Political Authority

Sometimes, political bald-faced lies pass for truth. That is, certain groups of people behave according to them – behave as if the political bald-faced lies were true. How can this phenomenon be explained? I argue that to explain it we need to take political bald-faced lies to be performative utterances whose goal is to bring about a worldly state of affairs just in virtue of making the utterance. When the former US-President tweeted ‘we won the election’, people stormed Capitol Hill (...) to protest election fraud and some were killed. In this way, the bald-faced lie was successful in passing for truth. My performative view of political bald-faced lies is to be preferred over various other views such as the contempt for truth view (Lynch 2021), the deception view (Lackey 2013), and the value-signaling view (Stanley 2012). These alternative views fail to adequately account for how political bald-faced lies pass for truth. (shrink)

I offer a Kantian argument for the idea that the state lacks the authority to punish neglected, impoverished citizens when they commit crimes to cope with that neglect. Given Kant’s own commitments to the value of external freedom and the state’s obligation to ensure it in Doctrine of Right, there is no reason a Kantian state can claim authority to punish an impoverished citizen while also failing in significant ways to protect her external freedom.

The Canadian Department of Citizenship and Immigration has recently proposed to make in-person citizenship ceremonies optional. These ceremonies are oaths of allegiances: naturalizing citizens swear loyalty to King Charles and obedience to the laws of Canada. The Department of Citizenship and Immigration proposes to allow naturalizing citizens to take these oaths by checking a box online rather than by taking part in an in-person ceremony. In this commentary, I argue that Canada should go much further. It should stop forcing naturalizing (...) immigrants to swear oaths of allegiance altogether. Such oaths create an unjust inequality between naturalized and natural-born citizens: they mean the former have much weightier political obligations than the latter. (shrink)

Democracy is widely praised as a great achievement of humanity. However, in recent years there has been an increasing amount of concern that its functioning across the world may be eroding. In response, efforts to combat such change are emerging. Considering the pervasiveness of technology and its increasing capabilities, it is no surprise that there has been much focus on the use of artificial intelligence (AI) to this end. Questions as to how AI can be best utilized to extend the (...) reach of democracy to currently non-democratic countries, how the involvement in the democratic process of certain demographic groups (e.g. ethnic minorities, women, and young people) can be increased, etc. are frequent topics of discussion. In this article I would like not merely to question whether this is desirable but rather argue that we should be trying to envisage ways of using AI for the exact opposite purpose: that of replacing democratic systems with better alternatives. (shrink)

Many philosophers have recently become interested in conceptual engineering, or the activity of producing better conceptual schemes in human populations. But few, if any, are asking the question: what would it mean for actual human agents to possess the social authority to modify a conceptual scheme in this way? This paper argues for a deontological approach to conceptual engineering, wherein we have to secure social authority qua engineers before attempting to modify social concepts. I show that the dominant, consequentialist conception (...) of engineering violates basic rights that concept-users have, particularly over their own identity-constituting concepts. Using examples from the philosophy of race and sexuality, I show that conceptual engineers cannot authoritatively modify social concepts if they employ consequentialist reasoning about those concepts. (shrink)

Michael Wendeler’s disputation on the Turkish republic is a discussion of Ottoman history, political philosophy, and the concept of monarchy and tyranny. Half of his disputation concerns the identification of the Turks with the little horn which arises on the head of the fourth beast in the prophet’s vision described in the Book of Daniel 7:1–28. Giving copious historical references, Wendeler explains that this little horn cannot be referring to Christ as the Jews believe, nor to the Seleucid monarch Antiochos (...) Epiphanes as the Calvinists believe. Nor can it be identifed with the Antichrist as the Catholics believe. Wendeler puts forth a detailed argument that the little horn on the fourth beast in the prophecy of Daniel can only be identified with the Turkish monarch (Ottoman Sultan). In conclusion, Wendeler draws a parallel between the monstrous ‘little horn’—the tyrannical Turkish monarchy—and the tyranny of the Catholic Church, exemplified by the untrustworthy Pope and the satanic writings of the Catholic Machiavelli. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

Two challenges have faced policymakers during the Covid-19 pandemic: First, they must determine the reliability of expert testimony in the face of uncertainty; second, they must determine the relevance of different kinds of expertise with regard to particular decisions. I argue that both these problems can be fruitfully analyzed through the lens of trust by introducing an in-depth case study of Iceland’s handling of the first wave of the Covid-19 pandemic. I contend that the problem of relevance highlights the limited (...) appeal of a thoroughly technocratic society. Value judgments, best realized through democratic processes, are always lurking in the background. (shrink)

The paper examines one of the considerations that determines the extent to which policymakers pursue the objec- tives demanded by constituents. The nature and extent of their ignorance serve to determine the incentives confronted by policymakers to pursue their constituents’ demands. The paper also considers several other consequences of policymaker ig- norance and its relationship to expert failure.

Is political equality viable given the unequal private property holdings characteristic of a capitalist economy? This book places the wealth-politics nexus at the centre of scholarly analysis. Traditional theories of democracy and property have often ignored the ways in which the rich attempt to convert their wealth into political power, operating on the implicit assumption that politics is isolated from economic forces. This book brings the moral and political links between wealth and power into clear focus. The chapters are divided (...) into three thematic sections. Part I analyses wealth and politics from the perspective of various political traditions, such as liberalism, republicanism, anarchism, and Marxism. Part II addresses the economic sphere, and looks at the political influence of corporations, philanthropists and commons-based organizations. Finally, Part III turns to the political sphere and looks at the role of political parties and constitutions, and phenomena such as corruption and lobbying. Wealth and Power: Philosophical Perspectives will be of interest to scholars and advanced students working in political philosophy, political science, economics, and law. (shrink)

Orson Scott Card and his Ender Series have had a profound impact on the genre of contemporary science fiction, meriting an academic analysis of some of his more theoretical ideas. I have chosen to analyze his concept of “Center” and “Edge” nations found in Xenocide and Children of the Mind through the lens of international relations, sociological, and political theory, in order to bring nuance to an underdeveloped theory that many non-academics may be familiar with. Ultimately, we must conclude that (...) Card’s concept of “Center” and “Edge” nations is too stagnant and does not account for social and hegemonic change, which influences the justifications of why these “nations” may be considered “Center” in the first place. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, such discontinuities (...) fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

This chapter sets out John Rawls’s conception of autonomy and considers the role that it plays in his thought across A Theory of Justice and Political Liberalism. I suggest that one distinctive but overlooked feature of this conception is that it takes seriously the threat to autonomy that arises from how individuals are shaped by their social and political institutions. After setting out this conception and tracing its connections to wider discussions of autonomy, I argue for two main conclusions. First, (...) that despite appearances to the contrary, Rawls’s autonomy-based commitments are broadly speaking consistent across his two main works. Second, that these autonomy-based commitments are not in fact disbarred from playing a grounding role in Political Liberalism. On the contrary, I suggest that Rawls’s conception of autonomy motivates his aim of finding principles of justice that can be stable, and that this in turn illuminates his later commitment to a political liberalism. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...) parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

Vardoulakis examines the concept of political theology in terms of the ancient greek term "stasis." The term "stasis" means both mobility and immobility. Vardoulakis explores these seemingly contradictory meanings generate a notion of agonistic politics that challenges perceived ideas about political theology.

What kind of thing, as it were, is power and how does it fit into our understanding of the social world? I approach this question by exploring the pragmatic character of power ascriptions, arguing that they involve fictional expectations directed at an open future. When we take an agent to be powerful, we act as if that agent had a robust capacity to make a difference to the actions of others. While this pretense can never fully live up to a (...) social reality whose future is open, acting on such expectations helps constitute social order. Fictional expectations are thus built into the material practices that constitute power. This account, I argue, helps us make sense of some of the deep disagreements about the nature of power. I develop the account by drawing on Thomas Hobbes’s myth of an original institution of sovereign power before expanding it to other forms of power. (shrink)

Edmund Burke’s political philosophy is generally known as the theoretical foundation of Western conservatism. In his intellectual elaboration, society is an organic complex organized in many stratified social classes. But who has the right to lead the community towards the common good? Burke’s answer to that question is: the natural aristocracy. Being the society «a clause in the great primeval contract of eternal society» – so writes Burke –, all creatures are «each in their appointed place». And the group destined (...) to lead the whole is represented by the natural aristocracy. However, this aristocracy shouldn’t be entirely confused with the big landowners and with the traditional nobility; rather, Burke’s vision is founded over a classical concept based on virtue and wisdom, and the natural aristocrats are described as «those who are virtute et honore majores». Hence, the aristocracy of birth and wealth is only a part of it — and every civil society will develop a natural aristocracy, or else fall into chaos and subversion. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through (...) the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be (...) seen as part of an ongoing transformation in the relations between Indigenous peoples and the Australian state. (shrink)

W artykule tym przedstawiam koncepcję rozwoju autorstwa wybitnego nigeryjskiego myśliciela i demokraty Claude’a Akego. Ake zaproponował abstrakcyjny paradygmat rozwoju społeczeństw afrykańskich w warunkach demokracji. Paradygmat ten opiera się na rolnej strategii rozwoju, zgodnie z którą powinien być on uzyskiwany małymi krokami i pierwotnie generowany na wsi. Ake zdefiniował rozwój jako proces, „poprzez który ludzie kształtują i zmieniają siebie oraz swoją sytuację życiową, by osiągać wyższe poziomy cywilizacyjne, zgodnie z własnymi wyborami i wartościami”. Zdaniem nigeryjskiego myśliciela, rozwój jako proces zbiorowy powinien (...) być wytwarzany przez tych, którzy mają go doświadczać. Ake krytykował dominujący, jego zdaniem, zachodni paradygmat rozwoju Afryki, zgodnie z którym rozwój może zostać narzucony Afrykanom z zewnątrz, a demokratyczna władza wcale nie musi stanowić warunku sine qua non rozwoju. W opinii Akego, zachodnie próby zintensyfikowania rozwoju w Afryce, które cechował brak zrozumienia dla afrykańskich uwarunkowań kulturowych, w tym sposobów myślenia i życia Afrykanów, skończyły się porażką. Koncepcja Akego, choć ciekawa i poparta ważnymi argumentami oraz przykładami, nie jest wolna od uogólnień i sprzeczności. Co więcej, jak się wydaje, nigeryjski myśliciel zaprezentował model rozwoju bliski autarkii i wyzuty z realiów współczesnej ekonomii. W konsekwencji krytycznie oceniam część opinii Akego i ukazuję podstawowe, moim zdaniem, ich mankamenty. (shrink)

Monografia ta traktuje o ograniczaniu konfliktów w relacjach między segmentami społecznymi (takimi jak grupy etniczne, wspólnoty religijne), w których członkostwo opiera się na podstawach askryptywnych i kulturowych, a także między nimi a władzą centralną w Nigerii i Indonezji. Państwa te mają burzliwą historię niepodległego bytu, ogromne wieloetniczne i wieloreligijne populacje, duże gospodarki oraz zasoby surowców energetycznych. Jak wskazują liczne raporty, będą wkrótce należeć do najważniejszych w świecie. W Nigerii i Indonezji funkcjonują systemy polityczne oparte na tzw. power-sharing (współrządzeniu), tj. takie, (...) które za pomocą specyficznych formalnych i nieformalnych instytucji (rozumianych jako zespoły reguł) dopuszczają do udziału we władzy elity polityczne wywodzące się z różnych segmentów etnicznych i religijnych. Celem instytucji power-sharing jest budowanie pokoju i stabilności politycznej. Autor badań, których owocem jest ta praca, dokonał identyfikacji, wyjaśnienia i analizy roli oraz genezy najistotniejszych z nich, dowodząc zarazem, że w Nigerii i Indonezji współistnieją instytucje dwóch głównych modeli power-sharing, tj. konsocjonalizmu i centrypetalizmu. W konsekwencji wykazał, że międzysegmentowe współrządzenie w obu państwach ma charakter hybrydowy. Jest to poszerzenie empirycznej teorii power-sharing. Jej klasycy, Arend Lijphart (konsocjonalista) i Donald L. Horowitz (centrypetalista), nie przywiązywali większej wagi do możliwości implementacji instytucji dwóch modeli w ramach tego samego systemu politycznego. Tymczasem w Nigerii i Indonezji łączenie instytucji centrypetalnych i konsocjonalnych przyczyniło się do ograniczenia konfliktów. (shrink)

Europe has never had a single definition for the term ‘citizen.’ Indeed, over the centuries the significance of this term has undergone far-reaching evolution. In different historical periods, different states, and different European languages, this term has had diverse meanings and has been used in varying contexts. The concept of ‘citizen’ has repeatedly been defined anew depending upon specific political, social, and economic conditions. At various periods, the term ‘citizen’ has related to a wider or narrower portion of a given (...) state’s society. The criteria by which an individual was said to form a part of the body of citizens have also differed. The changes which have taken place in the definition of a ‘citizen’ over the centuries are enormous. This is not to say, however, that there has been no common core to the concept of citizen as it has taken shape over the course of hundreds of years. As far back as ancient times, a member of the state could influence the shaping of that state’s authorities and could participate in government. It is the Aristotelian concept of the citizen – a concept that has influenced all historical models of citizenship since – which is at the root of the citizen understood as a political animal (politikon zoon). In addition, personal freedom has always been a sine qua non for possessing citizen status. Thus, a citizen has always been, and remains, the opposite of a slave. It has also come to be accepted that citizenship implies the primacy of an individual’s rights in a state over an individual’s obligations to that state. The polar opposite of this situation in the historical dimension is subjection to the monarch in an absolute monarchy. Thus the ‘citizen’ also stands in opposition to the ‘subject.’ When speaking of the historical models containing the said ‘citizenship traits’ of a person’s status in the state, we usually refer to the model of the citizen in ancient times, in medieval municipal citizenship, and in modern times, in the fully−formed nation-state. It is difficult to imagine a citizen in an absolute monarchy, and in a world of subjection. Still, it is possible to give rein to one’s imagination and perceive citizens in such a setting; one could even go a step further and call the subject of an absolute monarch a citizen. But is imagination truly necessary in order to conduct such a seemingly obvious reversal of perspective? Published as a chapter in Krzysztof Trzciński (ed.), The State and Development in Africa and Other Regions, Warsaw University & ASPRA, Warsaw 2007, pp. 319-332. (shrink)

There are various ways of reducing conflicts and of stabilizing the political situation in states where society is made up of many different ethnic groups and religious communities, and where relations between these segments – or between them and the central government – are tense. A particularly important way is the establishment in those states of a political system based on power-sharing (PS), which allows members of various ethnic and religious segments to take part in the exercise of power. The (...) literature on the subject usually discusses two models of PS: consociationalism and centripetalism. A third model is encountered in practice, however, that of hybrid power-sharing (HPS), which combines the institutions of the first two. The main objective of this article is to explain the nature and origins of HPS. (shrink)

Citizens are politically autonomous insofar as they are subject to laws that are (a) justified by reasons acceptable to them and (b) authorized by them via their political institutions. An obstacle to the equal realization of political autonomy is the plurality of religious, moral, and philosophical views endorsed by citizens. Decisions regarding certain fundamental political issues (e.g., abortion) can involve citizens imposing political positions justified in terms of their respective worldviews upon others. Despite citizens’ disagreements over which worldview is correct, (...) ‘political liberalism’ claims that there is a form of political autonomy that is realizable within pluralist societies. (Political liberalism differs from ‘comprehensive liberalism’ by, inter alia, being ‘freestanding’ vis-à-vis citizens’ different worldviews.) Citizens can be politically autonomous if they enjoy equal political power and justify its exercise with ‘public reasons.’ A political liberal education would aim at ensuring that all students can become politically autonomous citizens by teaching them how to exercise their democratic rights effectively and how to engage in public reasoning. Some political and educational theorists, however, argue that teaching students how to be politically autonomous amounts to teaching them how to be ‘comprehensively’ autonomous. If this is so, then the distinction between political liberalism and comprehensive liberalism collapses, at least with respect to education. This chapter outlines the main elements of political liberalism, summarizes the main requirements of a political liberal citizenship education, and surveys three arguments in support of and against the thesis that a political liberal education amounts to an education for comprehensive autonomy. (shrink)

Plato’s Sophist and Statesman stand out from many other Platonic dialogues by at least two features. First, they do not raise a ti esti question about a single virtue or feature of something, but raise the questions what sophist, statesman, and philosopher are, how they differ from each other, and what worth each should be accorded. Second, a visitor from Elea, rather than Socrates, seeks to addressed these questions and does so by employing what is commonly referred to as the (...) method of collection and division. Some scholars have argued that this so-called method is value neutral and therefore unable to address the question how philosophy differs from sophistry and statesmanship according to worth. This article contends that the procedures of collection and division does not preclude the visitor from taking considerations of worth into account, but rather helps establish an objective basis for settling the main questions of the dialogue. (shrink)

Joint practical deliberation is the activity of deciding together what to do. In this dissertation, I argue that several speech acts that we can use to alter our moral obligations – promises, offers, requests, demands, commands, and agreements – are moves within joint practical deliberation. -/- The dissertation begins by investigating joint practical deliberation. The resulting account implies that joint deliberation is more flexible than we usually recognize, in two ways. First, we can make joint decisions not only about what (...) we will do together, but also about what you or I will do alone. Second, we can deliberate by means of two distinct methods: propose-and-ratify, in which a proposed joint decision must be explicitly accepted to come into effect, and propose-and-challenge, in which a proposed joint decision comes into force unless it is explicitly challenged. -/- Varying these parameters generates a botany of different kinds of proposals we can make within joint deliberation. When we look at these proposals more closely, we make a surprising discovery: for each kind of proposal we can make in joint practical deliberation, there is an everyday speech act with the very same properties. A certain kind of proposal to make a joint decision regarding one’s own actions has the same normative effects, under the same conditions, as a promise. One kind of proposal to make a joint decision regarding one’s addressee’s actions has all the essential features of a command; another kind of deliberative proposal – with the same content but a different method of evaluation – looks exactly like a request. And so on. -/- These similarities are too systematic to be coincidental. The only explanation, I argue, is that these ordinary speech acts are identical to their doppelgängers within joint practical deliberation. Promises and offers are proposals to make joint decisions about what I will do. Commands, demands, and requests are proposals to make joint decisions about what you will do. And agreements are joint decisions about what we will do. Call this the deliberative theory of these speech acts. -/- Considering each speech act in turn, I defend the deliberative theory by arguing that it provides a uniquely powerful explanation of its targets’ social and moral significance. Once we see how naturally these speech acts fall out of our practice of joint deliberation, theories that treat them as sui generis – as many moral philosophers now do – will come to seem redundant and nonexplanatory. Conversely, thinking of promises, offers, commands, demands, requests, and agreements as moves within joint practical deliberation allows us to give an elegant and generative theory of these phenomena that have confounded moral philosophers for so long. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...) has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

In The Problem of Political Authority, Michael Huemer argues that the contractarian and consequentialist groundings of political authority are unsuccessful, and, in fact, that there are no adequate contemporary accounts of political authority. As such, the modern state is illegitimate and we have reasons to affirm political anarchism. We disagree with Huemer’s conclusion. But we consider Huemer’s critiques of contractarianism and consequentialism to be compelling. Here we will juxtapose, alongside Huemer’s critiques, a theistic account of political authority from Nicholas Wolterstorff’s (...) book The Mighty and the Almighty. We think that Wolterstorff’s model does better than contractarianism and consequentialism at answering Huemer’s critiques. We also think that an abductive basis for God’s existence emerges from the inadequate authority accounts that Huemer surveys. (shrink)

El objetivo de este artículo es interrogar la obra ensayística, literaria y periodística del escritor inglés Gilbert Keith Chesterton desde una perspectiva teórico-política y poner en tensión aquellos elementos conceptuales que se encuentran enfrentados con algunos de los principales supuestos de la modernidad. La propuesta de este trabajo es organizar estos elementos dispersos y postular la posibilidad de estructurar una filosofía política a partir de una lectura que los integre. Se hará hincapié en su crítica a la idea moderna de (...) progreso, para luego explorar la posibilidad de derivar de las reflexiones del autor un cuerpo conceptual coherente que pueda ser considerado relevante para la teoría política. Para esta tarea, se toman como punto de partida conceptos centrales para la ciencia política presentes en sus obras que se encuentran alumbrados por doctrinas teológicas clave dentro del pensamiento cristiano, vector fundamental de sus escritos. Particularmente, se insiste en profundizar en las reflexiones del autor en torno a la democracia, estableciendo una relación específica con sus consideraciones teológicas y políticas. (shrink)

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is plain, here, (...) that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

I begin this essay with a notion of "authority" that makes a sharp distinction between authority and power, and grant that such authority is not only legitimate, but perhaps even necessary in human affairs. I then trace the devaluation of this idea through varying degrees of institutionalization, culminating in its political cooptation. I argue, finally, that what goes by the name of political authority is the very antithesis of the legitimate and necessary element that we began with.

My objective in this paper is to address a handful of issues that typically get raised in discussions of philosophical anarchism. Some of these issues arise in discussions among partisans of anarchism, and some are more likely to be raised in efforts to defend the state against its opponents. My hope is to focus the argument in such a way as to make clearer the main issues that are at stake from the point of view of at least one version (...) of philosophical anarchism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' War, (...) a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

This article defends a relational account of personhood. I argue that the structure of personhood consists of dyadic relations between persons who can wrong or be wronged by one another, even if some of them lack moral competence. I draw on recent work on directed duties to outline the structure of moral communities of persons. The upshot is that we can construct an inclusive theory of personhood that can accommodate nonhuman persons based on shared community membership. I argue that, once (...) we unpack the internal relation between directed duties, moral status, and flourishing, relations can ground personhood and include nonhuman animals. (shrink)

Polarization often happens asymmetrically. One political actor radicalizes, and the results reverberate through the political system. This is how the deep divisions in contemporary American politics arose: the Republican Party radicalized. Republican officeholders began to use extreme legislative tactics. Republican voters became animated by contempt for their political rivals and by the defense of their own social superiority. The party as a whole launched a wide-ranging campaign of voter suppression and its members endorsed violence in the face of electoral defeat. (...) This paper is about how such asymmetric polarization affects everyone else’s obligations. My core claim is that two kinds of relationship – civic friendship and non-subordination – underpin critical democratic norms. Republican misbehavior has severed cross-partisan civic friendships. Their authoritarianism forfeits their claim to non-subordination. The former means that non-Republicans need not justify policy on public grounds. The latter undercuts Republicans’ claim to enjoy minority vetoes when out of power and it gives their rivals reason to disobey the laws that Republicans make when they are in power. More generally, when one political actor contravenes the proper norms of democratic politics, their opposition is not bound by those norms. (shrink)

This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the face of disagreement and uncertainty (...) about who “I” am and who “we” are. I then propose a composite, pragmatic picture. This view casts the question of political legitimacy as an existential predicament: it is fundamentally a question about who you are—both as a person and as a member of collectives. The pragmatic picture integrates rational, prudential, and ethical qualities of good judgment that were heretofore associated with mutually exclusive ways of theorizing legitimacy. It also implies that the question of legitimacy cannot be resolved philosophically. (shrink)

How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the approach that Brock takes. In (...) thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

Many conservatives endorse a defence of closed borders grounded in basic liberal rights such as the basic right of association. Some conservatives also endorse libertarian principles of legitimacy. It is not clear though that this sort of defence of closed borders is somehow coherent with these libertarian ideals. I argue that conservative libertarians of this kind must reject this defence of closed borders because either it collapses into a form of statism incoherent with libertarian principles of legitimacy, or into an (...) ideal precept without appeal regarding reality in the here and now that could only be applied to changing the very nature of the societies we know. As a result, at least conservative libertarians need to find a different source of justification for closed borders. (shrink)

The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...) ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders. (shrink)

Krzysztof Trzciński, Źródła legitymacji tradycyjnego władztwa we współczesnej Afryce jako przyczynek do lepszego zrozumienia jego roli i fenomenu trwania, "Afryka" 2009, t. 29-30, s. 47-70. 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)

Associative duties are agent-centered duties to give defeasible moral priority to our special ties. Our strongest associative duties are to close friends and family. According to reductionists, our associative duties are just special duties—i.e., duties arising from what I have done to others, or what others have done to me. These include duties to abide by promises and contracts, compensate our benefactors in ways expressing gratitude, and aid those whom we have made especially vulnerable to our conduct. I argue, though, (...) that reductionism faces a problem: special duties are not strong enough to account for the strength of our associative duties. At the bar of associative duties, we are required to do what no special duty can warrant. I then present an alternative reductionist analysis of associative duties—the ‘Identity-Enactment Account’—which not only accounts for the peculiar strength of our associative duties, but also characterizes them in an intuitively compelling way. On this account, our strongest associative duties are special duties to protect or promote the welfare of the duty’s beneficiary by adopting and enacting a practical identity in which the duty’s beneficiary features prominently. There are persons who can legitimately demand a prominent place in our mental lives, for the protection and intimacy it affords. They can, in effect, legitimately demand to be among our nearest and dearest. The correlative of such a demand is, on our part, an associative duty we have toward them. (shrink)

Nationalism seems a persistent ideology in academia as much as in politics; despite the fact that it has been shown that nationalism is deeply unjust for minorities. A case for national identity is often invoked to supplement liberalism regarding the inner difficulties that liberal theories have to explain their membership, assure stability and produce endorsement. So, it seems that national identity may also be required for justice. While this controversy continues, I argue that a different approach is available. We can (...) define a conception of legitimacy independently from a conception of justice, and then ask what legitimacy requires from our national allegiances. If everything goes well, much of the controversy from justice disappears as we find that the case for cultural nationalism may be illegitimate for liberal democracies. (shrink)

Associative duties are non-contractual duties owed in virtue of a valuable relationship. They hold between lovers, family members, friends, and perhaps compatriots. General duties, by contrast, are owed to people simply in virtue of their humanity: they are grounded in each person’s great and equal moral worth. In this paper, I ask what should be done when we can perform either an associative duty or a general duty, but not both.

I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...) and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)

People often think that their special relationships with family, friends, comrades and compatriots, can ground moral reasons. Among these reasons, they understand some to be duties – pro tanto requirements that have genuine weight when they conflict with other considerations. In this paper I ask: what is the underlying moral structure of associative duties? I first consider and reject the orthodox Teleological Welfarist account, which first observes that special relationships are fundamental for human well-being, then claims that we cannot have (...) these relationships, if we do not recognise associative duties, before concluding that we should therefore recognise associative duties. I then introduce a nonteleological alternative, grounded in the Appropriate Response approach to ethical theory. (shrink)