When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

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

Faced with a choice between escaping without consequences and submitting to a democratic decision, Socrates chooses the latter. So immense is Socrates’ duty to obey law, we are led to believe, that even the threat of death is insufficient to abrogate it. Crito proposes several arguments purporting to ground Socrates’ strong duty to obey, with the appeal to the Athenian system’s democratic credentials carrying most of the normative weight. A careful reading of the dialogue, in conjunction with the ‘Apology’, reveals, (...) however, a more complex picture. If Crito sets the conditions that render a regime legitimate, and therefore warranting of obedience, the Apology reveals a legal system’s shortcomings that justify disobedience. This article substantiates this position by delineating circumstances that can justify resistance. Contemporary forms of political resistance can also rely on similar conditions. Plato’s texts anticipate the current democratic turn of civil disobedience. (shrink)

The present paper focuses on the complex relation between ethics andpolitics in Plato’s Crito. While the issue is presented from a contemporaryperspective, the problems of civil disobedience and politicalobligation are the present study’s primarily concern. The issue of civildisobedience concerns moral reasons for breaking the law, whereasthe concept of political obligation refers to a moral duty to obey the law.When disagreeing with the view that Socrates in the dialogue arguesfor an unconditional obedience to the state, the article builds on theApology. (...) Subsequently, the similarities between the position of Socratesand that of H.D. Thoreau are investigated. Finally, the paper discussesthe concept of political obligation so as to show that the argumentin the Crito anticipates several modern theories. The modern controversiesthat this article covers are shown to play an important role in Plato’sdialogue, as they are the basis of Socrates’ political obligation. (shrink)

This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...) perspective, the content and justification of political obligations cannot be determined in a way that is in principle separable from their application. This casts ‘political obligation’ not as a problem to be philosophically resolved, but as a political predicament that calls for a kind of practical engagement. The merit of this perspective is to draw our attention toward the conditions under which the problem appears as a lived predicament. (shrink)

Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), and that (...) these reasons, very plausibly, often amount to an obligation to so act. (shrink)

The decline of empirical research on ethical decision-making based on ethical theories might imply a tacit consensus has been reached. However, the exclusion of virtue ethics, one of the three main normative ethical theories, from this stream of literature calls this potential consensus into question. This article investigates the role of all three normative ethical theories—deontology, utilitarianism and virtue ethics—in ethical decision-making of corporate executives. It uses virtue ethics as a dependent variable thus studying the interconnectivity of all three normative (...) ethical theories in specific circumstances. We find that managers use different ethical theories in different circumstances (business vs. private life, formal vs informal ethical leadership, etc.). A predictive model of ethical decision-making, however, cannot be established. We also find that only a limited number of variables influence the choice of ethical theory, which leans business ethics towards postmodern management paradigm. We suggest that moral pragmatism could provide the answer to ethical decision-making. (shrink)

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement (...) efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal. (shrink)

This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, it briefly discusses (...) the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals. (shrink)

In this paper I critically assess David Lefkowitz’s view that the right to political participation encompasses a right to suitably constrained civil disobedience. I claim that his argument is not successful because it has an explanatory gap. I then examine two strategies for repairing his argument. The first attempts to show that acts of civil disobedience fulfill the duty to obey the law. The second attempts to establish that the moral value of civil disobedience outweighs the moral value of obeying (...) the law. I argue that both strategies may be successful—to a certain extent—but only the latter can establish a right to civil disobedience. (shrink)

Multiple authors have argued that moral cosmopolitanism, the thesis that every human has a global stature as an ultimate unit of moral concern, is compatible with domestic egalitarianism. This is because they believe that from equal concern does not follow equal treatment, and it might be possible to impartially justify partial treatment. Some such attempts at justifying restricting the scope of egalitarian demands of distributive justice to the state proceed by application of Rawls’s principle of fairness to the provision of (...) basic goods. But such relational approaches have been criticized by institutionalists who believe there is a global basic structure for the provision of basic goods. Institutional approaches, however, have themselves been criticized for relying on less than global institutions, such that the egalitarianism that they may justify is not truly global either. We argue that beyond institutionally provided goods there are nonetheless some goods whose provision is truly global, such that we can find a relational foundation for global egalitarianism, from which we can argue for cosmopolitan institutionalization. (shrink)

A central problem of political philosophy is that of explaining how a state could have the moral authority to enforce laws, promulgate laws which citizens are thereby obliged to obey, give new duties to citizens and levy taxes. Many rival solutions to this problem of political authority have been offered by contemporary and recent philosophers but none has obtained wide acceptance. The current debate takes no cognisance of George Berkeley’s ‘Passive Obedience’, in which he defends the exceptionless duty of not (...) using force to resist the state and offers a rule-consequentialist account of morality which indicates an explanation of political authority as grounded in the social connectedness of human beings. I expound, criticise and develop Berkeley’s explanation to provide a promising solution to the problem of political authority. The solution impugns the political authority of all existing states as well as the duty of passive obedience. (shrink)

This thesis is concerned with John Stuart Mill’s democratic theory. In chapter I, I examine the relations between political philosophy and political theory and science before providing a detailed outline of the aims of the dissertation. In chapter II, I argue that in order to reconcile the concepts of progress and equality within a utilitarian theory, a Millian political system needs to devise institutions that promote general happiness, protect individual autonomy, safeguard society from mediocrity. Chapter III discusses what different authors (...) have said about Mill and liberty, then explores James Mill’s theory of education and Coleridge’s influence on John Stuart Mill’s thought. I conclude by criticising Richard Arneson’s interpretation according to which the Considerations and On Liberty are inconsistent, and some of Gregory Claeys’ conclusions on Mill and paternalism. Chapter IV explores the methodology of the social sciences and the philosophy of history as found in Mill’s writings; then it considers Mill’s thought in regard to his father’s Radical proposals. I also discuss at some length the idea of the tyranny of the majority. Chapter V begins with a discussion of Hanna Pitkin’s theory of representation. I then provide a critical account of Richard Krouse and Nadia Urbinati’s interpretations of Mill. I conclude by arguing that, in a Millian democracy, the higher is the degree of complexity or the need for expertise in dealing with affairs, the greater is the bearing of the principle of competence in assessing whether a representative should act as a trustee or a delegate. I also introduce the idea of rational debate as a sort of ‘influence multiplier’, arguing that this would help to make a democracy rational and effective along Millian lines. In the last two chapters, I stress the relevance of Mill’s political philosophy as for some contemporary issues (nationalism, European federalism, current social and economic changes) while suggesting some potential further investigations, and summarise my conclusions. (shrink)

The following essay argues that Transnational Civil Disobedience may be justified when it is applied to questions relating to global climate change. Civil Disobedience as a politically motivated form of lawbreaking posits questions regarding political obligation and citizenship and such questions are amplified when applied to the transnational level.Furthermore, this essay focuses on the influential account of Civil Disobedience as it has been formulated by John Rawls. The writer argues that there are potential issues with this formulation when it is (...) applied outside of the greater scope of Rawls’s work. Instead, the essay argues for a formulation of Civil Disobedience that includes a politicizing feature, and to view it as an extra institutional form of political discourse that is detached from notions of state belonging.Finally, it is argued that the All Affected Principle may be used as a necessary condition for justifying acts of Transnational Civil Disobedience. The nature of Global Climate change as an event that affects the human race as a whole, gives rise to the potential for non-citizens to claim a level of political agency in matters that affect them despite lacking formal representation. (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)

One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning political matters. Despite this agreement about the general nature (...) of what is being searched for, a broad division has arisen between political obligation theorists - there are some who take political obligations to actually exist and there are some who take there to be no general political obligation. While there is debate within the camp defending political obligation about what it is that generates the obligations, the common core of all "defender theories" is the fundamental idea that one has a moral requirement to support and obey the political institutions of one's country. Despite utilitarianism's status as one of the major ethical theories, historically, it has largely been dismissed by theorists concerned with political obligation. Within the contemporary debate it is generally accepted that utilitarianism cannot adequately accommodate a robust theory of political obligation. The overarching objective of this dissertation is to challenge this general dismissal of a utilitarian account and to build upon the two accounts which have been developed in offering a robust utilitarian theory of political obligation which can be considered a competitor to the other contemporary theories. However, as this utilitarian account of political obligation develops, the possibility will also emerge for a non-antagonistic relationship between the utilitarian theory on offer and the contemporary political obligation debate. The moral reasons posited by the traditional theories of political obligation can be included in and accommodated by my utilitarian account. The utilitarian account of political obligation can accept that there are many types of reasons explaining why broad expectations concerning individual and group behavior are created, and each type of reason can be understood as supporting the utilitarian claim that there are moral reasons for following the laws and supporting legitimate political authorities. Taken all together, my arguments will take the form of a three tiered response to the prevailing opinion that any utilitarian attempt to account for political obligations is doomed. The first tier contends that the utilitarian can consistently claim that there are moral reasons to follow the law. This is not a particularly strong claim, but it is one which has been denied by the vast majority of political theorists. The second tier of my argument addresses this apparent issue by contending that even the traditional deontological accounts of political obligation are not offering more than this. Lastly, it is contended that, given the contingent features of humans, the strength of the utilitarian political obligations is comparable to other accounts' analyses of the obligations. (shrink)