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Comment on Noah Feldman’s ‘Cosmopolitan Law?’

Noah Feldman has written an ambitious and learned essay that seems to be asking whether cosmopolitanism as a tradition of political theory can contribute to a humane approach by American government, including courts, to the application of
law in the post-9/11 world, and to a lesser extent, to a post-Rwanda (1994) world. I say ‘seems’ because Feldman never resolves to my satisfaction the uncertainly of perspective signaled by the question mark that follows the title of the essay, leaving this reader in doubt as whether a carefully qualified cosmopolitanism is being recommended as a way of addressing a series of highly contested issues raised by ‘the global war on terror’ and the incidence of genocide in the world or is simply
being presented in an equivocal spirit as one possible option. There is no doubt that these questions deserve jurisprudential

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