la délibération démocratique. Deux conditions sont cependant nécessaires afin que l’inclusion des intérêts particuliers dans la délibération apparaisse légitime : l’idéal-régulateur d’absence de pouvoir coercitif et l’encadrement des intérêts particuliers par des principes de justice. Ceci conduit à qualifier de ‘délibératives’ des formes de négociation mettant en jeu des intérêts contradictoires, telles que la négociation intégrative et la négociation ‘parfaitement coopérative’. L’article se conclut en défendant la complémentarité de la délibération et de mécanismes démocratiques agrégatifs et non-délibératifs. Based on ‘The Place of Self-interest and the Role of Power in Deliberative Democracy’ in Journal of Political Philosophy 2010 |
Føllesdal, Andreas: Er internasjonal menneskerettighetsprøving legitim?. In: Nytt norsk tidsskrift, no. 1, pp. 71-80, 2011. (Type: Journal Article | Abstract | Tags: Human Rights)@article{RN49017,Internasjonale konvensjoner beskytter stadig flere menneskerettigheter. Mange ser dette internasjonale vernet som et stort framskritt. Samtidig spør noen seg om slike konvensjoner og deres organer er normativt legitime….Hvorfor bør også relativt velfungerende demokratiske stater ratifisere menneskerettighetskonvensjoner? Jeg vil ta til orde for en annen forståelse av demokrati enn flertallsdemokrati, nemlig et demokrati med institusjoner som kan bekrefte at myndighetene er vår tillit verdig. Da kan internasjonal menneskerettsprøving fremme oppslutning om demokratiske ordninger som er verd å forsvare framfor å være en trussel. Men et slikt forsvar for internasjonal prøving er ikke uforbeholdent: det stiller klare krav til menneskerettighetsregimenes innhold og virkemåter. |
Follesdal, Andreas; Perlmann, Joel: Can there be a Just Zionism? Does anyone care? On Chaim Gans, A Just Zionism. In: Ethical Perspectives, vol. 18, no. 4, pp. 625-32, 2011. (Type: Journal Article | Abstract | Links | Tags: )@article{RN49122,Like many secular Israelis (and most Israelis are more or less secular), Chaim Gans finds himself questioning today much of what had seemed clear about Zionism a generation ago. But unlike anyone else, Gans has endeavoured to sort out what he can still believe to be just in Zionist thinking in a sustained way… |
Follesdal, Andreas: The principle of subsidiarity as a constitutional principle in international law. In: Jean Monnet Working Paper 12/11, 2011. (Type: Journal Article | Abstract | Links | Tags: Federalism, Publications, Subsidiarity)@article{RN49138,This paper explores Subsidiarity as a constitutional principle in international law. A principle of subsidiarity regulates how to allocate or use authority within a political or legal order, and holds that the burden of argument lies with attempts to centralize authority. In EU law, a principle of subsidiarity is explicitly part of EU law at least since the Maastricht Treaty. Principles of subsidiarity are also found in the constitutions of many federal states. Some authors have appealed to a principle of subsidiarity in order to defend the legitimacy of several striking features of international law, such as the centrality of state consent, the leeway in assessing state compliance and weak sanctions in its absence. The article presents such defenses of state centric aspects of international/ law by appeals to subsidiarity, and find them wanting. Different interpretations of subsidiarity have strikingly different institutional implications regarding the objectives of the polity, the domain and role of subunits, and the allocation of authority to apply the principle of subsidiarity itself. Five different interpretations are explored, drawn from Althusius, the US Federalists, Pope Leo XIII, and others. The choice among them has drastic implications for the appropriate authority of international law and institutions vs domestic authorities – and thus for what sorts of institutional or constitutional reconfiguration should be pursued. One upshot is that the Principle of Subsidiarity cannot provide normative legitimacy to the state centric aspects of current international law on its own. It stands in need of substantial interpretation, which must be guided by normative considerations. While some versions of subsidiarity may match current practices of public international law, these are more questionable than the accounts that grant states a less central role in a legitimate multi-level legal and political order. If subsidiarity is to serve as a ‘constitutional principle’ for public international law, many crucial aspects of our legal order must be reconsidered – in particular the standing and scope of state sovereignty. |
Follesdal, Andreas: Nepal’s Constitution – Special Issue. International Journal of Minority and Group Rights, 2011. (Type: Book | Links | Tags: Nepal, Publications, Special issues)@book{RN49179, |
Follesdal, Andreas: Nepal’s Constitution Writing Process: Rebuilding the Ship while at Sea. In: International Journal of Minority and Group Rights, vol. 18, no. 3, pp. 287-291, 2011. (Type: Journal Article | Abstract | Links | Tags: Federalism, Nepal, Publications)@article{RN49023,In order to understand the recent political and constitutional events of Nepal, and to discern feasible and fair ways to move forward, it is essential to consider the complex composition, circumstances and potential for conflicts by and among the many groups and minorities that constitute the people of Nepal. The future inclusion of marginalized groups requires the drafters of the constitution to attend closely to various models and mechanisms for managing group claims and conflicts. They include a federal Nepal, various group rights, and a voting system of proportional representation. Closer scrutiny reveals that these demands may be interpreted and institutionalized in several ways consistent with the objectives and needs of the population, especially the desire to prevent domination by a predatory centre, and to bolster local autonomy. To understand and facilitate these developments, the present special issue explores several perspectives and analyses. |
Follesdal, Andreas: The Legitimacy Challenges for New Modes of Governance: Trustworthy Responsiveness. In: Government and Opposition, vol. 46, no. 1, pp. 81-100, 2011, (First as 2008 NEWGOV Report DTF/D09 , http://www.eu-newgov.org/database/DELIV/DDTFD09_Legitimacy_Challenges_for_NMG.pdf). (Type: Journal Article | Abstract | Links | Tags: EU – European Union, Publications)@article{RN48670,Of particular normative concern are two typical features of NMG: a) the delegation of regulatory activities to independent regulatory authorities at the national and the European level; and b) regulatory networks outside the legislative arenas, with both private and public actors. These features tend to make the NMG less democratically accountable. Yet some hold that NMG can confer legitimacy onto the European Union, especially because they secure ‘output’ more effectively than democratic arrangements, even though they lack any ‘input’ from voters. The present paper challenges these normative claims made on behalf of NMGs: the alleged benefits of NMG may be less than often claimed. And democratic accountability measures are less of a challenge to effectiveness and credibility, properly conceived. |
Follesdal, Andreas: Human Rights Investment Filters: A defense. In: Follesdal, Andreas; Mestad, Ola; Nystuen, Gro (Ed.): Human Rights, Corporate Complicity and Disinvestment, pp. 132-155, Cambridge University Press, Cambridge, 2011. (Type: Book Chapter | Abstract | Links | Tags: Human Rights, Publications, SRI – Socially responsible investing)@inbook{RN48540,Do investors have an obligation to not invest in corporations that contribute to human rights violations? – even when such divestment neither causes changes in the corporations, nor prevents the violations? Is there a justification of divestment that holds up even in the face of general breaches of the norms? Can such a justification avoid reliance on controversial religious views? And are there any grounds to believe that such divestment may be effective against human rights violations, even in the absence of a powerful hegemon that sanctions violations of the norms? The affirmative answers below draw on theories of legitimacy and distributive justice that regard SRI as part of a response to the challenges of globalization. Section 1 frames the issues, drawing on the discussions among Quakers on divesting from the slave trade in the 18th century. Sections 2 and 3 provide a normative defense for some minimal human rights filters on investments under economic globalization. Section 4 addresses several objections. |
Follesdal, Andreas: Föderalismus. In: Hartmann, Martin; Offe, Claus (Ed.): Politische Theorie und Politische Philosophie, pp. 95-98, C.H.Beck, Munich, 2011. (Type: Book Chapter | Abstract | Tags: Federalism, Publications)@inbook{RN48990,(In German) In federal political orders political authority is divided, often constitutionally, between at least two levels so that units at each level have final authority and can be self governing in some issue area. …… |
Follesdal, Andreas: Federalism, Ethnicity and Human Rights in Nepal – Or: Althusius meets Acharya. In: International Journal of Minority and Group Rights, vol. 18, no. 3, pp. 335-342, 2011. (Type: Journal Article | Abstract | Links | Tags: Federalism, Human Rights, Nepal, Public policy, Publications)@article{RN48871,The article addresses one of the difficult tasks of the Nepal Constituent Assembly: how to translate the idea and mechanisms of federalism in ways that are faithful to the best interests of the Nepal people into a constitution of a democratic, human rights-respecting Nepal republic. The reflections concern four varieties of federal elements, discussing arguments in favour and against each drawn from an interpretation of other states’ experiences. Two of the four are territorial: constitutional: an entrenched split of powers, and political: decentralised autonomy. Two are non-territorial: minority rights and minority representation in common decision making bodies. Some of these arguments and lessons may be helpful also for Nepal’s challenges, two features of which are especially noteworthy: there are very many diff erent groups that must be accommodated fairly. And members of these groups very often live side by side on the same territory. Human rights protections combined with federal elements of Nepal’s new Constitution must serve to prevent future domination, especially by the centres, over these many ethnic groups and castes. |
Follesdal, Andreas: The Distributive Justice of a Global Basic Structure: A Category Mistake?. In: Politics, Philosophy and Economics, vol. 10, no. 1, pp. 46-65, 2011. (Type: Journal Article | Abstract | Links | Tags: John Rawls)@article{RN48747,The present article explores ‘anti-cosmopolitan’ arguments, that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitann’ arguments. Section 2 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply to individuals? Such norms may require strict equality, Rawls’ Difference Principle, or other constraints on inequality. Section 2 considers, and rejects, several arguments why existing international institutions are not thought to meet these conditions. |
Follesdal, Andreas: Cosmopolitanism in Practice? The case of the Norwegian Government Pension Fund. In: Bailliet, Cecilia; Aas, Katja Franko (Ed.): Cosmopolitan justice and its discontents, pp. 205-217, Routledge, Milton Park, 2011. (Type: Book Chapter | Abstract | Links | Tags: Publications, SRI – Socially responsible investing)@inbook{RN48827,One area where calls for reform of global regimes and of the actors within them are very vocal and visible concerns the responsibilities of corporations and investors. The normative constraints on the investments of the Norwegian Government Pension Fund may be explained and assessed by such trends and standards. The following reflections first comment on globalisation and moral cosmopolitanism. Section 2 lays out a ‘standard’ case for why corporations may legitimately restrict their objectives to value creation for their owners – within domestic settings – and why this argument fails to hold under circumstances of globalisation. Section 3 presents some of the most salient normative objectives and standards for investors, concerning shareholder activism and exclusion. Sections 4 and 5 present the Norwegian Pension Fund Global and how its Council on Ethics brings certain normative standards to bear. Section 6 considers potential conflicts and benefits of coordination between two activities: those of shareholder activism and exclusion, arguing for certain ways to address the conflicts from a cosmopolitan perspective. Section 7 concludes by drawing some lessons from this case. |
Follesdal, Andreas: Cosmopolitan Democracy: neither a Category Mistake nor a Categorical Imperative. In: Archibugi, Daniele; Koenig-Archibugi, Mathias; Marchetti, Raffaele (Ed.): Global Democracy, pp. 96-114, Cambridge University Press, Cambridge, 2011. (Type: Book Chapter | Abstract | Links | Tags: Democratic theory, Publications)@inbook{RN48745,This chapter mainly considers and rebuts some of the objections raised against making multilevel governance more democratic, namely those that regard this as a fundamentally mistaken requirement – close to a category mistake. |
Mansbridge, Jane J.; Bohman, James; Chambers, Simone; Estlund, David; Follesdal, Andreas; Fung, Archon; Lafont, Cristina; Bernard, Manin; Marti, José Luis: The Place of Self-interest and the Role of Power in Deliberative Democracy. In: Journal of Political Philosophy, vol. 18, no. 1, pp. 64-100, 2010. (Type: Journal Article | Links | Tags: Democratic theory, Publications)@article{RN48811, |
Føllesdal, Andreas: Om åpenhet og uavhengighet. In: Nytt norsk tidsskrift, vol. 27, no. 1-2, pp. 192-197, 2010. (Type: Journal Article | Abstract | Links | Tags: Policy advice)@article{RN48841,Norges Bank kombinerer «udemokratisk» uavhengighet med en del åpenhet om beslutningene og beslutningsgrunnlaget. Begge deler er forsvarlig i et demokrati, men vi må avklare hva slags åpenhet om slike organer vi trenger. Vi ser først på fire begrunnelser for uavhengighet, og hvilke av dem som gjelder for Norges Bank; deretter på fire grunner til åpenhet. Flere av dem gjelder for Norges Bank. Artikkelen drøfter til sist én mulig endring i dagens praksis: om vi bør få mer innblikk i enkeltmedlemmene i Hovedstyrets begrunnelser og voteringer om rentefastsettelsen. |
Føllesdal, Andreas: Geokratiet – Valglovens demokratiske underskudd. In: Norsk statsvitenskapelig tidsskrift, vol. 26, no. 2, pp. 149-160, 2010. (Type: Journal Article | Abstract | Links | Tags: )@article{RN48977,Valglovutvalget ble oppnevnt i 1997 for å gjennomgå valgloven og valgordningen i Norge og foreslå endringer. Utvalget foreslo en ny valgordning som skulle sikre at vi fortsetter å leve i det som kan beskrives som et «geokrati»: Mandatfordelingen mellom fylkene er en funksjon av en grunnlovsfestet fordelingsnøkkel der hver innbygger teller 1, og hver kvadratkilometer teller 1,8…. Et tilsiktet resultat er dermed at innbyggere i folkerike, små fylker – typisk byfylkene – blir underrepresentert på Stortinget…. skjevfordelingen kan gjøre det vanskeligere – og oftere – maktpåliggende for politikerne å begrunne beslutningene sine når aksjonsgrupper spør med hvilken rett Stortinget lager lover de opplever som urettferdige. …Spørsmålet er da om geokratiske vedtak lar seg forsvare – når det slett ikke er slik at Stortinget gir uttrykk for alles likeverd som politiske borgere. |
Follesdal, Andreas: Universal Human Rights as a Shared Political Identity: Impossible? Necessary? Sufficient?. In: Tinnevelt, Ronald; Schutter, Helder (Ed.): Global Democracy and Exclusion, pp. 161-176, Whiley-Blackwell, Chichester, 2010. (Type: Book Chapter | Abstract | Links | Tags: Human Rights)@inbook{RN49016,Reprint from Metaphilosophy, 2009, (1): 65-76 – Special issue on global democracy and global exclusion |
Follesdal, Andreas: On transparency and independence. In: Norges Banks skriftserie/Occasional Papers, no. 41, pp. 22-28, 2010. (Type: Journal Article | Abstract | Links | Tags: )@article{RN48957,Norges Bank combines «undemocratic» independence with some degree of transparency about decisions and the decision-making basis. Both can be justified in a democracy. I first look at four arguments for independence, and which of these apply to Norges Bank; then four reasons for transparency, and ask which of these apply to Norges Bank. I conclude by discussing one possible change in the current practice: Should we have greater access to the reasons given and the votes cast by the individual members of the Executive Board in connection with the interest rate decision? |
Follesdal, Andreas: Non-State Oriented Political Theory: A Critical Assessment. In: Neyer, Jurgen; Wiener, Antje (Ed.): Political Theory of the European Union, pp. 205-212, Oxford University Press, Oxford, 2010. (Type: Book Chapter | Abstract | Links | Tags: EU – European Union, Publications)@inbook{RN48744,What standards of normative legitimacy are required to assess whether such multilevel, non-state political orders are just and legitimate?—that is: what conditions must be satisfied, if its subjects are to have a moral obligation to obey the authorities and institutions, and so that non-members have a moral obligation to recognize it as deserving of standing and immunity as a member of the international and global order? This chapter discusses four central topics high on the research agenda, topics illuminated by the other contributions of the volume, but which merit even further attention. |
Bellamy, Richard; Castiglione, Dario; Follesdal, Andreas; Weale, Albert: Evaluating Trustworthiness, Representation and Political Accountability in New Modes of Governance. In: Heretier, Adrienne; Rhodes, Martin (Ed.): New Modes of Governance in Europe, pp. 135-162, Palgrave Macmillan, Houndmills, Basingstoke, 2010. (Type: Book Chapter | Links | Tags: )@inbook{RN48842, |
Follesdal, Andreas; Pogge, Thomas: Human Rights: Normative Requirements and Institutional Constraints – Special Issue. Journal of Social Philosophy, 2009. (Type: Book | Links | Tags: Human Rights, Special issues)@book{RN48808, |
Føllesdal, Andreas: “Hva slags likhet, hvorfor likhet? Amartya Sen, John Rawls og Hilde Bojer om funksjoner, rettigheter og mulighetsrom”. In: Hylland, Aanund; Bjerkholt, Olav; Skrede, Kari; Ofstad, Bjørg (Ed.): Rettferd og politikk, pp. 71-88, Emilia, Oslo, 2009. (Type: Book Chapter | Links | Tags: John Rawls)@inbook{RN48560, |
Follesdal, Andreas; Wind, Marlene: Judicial Review in the Nordic Countries – Special Issue. 2009. (Type: Book | Links | Tags: Human Rights, Special issues)@book{RN48799, |
Follesdal, Andreas; Wind, Marlene: Introduction: Nordic Reluctance towards Judicial Review under Siege. In: Nordic Journal of Human Rights, vol. 27, no. 2, pp. 131-141, 2009. (Type: Journal Article | Abstract | Links | Tags: EU – European Union, European Court of Human Rights, Human Rights, Publications)@article{RN48800,Is judicial review in accordance with our democratic sensibilities? In a Nordic context this question has caused much public consternation in all five countries in recent years,…. Not only has the European Court of Justice cemented its powers with the EU’s enlargement and with EU legislation on the rise and becoming increasingly open to interpretation; the Strasbourg court and other international dispute-settlement bodies have also become more powerful. In the Nordic countries, judicial review has generated a wide debate not only among specialists but equally among the wider public…. Of central concern in this special issue … is the effect on the Nordic countries and what we refer to as European Judicial Review: review of domestic legislative acts on the basis of the European Convention on Human Rights and the European Union Treaties, on the basis of judgments by the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). Constitutional and judicial review covers several other topics, and the two courts pose several further important challenges beyond our current concern: … the normative legitimacy of European Judicial Review and the way judicial review by courts has been received in the Nordic democracies. |
Follesdal, Andreas: Why the European Court of Human Rights might be Democratically Legitimate – A Modest Defense. In: Nordic Journal of Human Rights, vol. 27, no. 2, pp. 289-303, 2009. (Type: Journal Article | Abstract | Links | Tags: European Court of Human Rights, Human Rights)@article{RN48700,Several Nordic countries witness increased criticism against international human rights courts as undemocratic and hence illegitimate. The strongest normative case against the international judicial review could be directed at the European Court on Human Rights (ECtHR), which monitors many well-functioning democracies. Section 1 lists normative objections to judicial review in general. Section 2 sketches a normative defense this practice, and Section 3 presents some relevant aspects of the ECtHR. Section 4 returns to consider the various objections. The mandate, composition, institutional environment and mode of operation of the ECtHR renders it immune to several of these criticisms. The conclusion identifies some objections that merit further attention, both for empirical research and for normative analysis. |
Follesdal, Andreas: When ‘Common Interests’ are not Common: why the ‘Global Basic Structure’ should be democratic. In: Indiana Journal of Global Legal Studies, vol. 16, no. 2, pp. 585-604, 2009. (Type: Journal Article | Links | Tags: )@article{RN48692, |
Follesdal, Andreas: Universal Human Rights as a Shared Political Identity: Impossible? Necessary? Sufficient?. In: Metaphilosophy, vol. 40, no. 1, pp. 65-76, 2009, (Special issue on global democracy and global exclusion). (Type: Journal Article | Links | Tags: Human Rights)@article{RN48510, |
Follesdal, Andreas: Methods of Philosophical Research on Human Rights. In: Coomans, Fons; Kamminga, Menno; Grunfeld, Fred (Ed.): Methods of Human Rights Research, Intersentia, Antwerp, 2009. (Type: Book Chapter | Abstract | Links | Tags: Human Rights)@inbook{RN48470,there is no unique philosophical method for good philosophical work on issues of human rights. To the contrary, the same method should govern such research as other philosophical work: the method of ‘reflective equilibrium’ which seeks the mutual accommodation of moral judgments at various levels of generality to arrive at a consistent theory. One of the central philosophical topics – and one which also seems to create confusion among philosophers and other scholars alike – concerns the appropriate relationship between international, legally binding human rights norms and ‘moral’ or philosophical human rights. One source of confusion is that they both serve as critical standards for, or constraints on, domestic legislation. For this reason they sometimes seem to be conflated. The article considers two prominent recent attempts at addressing or using that relationship: those of Amartya Sen and Charles Beitz, and uses the method of Reflective Equilibrium to indicate some of their strengths and weaknesses. |
Follesdal, Andreas: The legitimacy of international human rights review: The case of the European Court of Human Rights. In: Journal of Social Philosophy, vol. 40, no. 4, pp. 595-607, 2009. (Type: Journal Article | Abstract | Links | Tags: European Court of Human Rights, Human Rights)@article{RN48746,The literature concerning judicial review reveals a long list of misgivings of such constraints on domestic democratic decision-making. Of concern here are some of the principled objections against the practice of international judicial review of human rights, using the European Court of Human Rights (ECtHR) as a suitable case. The focus is on two main concerns. Such review seems to violate the commitment to political equality expressed by majority rule, and it is thought to rely on a problematic, predatory conception of human nature. Jeremy Waldron, Richard Bellamy and others have argued these concerns, often from quite plausible normative premises concerning an individual’s sense of justice and the need to avoid domination. Section 1 presents these criticisms. Section 2 then sketches an alternative way to bring normative requirements to bear on institutional design – Liberal Contractualism – which stands in some contrast especially to that of Waldron. Three main features are laid out, to bring out weaknesses in how Waldron and Bellamy use their normative premises to assess a practice or an institution. Central to this liberal contractualism is a particular institutionalist approach, and a concern for trust-building institutions among individuals who are ‘contingent compliers’ with a sense of justice. This account is somewhat more kindly disposed toward international judicial review of human rights, at least in principle. Section 3 then goes back to the criticisms presented in Section 1, and considers the merits of each. Section 4 concludes by identifying some of the weak spots in the case for international human rights review as hitherto made. |
Follesdal, Andreas: If there is no common and unique European identity, should we create one?. In: Holtug, Nils; Lippert-Rasmussen, Kasper; Lægaard, Sune (Ed.): Multiculturalism and nationalism in a world of immigration, pp. 194-227, Palgrave, Basingstoke, 2009. (Type: Book Chapter | Links | Tags: Publications)@inbook{RN48120, |
Follesdal, Andreas: How to bring normative requirements to bear on institutions beyond the state. In: Journal of Social Philosophy, vol. 40, no. 4, pp. 461-465, 2009. (Type: Journal Article | Links | Tags: )@article{RN48772, |
Wouters, Jan; Wessel, Ramses; Follesdal, Andreas: Multilevel regulation and the EU: a brief introduction. In: Follesdal, Andreas; Wessel, Ramses; Wouters, Jan (Ed.): Multilevel Regulation and the EU: The interplay between Global, Europan and National normative processes, pp. 1-6, Martinus Nijhoff, Leiden, 2008. (Type: Book Chapter | Links | Tags: )@inbook{RN48190, |
Føllesdal, Andreas: Menneskerettighetenes verdigrunnlag. In: Bergesen, Helge Ole; Ryssevik, Jostein; Føllesdal, Andreas; Heir, Marianne (Ed.): Politikk og menneskerettigheter, Chapter 1, pp. 8-31, Aschehoug, Oslo, 2008. (Type: Book Chapter | Tags: Human Rights)@inbook{RN48615, |
Follesdal, Andreas; Wessel, Ramses; Wouters, Jan: Multilevel Regulation and the EU: The interplay between Global, Europan and National normative processes. Martinus Nijhoff, Leiden, 2008. (Type: Book | Links | Tags: Edited books)@book{RN45950, |
Follesdal, Andreas: Subsidiarität. In: Gosepath, Stefan; Hinsch, Wilfried; Rössler, Beate (Ed.): Handbuch der Politischen Philosophie und Sozialphilosophie, vol. 2, pp. 1307-1313, Gruyter, Berlin, 2008. (Type: Book Chapter | Links | Tags: )@inbook{RN37570, |
Follesdal, Andreas: On accountability and legitimacy in the EU: Facing the issue of Assurance. In: NEWGOV Cluster Documents – DTF – D08, 2008. (Type: Journal Article | Abstract | Links | Tags: Democratic theory, Human Rights, Publications)@article{RN48130,This report lays out a unified account of the complex and confusing relationship between le-gitimacy, democracy and accountability. The reasons we have to value accountability mecha-nisms and democratic arrangements also lend support to some modes of accountability that lack strong enforcement mechanisms or ultimate electoral accountability, and that all of these forms may further the normative legitimacy of a political order. They may help address the manifold needs of assurance among citizens regarded as ‘contingent compliers,’ – willing to do their share in just schemes, if they are assured that others act likewise. This general per-spective is brought to bear on some salient features of the ‘Constitutional Treaty’ of the Euro-pean Union that might have enhanced the normative legitimacy of the EU: Democratic ac-countability of EU bodies toward European and national parliaments, accountability for sub-sidiarity toward national parliaments; and accountability of national and EU bodies to interna-tional courts with regard to human rights. Such accountability mechanisms, democratic and otherwise, may assure citizens that the institutions and offices satisfy the appropriate stan-dards of legitimacy, and that most other citizens and officials actually do their share. |
Follesdal, Andreas: International Judicial Human Rights Review – Effective, Legitimate or Both?. In: Sihvola, Juha; Korkman, Peter; Mäkinen, Virpi (Ed.): Universalism in International Law and Political Philosophy, COLLeGIUM, Helsinki, 2008. (Type: Book Chapter | Abstract | Links | Tags: Human Rights)@inbook{RN46220,Reprint of Follesdal 2007 in Scandinavian Studies in Law |
Follesdal, Andreas: Human Rights, Democracy and Federalism – part of the problem or part of the solution? Securing stability in the European Union and the People’s Republic of China. In: Current Politics and Economics of Asia, vol. 17, no. 1, pp. 211-236, 2008. (Type: Journal Article | Links | Tags: Democratic theory, EU – European Union, Federalism, Human Rights, Publications)@article{RN47730, |
Follesdal, Andreas: How to Organize Democracy in Multi-level and Multi-cultural States: Can it be done? Should it be done? [In Chinese]. In: Hong, Zhou; Kohler-Koch, Beate (Ed.): EU Governance Model, pp. 102-126, Social Science Academy Press Chinese Academy of Social Science, Beijing, 2008. (Type: Book Chapter | Abstract | Links | Tags: Democratic theory, EU – European Union, Human Rights, Publications)@inbook{RN47700,Section 1 provides some background of the history of the European Union that explains the increased need for trust and trustworthiness among Europeans and their political leaders. Section 2 gives a brief sketch of some reasons for democratic rule, constrained by human rights. Furthermore, I also indicate where we find some of these claims in ancient Confucian thought. Sections 3 and 4 consider some objections: why democracy might not be thought appropriate for the large and complex European order. I shall argue that these objections do not stand up to scrutiny. Section 5 concludes by considering why and how the Reformed Treaty might enhance democratic accountability and human rights promotion within the EU. |
Follesdal, Andreas: European Union Citizenship. In: EU research in social sciences and humanities : Policy Synthesis of EU Research Results, 2008. (Type: Journal Article | Abstract | Links | Tags: Consultancy, EU – European Union, Public policy, Publications)@article{RN48787,This policy review on the first wave of research projects on citizenship is the work of an independent scholar, Andreas Follesdal, and took place in the context of a broader exercise of reviewing results of projects funded under the 5th Framework Programme in the social sciences. |
Follesdal, Andreas: Equality of Education and Citizenship: Challenges of European Integration. In: Studies in Philosophy and Education, vol. 27, no. 5, pp. 335-354, 2008, (Revised version
DOI 10.1007/s11217-007-9050-6
Notes: art. reference SPED18R2). (Type: Journal Article | Abstract | Links | Tags: Gender, Publications)@article{RN46230,What kind of equality among Europeans does equal citizenship require, especially regarding education? In particular, is there good reason to insist of equality of education among Europeans—and if so, equality of what? To what extent should the same knowledge base and citizenship norms be taught across state borders and religious and other normative divides? At least three philosophical issues merit attention: (a) The requirements of multiple democratic citizenships beyond the nation state; (b) how to respect diversity while securing such equality and inculcating commitments to justice and norms of citizenship, and (c) The multiple reasons for equality of various kinds among political equals living in a Union as compared to a unitary state. The article responds on the basis of several arguments in favour of certain kinds of equality. All Union citizens must enjoy a high minimum level of education, and all pupils must be informed concerning the various ways of life prevalent in Europe. Furthermore, there must be standards for securing equality of opportunity across the EU, though it is difficult to measure under multiculturalism. Citizens must also be socialised to certain ‘citizenship norms’. This shared basis to be taught in schools should avoid contested religious or philosophical premises as far as possible. Yet the school system should socialise pupils to three commitments: to the just domestic and European institutions and hence the legislation they engender, to principles that justify these institutions; and to a political theory that grounds these principles in a conception of the proper role of individuals, of member states and of the Union. I also argue that equality of result is not a plausible normative requirement among Europeans, while equality of opportunity is. The paper concludes with some comments on the lessons to be drawn for ‘Global’ citizenship. |
Follesdal, Andreas: Epilogue: Toward more legitimate multilevel regulation. In: Follesdal, Andreas; Wessel, Ramses; Wouters, Jan (Ed.): Multilevel Regulation and the EU: The interplay between Global, Europan and National normative processes, pp. 377-398, Martinus Nijhoff, Leiden, 2008. (Type: Book Chapter | Abstract | Tags: )@inbook{RN48280,“Four issues in particular require attention for MLG: the jurisdiction and authority of various issue-specific regulations must be clarified, both where they overlap and where they leave gaps. Greater transparency is important, partly to aviod collusion and hidden controversial choices. Monitoring mechanisms would reduce the risk that such regulations oever time yield bad and ineffective solutions, and would increase their trustworthiness in this regard. To increase their normative legitimacy they may have to be supplemented by, or nested within, institutions that are democratically accountable.” (378) |
Bergesen, Helge Ole; Ryssevik, Jostein; Føllesdal, Andreas; Heir, Marianne: Politikk og menneskerettigheter. Aschehoug, Oslo, 2008. (Type: Book | Tags: Human Rights)@book{RN48614, |
Follesdal, Andreas: Federalism. In: Goodin, Robert E.; Pettit, Philip; Pogge, Thomas (Ed.): A companion to contemporary political philosophy, Blackwell, Oxford, 2007. (Type: Book Chapter | Links | Tags: Federalism)@inbook{RN42420, |
Micheletti, Michele; Follesdal, Andreas: Shopping for Human Rights. An introduction to the Special Issue. In: Journal of Consumer Policy – Shopping for human rights – special issue, vol. 30, no. 3, pp. 167-175, 2007. (Type: Journal Article | Links | Tags: Human Rights)@article{RN47130, |
Micheletti, Michele; Follesdal, Andreas: Shopping for human rights – Special issue. Journal of Consumer Policy, 2007. (Type: Book | Links | Tags: Human Rights, Publications, Special issues)@book{RN47120, |
Follesdal, Andreas; Giorgi, Liana; Heuberger, Richard: Envisioning European solidarity between welfare ideologies and the European Social Agenda. In: Innovation, vol. 20, no. 1, pp. 75-92, 2007, (Notes:). (Type: Journal Article | Links | Tags: )@article{RN40870, |
Follesdal, Andreas: Would the Constitutional Treaty help alleviate the Union’s legitimacy crisis?. In: Scandinavian Studies in Law, vol. 52, pp. 371-382, 2007. (Type: Journal Article | Links | Tags: )@article{RN48160, |
Follesdal, Andreas: Why international human rights judicial review might be democratically legitimate. In: Scandinavian Studies in Law, vol. 52, pp. 103-122, 2007. (Type: Journal Article | Links | Tags: Human Rights)@article{RN44670, |
Follesdal, Andreas: Toward self-sustaining stability? How the Constitutional Treaty would enhance forms of institutional and national balance. In: Regional and federal studies, vol. 17, no. 3, pp. 353-374, 2007. (Type: Journal Article | Links | Tags: Federalism, Publications)@article{RN47690, |
Follesdal, Andreas: The sort of Nationalism and Patriotism that Europe Needs. In: Syse, Henrik; Reichberg, Greg (Ed.): Ethics, Nationalism, and Just War: Medieval and Contemporary Perspectives, pp. 267-289, Catholic University of America Press, Washington DC, 2007. (Type: Book Chapter | Abstract | Links | Tags: )@inbook{RN43490,First published in Journal of Peace Research 2000 |
Follesdal, Andreas: Securing equality and citizenship under European Integration. In: Burbules, Nicholas; Roth, Klas (Ed.): Changing Notions of Citizenship Education in Contemporary Nation-states, pp. 77-99, Sense Publishers, Rotterdam, 2007. (Type: Book Chapter | Links | Tags: )@inbook{RN45400, |
Follesdal, Andreas: Normative Political Theory and the European Union. In: Jorgensen, Knud Erik; Pollack, Mark A.; Rosamund, Ben (Ed.): Handbook of European Union Politics, pp. 317-335, Sage, London, 2007. (Type: Book Chapter | Abstract | Links | Tags: EU – European Union, Publications)@inbook{RN44540,The French and Dutch referendum rejections of the Constitutional Treaty on Europe brought political attention to simmering academic debates about the EU’s legitimacy and identity, which form core topics of normative political theory. This review presents some of the central approaches and research issues of the political theory of the European Union. The “normative turn in EU studies” (Bellamy and Castiglione 2003) is evident in several research topics addressed by normative political theorists. Section 1 gives a brief overview. The field.has a long though meagre pedigree, some highlights are sketched in section 2. Worries about a ‘democratic deficit’ did not emerge in response to the Constitutional Treaty. To the contrary, such concerns fuelled the call for such a constitution, and they gained political salience already in response to the contentious Maastricht Treaty ratification process. That recent history is sketched in section 3. Popular and legal conflicts strengthened the claims of many politicians and scholars that the European Union suffered from a ‘legitimacy deficit’ that had yet to be resolved. Section 4 dissolves this apparent consensus by exploring experts’ different choices of symptoms, diagnosis and prescriptions regarding this deficit. Section 5 provides a taxonomy of concepts of legitimacy, institutional mechanisms of legitimation, and objects of legitimacy. Section 6 combines several though not all – of these disjointed insights into a somewhat unified perspective that incorporates empirical concepts of legitimacy as compliance in an account of citizens’ political obligation to obey normatively legitimate political orders regarded as an assurance problem faced by ‘conditional compliers’ under complex structures of interdependence. Section 7 concludes with a sketch of some current normative research on the European Union |
Follesdal, Andreas: Legitimacy Deficits beyond the State: Diagnoses and Cures. In: Hurrelmann, Achim; Schneider, Steffen; Steffek, Jens (Ed.): Legitimacy in an Age of Global Politics, pp. 211-228, Palgrave, Houndmills, Basingstoke, 2007. (Type: Book Chapter | Abstract | Links | Tags: EU – European Union, Publications)@inbook{RN45260,To what extent should the terms and institutions of normative legitimacy and legitimation apply to entities ‘beyond the state’: international or transnational public or private bodies in general, and the European Union in particular?…the academic and political debates about the Legitimacy Deficit of the European Union have revealed deep disagreements about alleged symptoms, diagnosis and prescriptions to alleviate such a deficit as there might be. The present paper first considers the claim, only to deny it, that attempts at applying considerations of legitimacy to such bodies are fundamentally misguided. Section 2 seeks to provide an overview of these disagreements, and then offers some suggestions for how to alleviate those deficits there may be.. Section 4 offers some reflections on how institutions may bolster the requisite forms of legitimacy, especially democratic accountability, and indicates some of the main challenges that face efforts to enhance the democratic legitimacy of international and transnational bodies. |
Follesdal, Andreas: If Union Citizenship is the right answer, what is the question?. In: Foradori, Paolo; Piattoni, Simona; Scartezzini, Riccardo (Ed.): European Citizenship: Theories, Arenas, Levels, pp. 123-134, Nomos, Baden-Baden, 2007. (Type: Book Chapter | Abstract | Links | Tags: )@inbook{RN42890,A political theory of Union Citizenship has little to build on to answer questions about the most defensible role and contents of the office of Union citizenship. The chapter presents and defends some components of such an account. It interprets Union citizenship as one means to provide much needed assurance and trust in a multi-level political order with democratic procedures. This fits with the received view among scholars, that Union Citizenship was introduced in an attempt to create a closer bond between Europeans and the Union institutions. Section 1 sketches the increased need for complex forms of trust among ever more interdependent Europeans. Section 2 draws on the literature on Assurance Games to explain one important role of citizens’ socialization to certain civic duties. Section 3 identifies some elements of such civic duties in the EU on the basis of a distinct Liberal Contractualist normative theory. Section 4 contrasts this account with those of Jürgen Habermas and David Miller. |
Follesdal, Andreas: Ethical Investment and Human Rights: A Norwegian Case. In: Nordic Journal on Human Rights, vol. 25, no. 4, pp. 420-433, 2007. (Type: Journal Article | Tags: Human Rights, Publications, SRI – Socially responsible investing)@article{RN47910, |
Follesdal, Andreas; Hix, Simon: Why there is a Democratic Deficit in the EU: A Response to Majone and Moravcsik. In: Journal of Common Market Studies, vol. 44, no. 3, pp. 533-62, 2006. (Type: Journal Article | Abstract | Links | Tags: Democratic theory, Publications)@article{RN44280,Giandomenico Majone and Andrew Moravcsik have argued that the EU does not suffer a ‘democratic deficit’. We disagree about one key element: whether a democratic polity requires contestation for political leadership and over policy. This aspect is an essential element of even the ‘thinnest’ theories of democracy, yet is conspicuously absent in the EU. This aspect, which is ultimately the difference between a democracy and an enlightened form of benevolent authoritarianism, is an essential element of even the ‘thinnest’ theories of democracy, yet is conspicuously absent in the EU. We then discuss what we think can be done to reduce the democratic deficit in the EU, and whether the Constitutional Treaty would go some way to achieving this goal. |
Follesdal, Andreas; Butenschon, Nils: Do minority and group rights promote just stability in non-unitary political orders? A Research Agenda. In: International Journal on minority and group rights, vol. 13, no. 2-3, pp. 141-152, 2006. (Type: Journal Article | Abstract | Tags: Human Rights)@article{RN43200,Special issue on Human Rights and the Accommodation of Difference |
Follesdal, Andreas: Why the EU does not need a uniform approach to Human Rights. In: Melchior, Josef (Ed.): New Spaces of European Governance, Facultas, Vienna, 2006. (Type: Book Chapter | Links | Tags: Human Rights)@inbook{RN44820, |
Follesdal, Andreas: The value added of theories of deliberative democracy: where (not) to look. In: Besson, Samantha; Martí, José Luis (Ed.): Deliberative Democracy and Its Discontents, pp. 57-72, Ashgate, Aldershot, 2006. (Type: Book Chapter | Abstract | Links | Tags: Democratic theory, EU – European Union, Publications)@inbook{RN41930,At least five theoretical issues deserve attention if we want empirical research to confirm or disconfirm particular Theories of Deliberative Democracy (TDD) (1) What are the characteristics and the main claims of interesting and distinct TDD? (2) Which are the best alternative theories and their implications? (3) Does deliberation actually occur in ways that only some TDD can explain? (4) Which institutional and cultural factors are conducive to normatively attractive deliberation, and under what conditions? (5) How just, reasonable or legitimate are the outcomes of a proposed theory, both when its norms are generally complied with and under conditions of partial compliance? The present brief reflections contribute to the first two of these topics, to help identify the theoretical work required to proceed with relevant empirical research. I shall argue that this task requires a reconfiguration of the theoretical ideal types and distinctions prevalent in the literature on TDD. This focus on the explanatory value added of TDD by means of an empirical research agenda highlights two weaknesses of some of the literature. Section 2 explains how some of the influential literature on deliberative democracy uses “deliberation” in a too broad sense. This point is briefly substantiated by Jon Elster’s influential discussion. A second weakness is that the competing theories used as backdrop for statements of TDD are presented as “ideal type” straw men rather than selected as the best competitors. Section 3 shows how TDD often have been contrasted with a particularly narrow version of rational choice theory and bargaining theory, instead of more plausible competitors. Unfortunately, this straw man has been labeled “liberal” in ways that has caused confusion. Some research on alleged sightings of deliberation in the European Union institutions illustrates the methodological challenges of such skewed comparisons. Section 4 argues that TDDs must identify their main claims more carefully against the best contenders in each case so as to allow better empirical research. |
Follesdal, Andreas: Towards a Stable Federal Finalité? Forms and Arenas of Institutional and National Balances in the Constitutional Treaty for Europe. In: Trechsel, Alexander (Ed.): Towards a Federal Europe?, 2006. (Type: Book Chapter | Abstract | Links | Tags: Federalism, Publications)@inbook{RN48582,First published in Journal of European Public Policy 2005, June |
Follesdal, Andreas: Subsidiarity, Democracy and Human rights in the Constitutional Treaty for Europe. In: Journal of Social Philosophy, vol. 37, pp. 61-80, 2006, (Special issue on Globalisation and Democracy). (Type: Journal Article | Abstract | Links | Tags: Democratic theory, Federalism, Human Rights, Publications, Subsidiarity)@article{RN43210,The article discusses whether three particular arrangements of this Constitutional Treaty indeed increase the normative legitimacy of the EU. The mechanisms that increase subsidiarity, democracy, and human rights do enhance the legitimacy of the EU, but they are incompletely developed in the document; they stand in some internal tension, and seem partly at odds with standard normative theory. These challenges may also be relevant for other attempts at creating other transnational, legitimate forms of governance at the regional or global levels. Section 1 provides some background as to the historical development of the EU, the tasks of constitutions, and federalism and the complex forms of trustworthiness needed in these political orders. The next three sections discuss subsidiarity, democracy, and human rights, respectively. |
Follesdal, Andreas: The Legitimacy Deficits of the European Union. In: Journal of Political Philosophy, vol. 14, no. 4, pp. 441-468, 2006. (Type: Journal Article | Abstract | Links | Tags: EU – European Union, Publications)@article{RN42960,The legitimacy of the European Union has become a popular academic and political issue, stimulating debate about alleged symptoms, diagnosis and prescriptions. This article presents some of the central approaches and research issues, as well as an account of legitimacy that accommodates several but not all contributions. The ‘normative turn in EU studies’ has tended to address how the European level institutions should be governed.1 This subject gained political salience largely in response to the contentious Maastricht Treaty ratification process, sketched in Section I. Popular and legal conflicts strengthened the claims of politicians and scholars that the European Union suffered from a ‘legitimacy deficit’ that has yet to be resolved. Section II dissolves this apparent consensus by exploring experts’ different choices of symptoms, diagnosis and prescriptions regarding this deficit. Section III provides a taxonomy of concepts of legitimacy, institutional mechanisms of legitimation and objects of legitimacy. Section IV perhaps over-ambitiously seeks to combine several of these disjointed insights into a somewhat unified perspective. It incorporates empirical concepts of legitimacy as compliance in an account of citizens’ political obligation to obey normatively legitimate political orders. On this account, a normative duty to obey political commands requires firstly, that the commands, rulers and regime are normatively legitimate, and secondly, that citizens also have reason to trust in the future compliance of other citizens and authorities with such commands and regimes. To merit obedience, institutions must thus address the assurance problems faced by ‘conditional compliers’ under complex structures of interdependence. I suggest that this perspective helps address some – though not all – of the central tensions between empirical and normative concepts of legitimacy, and the conflicts between problem solving efficiency and democratic accountability. |
Follesdal, Andreas: Justice, stability and toleration in a Federation of Well-ordered Peoples. In: Martin, Rex; Reidy, David (Ed.): Rawls’s Law of Peoples: A realistic utopia?, pp. 299-317, Blackwell, Oxford, 2006. (Type: Book Chapter | Abstract | Links | Tags: EU – European Union, Federalism, Human Rights, John Rawls, Publications)@inbook{RN40840,How should the European Union express and promote human rights and solidarity? What is the scope of toleration towards states that violate human rights, within and beyond its borders? And what is the scope of permissible economic inequality across states in such a federation of democracies committed to domestic solidarity? … John Rawls contributed to these topics in The Law of Peoples (LP), which stresses the intertwined issues of toleration, stability and legitimacy that face these political relations across political borders. Can this Law of Peoples shed light on the legitimacy of emerging regional political orders such as … the European Union? The account offered here seeks to respect state sovereignty even in the face of some human rights violations, and it accepts a degree of material inequality among individuals in different sub-units of a federation. In particular, the European Union may have a differentiated human rights policy, and solidarity does not require a European-wide Difference Principle. The Difference Principle, even if appropriate for domestic justice, need not apply to a federal order. But the conception of human rights for federations must be more complex than Rawls’ account focused on human rights in a ‘nonfederated’ international order. That difference in domain of application is not a criticism of the Law of Peoples. However, a central weakness of Rawls’ account is that it offers inadequate arguments within its own intended domain of application. International stability for the right reasons requires more than a statement of the limits of toleration about “how far nonliberal peoples are to be tolerated” |
Follesdal, Andreas: Human Rights and the Accommodation of Difference – Special Issue. International Journal on minority and group rights, – special issue on Human Rights and the Accommodation of Difference, 2006, (Editor: Butenschon, Nils; Follesdal, Andreas). (Type: Book | Tags: Human Rights, Publications, Special issues)@book{RN43110, |
Follesdal, Andreas: EU legitimacy and Normative Political Theory. In: Cini, Michelle; Bourne, Angela (Ed.): Palgrave Advances in European Union Studies, pp. 151-173, Palgrave, Houndmills, 2006. (Type: Book Chapter | Links | Tags: EU – European Union, Publications)@inbook{RN36260, |
Follesdal, Andreas: Ethical investment: Workable and Effective? The case of the Norwegian Government Pension Fund (in Spanish). In: Economia Exterior, 2006. (Type: Journal Article | Links | Tags: Publications, SRI – Socially responsible investing)@article{RN44810, |
Follesdal, Andreas: The Constitutional Treaty: the Answer to the European Union’s Quest for a Consistent Human Rights Policy?. In: International Journal on minority and group rights, no. 3-4, pp. 209-222, 2006. (Type: Journal Article | Links | Tags: EU – European Union, Human Rights, Publications)@article{RN43150, |
Follesdal, Andreas: Between Petros and a Hard Place? Human Rights to Religious Liberty or to Gender Equality in Europe. In: Børresen, Kari; Cabibbo, Sara (Ed.): Gender, Religion, Human Rights in Europe, pp. 63-83, Herder, Rome, 2006. (Type: Book Chapter | Links | Tags: Gender, Human Rights, Publications)@inbook{RN42850, |
Butenschon, Nils; Follesdal, Andreas: Minority and group rights to accommodate difference: approaches and applications. In: International Journal on minority and group rights, vol. 13, no. 2-3, pp. 131-139, 2006. (Type: Journal Article | Abstract | Tags: Human Rights)@article{RN45070,Introduction to special issue |
Follesdal, Andreas; Pogge, Thomas: Real World Justice: Grounds, Principles, Human Rights, and Social Institutions. Springer, Doordrecht, 2005. (Type: Book | Abstract | Links | Tags: Edited books, Human Rights, Publications)@book{RN40530,The volume addresses four main topics regarding global justice: the grounds for moral claims about the global institutional order, substantive normative principles for a legitimate such order, the role of legal human rights standards, and ideas for reshaping global social institutions so as to render them less unjust. Contributors: 1 Introduction Andreas Follesdal and Thomas Pogge 2 Poverty and Global Justice: Some Challenges Ahead Hilde F. Johnson 3 Justice, Morality and Power in the Global Context Rainer Forst 4 “Saving Amina”: Global Justice for Women and Intercultural Dialogue Alison M. Jaggar 5 Poverty as a Human Rights Violation and the Limits of Nationalism Geert Demuijnck 6 International or Global Justice? Evaluating the Cosmopolitan Approach Thomas Mertens 7 Understanding and Evaluating the Contribution Principle Christian Barry 8 World Poverty and Moral Responsibility Ser-Min Shei 9 The Principle of Subsidiarity Stefan Gosepath 10 “It’s the Power, Stupid!” On the Unmentioned Precondition of Social Justice Alessandro Pinzani 11 Egalitarian Global Distributive Justice or Minimal Standard? Pogge’s Position .Véronique Zanetti 12 Responsibility and International Distributive Justice Alexander Cappelen 13 From Natural Law to Human Rights — Some Reflections on Thomas Pogge and Global Justice Henrik Syse 14 Deliberation or Negotiation? Remarks on the Justice of Global and Regional Human Rights Agreements Regina Kreide 15 Human Rights and Relativism Andreas Follesdal 16 The Nature of Human Rights Leif Wenar 17 Severe Poverty as a Human Rights Violation — Weak and Strong Wilfried Hinsch and Markus Stepanians 18 The First UN Millennium Development Goal: A Cause for Celebration? Thomas Pogge 19 Can Global Distributive Justice be Minimalist and Consensual? Jean-Christophe Merle 20 Redistributing Responsibilities — The UN Global Compact with Corporations . Andrew Kuper |
Follesdal, Andreas; Pogge, Thomas: Introduction. In: Follesdal, Andreas; Pogge, Thomas (Ed.): Real World Justice: Grounds, Principles, Human Rights Standards and Institutions, pp. 1-19, Springer, Doordrecht, 2005, (Author Role: eds.). (Type: Book Chapter | Abstract | Links | Tags: Human Rights, John Rawls)@inbook{RN42580,This volume discusses principles of global justice, their normative grounds, and the social institutions they require. John Rawls’s classic A Theory of Justice firmly established social institutions as a separate domain of moral assessment, associated with the terms justice and social justice. The concept of global justice breaks down the traditional separation of intranational and international relations and extends institutional moral analysis to the whole field. In the traditional framework, we generally bear no responsibility for the violence and poverty inflicted upon foreigners within the black box of their own state. The new philosophical framework, associated with the expression “global justice,” may not be so comfortable. Central to this framework is the causal impact of the design of the global institutional order upon the conditions under which human beings worldwide are living. Within this general global-justice approach, distinct conceptions of global justice will differ in the specific criteria of global justice they propose. But such criteria will coincide in their emphasis on the question of how well our global institutional order is doing, compared to its feasible alternatives, in regard to the fundamental human interests that matter from a moral point of view. Extending institutional moral analysis beyond the state, this question focuses attention on how the massive incidence of extreme poverty and violence in the world today might be reduced not merely through better government behavior, internally and internationally, but also, and much more effectively, through global institutional reforms that would, among other things, elevate such government behavior by modifying the options governments have and the incentives they face. |
Follesdal, Andreas; Hix, Simon: Why there is a Democratic Deficit in the EU: A Response to Majone and Moravcsik. In: European Governance Papers, vol. 1, no. 2, 2005. (Type: Journal Article | Links | Tags: )@article{RN42250, |
Follesdal, Andreas: Where to look for deliberative democracy. In: Tersman, Folke (Ed.): Democracy beyond borders?, pp. 44-59, Thales, Stockholm, 2005. (Type: Book Chapter | Tags: Democratic theory, Publications)@inbook{RN42600, |
Follesdal, Andreas: Towards a Stable Federal Finalité? Forms and Arenas of Institutional and National Balances in the Constitutional Treaty for Europe. In: Journal of European Public Policy – Special Issue: Towards a Federal Europe?, vol. 12, no. 3, pp. 572-589, 2005, (June). (Type: Journal Article | Links | Tags: Federalism, Publications)@article{RN41150, |
Follesdal, Andreas: The Seven Habits of Highly Legitimate New Modes of Governance. In: NEWGOV Presentation, 2005. (Type: Journal Article | Abstract | Links | Tags: EU – European Union, Publications)@article{RN43010,How might ‘New Modes of Governance’ in the European Union be made more legitimate? The following reflections suggest seven ways to enhance the legitimacy of ‘New Modes of Governance’ and hence the legitimacy of the EU. … Section 1 presents an overview of the wideranging discussions of the legitimacy deficit of the EU, with an eye to extrapolate some insights to NMG. For our purposes it is of some importance to be able to distinguish the two questions of of whether an arrangement is democratic and whether it is normatively legitimate. In that spirit, section 2 sketches a unifying account of normative legitimacy that draws on the “assurance game” literature. Long-term support for the EU requires not only present compliance and support, but also long term trust in the general compliance of others both citizens and officials – and shared acceptance of the legality and normative legitimacy of the regime. Suggestions for enhancing legitimacy of the EU – and of NMG – may best be assessed in light of how they jointly can contribute to such trustworthiness. Section 3 points to seven areas where NMG should be modified or supplemented to further enhance trust and trustworthiness in the EU, and hence its legitimacy: – facilitate civil society – be simple and transparent – be sufficiently effective and efficient – socialize to overarching loyalty – monitor problem solving – sanction non-compliance – monitor compliance by citizens and authorities |
Follesdal, Andreas: Legitymizacja regulacyjnej komitologii (The Legitimacy of Regulatory Comitology – Reflections on the promises and pitfalls of strategies of legitimation). In: Karasinska-Fendler, Maria (Ed.): Komitety i komitologia, pp. 197-239, Foundation for European Studies – European Institute, Lodz, 2005. (Type: Book Chapter | Abstract | Links | Tags: EU – European Union, Publications)@inbook{RN26500,The question with what right Europeans can expect compliance of one another emerges with full strength as the European Union unmistakably takes on more and more characteristics of a new legal order with binding public practices – indeed, claiming overriding authority over a well-neigh unconstrained domain of issues through the doctrines of Direct Effect, Supremacy and Implied Powers. The challenge is particularly striking with regards to comitology, one of most perplexing and by some lights most worrisome elements of the European institutions. Dehousse notes the links between compliance and legitimacy when remarking that “Comitology’s legitimacy is not merely a normative issue: it is likely to become a political problem.” The present essay explores some problems involved in the first of these two challenges, by presenting and critically assessing two recent attempts at justifying comitology, those of Majone – Regulatory State and deliberative democratic- Deliberative Supranationalism. |
Follesdal, Andreas: Human Rights and Relativism. In: Follesdal, Andreas; Pogge, Thomas (Ed.): Real World Justice: Grounds, Principles, Human Rights Standards and Institutions, pp. 265-283, Springer, Berlin, 2005. (Type: Book Chapter | Abstract | Links | Tags: Human Rights)@inbook{RN40730,The article addresses the issue of whether human rights are “Western” in ways that undermine their use as standards for global and domestic justice. In what has come to be known as the “Asian Values” debate, the article identifies several objections of this sort in the Bangkok Declaration. Drawing on Confucian, Hindu, and Islamic sources, it argues that very many theories of human rights and moral traditions condemn the behavior which human rights serve to protect against. Most of the objections fail to hold against a wide range of human rights theories spelling out their basis and content. The remaining objections do not repudiate human rights norms — at most they support some accounts and specifications of rights over others. Human rights can hardly be dismissed as an objectionable exercise in Western ideological imperialism. |
Follesdal, Andreas: Exit, Choice and Loyalty: Religious Liberty versus Gender Equality.. In: Journal of Social Philosophy, vol. 36, no. 4, pp. 407-420, 2005. (Type: Journal Article | Abstract | Links | Tags: Gender, Publications)@article{RN42410,Susan Okin contributed substantially to our awareness of the complex issues of legitimate preference formation and the gendered history of the contractualist tradition. She also indicated how the tradition could be improved. The present article focuses on one issue of long standing concern to her: What are we to think of the inculcation of religious or philosophical conceptions of the good that affect aspirations? In particular, what should liberal states do about the religious ideals and cultural practices that appear to stunt women’s actual choices of careers and life plans, and that even seem to hinder their exit from these communities of faith? Surely it will not do to dismiss such concerns as belonging to the “private” rather than the “public” realm, and hence beyond justice. Okin explicitly warned against giving undue respect to cultural groups under the guise of “multiculturalism” when the internal culture of a group socializes boys and girls toward roles they cannot easily select away even if exit is formally available. Respect for minorities can easily stop being part of the solution for a more just society, and become part of the problem…. Statistical differences in career choices for men and women—inequality in result—may be an indicator of violation of the form of equality of opportunity worth fighting for. But gender-skewed career choices might not be the effect of unjust preference formation, as long as they are not the effect of domination. The requirement of justice might thus not be to prevent all gender differentiated role socialization, but to prevent standard forms of domination—including problematic forms of inculcation to such gender roles. This should of course not be taken to deny that religions often motivate violations of women’s civil or political rights and their rights to physical integrity. Such violations are clearly outrageous. But if they raise philosophical issues, these are different. Other issues of alleged gender injustice cannot be dismissed, such as certain practices concerning marriage and divorce practices, and the damages perpetrated on non-Westerners, primarily the global poor, and women in particular, by means of the global basic structure. |
Boström, Magnus; Føllesdal, Andreas; Klintman, Mikael; Micheletti, Michele; Sørensen, Mads P.: Political Consumerism: Its motivations, power, and conditions in the Nordic countries and elsewhere. Nordisk ministerråd, København, 2005. (Type: Book | Links | Tags: )@book{RN44260, |
Schmitter, Philippe C.; Trechsel, Alexander H.: The future of Democracy in Europe: Trends, Analyses and Reforms. A Green Paper for the Council of Europe. Council of Europe Publishing, 2004, (Author Role: co-ordinators). (Type: Book | Links | Tags: )@book{RN41940, |
Micheletti, Michele; Follesdal, Andreas; Stolle, Dietlind: Politics, products and markets: Exploring political consumerism past and present. Transaction Press, New Brunswick, N.J., 2004. (Type: Book | Abstract | Links | Tags: Edited books, Human Rights)@book{RN32700,This volume examines closely the roots and contemporary forms of the phenomenon of political consumerism. The United Nations, Amnesty International, and other international governmental and nongovernmental organizations claim openly that they must rely on market actors to accomplish their goals. … In recent decades, consumers’ product choice has been increasingly influenced by a growing concern for transnational and global issues of justice, care for the dnvironment, and human rights. Global movements and networks help mobilize consumers to make political and ethical purchases. … Part I, entitled “Making Money Morally,” concerns why it may appear controversial to call upon market actors to act in a morally responsible way. …political consumerism challenges the traditional division of private interest pursued by private actors in the market, and public interests pursued through political means. It crosses over this division in its attempts to compensate for ethical unfairness in a variety of ways. Yet the practices of political consumption also create new dilemmas often ignored by consumers. Andreas Føllesdal explores philosophically why we need to concern ourselves with the moral responsibility of the market in the world today….Among his concerns is the development of normative criteria for assessing the legitimacy of political consumer action in the global marketplace that aims at supplementing governmental regulation. He wonders how these citizen watchdogs can develop and maintain their credibility and integrity in the absence of global, institutionalized checks and balances. Paul Kennedy’s chapter focuses on the impact of political consumers on business. He asks what happens to business as a market actor once it adapts itself to more ethical and political concerns. .. Part II, entitled “Consumer Choices and Setting the Agenda of Politics,” focuses on three basic questions …: what is new about using the market as a site for politics, how effective is it, and does it always promote good causes? …Monroe Friedman discusses in his chapter three important criteria for evaluating consumer boycotts: their successfulness, effectiveness, and ethical quality…. Cheryl Greenberg’s chapter draws on American history .. . there is nothing inherent in political consumerism that guarantees the moral respectability of its pursued goals, and that good motives do not replace the need for strategic planning…. David Vogel’s chapter also draws on the United States. to show how outraged Americans have expressed their concern over political injustices in the marketplace. …citizens with clear political preferences can use their economic power to pressure corporations to consider ethical issues as part of their policy agenda. Part II moves from historical cases ..W. Lance Bennett’s and Jonah Peretti’s chapters make clear how the media play an important role in mobilizing support for large campaigns that criticize existing corporate practices. Bennett focuses on campaigns directed at large, globalized corporate enterprises. … Jonah Peretti’s chapter, together with Michele Micheletti, describes Peretti’s request to order a pair of customized Nike shoes with the name ”sweatshop” on them, turned him into a global celebrity… “Building Responsible Institutions in Multi-Risk Society” is the title of Part III, with the establishment of new political consumerist institutions as the central theme…. Franck Cochoy’s chapter shows how the old and established institution of standardization, .. has revamped itself into an institution for product certification that reflects consumers’ concerns…. The chapter co-authored by Andrew Jordan, Rüdiger Wurzel, Anthony R. Zito, and Lars Brückner offers a comparative assessment of the important national eco-labeling schemes now in operation in Europe. .Two important ingredients of success are consumer support and market competition. …Benjamin Cashore, Graeme Auld, and Deanna Newson discuss a labeling scheme of increasing importance: forest certification schemes…. Part IV, “Politicizing Consumers and Change in Politics,”… political participation has involved the relationship between citizens and their government, which in turn regulates the market. … Jørgen Goul Andersen and Mette Tobiasen present findings from the most comprehensive survey investigation of political consumers to date. Bente Halkier’s chapter uses focus group interviews of green consumers to assess the extent to which political consumerism involves important dimensions of political participation…. Michele Micheletti’s study … shows that women were and still are more present as political consumers…. Dietlind Stolle and Marc Hooghe’s chapter focuses more directly on the controversial issue of whether political consumerism can be seen as a successful additional tool in political life that might substitute for the lack of traditional political involvements. … |
Micheletti, Michele; Follesdal, Andreas; Stolle, Dietlind: Introduction: The Market as a Site of Politics. In: Micheletti, Michele; Follesdal, Andreas; Stolle, Dietlind (Ed.): Politics, products and markets: Exploring political consumerism past and present, pp. ix-xxvi, Transaction Press, New Brunswick, N.J., 2004. (Type: Book Chapter | Abstract | Tags: Human Rights)@inbook{RN38130,.This volume examines closely the roots and contemporary forms of the phenomenon of political consumerism. The United Nations, Amnesty International, and other international governmental and nongovernmental organizations claim openly that they must rely on market actors to accomplish their goals. … In recent decades, consumers’ product choice has been increasingly influenced by a growing concern for transnational and global issues of justice, care for the dnvironment, and human rights. Global movements and networks help mobilize consumers to make political and ethical purchases. … Part I, entitled “Making Money Morally,” concerns why it may appear controversial to call upon market actors to act in a morally responsible way. …political consumerism challenges the traditional division of private interest pursued by private actors in the market, and public interests pursued through political means. It crosses over this division in its attempts to compensate for ethical unfairness in a variety of ways. Yet the practices of political consumption also create new dilemmas often ignored by consumers. Andreas Føllesdal explores philosophically why we need to concern ourselves with the moral responsibility of the market in the world today….Among his concerns is the development of normative criteria for assessing the legitimacy of political consumer action in the global marketplace that aims at supplementing governmental regulation. He wonders how these citizen watchdogs can develop and maintain their credibility and integrity in the absence of global, institutionalized checks and balances. Paul Kennedy’s chapter focuses on the impact of political consumers on business. He asks what happens to business as a market actor once it adapts itself to more ethical and political concerns. .. Part II, entitled “Consumer Choices and Setting the Agenda of Politics,” focuses on three basic questions …: what is new about using the market as a site for politics, how effective is it, and does it always promote good causes? …Monroe Friedman discusses in his chapter three important criteria for evaluating consumer boycotts: their successfulness, effectiveness, and ethical quality…. Cheryl Greenberg’s chapter draws on American history .. . there is nothing inherent in political consumerism that guarantees the moral respectability of its pursued goals, and that good motives do not replace the need for strategic planning…. David Vogel’s chapter also draws on the United States. to show how outraged Americans have expressed their concern over political injustices in the marketplace. …citizens with clear political preferences can use their economic power to pressure corporations to consider ethical issues as part of their policy agenda. Part II moves from historical cases ..W. Lance Bennett’s and Jonah Peretti’s chapters make clear how the media play an important role in mobilizing support for large campaigns that criticize existing corporate practices. Bennett focuses on campaigns directed at large, globalized corporate enterprises. … Jonah Peretti’s chapter, together with Michele Micheletti, describes Peretti’s request to order a pair of customized Nike shoes with the name ”sweatshop” on them, turned him into a global celebrity… “Building Responsible Institutions in Multi-Risk Society” is the title of Part III, with the establishment of new political consumerist institutions as the central theme…. Franck Cochoy’s chapter shows how the old and established institution of standardization, .. has revamped itself into an institution for product certification that reflects consumers’ concerns…. The chapter co-authored by Andrew Jordan, Rüdiger Wurzel, Anthony R. Zito, and Lars Brückner offers a comparative assessment of the important national eco-labeling schemes now in operation in Europe. .Two important ingredients of success are consumer support and market competition. …Benjamin Cashore, Graeme Auld, and Deanna Newson discuss a labeling scheme of increasing importance: forest certification schemes…. Part IV, “Politicizing Consumers and Change in Politics,”… political participation has involved the relationship between citizens and their government, which in turn regulates the market. … Jørgen Goul Andersen and Mette Tobiasen present findings from the most comprehensive survey investigation of political consumers to date. Bente Halkier’s chapter uses focus group interviews of green consumers to assess the extent to which political consumerism involves important dimensions of political participation…. Michele Micheletti’s study … shows that women were and still are more present as political consumers…. Dietlind Stolle and Marc Hooghe’s chapter focuses more directly on the controversial issue of whether political consumerism can be seen as a successful additional tool in political life that might substitute for the lack of traditional political involvements. … |
Føllesdal, Andreas: Internasjonale forpliktelser og demokrati. In: Midgaard, Knut; Rasch, Bjørn Erik (Ed.): Demokrati – vilkår og virkninger (revidert utgave), pp. 349-374, Fagbokforlaget, Bergen, 2004. (Type: Book Chapter | Abstract | Links | Tags: )@inbook{RN41070,Demokrati-teorier må utvides ved landegrensene, både med en teori om internasjonalt demokrati og med en teori om internasjonal fordelingsrettferdighet. Artikkelen bidrar til dette, med utgangspunkt i begrunnelsene for demokratiske ordninger innenfor den liberale kontraktetiske tradisjon fra Kant, Locke og Rawls. Artikkelen avslutter med å drøfte noen konflikter som oppstår mellom kravene om lik politisk kontroll og likeverdige levekår innenfor EU, der nasjonalt selvstyre og internasjonal likhet kommer i konflikt. |
Follesdal, Andreas; Micheletti, Michele; Stolle, Dietlind: Political Consumerism, Lessons and Potential: Conclusions. In: Follesdal, Andreas; Micheletti, Michele; Stolle, Dietlind (Ed.): Politics, products and markets: Exploring political consumerism past and present, pp. 289-300, Transaction Press, New Brunswick, N.J., 2004. (Type: Book Chapter | Abstract | Tags: )@inbook{RN38140,Consumers have used, and use, their consumer choice to vent their political frustrations and exhibit their political values. In so doing, political consumerism sets and shapes the agenda of politics. … The study of political consumerism, as well as its interpretation as a political phenomenon, both challenge and question how we conventionally conceive of political participation in three important ways. First, political consumers focus on new targets of their political actions; second, mobilization for political consumerism blurs the public and private divide, and finally, a related consequence is that political consumerism constitutes a truly individualized form of participation. We discuss each of these challenges in turn. …. We draw three conclusions here. First, political consumerism shows how market-based, new regulatory forms (i.e., soft law) can be a constructive force in our ever more risky world, but its impact is yet to be determined. Second, political consumerism is developing into an international regime in its own right. Third, given the growing significance of political consumerism globally, and particularly the growth of its institutions, it is becoming increasingly more urgent for scholars to evaluate its legitimacy, democratic and otherwise. |
Follesdal, Andreas; Dobson, Lynn: Conclusion. In: Dobson, Lynn; Follesdal, Andreas (Ed.): Political Theory and the European Constitution, pp. 175-184, Routledge, London, 2004. (Type: Book Chapter | Links | Tags: )@inbook{RN41960, |
Follesdal, Andreas: The Special Claims of Indigenous Minorities to Corrective Justice. In: Meyer, Lukas (Ed.): Justice in Time. Responding to Historical Injustice, pp. 339-353, Nomos, Baden, 2004. (Type: Book Chapter | Abstract | Links | Tags: )@inbook{RN30000,Some hold that the indigenous are normatively justified in requesting both legal claims on material resources, and to political autonomy aimed at maintaining their own ways of life. The indigenous have more extensive claims in these regards than citizens generally, and than do other identifiable groups who have long historic ties with the territory, and a distinctive culture compared to other citizens – often called ‘national minorities’ . The paper defends these claims, based on the indigenous ancestors’ historic control over territories later forcefully incorporated into a state, combined with the impact of their ancestors’ culture on present practices and expectations. Past injustice affects the claims of present members to arrangement of political decision-making over the territory and to substantive benefits. History matters, then, for whether the normative claims hold. |
Follesdal, Andreas: Political consumerism as chance and challenge. In: Micheletti, Michele; Follesdal, Andreas; Stolle, Dietlind (Ed.): Politics, products and markets: Exploring political consumerism past and present, pp. 3-20, Transaction Press, New Brunswick, N.J., 2004. (Type: Book Chapter | Abstract | Links | Tags: )@inbook{RN35230,Political consumerism, the deliberate use of purchasing power to change business practices, takes on particular normative importance under conditions of economic globalisation. Globalisation shifts the capabilities of business, governments and civil society, forcing us to reconsider the traditional distribution of responsibilities. Several issues are raised when discussing the legitimate modes of governance exercised by consumers in the global marketplace in the form of consumer action aimed at supplementing governmental regulations. Important challenges include the need to bolster credibility and integrity of the watchdogs in the absence of institutionalised checks and balances. “Who guards the guardians?” remains a central concern. |
Follesdal, Andreas: The philosopher as coach: Expertise and expectations of ethics consultants. In: Kurz-Milcke, Elke; Gerd, Gigerenzer (Ed.): Experts in science and society, pp. 181-200, Kluwer, New York, 2004. (Type: Book Chapter | Links | Tags: )@inbook{RN24020, |
Follesdal, Andreas: Liberal Contractualism – Partial and Particularist, Impartial and Cosmopolitan. In: Caney, Simon; Lehning, Percy (Ed.): International Distributive Justice: Cosmopolitanism and its Critics, Routledge, London, 2004, ISBN: 978-0-415-23441-2. (Type: Book Chapter | Abstract | Links | Tags: John Rawls)@inbook{RN26140,Several authors have explored or defended moderate nationalism, characterised by limited partiality for fellow nationals or fellow citizens, and loyalty to the laws and institutions of one’s own society. Critics have argued that such loyalties are incompatible with ‘cosmopolitan’ universalist liberalism, on at least two grounds. The article seeks to rebut these objections from a liberal contractualist position similar to that of Rawls, Dworkin and Scanlon. Liberal theories are thought to disallow deviations from impartial treatment and therefore rule out substantive special claims among compatriots. The scope for contractualist partiality is the subject of section 2. Liberal theories are also considered unable to account for political duties — the duty to comply with the just laws and institutions of one’s own state. The contractualist grounds for political allegiance are addressed in section 3. This is not to say that liberal contractualism endorses nationalism understood as a principle of political order, that political and cultural/ethnic boundaries should coincide. A brief sketch of some elements of Liberal Contractualism is presented in section 1. |
Follesdal, Andreas: Do multicultural policies erode trust in redistributive programs? Questions for Miller and Soroka, Johnston & Banting. In: Parijs, Philippe Van (Ed.): Cultural diversity versus economic solidarity, vol. Francqui Scientific Library, Debouck Universite, Brussels, 2004. (Type: Book Chapter | Links | Tags: )@inbook{RN40440, |
Follesdal, Andreas: Corporate Social Responsibility for Human Rights as Chance and Challenge: Fragments of a Political Theory. 2004. (Type: Unpublished | Tags: Human Rights, Publications, SRI – Socially responsible investing)@unpublished{RN35150, |
Publications
| : Will the Reform Treaty Combat the Union’s Legitimacy Crisis?. In: Merle, Jean-Christophe (Ed.): Die Legitimität von supranationalen Institutionen der EU, pp. 112-129, LIT-Verlag, Münster, 2012. |
| : Den europeiske menneskerettighetsdomstolen og Høyesterett – uavhengighet og demokratisk kontroll. In: Engstad, Nils Asbjørn; Frøseth, Astrid Lærdal; Tønder, Bård (Ed.): Dommernes uavhengighet, pp. 443-461, Fagbokforlaget, Bergen, 2012. |
| : Kata pengantar [Preface]. In: Rizki, Rudi M. (Ed.): Violations of Human Rights by transnational corporations and the effort to hold them accountable, pp. vii-ix, Penerbit PT Fikahati Aneska, Jakarta, 2012. |
| : Global Distributive Justice? State Boundaries as a Normative Problem. In: Global Constitutionalism, vol. 1, no. 2, pp. 261-277, 2012. |
| : Europe’s Raison d’Être: Leadership, Democracy – or both? Reflections on G. de Burca and J. Weiler. In: Maastricht Journal of European and Comparative Law, vol. 19, no. 1, pp. 7-8, 2012. |
| : Multiple Citizenship: Normative Ideals and Institutional Challenges. In: Critical Review of International Social and Political Philosophy, vol. 15, no. 3, pp. 279-302, 2012. |
| : Human Rights, Corporate Complicity and Disinvestment. Cambridge University Press, Cambridge, 2011. |
| : Introduction. In: Nystuen, Gro; Follesdal, Andreas; Mestad, Ola (Ed.): Human Rights, Corporate Complicity and Disinvestment, pp. 1-15, Cambridge University Press, Cambridge, 2011. |
| : La place de l’intérêt particulier et le rôle du pouvoir dans la démocratie délibérative (The Place of Self-interest and the Role of Power in Deliberative Democracy). In: Raisons Politiques, vol. 42, pp. 47-82, 2011. |
| : Er internasjonal menneskerettighetsprøving legitim?. In: Nytt norsk tidsskrift, no. 1, pp. 71-80, 2011. |
| : Can there be a Just Zionism? Does anyone care? On Chaim Gans, A Just Zionism. In: Ethical Perspectives, vol. 18, no. 4, pp. 625-32, 2011. |
| : The principle of subsidiarity as a constitutional principle in international law. In: Jean Monnet Working Paper 12/11, 2011. |
| : Nepal’s Constitution – Special Issue. International Journal of Minority and Group Rights, 2011. |
| : Nepal’s Constitution Writing Process: Rebuilding the Ship while at Sea. In: International Journal of Minority and Group Rights, vol. 18, no. 3, pp. 287-291, 2011. |
| : The Legitimacy Challenges for New Modes of Governance: Trustworthy Responsiveness. In: Government and Opposition, vol. 46, no. 1, pp. 81-100, 2011, (First as 2008 NEWGOV Report DTF/D09 , http://www.eu-newgov.org/database/DELIV/DDTFD09_Legitimacy_Challenges_for_NMG.pdf). |
| : Human Rights Investment Filters: A defense. In: Follesdal, Andreas; Mestad, Ola; Nystuen, Gro (Ed.): Human Rights, Corporate Complicity and Disinvestment, pp. 132-155, Cambridge University Press, Cambridge, 2011. |
| : Föderalismus. In: Hartmann, Martin; Offe, Claus (Ed.): Politische Theorie und Politische Philosophie, pp. 95-98, C.H.Beck, Munich, 2011. |
| : Federalism, Ethnicity and Human Rights in Nepal – Or: Althusius meets Acharya. In: International Journal of Minority and Group Rights, vol. 18, no. 3, pp. 335-342, 2011. |
| : The Distributive Justice of a Global Basic Structure: A Category Mistake?. In: Politics, Philosophy and Economics, vol. 10, no. 1, pp. 46-65, 2011. |
| : Cosmopolitanism in Practice? The case of the Norwegian Government Pension Fund. In: Bailliet, Cecilia; Aas, Katja Franko (Ed.): Cosmopolitan justice and its discontents, pp. 205-217, Routledge, Milton Park, 2011. |
| : Cosmopolitan Democracy: neither a Category Mistake nor a Categorical Imperative. In: Archibugi, Daniele; Koenig-Archibugi, Mathias; Marchetti, Raffaele (Ed.): Global Democracy, pp. 96-114, Cambridge University Press, Cambridge, 2011. |
| : The Place of Self-interest and the Role of Power in Deliberative Democracy. In: Journal of Political Philosophy, vol. 18, no. 1, pp. 64-100, 2010. |
| : Om åpenhet og uavhengighet. In: Nytt norsk tidsskrift, vol. 27, no. 1-2, pp. 192-197, 2010. |
| : Geokratiet – Valglovens demokratiske underskudd. In: Norsk statsvitenskapelig tidsskrift, vol. 26, no. 2, pp. 149-160, 2010. |
| : Universal Human Rights as a Shared Political Identity: Impossible? Necessary? Sufficient?. In: Tinnevelt, Ronald; Schutter, Helder (Ed.): Global Democracy and Exclusion, pp. 161-176, Whiley-Blackwell, Chichester, 2010. |
| : On transparency and independence. In: Norges Banks skriftserie/Occasional Papers, no. 41, pp. 22-28, 2010. |
| : Non-State Oriented Political Theory: A Critical Assessment. In: Neyer, Jurgen; Wiener, Antje (Ed.): Political Theory of the European Union, pp. 205-212, Oxford University Press, Oxford, 2010. |
| : Evaluating Trustworthiness, Representation and Political Accountability in New Modes of Governance. In: Heretier, Adrienne; Rhodes, Martin (Ed.): New Modes of Governance in Europe, pp. 135-162, Palgrave Macmillan, Houndmills, Basingstoke, 2010. |
| : Human Rights: Normative Requirements and Institutional Constraints – Special Issue. Journal of Social Philosophy, 2009. |
| : “Hva slags likhet, hvorfor likhet? Amartya Sen, John Rawls og Hilde Bojer om funksjoner, rettigheter og mulighetsrom”. In: Hylland, Aanund; Bjerkholt, Olav; Skrede, Kari; Ofstad, Bjørg (Ed.): Rettferd og politikk, pp. 71-88, Emilia, Oslo, 2009. |
| : Judicial Review in the Nordic Countries – Special Issue. 2009. |
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