Political Authority, Misc

The hypothesis that approaches the use of humour throughout the ages as something approximating a coping mechanism, has been subject to a long-standing discussion in what is known as humour studies. In this particular essay, by looking through the spectacles of one of the discipline’s theories, called relief theory, I will attempt to find out whether humour was used to lighten the weight of oppression in Imperial Rome, and can thus corroborate this hypothesis.

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

The church is separate from the state. Thus, historically, it is seen that even though a government wasn’t secular, God was secular. He didn’t drag religion into politics, but silently did intervene to administer temporal justice and order in the world (i.e. temporal justice in relation to temporal authority). With regard to the church, it doesn’t seem that God is interested in an organized religion at all. Christianity had nothing to do with an external temple. Each Christian is the temple (...) of God. This is what frees Paul to do his own theology, separate from the Twelve. (shrink)

This work has two major goals. The first is to reframe the problem of political authority from its Conservative framing to a Reformist framing. This change creates a new benchmark for the success of a theory. Rather than justifying a pre-existing intuition, a theory can be successful if it could establish political authority whenever the state itself or an individual’s relationship to it changes. This change also shifts the focus from the state’s right to rule to moral housekeeping. In other (...) words, the main goal is not to see when the state can use coercion against its citizens but rather to determine what political obligations citizens could have under different scenarios so that citizens can more accurately keep track of their moral reasons for action. The second major goal is to call into question epistemic theories of democratic authority through a critical examination of David Estlund’s theory of normative consent. Normative consent cannot establish political authority. Even granting that it could, normative consent would bind individuals to epistemic procedures rather than democratic procedures given that epistemic procedures better solve the moral problems that generate normative consent. However, this then raises worries from the public reason perspective that epistemic procedures would impose a procedure on some citizens which they could reject from a qualified position. To overcome this worry, it is shown that epistemic procedures based on reducing the power of the ignorant rather than raising the power of the experts are not open to such qualified rejection, and democratic procedures in the real world will do no better than a coin flip at selecting correct policies. In the end, one branch of epistemic conceptions of democratic authority are proven untenable. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Despite rarely explicitly thematizing the problem of dirty hands, this essay argues that Merleau-Ponty’s political work can nonetheless make some important contributions to the issue, both descriptively and normatively. Although his political writings have been neglected in recent times, his interpretations of Marxism and Machiavelli enabled him to develop an account of political phronesis and virtù that sought to retain the strengths of their respective positions without succumbing to their problems. In the process, he provides grounds for generalizing the problem (...) of “dirty hands” beyond Michael Walzer’s influential understanding that pertains primarily to “emergencies” and singular time-slice actions, and addresses concerns about the coherence of the very idea that there is justified action that one ought to do which remains wrong. Merleau-Ponty does this by emphasizing the diachronic relationship between theoretical principles and concrete political action over a period of time, thus imbuing the problem of dirty hands with a historicity that is not sufficiently recognized in the more static and action-focused discussions. (shrink)

How should the fact of state consent to international agreements affect their moral evaluation? Political criticism of the content of international agreements is often answered by invoking the voluntary nature of those agreements: if states did not wish to accept their terms then they were free to reject them; the fact of their having voluntarily accepted them limits the scope for subsequent criticism. This is the “Voluntarist Reply”. This paper examines the Voluntarist Reply to understand the specific moral work that (...) it claims to do, the sense of voluntariness that it requires, and the limits on the capacity of voluntary consent to answer substantive political and moral criticism . It maps those limits across four prominent and plausible accounts of international economic justice to understand the different ways that consent does or does not alter the moral situation. (shrink)

El objetivo del presente trabajo es analizar dos modelos específicos de discurso sobre la autoridad: un modelo que llamaré «hobbesiano» (representado por Thomas Hobbes) y un modelo que llamaré «raziano» (representado por Joseph Raz). Por un lado, intentaré mostrar que, pese a algunas aparentes similitudes, estos dos modelos son ejemplos de visiones opuestas acerca del tipo de autoridad, y del rol y las consecuencias que se le asignan a ésta en el marco del fenómeno jurídico y social. Por el otro, (...) intentaré mostrar cómo ambos modelos opuestos tienen una importante coincidencia: el fuerte desinterés por su eventual aplicación práctica para analizar la autoridad (especialmente, a nivel justificativo) de casos reales de Estados y sistemas jurídicos. (shrink)

Vigilantism, commonly glossed as “taking the law into one’s own hands,” has been analyzed differently in studies of comparative politics, ethnography, history, and legal theory, but has attracted little attention from philosophers. What can “taking the law into one’s hands” amount to? How does vigilantism relate to mobs, protests, and self-defense? I distinguish between several categories of vigilantism, identify the questions they are most useful for addressing, and offer an analysis on which vigilantism is a kind of political initiative done (...) for the sake of enacting an immediate realignment of power in a polity in accordance with a political vision. In addition to defining a special kind of political initiative, my analysis helps us understand a range of rhetorical powers related to vigilantism, including some of the ways that attributions of vigilantism can mask instances of self-defense, and attributions of self-defense can mask instances of vigilantism. (shrink)

Legitimacy is a concept that has been largely forgotten by the deconstructive discourse on law and politics. This article seeks, on the one hand, to reassess the role of legitimacy in deconstruction and, on the other hand, to bring deconstructive thinking to bear on the concept of legitimacy. By re-reading Derrida’s “Declarations of Independence” through the lenses of his later texts on sovereignty and (counter)signature, it is argued that, rather than being deconstructible, legitimacy is deconstructing any self-founding of law and (...) power. As such, legitimacy functions not as an evaluative concept of law and order but as a constantly insisting demand that facilitates the principles of responsibility and responsiveness. (shrink)

Kant argues that it is only as citizens of a properly constituted state that persons are able to respect one another’s innate right to freedom, for joint subjection to the authority of a state enables them to avoid what Kantians call “the problem of unilateralism”: when I interact with you in a state of nature according to my judgment of right in circumstances of disagreement between us, I implicitly claim that my judgment, and not yours, has authority over us simply (...) because it is mine. But this argument seems vulnerable to a powerful objection: my reason for acting on my judgment of right is not that it is mine but rather that it is, as I believe, correct, and so there is no sense in which I am claiming special authority for that judgment. This paper defends the Kantian problem of unilateralism against this objection and, in so doing, illuminates the feature of the Kantian conception of right that accounts for why, no matter how good and right-loving they might be, persons in a state of nature about right are unable coherently to pursue the aim of acting rightly. (shrink)

This chapter considers how the adoption of autonomous weapons systems (AWS) may affect jus ad bellum principles of warfare. In particular, it focuses on the use of AWS in non-international armed conflicts (NIAC). Given the proliferation of NIAC, the development and use of AWS will most likely be attuned to this specific theater of war. As warfare waged by modernized liberal democracies (those most likely to develop and employ AWS at present) increasingly moves toward a model of individualized warfare, how, (...) if at all, will the principles by which we measure the justness of the commencement of such hostilities be affected by the introduction of AWS, and how will such hostilities stack up to current legal agreements surrounding their more traditional engagement? This chapter claims that such considerations give us reason to question the moral and legal necessity of ad bellum proper authority. (shrink)

The chapter explores the ways in which philosophical thinking about public reason and public justification can shed light on some deep issues regarding the legitimacy or purpose of law, as well as shallower yet no less important questions of constitutional engineering and institutional desing.

In this essay I question the liberal faith in the efficacy and morality of citizenship education (CE) as it has been traditionally (and is still) practiced in most public state schools. In challenging institutionalized faith in CE, I also challenge liberal understandings of what it means to be a citizen, and how the social and political world of citizens is constituted. I interrogate CE as defended in the liberal tradition, with particular attention to Gutmann’s ‘conscious social reproduction’. I argue that (...) CE in practice does not operate on the bases of non-repression or non-discrimination, and has weak claims for legitimacy. In fact, CE in many forms reproduces social inequalities, and contributes to the expulsion of disadvantaged students from schools and from the ranks of recognized citizens. (shrink)

Centripetalism is often perceived as a type of a political system for a multi-segmental, especially multi-ethnic, country in order to create among the members of the political elite of moderate, accomodative, and integrative political behavior cross-cutting segmental divisions which, reaching beyond group interests, depoliticize the segmental separateness and, in this manner, reduce their significance. One of the central institutions of centripetalism is decentralization leading to a division of large segments into smaller parts that inhabit different, ideally multi-segmental regions, thus inclining (...) regional political elites of different segments to collaborate. Although both Nigeria and Indonesia have similar centripetal territorial structures, only Nigeria is a federation. This paper focuses on Nigerian centripetal federalism and its link to the so-called federal character principle that is mostly consociational in substance. Krzysztof Trzcinski, Centripetal Federalism, in: 50 Shades of Federalism, ed. by Soeren Keil & Paul Anderson, Canterbury: Canterbury Christ Church University & Montréal: CRÉQC, 2020. (shrink)

Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s argument (...) fails to vindicate the law’s authority over all combatants. (shrink)

This is the first complete English translation and publication of Donoso’s carta de 24 de octubre, 1851, a letter encapsulating many of his views on revolution and decision. This remarkable letter, sent as a diplomatic missive while he was serving the Spanish crown in Paris, describes how Napoleon III––stuck between the 1848 constitution’s prohibition against his election and his impending coup that will crown him emperor––must gain the support of the liberal bourgeoise middle class if he is to maintain his (...) rule over France. The letter is also of great importance to Donoso and Schmitt scholars because it contains the first and only time Donoso uses the complete term “las clases discutidoras,” which, through Schmitt’s injudicious and repeated misspellings as “una clasa discutidora” has become famous for its characterization of the liberal bourgeoisie as the “discussing” or “disputing” class that is incapable of action at the precise historical moment when a decision is most direly needed to save the constitution from inner or outer existential threats. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...) others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

У статті узагальнено історико-культурологічний досвід ролі і значення національної еліти князівських династій Рюриковичів, володарів Київської Русі та Чернігово-Сіверської гілки Ольговичів, Давидовичів у створенні одного з найбільших у Європі державного об’єднання Київська Русь. Основою збереження своїх територіальних володінь князями були українські традиції сімейного розподілу майна. Системний розподіл престолонаслідування серед нащадків Рюриковичів відбувся після заповіту Ярослава Мудрого, тобто набув соціально-правової норми, названий «лествичним» порядком. Система передбачала успадкування майна дітьми від старшого до молодшого брата, зокрема коли старший князь чернігівський здобував Київ – до (...) Чернігова переходив князь новгород-сіверський, такі переходи відбувалися по лінії брата, спочатку серед старшої лінії, а потім – молодшої. Вони з часом трансформувались у національні традиції сімейного права, що закріплені Цивільним кодексом України. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Al decennia verdedigen liberale theoretici de stelling dat burgerschap de taak is van de school. Hoewel er onder hen substantiële meningsverschillen bestaan, delen ze allemaal hetzelfde geloof in zowel de plicht als capaciteiten van scholen om te doen wat hun theorieën voorschrijven. Wij hebben alle begrip voor de gedachten achter deze theorieën; ze brengen namelijk idealen tot uitdrukking die wij na zouden moeten streven. Ze beschrijven niet de scholen die wij hebben, maar die we nodig hebben. Maar welke verdiensten deze (...) geïdealiseerde liberale visies op burgerschapseducatie ook mogen hebben in een vergaderzaal, ze zijn niet overtuigend en bruikbaar. Simpelweg omdat ze onvoldoende rekening houden met de empirische realiteit van de bredere politieke context waarbinnen beleid op het gebied van burgerschapseducatie wordt ontwikkeld en geïmplementeerd. (shrink)

Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.

There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically (...) by submitting to the scheme's rules. (shrink)

In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people commonly (...) thought to be bound to follow the rules by a duty of fair play is implausible. (shrink)

In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about the rationality (...) of voting and duties of elected officials: (A) Voting is typically rational for the members of a political party’s base; (B) Voting is often (but not always) irrational for “swing” voters (i.e. independent voters who are not affiliated with any political party, as well as “undecided” voters who are considering voting across party lines); and (C) Elected officials have a moral duty to respond to changing levels of popular support once in office, as indicated by properly monitored and corroborated public opinion polls of constituents, functioning more as delegates the lower their level of popular support. Finally, I suggest that the last of these conclusions has wide-ranging implications for political ethics. I illustrate these implications by focusing on the questions -- under debate in the 2016 US Presidential election cycle -- of whether a sitting President has a moral duty to nominate or not nominate a new Supreme Court justice during his or her final year in office, and similarly, whether US Senators have a moral duty to obstruct, or not obstruct, confirmation of the President’s eventual nominee. (shrink)

Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come from (...) individuals having passed on certain individual duties? There are complications: states can discharge their duties by contracting fulfilment out to non-members; states seem able to dissolve the duties of non-members; and some of states' duties are not derived in this way. We demonstrate that these complicate, but do not undermine, the general account and its application to states. And the application has an interesting upshot: by asking which individuals robustly participate in this process of duty transfer-and-transformation with a given state, we can begin to get a grip on who counts as a member of that state. (shrink)

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...) a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens. (shrink)

Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its capacity to use (...) symbols may be in tension with respecting individual autonomy, particularly in cases in which the symbols exert influence without engaging citizens’ rational capacities. But despite the fact that the state’s deployment of symbols may circumvent citizens’ rational capacities, I argue that it may nonetheless be permissible when surrounded by certain liberal institutions and brought about via democratic procedures. (shrink)

This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...) in these cases, anarchist groups and societies and not the state have legitimate authority. When anarchism is not an existing alternative to the state, the state will, under Raz’s theory, have some legitimate authority, but that authority will be limited because anarchism remains a better possible alternative to the state. To support the political anarchist claim I discuss the anarchist collectives during the Spanish civil war, which I argue are an example of anarchism as an existing alternative to the state that better fulfils Raz’s service conception and also provide suggestive evidence that anarchism is in general a better possible alternative. I also discuss the relationship between political anarchism and authority and I argue that despite some tension they are not irreconcilable. I conclude that the interesting anarchist challenge for political theorists is political not philosophical. (shrink)

The celebrated Greek philosopher Plato had dreamed of a philosopher-king to rule his ideal state. Keeping in socratarian tradition Aristotle said in similar way "it is better for a city to be governed by a good man than even by good laws ". According to Plato, “The philosopher is he who has in his mind the perfect pattern of justice, beauty, truth; his is the knowledge of the eternal; he contemplates all time and all existence; no praises are too high (...) for him.”1 Presently the world is facing leadership crisis. We do not find a humanitarian global mindset of leaders in present times and that is the reason that this world despite of so many material developments is facing the crises of ethics, values and humanity. In the light of these insightful quotes of Greek thinkers, here I am going to discuss about the idea of the philosopher king or Rajrishi in Indian context. Rajarshi is an ancient Indian concept of ideal leadership is offered as a solution for the modern world. (shrink)

The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...) promising basis for a claim right to obedience. William Edmundson argues that the principle of fair play cannot generate power rights, and so any attempt at a fair play account of legitimacy must fail. I explain how fair play could generate a power right, owing to its stipulation that the rules of a cooperative scheme specify the form of participants' repayment. (shrink)

This commentary contends that Larry May’s Hobbesian argument for limitations on sovereignty and lawmaking in Limiting Leviathan does not succeed. First, I show that Hobbes begins with a plausible instrumental theory of normativity. Second, I show that Hobbes then attempts, unsuccessfully—by his own lights—to defend a kind of non-instrumental, moral normativity. Thus, I contend, in order to successfully “limit the Leviathan” of the state, the Hobbesian must provide a sound instrumental argument in favor of the sovereign limiting their actions and (...) lawmaking. But, I argue, neither Hobbes nor May provides such an argument. (shrink)

The author attempts to justify the thesis of the servient character of political power. By his analyses, he arrives at two conclusions. First, the ultimate goal of service fulfilled by political power should be identical with the natural goal of every human being, meaning a life of virtue. Hence, service to the cause of the citizens’ virtue requires that the fundamental duties of power include the protection of public peace, the promotion of actions towards the common good, and striving for (...) a common abundance of worldly possessions. Second, to elect those in political power it is necessary to make sure that aspirants to such are characterized by the appropriate level of virtuous development. Each candidate should be first and foremost a person possessing a high moral quality (virtus boni viri), where prudence and magnanimity appear to be virtues especially fitting power (virtutes boni principis). (shrink)

Sobrepondo-se ao ideal que se impõe à teoria política que circunscreve a sua atividade à busca do bem comum e se detém, por essa razão, na investigação dos princípios capazes de viabilizar a instauração do bom governo, a perspectiva de Maquiavel, através do fundamento da experiência e das exemplificações da historialidade, converge para a descoberta de leis que possibilitem a fundação de um Estado, a obtenção do poder e a sua conservação, a instituição da ciência empírica da política, que, caracterizada (...) pela objetividade e realismo, demanda, no âmbito da relação que envolve ética e política, uma distinção entre a moral privada e a moral pública, implicando uma correspondência com a interpretação de Weber, que analisa os fundamentos do poder e imputa ao Estado a condição de detentor da violência “legítima”, identificando a política como uma relação de dominação e a possibilidade do exercício de duas éticas, a saber, a “ética das últimas finalidades” (“ética da convicção”) e a “ética da responsabilidade”. (shrink)

Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...) of a conception of legitimacy that mediates between idealistic (or moralistic) and realistic (or pragmatic) desiderata of political theory, i.e. between the aspiration to peace and the aspiration to justice. In other words, this paper considers whether an account of compromise could feature in a viable realistic conception of political legitimacy, in much the same way in which consensus features in more idealistic conceptions of legitimacy (a move that may be attributed to some realist theorists, especially Bernard Williams). My conclusions, however, are largely sceptical: I argue that grounding legitimacy in any kind of normatively salient agreement does require the trappings of idealistic political philosophy, for better or – in my view – worse. (shrink)

For the political naturalist, skepticism about political obligations only arises because of a basic confusion about the necessity of the state for human well-being. From this perspective, human beings are naturally political animals and cannot flourish outside of political relationships. In this paper, I suggest that this idea can be developed in two basic ways. For the thick naturalist, political institutions are constitutive of the best life. For the thin naturalist, they secure the basic background conditions of peace and stability (...) that are necessary for any minimally decent human life. Both approaches, however, are problematic, and while political institutions might have a special kind of value for human well-being, it is difficult to convert this claim into a justification for political obligations. (shrink)

Krzysztof Trzciński, ‘The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 2).’ The article has been published in “Afryka” 35, 2011, pp. 11-26 and is a continuation of the previous paper published under the same title in “Afryka” 34. Part 2 explains a couple of cases (of the Senate of Lesotho, and two Houses of Chiefs, in Botswana and Zambia) that seem useful in the analysis of the Nigerian political thinker Claude Ake’s concept (...) of the ‘chamber of nationalities.’ According to the concept, in a multiethnic African state, a bicameral parliament should be constituted, of which the upper house should be created based on the existing ethnic divisions, allowing all ethnic groups to be represented in a balanced way and thus empowering the smaller of them. Implementation of this concept might contribute to the building of more peaceful and politically stable states in Africa. In the latter part of this article, a study of the political system of Bosnia and Herzegovina is discussed in short, with a particular focus on the case of the House of Peoples of Bosnia and Herzegovina that resembles Ake’s concept very closely. In the final part of the article, some drawbacks of Ake’s concept are brought up and discussed critically. (shrink)

In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, when fully unfolded, refers (...) to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (shrink)

A review of Arthur Ripstein, Force and Freedom: Kant's Legal and Political Philosophy (Harvard University Press, 2009).

Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...) and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

In this paper I outline a theory of legitimacy that grounds the state’s right to rule on a natural duty not to harm others. I argue that by refusing to enter the state, anarchists expose those living next to them to the dangers of the state of nature, thereby posing an unjust threat. Since we have a duty not to pose unjust threats to others, anarchists have a duty to leave the state of nature and enter the state. This duty (...) correlates to a claim-right possessed by those living next to them, who also have a right to act in self-defence to enforce this obligation. This argument, if successful, would be particularly attractive, as it provides an account of state legitimacy without importing any normative premises that libertarians would reject. (shrink)

It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...) the concepts of government and law are to be understood in terms of the concept of power. In actuality, the first two concepts are to be understood primarily in terms of the concept of morality--of rights-protection, to be specific--and only secondarily in terms of the concept of power. Contentions (a) and (b) appear to be inconsistent with obvious facts (e.g. the fact that Pol Pot's regime violated the rights of those over whom it had power). But (a) and (b) are compatible with those facts. This is a consequence of two principles. First, moral requirements have a "dimension of weight," as Dworkin put it, meaning that one moral imperative can be outweighed, without being obliterated, by another moral imperative. Second, sentential operators can have different degrees of scope. "It is hereby assured that" is such an operator. Linguistic surface structure may obfuscate the degree of scope that it has in a given sentence. That fact compatibilizes our analysis with the fact that there are evil laws and evil governments. (shrink)

In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides reasons for (...) doubting that this ‘insularity’ can be achieved, and explores ways of reformulating the principle so that it does not exclude itself. (shrink)

This article raises a principled objection to the privatization of certain core police services. Whereas most of the literature critical of privatizing security services has focused on the negative consequences of doing so (corruption, waste, etc.), the argument here focuses squarely on the standing of private parties to perform police services. According to an important strain of liberal political theory, certain tasks are assigned to the state not because it is deemed to be more efficient at delivering those services but (...) simply because such services must be rendered by a party that acts in the name of the polity as a whole and not in the name of some narrower private interest. The author argues that all those policing functions – such as arrest, search, and detention – that require criminal law justification (because they involve conduct on the part of officers that is generally criminally prohibited) are of this nature. The article also summarizes the different dimensions of the larger privatization debate and traces the development of the debate about legitimate policing in the nineteenth and twentieth centuries. (shrink)

Krzysztof Trzciński, ‘Some Remarks on the Idea of Rotational Presidency in an African State.’ The article has been published in “Afryka” 31-32, 2010, pp. 29-44. The main aim of this article is to explain and analyze in a critical way the concept of the rotational presidency, proposed for a multiethnic African state by a Ghanaian philosopher Kwame Gyekye. In his opinion, the presidency in an African state should be rotated between all ethnic groups. According to Gyekye, this system would allow (...) the sharing of power between ethnic groups, create trust in their relations and, as a consequence, improve the coherence of a multiethnic state. However, Gyekye’s concept lacks some essential details and seems very difficult to be implemented. Wielu afrykańskich badaczy polityki i innych intelektualistów niezadowolonych z realiów sprawowania, czy wręcz zawłaszczania władzy przez rządzących we współczesnym afrykańskim państwie, szuka rozwiązań ustrojowych alternatywnych wobec obecnie istniejących. Pragną oni ustanowienia w afrykańskim państwie porządku demokratycznego, ale skrojonego na potrzeby jego wieloetnicznej specyfiki. Jedną z wysuwanych propozycji jest osłabienie pozycji prezydenta, który w Afryce zwykle wywodzi się z najliczniejszej lub najsilniejszej grupy etnicznej i posiada bardzo ważne oraz rozbudowane prerogatywy. Sposobem umniejszenia roli urzędu prezydenckiego może być rotacja przywództwa, która stosowana jest w niektórych porządkach ustrojowych (zwłaszcza w Szwajcarii, Bośni i Hercegowinie, na Komorach), a jej współczesnych korzeni należy szukać w ustroju dyrektoriatu z czasów Rewolucji Francuskiej. (shrink)

Legitymacja należy do kluczowych zagadnień myśli politycznej i jest nierozerwalnie powiązana między innymi z takimi terminami jak państwo, władza, obywatele, poddani, prawa i obowiązki. Pojęcie legitymacji jest niezwykle ważne i być może właśnie z tego powodu jego istota stanowi temat wielu dyskusji. W tym artykule nie będziemy jednak analizować sporów definicyjnych. Ograniczymy się do podejścia, jakie proponuje Roger Scruton, unikając przedstawienia ścisłej definicji. Termin ‘legitymacja’ określa, jego zdaniem, to samo, co pojęcia ‘prawomocność władzy’ bądź ‘prawowite panowanie’. Gdy rządzący dzierżą władzę (...) nie posiadając do tego uprawnienia, wówczas mówimy, że władza jest przez nich wykonywana bez legitymacji. Legitymacja dotyczy relacji między obywatelami (poddanymi) a władzą państwową lub – jak ma to miejsce na przykład w Afryce Subsaharyjskiej – lokalnym władztwem tradycyjnym. Pojęcie legitymacji odnosi się przede wszystkim do tak podstawowych zagadnień jak podporządkowanie się obywateli (poddanych) decyzji władz oraz prawo władzy państwowej (lub tradycyjnej) do ograniczania wolności obywateli (poddanych). Legitymacja była istotnym problemem politycznym na przestrzeni ludzkich dziejów i we wszystkich obszarach świata. Również i dziś stanowi aktualną kwestię. Władza we współczesnych państwach demokratycznych czerpie legitymację z woli elektoratu wyrażonej w wyborach. Nawet w takim wydawałoby się idealnym stanie rzeczy legitymacja niejednokrotnie stanowi przedmiot dyskusji. Seymour Martin Lipset pisze w tym kontekście o ‘szacunkowości’, czy też względności legitymacji i uważa, że ludzie w państwie uznają istniejący w nim system polityczny jako posiadający legitymację lub nie w zależności od tego, czy wartości systemu odpowiadają wartościom przez nich wyznawanym. I tak na przykład, gdy prezydentem demokratycznego państwa zostanie popierany przez nas kandydat, automatycznie uznajemy jego władzę za legitymowaną. Jeśli jednak wybory prezydenckie wygra osoba, której nie darzymy poparciem czy zaufaniem, wówczas zdarza się nam podważać jej legitymację, zwłaszcza gdy została wybrana na urząd w sytuacji niskiej frekwencji wyborczej. W państwach pokolonialnej Afryki problem legitymacji jest daleko bardziej skomplikowany niż w świecie zachodnim. Podczas gdy Max Weber wyróżnił trzy czyste typy prawomocnego panowania (legalne, tradycyjne i charyzmatyczne) w państwie, David Beetham uznał, że typologia ta jest nieadekwatna ze względu na różnorodność rodzajów władzy, które istniały w XX wieku. Pogląd Beethama odpowiada po części sytuacji w Afryce, gdzie w przypadku wielu pokolonialnych państw przetrwały różne lokalne systemy władzy przedkolonialnej (królestwa, sułtanaty, wodzostwa) o legitymacji tradycyjnej, przy jednoczesnym istnieniu na poziomie ogólnopaństwowym panowania legalnego lub quasi-legalnego, mniej lub bardziej zgodnego z państwowym porządkiem prawnym. (shrink)

In this article, I make a philosophical case for the state to fund religious schools. Ultimately, I shall argue that the state has an obligation to fund and provide oversight of all schools irrespective of their religious or non-religious character. The education of children is in the public interest and therefore the state must assume its responsibility to its future citizens to ensure that they receive a quality education. Still, while both religious schools and the polity have much to be (...) gained from direct funding, I will show that parents and administrators of these schools may have reasons to be diffident toward the state and its hypothetical interference. While the focus of the paper is primarily on the American educational context, the philosophical questions related to state funding and oversight of religious schools transcend any one national context . (shrink)

In light of the pragmatic aspirations of ordinary language philosophy, this essay critically examines the competing grammatical strictures that are often set forth within the theoretical discourse of 'power'. It repudiates both categorically appraisive employments of 'power' and the antithetical urge to fully operationalize the concept. It offers an attenuated defense of the thesis that 'power' is an essentially contestable concept, but rejects the notion that this linguistic fact stems from conflict between antipodal ideological paradigms. Careful attention to the ordinary (...) pragmatics of power-language evinces the prospects for integrating various context-specific aspects of power and mediating between traditionally divergent theoretical frameworks. (shrink)