By On Tuesday, September 17th, 2013 Categories : Review

How will be the transition from international to cosmopolitan norms of the law possible? One of the main element questions of a cosmopolitan theory is surely an explanation of how stateswould accept to implement, through voluntary treaties as well as conventions, self-binding norms that recognize the best moral and legal status of basic individual entitlements when these norms aren’t backed by a increased, binding legal authority with regards to enforcement. Benhabib develops a dual-track approach that combines the analysis with the formal policies of legal institutions with the informal and less-structured practices of global civil society.
These two poles tend not to, however, occupy symmetrical positions. Her conception of this emergence of cosmopolitan norms offers a privileged role to this movements within civil society to its key contributions in articulating most of these new moral facts in the emerging global conscience. Characteristically, Benhabib’s main contribution towards debates about political as well as legal globalization is to point out the risks of decoupling the institutional process from the political will formation. Benhabib’s position is vital about technocratic approaches reinforced by systemic theories that heavily make use of the activities of skilled and bureaucratic elites, as well as skeptical about projects of global constitutionalism that may generate a legal platform that no demos could identify with. The nature on this supra-state dynamics constitutes an issue for the institutionalization of cosmopolitan norms. Humanity seriously isn’t a unified political collective, and the individuals that cosmopolitan norms would defend develop their loyalties as well as identifications through national institutions. In Benhabib’s work, global civil society has a key role in mediating between these levels. Civil society provides the potential to represent the plurality of interests, including the claims of justice of the collectives that do not need an effective institutional funnel to voice their reasons. It also has to be able to generate a global conscience about new moral as well as political facts that transcends the national perspective understanding that reconciles the democratic will formation with the allegiance to emerging multicultural norms.
The most relevant research for these cosmopolitan norms will be the Universal Declaration of Individual Rights. Benhabib emphasizes the moral and legal nature of human rights and the inherent aim toward legal positivization and in many cases constitutionalization through democratic iterations. The most salient areas that Benhabib shows are: crimes against humankind, genocide and war crimes; humanitarian interventions; and transnational migrations. Benhabib’s way of matters like global lower income and distributive justice also reflects her dual-track viewpoint. Her focus is this reform of existing institutions of global capitalism (lex mercatoria) who have a great impact with determining the realization of basic human rights. Here her contribution have been to point to this legitimacy of spaces of resistance and contestation where by social movements, unions, activists, and NGOs could carry to bear their states and interpretations of the standards that should be implemented and institutionalized in the emerging global configuration. As a result, Benhabib privileges the “soft” power of global civil society to bring about these cosmopolitan changes over more drastic as well as interventionist measures.