The expansion of Western education overseas has been both an economic success, if the numbers of American, European, and Australian universities setting up campuses in Asia and the Middle East is a measure -- and a source of consternation for academics concerned with norms of free inquiry and intellectual freedom. Faculty at Western campuses have resisted the new satellite campuses, fearing that colleagues on those campuses would be less free to teach and engage in intellectual inquiry, and that students could be denied the free inquiry normally associated with liberal arts education. Critics point to the denial of visas to academics wishing to carry out research on foreign campuses, the sudden termination of employment at schools in both the Middle East and Asia, or the last-minute cancellation of courses at those schools, as evidence that they were correctly suspicious of the possibility that liberal arts programs could exist in those regions. Supporters of the project have argued that opening up foreign campuses brings free inquiry to closed societies, improves educational opportunities for students who would otherwise be denied them, or, perhaps less frequently, that free inquiry will be no more pressured than in the United States or Western Europe. Normative Tensions examines the consequences not only of expansion overseas, but the increased opening of universities to foreign students.

Molly Cochran offers an account of the development of normative theory in international relations over the past two decades. In particular, she analyzes the tensions between cosmopolitan and communitarian approaches to international ethics, paying attention to differences in their treatments of a concept of the person, the moral standing of states and the scope of moral arguments. The book draws connections between this debate and the tension between foundationalist and antifoundationalist thinking and offers an argument for a pragmatic approach to international ethics.

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Molly Cochran offers an account of the development of normative theory in international relations over the past two decades. In particular, she analyses the tensions between cosmopolitan and communitarian approaches to international ethics and offers an argument for a pragmatist approach.

This Brief uses the theory of norm contestation as a model for understanding variation in norm-related behavior in international relations. While most typical approaches to understanding norms view norms as stable structures and actor responses to them as unquestioned, in a global political climate where departures from expected behavior may occur, a more nuanced model is needed. By using a norm contestation framework that highlights norm fluidity and actor agency, this book expands the discussion, providing insight into divergent interpretations of norm violation and compliance and the dynamic nature of norms. The first two chapters introduce the norm contestation model, explain how it contributes to the literature on norm violations, and discuss the reasons for the cases discussed. Chapters Three and Four provide detailed case studies of the mechanisms of norm contestation as they apply to the civilian immunity and non-intervention norms. Chapter Five concludes by reconnecting the norm contestation model to the case studies and describing how it can be applied to norms other than those regulating armed conflict. It also discusses policy implications and avenues for future research. As such, this book will appeal to students and researchers working broadly on issues related to international relations theory, armed conflict, security studies, humanitarianism, human rights, international law, and global governance. It will also be of interest to policy-makers and practitioners interested in influencing the normative behavior of actors in diverse arenas.

An examination of the moral theory of war.

This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.