In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...) and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

The Arab Spring and U.S. Occupy movements surprised the world in 2011, showing that movements for radical social change remain viable responses to the intertwined crises of globalization: economic precarity, political disenchantment, rampant inequality, and the long-term fuse of potentially catastrophic climate change. These movements possess political cultural affinities of emotion, historical memory, and oppositional and creative discourses with each other and with a chain of movements that have gathered renewed momentum and relevance as neoliberal globalization runs up against the (...) consequences of its own rapaciousness.Three paths to radical social change have emerged that differ from the hierarchical revolutionary movements of the twentieth century: 1) the electoral path to power pursued by the Latin American Pink Tide nations, 2) the route of re-making power at the local level or seeking change at the global level, both by-passing the traditional goal of taking state power, and 3) the occupation of public space to force out tyrants, as in Tunisia and Egypt.This paper assesses the strengths and limitations of each path, arguing that social movements and progressive parties together may possess the best chances for making radical social change in this new situation. These threads of resistance may also point toward a future of radical social change as we imagine their enduring results, self-evident and more subtle. (shrink)

While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience and Deliberative Democracy offers (...) a ‘deliberative’ theory, which constitutes an attractive synthesis of the two camps as it conceives of civil disobedience as a guardian of both justice and deliberative democracy. In this review essay, I first revisit the ‘problem’ of civil disobedience, examining in particular the two pillars of the case against civil disobedience as Smith depicts it, namely, the prohibition on legal disobedience established by the moral duty to comply, and the notion that civil disobedience strains the bonds of civic friendship. I suggest, contra, that the duty to comply as Smith defends it fails to be comprehensive because it is tightly bound to deliberative democratic procedures, which are involved in the making of only a portion of authoritative decisions; and, contra, that civil disobedience does not strain, but instead invigorates, civic friendship. Second, I entertain the possibility that citizens have a moral duty, not a mere right, to resist injustice. I show that Smith’s theory, in particular his account of the moral duty to comply, provides the resources to defend a general duty to resist injustice which, depending on the circumstances, can demand protesting the law or frustrating injustice. Third, I contend that Smith’s conception of the different contexts of injustice—he identifies three main ones—should be expanded to include what I call ‘official disrespect’ and ‘deliberative ignorance’. I argue that each context offers reasons to disobey the law but not necessarily in the civil manner determined by Smith. (shrink)

Conscientious objection in health care is a form of compromise whereby health care practitioners can refuse to take part in safe, legal, and beneficial medical procedures to which they have a moral opposition (for instance abortion). Arguments in defense of conscientious objection in medicine are usually based on the value of respect for the moral integrity of practitioners. I will show that philosophical arguments in defense of conscientious objection based on respect for such moral integrity are extremely weak and, if (...) taken seriously, lead to consequences that we would not (and should not) accept. I then propose that the best philosophical argument that defenders of conscientious objection in medicine can consistently deploy is one that appeals to (some form of) either moral relativism or subjectivism. I suggest that, unless either moral relativism or subjectivism is a valid theory—which is exactly what many defenders of conscientious objection (as well as many others) do not think—the role of moral integrity and conscientious objection in health care should be significantly downplayed and left out of the range of ethically relevant considerations. (shrink)

Stephen Mulhall presents the first full philosophical study of the work of Stanley Cavell. Cavell, a leading contemporary American thinker, is best known for his highly influential contributions to the fields of film studies, Shakespearian literary criticism, and the confluence of psychoanalysis and literary theory; Mulhall examines the broad spectrum of his thought, elucidating its essentially philosophical roots and trajectory.

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

The history of civil disobedience until the 1960s is, historians and political theorists have shown, the history of a fundamentally anticolonial, anticapitalistic, and antimilitaristic political practice. This history was progressively erased from our political imagination as the phrase was reconceptualized by American liberal lawyers and scholars in the late-1960s and early-1970s. These liberals argued that civil disobedience was not a revolutionary but an essentially reformist form of action, at a time when social movements were accused of endangering American democracy amidst (...) rising crime rates in the United States. Civil disobedience, the argument ran, would encourage a criminal attitude toward a legitimately elected government. In the midst of conservative calls for law and order and the election of Richard Nixon to the presidency, affirming that civil disobedience was not a radical form of political action became a key rhetorical strategy for American liberals during the so-called War on Crime. In this essay, I retrace debates about civil disobedience and criminality in this context. I consider in closing how liberal conceptualizations of peaceful protest have served to delegitimize and criminalize activism until today. (shrink)

In this paper, I discuss three objections against climate activism often voiced in the public, namely that their practices of civil disobedience are ultimately insincere, illegal, and ineffective. The main part of my paper focuses on this last point. This is because this objection points us to a deeper conceptual problem of political protest: if one of the conditions for the success of civil disobedience is that political demands must have been first voiced via democratic channels of opinion-formation, then why (...) should we assume that a re-articulation of these demands in the course of civil disobedience leads to a different result? To answer this question, I propose a phenomenological approach to civil disobedience. Drawing on the protest practices of activist group Act Up, I argue that climate activism can escape the charge of ineffectiveness if it resorts to what I call the “aesthetic rationality of phenomenological demonstration.”. (shrink)

Jacques Derrida explores the ramifications of what we owe to others. Hospitality reproduces a two-year seminar series delivered by Jacques Derrida at the École des hautes études en sciences sociales in Paris between 1995 and 1997. In these lectures, Derrida asks a series of related questions about responsibility and “the foreigner”: How do we welcome or turn away the foreigner? What does the idea of the foreigner reveal about kinship and the state, particularly in relation to friendship, citizenship, migration, asylum, (...) assimilation, and xenophobia? Derrida approaches these questions through readings of several classical texts as well as modern texts by Heidegger, Arendt, Camus, and others. Central to his project is a rigorous distinction between conventional, finite hospitality, with its many conditions, and the aspirational idea of hospitality as something offered unconditionally to the stranger. This volume collects the first year of the seminar. (shrink)

Journal of Political Philosophy, EarlyView.

This article attempts to motivate a reorientation of ethical analysis of conscientious objection by physicians. First, it presents an illustrative case from a hospital emergency department for context. Then, it criticizes the standard pro- and anti-CO arguments. It proposes that the fault in standard approaches is to focus on the ethics of the physician’s behavior, and a better way forward on this issue is to ask how the party against whom the physician exercises the CO ought to respond. It connects (...) this question with recent trends in physician employment models, which suggest that CO may become a potential source of conflict in the future. The article then develops a relational account of CO that extends James Childress’ insights about the nature of CO in “Appeals to Conscience”. This relational account characterizes CO as a two-place relation between conscientious objector and expectant party, in which the conscientious objector makes a request of the expectant party, which has implications that will be welcome and unwelcome for both the pro- and anti-CO camps. Finally, the paper applies this relational account of CO to the case when the physician is an employee. This application demonstrates that it is highly context dependent whether or not an employer should accede to the CO requests of physician–employees. (shrink)

Jonathan Neufeld proposes a concept of aesthetic disobedience that parallels the political concept of civil disobedience articulated by John Rawls in A Theory of Justice. The artistic transgressions he calls aesthetic disobedience are distinctive in being public and deliberative in their aim to bring about specific changes in accepted artworld norms. We argue that Neufeld has offered us valuable insight into the dynamic and potent nature of art and the artworld; however, we contend that Neufeld errs by constraining aesthetic disobedience (...) to the artworld. Through a reconsideration of the parallel between aesthetic and civil disobedience, we illustrate how aesthetic disobedience is more accurately conceived of in terms of two kinds of acts: artistic and artworld. In addition to artistic disobedience and artworld disobedience, we add a broader and more diverse sort of transgressive aesthetic disobedience. Our aim is to articulate how Neufeld’s account of a kind of disobedience in the artworld that parallels civil disobedience can prove even more generative. (shrink)

Climate activists have recently engaged in widely publicized acts of politically motivated lawbreaking. This article identifies and critically analyzes two seemingly overlapping but in fact divergi...

Henry David Thoreau’s defense of John Brown has been interpreted as an inconsistency in his political philosophy. Since Thoreau was best known for his commitment to civil disobedience, his critics argued that his support for Brown constitutes a break in Thoreau’s political thought. However, I argue that "A Plea for John Brown" should be seen as a radicalization of Thoreau’s transcendental politics rather than an inconsistency in his writings. To understand this decade-long process of radicalization requires an analysis of Thoreau’s (...) four main essays from "Resistance to Civil Government" in 1849 to "The Last Days of John Brown" in 1860. (shrink)

A concise open-access textbook intended for an undergraduate audience, which brings together essential selections from Gandhi on nonviolence with supplementary materials, including: a preface; boxes providing examples, historical notes, extended explanations, and related philosophical work; overviews of post-Gandhian developments in nonviolence; diagrams, tables, and photos; discussion questions; reading and viewing suggestions; and a glossary.

Hannah Arendt valued the unprecedented, the unexpected, and the new, yet in essays crafted at the end of the rebellious 1960s, struggled to square this valuation with a palpable desire for law and order. She lamented that criminality had overtaken American life, accused the police of not arresting enough criminals, and charged ‘the Negro community’ with standing behind what she named black violence. At once, she praised ‘the white rebels’ of the student movement in the United States for their courageous (...) acts of disobedience. This essay explores how differential Arendt’s treatment of lawbreaking action was in an effort to understand how ‘certain sections of the population’ in the United States could appear to stand for criminality rather than civil disobedience to her mind. It examines how Arendt’s reflections on the ostensibly non-racial subjects of civil disobedience and lawbreaking were underwritten by racial, when not racist, ways of thinking. The essay also raises a larger question: to the extent that the concept of civil disobedience involves limits, how are those limits drawn to the exclusion of certain kinds of actors and their particular claims in the public realm? Pondering this question through Arendt, it concludes that in her theorization of civil disobedience, Arendt was profoundly limited by the fabulous tale that the United States is an exceptional land of freedom and democracy in the world. (shrink)

An impressive body of recent literature posits that traditional notions of civil disobedience prevent us from properly considering potentially legitimate types of ‘uncivil’ political lawbreaking. When might uncivil (covert, legally evasive, morally offensive and potentially violent) lawbreaking prove normatively acceptable? If justifiable, what conditions should its practitioners be reasonably expected to meet? Despite some important insights, defenders of uncivil disobedience rely on a narrow and sometimes misleading view of civil disobedience, as previously practiced and theorized. Notwithstanding legitimate skepticism about Rawlsian (...) notions of civil disobedience, they reproduce its troublesome binary or ‘all-or-nothing’ view of political lawbreaking. Uncivil disobedience’s proponents tend to group a vast array of distinctive types of lawbreaking under one amorphous categorical rubric, impeding the suitably complex, nuanced analysis we need. A superior approach would pay careful attention to uncivil disobedience’s ambivalent historical record, a record suggesting that UD is more likely to reproduce authoritarian populism’s disturbing political logic than counteract it. (shrink)

Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resister’s motivation for engaging (...) in the action and their epistemic position apply in the specific context of anti-deportation action and consider in what circumstances there is not merely a right but a duty to resist deportation. The upshot of this argument, I conclude, is that the liberal state ought to respond to anti-deportation action not by criminalising disobedience and resistance in this field, but rather by creating legal avenues for such actors to influence deportation decision-making. DOI 10.17879/95189423213. (shrink)

Luca Corchia, Jürgen Habermas. A bibliography: works and studies (1952-2013). With an Introduction by Stefan Müller-Doohm, Pisa, Arnus University Books, 2013, pp. 606.

American Muslims increasingly negotiate their relation to a government that is suspicious of Islam, yet which is legally obligated to recognize them as rights-bearing citizens. To better understand how the post-9/11 state is reshaping American Islam, I examine the case of Muslim American dissident Tarek Mehanna, sentenced to seventeen years in prison for providing material support for terrorism, on the basis of his controversial words (USA v. Mehanna et al, 2012). I situate Mehanna’s writing and reflections within a long history (...) of American activism, in particular the traditions represented by Henry David Thoreau and John Brown. -/- . (shrink)

Despite the recent proliferation of scholarship on anarchism, very little attention has been paid to the historical and theoretical relationship between anarchism and philosophy. Seeking to fill this void, Brill's Companion to Anarchism and Philosophy draws upon the combined expertise of several top scholars to provide a broad thematic overview of the various ways anarchism and philosophy have intersected. Each of its 18 chapters adopts a self-consciously inventive approach to its subject matter, examining anarchism's relation to other philosophical theories and (...) systems within the Western intellectual tradition as well as specific philosophical topics, subdisciplines and methodological tendencies. (shrink)

This paper offers a historical analysis of contemporary practices of shopping for vegetables in the highly dynamic context of urban Hanoi during the period from 1975 to 2014. Focusing on everyday shopping practices from a food safety perspective, we assess the extent to which the policy-enforced process of supermarketization has proven to be an engine of change in daily vegetable purchasing while improving food safety. In depicting transitions in shopping practices, we combine a social practices approach with historical analysis. Providing (...) a historical analysis of a broad and complex spectrum of everyday practices of purchasing fresh vegetables, we identify the key drivers of change. We discuss different modalities of shopping and demonstrate that no single retail modernization format can be said to exist. Rather than contrasting an idealized supermarket model with the traditional modalities of food shopping, we offer a varied, more diverse set of shopping practices that displays different strategies for coping with food safety issues. When discussed from a historical perspective, food practices are shown to be highly dynamic, being constantly reinvented and reconfigured by consumers who use their established skills, routines, and social networks to sometimes resist top-down enforced supermarketization while developing the coping strategies that best suit their local circumstances. (shrink)

This article gives an account of what Ronald Dworkin calls ‘the protestant attitude’ towards law. Dworkin’s protestantist claim that the interpretive attitude towards law is to be taken not only by judges, but also by ordinary citizens is explained and defended. The account of Dworkin’s protestantism about law in this article is not based on his more general protestantist view about the interpretation of social practices, but, rather, on the nature of authoritative statements of the law in Dworkin’s theory of (...) law as integrity. Protestantism is thus shown to be an integral part of the theory of law as integrity. It is also argued in this article that protestantism about law can accommodate the idea that legal deliberation is an authoritative and public process while leaving room for a significant role for citizens in the development of law. Indeed, any plausible theory of law should incorporate protestantism. (shrink)

This article presents a critical phenomenology of embodiment in radical democratic struggles, focusing on racialized citizens inhabiting and navigating public spaces and on anti-racist protests. It contrasts the notion of the precarious body, central to critical theorists like Judith Butler, with an alternative phenomenological understanding, locating the political significance of the body in spontaneous movement (Arendt) and competence (Merleau-Ponty). Attending to either precariousness or mobile-capable bodies reveals distinct dimensions of radical democratic struggles. While precariousness addresses the unequal distribution of social-material (...) conditions, it tends to overshadow the shared lived experience of freedom among citizens countering inhibitions of free movement, often motivated by their disproportionate exposure to precarious conditions in the first place. From a phenomenological perspective, public action is permitted by capable and mobile bodies. It is argued that public space opens the power of “we-can” bodies by soliciting citizens' movement among others and their engagement in shared projects, according to their bodily capacities. Pluralistic interaction, aiming to maintain or create free spaces of movement, is presented as the political practice of freedom par excellence, exemplified by radical democratic walking practices in the Black civil rights movement. (shrink)

I argue that given the persistent injustice present within the Prison Industrial Complex in the United States, many incarcerated individuals would be justified in attempting to escape and that these prison breaks may qualify as acts of civil disobedience. After an introduction in section one, section two offers a critique of the classical liberal conception of civil disobedience envisioned by John Rawls. Contrary to Rawls, I argue that acts of civil disobedience can involve both violence and evasion of punishment, both (...) of which are necessary components of prison breaks. In section three I outline the broad circumstances in which escape attempts would be justified, which are when individuals have either been incarcerated on unjust grounds (such as coercive plea bargains, draconian laws, or institutionalized discrimination) or when individuals are subject to inhumane conditions within prison (such as physical or sexual abuse, inadequate medical care, and overcrowding). Although this framework is formulated with the U.S. criminal justice system in mind, it is potentially applicable to other instances of incarceration if they’re similarly unjust such as prisons in other countries, migrant detention centers, or psychiatric wards. I then outline four requirements which must be met for these prison breaks to qualify as civil disobedience. First, escape must be attempted as a last resort. Second, violence and other law-breaking must be reasonable, meaning it is done with precision, discretion, and proportion. Third, escapees hold the burden of proving they have been subject to injustice. Fourth and finally, the act of escape must contain other key components of civil disobedience such as persuasion, communication, and publicity, which will most likely be accomplished via coordination with non-incarcerated individuals. In section four I address the distinction between prison reform and abolition. (shrink)

Democratic societies tolerate intolerance, but that obligation finds its limit when the security of its citizens is jeopardized or its institutions of liberty are imperiled. Similarly, universities tolerate intolerance, but that obligation finds its limit when threatened by weaponized intolerance advocates who disenfranchise and denigrate community members and imperil academic norms and professional standards of conduct. Then, just as democratic societies must protect their threatened citizens and safeguard their imperiled institutions of liberty, so universities must protect their threatened community members (...) and safeguard their imperiled norms and standards. I argue for these conclusions by establishing a conflict between what the First Amendment legally permits university community members to express and what the norms of the university and the professional standards that structure academic freedom require from university community members. I argue that given the First Amendment, universities are legally obliged to tolerate even weaponized intolerance in campus public forums even if not in the classroom. I then recommend three responses to weaponized intolerance on campus that are consistent with the First Amendment: denunciation and protest, provision of safe space, and affirmation of academic values, norms, and standards. I reject three frequently encountered responses to weaponized intolerance as inconsistent with the First Amendment: heckler’s vetoes, student speech codes, and speaker bans. And I argue that one response—disruptive protest that falls short of a heckler’s veto—is legally permissible for students and faculty members but is ruled out for faculty members by academic norms and professional standards. (shrink)

ABSTRACTArendt’s work on civil disobedience sets out an optimistic portrayal of the possibilities of such forms of action in re-energising the spirit of American politics in the late twentieth century. Civil disobedience should not simply be tolerated, she argued, but incorporated into the legal structure of the American political system. Her work is usually seen to promote an idea of civil disobedience that is thus bound to existing constitutional principles and essentially nonviolent. However, by looking at Arendt’s discussion and critique (...) of various practices of civil disobedience in 1960s and 1970s America, specifically in relation to the nonviolence movement influenced by Martin Luther King, and on the other side, the more militant Black Power movement, a different idea of civil disobedience emerges. This paper argues that whilst, for Arendt, civil disobedience within America certainly possesses the constitutionally restorative potential she assigns to it, in a broader sense – theoretically, globally, and even in terms of alternative ideologies within America – her conception of civil disobedience is in itself neither necessarily constitutional, nor nonviolent. It is, instead, a form of revolutionary action, whose limits are set only by politics itself, and specifically, Arendt’s criterion of publicity. (shrink)

The dissertation attempts to answer the question of how to theorize resistance from within the philosophy of social science. To answer this question we must consider more than just the philosophy of social science; we also must look to political and moral philosophy. Resistance to the social norms of one’s community is possible to theorize from within the philosophy of social science once we develop a sufficiently nuanced account of social and moral communities, according to which membership in a community (...) is not defined by sharing judgments, conceptual frameworks, or comprehensive worldviews, but by sharing terms of discourse so that discussion about judgments, conceptual frameworks, and comprehensive worldviews is possible. Understanding the structure of one’s moral community is not the same as to endorsing that structure. This suggests that contestation is already present within communities about what ‘we’ do, up to and including who ‘we’—as a ‘community’—are. Challenging communitarian understandings of what makes a community a community, I argue that communities are best understood as forming around common concerns or perceptions of problems. This contestation plays a major role in determining the identities of communities, and these identities are constantly shifting. (shrink)

In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn (...) on the distinction between state action and the acts of non-state actors. I argue that legal doctrines should turn solely on normative considerations and should not turn on answers to conceptual questions. However, the doctrines I discuss appear to turn on the conceptual question regarding what is ‘inside’ and ‘outside’ the law. I show how each of these doctrinal areas appears to raise this conceptual issue, and I explain how the doctrines might or might not escape being held hostage to conceptual controversy. (shrink)

The useful publication of Judith N Shklar's final undergraduate lectures at Harvard provides an opportunity to take a careful look at her reflections on political obligation, a matter always of gre...

In 1992, the Frankfurt scholar Ingeborg Maus launched a polemical attack against then current narratives of democratic protest, objecting to the languages of ‘resistance’ or ‘civil disobedience’ as defensive, servile and insufficiently transformative. This article explores in how far the language of constituent power can be adopted as an alternative justificatory strategy for civil disobedience in transnational protests. In contrast to current approaches that look at states as agents of international civil disobedience-as-constituent power, I suggest we look at political movements. (...) I focus on the example of the Democracy in Europe Movement 2025 which understands itself as a pan-European movement of civil disobedience, at the same time working towards an articulation and exercise of constituent power among the people of Europe. In the final section, I sharpen the criteria for the invocation of constituent power in transnational protest in distinguishing between its articulation, activation and... (shrink)

In this review, I discuss Balibar’s ‘proposition of equaliberty’ with regard to its theoretical status and contribution, its relationship to other contemporary theories of radical democracy as well as to the problematic of bourgeois versus communist emancipation in Marx. The primary interest of this essay is to develop a detailed understanding of Balibar’s analytical schema, which draws a complex picture of our contemporary ‘human condition’, and to place it within his own theoretical development since his contribution toReading Capitalin the 60s. (...) On that basis, it will be possible to assess his contribution to thinking politics with and after Marx and place it more concretely within the generalised radical-democratic turn in post-Marxist theory. (shrink)

Modern states claim rights of jurisdiction and control over particular geographical areas and their associated natural resources. Boundaries of Authority explores the possible moral bases for such territorial claims by states, in the process arguing that many of these territorial claims in fact lack any moral justification. The book maintains throughout that the requirement of states' justified authority over persons has normative priority over, and as a result severely restricts, the kinds of territorial rights that states can justifiably claim, and (...) it argues that the mere effective administration of justice within a geographical area is insufficient to ground moral authority over residents of that area. The book argues that only a theory of territorial rights that takes seriously the morality of the actual history of states' acquisitions of power over land and the land's residents can adequately explain the nature and extent of states' moral rights over particular territories. Part I of the book examines the interconnections between states' claimed rights of authority over particular sets of subject persons and states' claimed authority to control particular territories. It contains an extended critique of the dominant. (shrink)

The article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in the case of an ordinary citizen is only the implementation of human rights and freedoms, may be described as controversial and contrary to (...) applicable ethical regulations. The main thesis of this paper is the assertion that although judges who act as impartial arbitrators in disputes should generally refrain from ostentatiously opposing the actions of political authorities, they are not deprived of the possibility of protest. Also in the exercise of office, and not outside the sphere of their duties, judges should take into account overriding moral values that should be implemented by the legal order, and not the values or declarations guiding the government policies. The integrity of the judge, which prescribes restraint in statements and actions in the public sphere, as well as the care for the dignity of the office held, should not be confused with absolute subordination to the legislature or the executive, even if the judge is obliged to apply the law. The traditional attitude of the members of the judiciary, consisting in focusing only on the application of the law in individual cases and the lack of any political involvement, is being reviewed in the face of the spread of majoritarianism and the law abuse as normal techniques of exercising public authority. The disobedience of judges—although difficult to defend at first sight—may seem to be the only possible way to draw public attention to the corruption of the state system. The ‘disobediant’ judges can even be assigned the role of ‘whistleblowers’, which should help to ease their legal liability or their future rehabilitation. (shrink)

Although Jacques Rancière and Jürgen Habermas share several important commitments, they interpret various core concepts differently, viewing politics, democracy, communication, and disagreement in conflicting ways. Rancière articulates his democratic vision in opposition to important elements of Habermas’s approach. Critics contend that Habermas cannot account for the dynamics of command, exclusion, resistance, and aesthetic transformation involved in Rancière’s understanding of politics. In particular, the prominent roles Habermas affords to communicative rationality and consensus have led people to think that he cannot grasp (...) the radical forms of political disagreement Rancière describes. While some have viewed Rancière as offering a trenchant challenge to Habermas, I will contend that Rancière’s critique is less compelling than some have thought. Habermasian understandings of third personal speech and aesthetic expression are nuanced and adaptable enough to evade Rancière’s criticisms. I conclude by suggesting that Habermasian theorists have also developed crucial forms of social and political critique that Rancière’s theory systematically excludes. (shrink)

Making use of the liberal concept of civil disobedience, this paper assesses, under which circumstances instances of illegal digital protest—called “hacktivism”—can be justified vis-à-vis the pro t...

Civil disobedience is a conscientious, unlawful, and broadly nonviolent form of protest, which most political philosophers and many non-philosophers are inclined to treat as potentially defensible in democratic societies. In recent years, philosophers have become more receptive to long-standing complaints from activists that civil disobedience is an unduly restrictive framework for considering the ethics of dissent. Candice Delmas and Jason Brennan have written important books that illustrate and strengthen this trend, both defending forms of “uncivil” resistance that go beyond the (...) narrow confines of civil disobedience. Their books offer contrasting but complementary philosophical defences of incivility as a tactic of resistance, but it is nonetheless a mistake to conclude that the rich tradition associated with civil disobedience no longer has any relevance for resistance in national, transnational, and global contexts. (shrink)

This article presents a relatively straightforward theoretical framework about distributive justice with applications. It draws on a few key concepts of Sociological Game Theory. SGT is presented briefly in section 2. Section 3 provides a spectrum of distributive cases concerning principles of equality, differentiation among recipients according to performance or contribution, status or authority, or need. Two general types of social organization of distributive judgment are distinguished and judgment procedures or algorithms are modeled in each type of social organization. Section (...) 4 discusses briefly the larger moral landscapes of human judgment – how distribution may typically be combined with other value into consideration. The article suggests that Rawls, Elster, and Machado point in this direction. Finally, it is suggested that the SGT framework presented provides a useful point of departure to systematically link it and compare the Warsaw School of Fair Division, Rawls, and Elster, among others. (shrink)

This article is based on the premise that the social and political foundations of the geopolitical entity known as the Irish Free State was of a conservative nature, unique in Western Europe. Of course, conservative forces also featured prominently in the early twentieth-century in other European countries. However, they were counterbalanced by forces of opposition sufficiently powerful to generate a social and political balance that was practically nonexistent within the Irish Free State. When exploring the root cause of Ireland's conservative (...) politics, I identify an ideological connection between the lack of radical forces in the Irish Free State and the revolution through which it was established. In other words, the 1916?23 Irish Revolution indisputably laid the foundations of the ideas that were to become the dominant ideology in southern Ireland during the 1920s and 1930s. (shrink)

Censorship in the area of public health has become increasingly important in many parts of the world for a number of reasons. Groups with vested interest in public health policy are motivated to censor material. As governments, corporations, and organizations champion competing visions of public health issues, the more incentive there may be to censor. This is true in a number of circumstances: curtailing access to information regarding the health and welfare of soldiers in the Kuwait and Iraq wars, poor (...) health conditions in Aboriginal communities, downplaying epidemics to bolster economies, and so forth. This paper will look at the use of a computer worm (the benevolent health worm) to disseminate vital information in␣situations where public health is threatened by government censorship and where there is great risk for those who ‹speak out’. The discussion of the benevolent health worm is focused on the Peoples’ Republic of China (China) drawing on three public health crises: HIV/AIDS, SARS and Avian Influenza. Ethical issues are examined first in a general fashion and then in a specific manner which uses the duty-based moral philosophy of Confucianism and a Western human rights-based analysis. Technical, political and legal issues will also be examined to the extent that they better inform the ethical debate. (shrink)

Making use of the liberal concept of civil disobedience, this paper assesses, under which circumstances instances of illegal digital protest—called “hacktivism”—can be justified vis-à-vis the pro tanto political obligation to obey the law. For this, the paper draws on the three main criteria for liberal civil disobedience—publicity, nonviolence, and fidelity to law—and examines how these can be transferred to the realm of the digital. One of the main disanalogies between street and cyberspace protests is the tendency of hacktivists to remain (...) anonymous, which in turn calls into question their fidelity to law (the third criterion). The paper argues that there are functionally equivalent alternatives to what can be called the “acceptance-of-legal-consequences-condition” (ALCC) associated with the fidelity to law. As a result, the ALCC is not a necessary condition for hacktivists to showcase their fidelity to law, thereby resolving the apparent disanalogy. (shrink)