{"title":"胁迫与辩解:安全理事会改革的全球公共理性视角","authors":"CARMEN E. PAVEL","doi":"10.1111/jols.12436","DOIUrl":null,"url":null,"abstract":"<p>The Security Council is the only international body capable of authorizing the use of force in cases other than self-defence. Its main mission is to protect international peace and security, and this has been reinterpreted in recent decades to include the protection of human rights in situations of grave humanitarian emergencies as well as to allow it to exercise legislative powers. Given this extraordinary range of functions, it is worth asking whether the Security Council is justified in their exercise. Should the international community entrust such power to an institution with the authority, structure, and decision-making process of the Security Council? This article explores the implications of a distinctive tradition in political philosophy – namely, the public reason tradition – for judging the adequacy of some of the proposals for reform of the Security Council. I show that the scope of authority of the Security Council, as well as some of the proposals for reform, can be challenged on the basis of an emerging global public culture.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 S1","pages":"S157-S176"},"PeriodicalIF":1.3000,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12436","citationCount":"0","resultStr":"{\"title\":\"Coercion and justification: a global public reason perspective on Security Council reform\",\"authors\":\"CARMEN E. PAVEL\",\"doi\":\"10.1111/jols.12436\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>The Security Council is the only international body capable of authorizing the use of force in cases other than self-defence. Its main mission is to protect international peace and security, and this has been reinterpreted in recent decades to include the protection of human rights in situations of grave humanitarian emergencies as well as to allow it to exercise legislative powers. Given this extraordinary range of functions, it is worth asking whether the Security Council is justified in their exercise. Should the international community entrust such power to an institution with the authority, structure, and decision-making process of the Security Council? This article explores the implications of a distinctive tradition in political philosophy – namely, the public reason tradition – for judging the adequacy of some of the proposals for reform of the Security Council. I show that the scope of authority of the Security Council, as well as some of the proposals for reform, can be challenged on the basis of an emerging global public culture.</p>\",\"PeriodicalId\":51544,\"journal\":{\"name\":\"Journal of Law and Society\",\"volume\":\"50 S1\",\"pages\":\"S157-S176\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2023-08-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12436\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Law and Society\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/jols.12436\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12436","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Coercion and justification: a global public reason perspective on Security Council reform
The Security Council is the only international body capable of authorizing the use of force in cases other than self-defence. Its main mission is to protect international peace and security, and this has been reinterpreted in recent decades to include the protection of human rights in situations of grave humanitarian emergencies as well as to allow it to exercise legislative powers. Given this extraordinary range of functions, it is worth asking whether the Security Council is justified in their exercise. Should the international community entrust such power to an institution with the authority, structure, and decision-making process of the Security Council? This article explores the implications of a distinctive tradition in political philosophy – namely, the public reason tradition – for judging the adequacy of some of the proposals for reform of the Security Council. I show that the scope of authority of the Security Council, as well as some of the proposals for reform, can be challenged on the basis of an emerging global public culture.
期刊介绍:
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.