States and Nations, Misc

In this commentary, I explain how a student movement evolved from a social movement for quota reform into a political movement demanding regime change. I argue that the key factor enabling this transformation was its ability to unite various factions, which shifted public sentiment from addressing specific grievances to mounting a broader challenge to the regime.

This paper philosophically explores the possible introduction of an alternative analytical approach to European integration. It is an invitation to reflect critically outside the mainstream paradigm. An extensive amount of scientific literature and research papers focuses on the EU, but it is quite easy to get lost amidst this stream of abundant writing. Meanwhile, the EU has been experiencing serious challenges since the previous enlargement, which has led to a broader definition of the “European project.” Numerous discussions have failed to (...) deliver the expected results. It is an interesting paradox that the EU has been proposed globally as a model of peacebuilding in the context of the Nobel Peace Prize 2012. However, since then, no clearly defined model of internal EU integration has been implemented apart from some basic premises. The Monnet method has become formalized within the official framework of the EU, thus justifying top-down institutional engineering, which is contrary to the concept proposed by Jean Monnet. The paper offers a metaphorical reasoning as an intellectual counterbalance to the unreflective application of integrational models, thus enriching analytical and critical discourse. (shrink)

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same entity (...) whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy recommendations. In this article, I take issue with this conception of realism. I begin by surveying the way in (...) which it exemplifies what certain political theorists have recently called ‘problem-solving’ realism – a species of realism which they reject as incoherent. These theorists demonstrate that what counts as a ‘feasible’ solution is far harder to establish than most problem-solving realists would have us believe. Applying this general critique to the specific domain of immigration ethics turns out to radically undermine the notion of realism that prevails in this sphere of applied ethics. I conclude that we should therefore revise our conception of what constitutes a genuinely realist approach to the problem of immigration. (shrink)

What are we to make of the fact that world leaders, such as Canada’s Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping questions of (...) what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault’s work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state’s power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners’ demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state. (shrink)

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state capture. It then (...) articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...) the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

Interdisciplinary work on the nature of borders and society has enriched and complicated our understanding of democracy, community, distributive justice, and migration. It reveals the cognitive bias of methodological nationalism, which has distorted normative political thought on these topics, uncritically and often unconsciously adapting and reifying state‐centered conceptions of territory, space, and community. Under methodological nationalism, state territories demarcate the boundaries of the political; society is conceived as composed of immobile, culturally homogenous citizens, each belonging to one and only one (...) state; and the distribution of goods is analyzed according to a stark opposition between the domestic and the international. This article describes how methodological nationalism has shaped central debates in political philosophy and introduces recent work that helps dispel this bias. (shrink)

This paper identifies and synthetically demonstrates the most important steps and changes in the evolution of the idea and institution of citizenship in Europe over more than two thousand years. Citizenship is one of the essential categories defining human status. From a historical perspective, the idea of citizenship in Europe is in a state of constant evolution. Therefore, the essence of the institution of citizenship and its acquisition criteria are continually being transformed. Today’s comprehension of citizenship is different from understanding (...) citizenship in Europe in earlier epochs of history. In some of them, the concept of citizenship existed only in the realm of ideas. In others, the idea materialised, and membership in the state (or city) and civic rights and obligations found a formal, legal expression. The formation of the idea and institution of citizenship is a long and multi-phase process. Published in "Studia Europejskie – Studies in European Affairs", Vol. 25, 1/2021, pp. 7-31. (shrink)

Sport continues to be one of the primary means through which notions of Englishness and Britishness are constructed, contested, and resisted. The legacy of the role of sport in the colonial project of the British Empire, combined with more recent connections between sport and far right fascist/nationalist politics, has made the association between Britishness, Englishness, and ethnic identity(ies) particularly intriguing. In this paper, these intersections are explored through British media coverage of the Canadian‐born, British tennis player, Greg Rusedski. This coverage (...) is examined through the lens of ‘performativity,’ as articulated by Judith Butler. Through a critical application of Butler's ideas, the ways in which the media seek to recognise and normalise certain identities, while problematising and excluding others, can be more fully appreciated. Thus, it was within newspaper framings of Rusedski that hegemonic notions of White Englishness could be performed, maintained, and embedded. (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)

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)

Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social life, by providing support and furthering (...) the choices of others seeking to engage with them. The desistance paradigm (viewing desistance from offending as a process, following from an offender’s active choice in the context of stabilising social structures and personal circumstances), implies that a supportive environment may facilitate reduced recidivism. While decisions about criminal culpability need justice, we may use state resources most effectively by also including care ethics in our thinking about punishment. (shrink)

This chapter draws upon Michael Freeden’s morphological theory of ideology to examine diverse conceptions of the State within the anarchist tradition. Its principal aim in so doing is twofold: first, to determine how and to what extent these conceptions serve to distinguish anarchism from other libertarian ideologies, and second, to explore the role they play in the formulation of diverse anarchist tendencies. As I shall argue, the particular meaning and degree of relative significance that a given conception assigns to the (...) State depends on the internal arrangement of its ‘micro-components’ and/or on its relation to other concepts within the ideological morphology. Both of these factors must be taken into account in order to understand anarchism’s internal diversity as well as its distinctiveness among ideologies. (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)

Although many libertarians share similar moral foundations, they disagree about whether the state can be justified. The most famous libertarian attempt to justify the state is that of Robert Nozick. This attempt has been criticized by, among others, the libertarian anarchist Murray Rothbard. In this article, Nozick’s theory and Rothbard’s critique are discussed, as well as some other attempts to justify the state from libertarian premises. Keeping the criticisms of those theories in mind, an alternative theory, which attempts to bypass (...) the criticisms, is put forward. This alternative theory explains how a state—most probably a nonminimal democratic state—can legitimately be formed in a condition of anarchy without violating anyone’s libertarian rights. One result of this is that the rights-based case for minarchism is severely weakened. (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)

Pogge and Wenar have recently argued that we are responsible for the persistence of the so-called ‘resource curse’. But their analyses are limited in important ways. I trace these limitations to their undue focus on the ways in which the international rules governing resource transactions undermine government accountability. To overcome the shortcomings of Pogge’s and Wenar’s analyses, I propose a normative framework organized around the social value of government responsiveness and discuss the implications of adopting this framework for future normative (...) assessment of the resource curse and our relationships to it. (shrink)

The principle of national self-determination holds that a national community, simply by virtue of being a national community, has a prima facie right to create its own sovereign state. While many support this principle, not as many agree that it should be formally recognized by political institutions. One of the main concerns is that implementing this principle may lead to certain types of inequalities—between nations with and without their own states, members inside and outside the border, and members and nonmembers (...) inside the same nation state. While these inequalities may arise, I shall argue that they are not unjust. These worries are partly the results of confusing two types of interests that a national group may have—in cultural affairs and in political affairs. While a national community should enjoy rights over their cultural affairs, this does not grant them authority over other non-cultural, political affairs. Once the distinction is drawn, we can see that there are constraints on the implementation of this principle. Consequently, these inequalities justify setting limits to a group’s right of self-government, although they do not conclusively refute the right itself. (shrink)

In this paper, we examine the extent to which the concept of emergence can be applied to questions about the nature and moral justification of territorial borders. Although the term is used with many different senses in philosophy, the concept of “weak emergence”—advocated by, for example, Sawyer (2002, 2005) and Bedau (1997)—is especially applicable, since it forces a distinction between prediction and explanation that connects with several issues in the dis-cussion of territory. In particular, we argue, weak emergentism about borders (...) allows us to distinguish between (a) using a theory of territory to say where a border should be drawn, and (b) looking at an existing border and saying whether or not it is justified (Miller, 2012; Nine, 2012; Stilz, 2011). Many authors conflate these two factors, or identify them by claiming that having one without the other is in some sense incoherent. But on our account—given the concept of emergence—one might unproblematically be able to have (b) without (a); at the very least, the distinction between these two issues is much more significant than has often been recognised, and more importantly gives us some reason to prefer “statist” as opposed to “cultural” theories of territorial borders. We conclude with some further reflections on related matters concerning, firstly, the apparent causal powers of borders, and secondly, the different ways in which borders are physically implemented (e.g., land vs. water). (shrink)

A nation commits mitigated aggression by threatening to kill the citizens of a victim nation if and only if they do not submit to being ruled in a non-egregiously oppressive way. Such aggression primarily threatens a nation’s common way of life . According to David Rodin, a war against mitigated aggression is automatically disproportionate, as the right of lethal self-defense only extends to protecting against being killed or enslaved. Two strategies have been adopted in response to Rodin. The first strategy (...) grants that CWL is insufficiently valuable to lethally defend, however, other considerations can satisfy the proportionality requirement. I argue that this strategy is not persuasive. The second strategy argues for the sufficient value of CWL. This, however, fails to answer the forceful ‘benign dictator’ objection. I respond to this objection by grounding the proportionality of a defensive war in the value of what Phillip Pettit calls ‘anti-power’. (shrink)

A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps in the argument (...) and then consider whether they lead to the desired conclusion. My examination reveals that the identity argument relies on the Optimal Protection Principle; however, this principle does not apply to the case of a national community. As a result, the identity argument fails to justify even a prima facie right of a national community to establish its own state. (shrink)

In this article, I present and critically analyze the main ideas of the Nigerian thinker, Ifeanyi A. Menkiti, on the future of the multi-ethnic state in Africa. Menkiti appears to consider that the basic condition for the successful coexistence of the various groups occupying the states of Africa is for relations between them to rest on just principles. Justice should involve the fair and equitable division amongst peoples of the burdens and benefits of living in a common state. To realize (...) this ideal, he proposes the creation in Africa of morally neutral, managerial states. He bases his plan in part on the ideas of John Rawls. Close analysis of Menkiti’s views shows that his vision of the minimalist state is only a temporary solution, which is to lead to the peaceful dismemberment of the current post-colonial model of multi-ethnic states functioning within the old colonial borders. The basic value of Menkiti’s thought rests in his reversal of the usual perspective on African states, as he considers that maintaining territorial integrity or achieving unity should no longer be considered a paramount necessity. Published in "Hemispheres", 2010, No. 25. (shrink)

Pogge, O'Neill, Elkins, and others propose the "dispersal" or "unbundling" of state sovereignty, allegedly to disincentivize war, to foster global and regional cooperation on environment, justice, and other issues of naturally supra-state concern, as well as to tailor some functions or jurisdictions to more local, regional, or differently shaped geographical areas. All these proposals are guilty of function-atomism, i.e. they ignore the massive benefits of clustering identically bounded functions or jurisdictions in a single territory. These benefits include the effective enforcement (...) of law; the effective production of public goods and deterrence of free-riding; the coinciding of the tax base, law formation and enforcement and sustaining community of media, schools, universities, and other vital institutions; and the fostering of democratic community and participation in a significant political structure. (shrink)

Książka ta jest zbiorem dwudziestu studiów przygotowanych przez badaczy polskich, którzy reprezentują różne dziedziny nauki: ekonomię, geografię, historię, politologię i stosunki międzynarodowe, prawo, socjologię. Badacze ci podjęli się analizy i opisu problemów, zjawisk oraz procesów, które nie zawsze są sobie bliskie. Autorów studiów łączy jednak wspólne zainteresowanie tym, czym jest i jak w dzisiejszym świecie funkcjonuje maszyna zwana państwem. Odmienność płaszczyzn i podejść badawczych jest o tyle cenna, iż pozwala na postrzeganie współczesnych problemów państwa z różnych perspektyw. Do kluczowych zagadnień (...) poruszanych w tym zbiorze należą: idea państwa; fenomen państwa narodowego; istota władzy i jej prawomocność; państwo we współczesnej myśli politycznej; wpływ charakteru władzy państwowej na rozwój społeczny; wolność jednostki w państwie; suwerenność państwa; wielopłaszczyznowa transformacja państwa; różne aspekty funkcjonowania instytucji państwa; fenomen państwa w stanie upadku. Autorzy studiów korzystają z dorobku filozofów różnych epok, teoretyków państwa, badaczy dziejów najnowszych, uznanych autorytetów naukowych. Część tekstów powstała w oparciu o analizę dokumentów krajowych porządków prawnych oraz prawa międzynarodowego. W zbiorze tym poruszane są problemy Europy, obu Ameryk, Afryki, różnych regionów Azji i Pacyfiku. Takie podejście pozwala zapomnieć o istniejących odmiennościach kulturowych i dostrzec podobieństwa między społeczeństwami i państwami często – wydawałoby się – bardzo od siebie odległymi. Pomocna jest w tym również bogata literatura, do której kierują swych Czytelników autorzy. Zbiór ten nie pretenduje do roli całościowego opracowania traktującego o głównych problemach współczesnego państwa. Często autorzy nie odpowiadają nawet do końca na zadawane przez siebie pytania, a raczej inspirują Czytelników do szukania odpowiedzi. Odważne wnioski prezentowane w niektórych tekstach zachęcają nie tylko do rewidowania czy przewartościowywania wielu utartych poglądów, ale także obalają utrwalone niekiedy mity oraz zmuszają do dalszych intelektualnych poszukiwań. (shrink)

Politická reflexia uskutočňovaná v akademických kruhoch predstavuje rad vlastných charakteristík v porovnaní s inými druhmi intelektuálnej činnosti. Nejde len o j e j viac-menej prirodzené preniknutie do domácich mocenských vzťahov, ale o mimoriadnu citlivosť j e j obsahu a rozvoja na spoločenské a politické podmienky inštitucionálneho kontextu. O politickej kultúre krajiny sa môžeme naučiť veľa práve na základe analýzy toho, o čom j e j intelektuáli diskutujú - a o čom nediskutujú, ako aj o teoretických nástrojoch, ktoré pritom využívajú.

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the fact that (...) those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

This is an essay discussing how schools seem to be suppressing the Constitution and the very political philosophy of this country through the actions of their educators. I discuss how the Teleological designs of these institutions ultimately has changed.

This paper shall begin by exploring the work of R. Bourne and his concept of transnationalism. The case shall be made for its advantages in contrast to the melting-pot theory but this essay shall further argue that it alone is not a sufficient alternative. Instead, the paper shall shift its focus to H. Kallen and his notions of cultural pluralism. In conjunction with one another, they will be used to argue against the melting-pot theory and more specifically, against Samuel Huntington (...) and his assertions regarding contemporary Mexican and Latino immigrants. (shrink)

This study investigates transnational relations and global challenges which the European Industrial Relations have been facing recently. The paper, methodologically, was structured with taking into account both socio- political and judicial arguments. The social theory, and ergo, the practice in Europe were analyzed according to Marxist point of view. Basically, industrial relations and employment relationship were examined from the perspectives of employees, employee representatives and nation-states. The influence of the Charter of Fundamental Rights which is legally binding with the Lisbon (...) Treaty (TFEU) was examined. Likewise, the effectiveness of the acquis communautaire within the EU was argued with respect to the European Social Model; such as, social dialogue, tripartite and bipartite information exchange and consultation, collective bargaining and legal provisions regarding employment conditions and social protection. The importance of Europeanisation and convergence of national industrial relations was illustrated. (shrink)