This essay argues for the conceptual connection of legitimacy, resistance and ‘the people’ within liberal theories of public justification by making two primary claims: that legitimacy and resistance are mutually constitutive of one another and that together legitimacy and resistance are constitutive of an aspirational conception of ‘the people’. These claims revolve around the idea that the legitimacy of democratic regimes necessarily entails the questioning of that legitimacy through resistance, which concerns demands that say something about the makeup of ‘the (...) people’. The concern is conceptual, examples of resistance showing how the conceptual connection manifests itself. (shrink)

Some argue that if an agent intentionally participates in collective wrongdoing, that agent bears responsibility for contributing actions performed by other members of the agent’s collective. Some of these intention-state theorists distribute co-responsibility to group members by appeal to participatory intentions alone, while others require participants to instantiate additional beliefs or perform additional actions. I argue that prominent intention-state theories of co-responsibility fail to provide a compelling rationale for why participation in collective wrongdoing merits responsibility not only for one’s own (...) actions but the contributing actions of others as well. I propose that authorization agreements provide us with a suitable rationale. Authorization may be expressly given, as when one person signs a document authorizing another to advance her aims. Or, authorization may be tacitly or implicitly given by participating in and sufficiently contributing to a common plan. If a person authorizes an agent to act, it is right to blame the authorizer for what the agent does on the authorizer’s behalf. An authorization theory justifies the distribution of co-responsibility by appeal to the morally transformative power of agreement, thereby providing a compelling rationale for why a person may be to blame for contributing actions performed by other agents. (shrink)

Some argue that if an agent intentionally participates in collective wrongdoing, that agent bears responsibility for contributing actions performed by other members of the agent’s collective. Some of these intention-state theorists distribute co-responsibility to group members by appeal to participatory intentions alone, while others require participants to instantiate additional beliefs or perform additional actions. I argue that prominent intention-state theories of co-responsibility fail to provide a compelling rationale for why participation in collective wrongdoing merits responsibility not only for one’s own (...) actions but the contributing actions of others as well. I propose that authorization agreements provide us with a suitable rationale. Authorization may be expressly given, as when one person signs a document authorizing another to advance her aims. Or, authorization may be tacitly or implicitly given by participating in and sufficiently contributing to a common plan. If a person authorizes an agent to act, it is right to blame the authorizer for what the agent does on the authorizer’s behalf. An authorization theory justifies the distribution of co-responsibility by appeal to the morally transformative power of agreement, thereby providing a compelling rationale for why a person may be to blame for contributing actions performed by other agents. (shrink)

The purpose of this paper is to show that conscientious objection to military service is essentially not a dilemma of freedom of conscience versus the duty to obey the law, but above all a dilemma between two conflicting patriotic moral obligations. Furthermore, the paper demonstrates that CO is justifiable on the basis of what is known as moderate patriotism, that is, out of a patriotism which is committed simultaneously to universal and particular values. The paper begins with a critical discussion (...) of theoretical weaknesses in liberal thought of CO. Then, the concept of moderate patriotism is presented, followed by a discussion of the notion of patriotic CO. The next stage presents a step Towards A Theory of PCO to Military Service and shows how it differs from other liberal theories of disobedience. The conclusion is that if CO on patriotic grounds is morally justifiable, it follows that this is an act committed within the framework of legitimate political discourse. Therefore, PCO is politically legitimate even if it is not always legal. In other words, the discussion of PCO offers a theoretical distinction between politicallegitimacy and legality. (shrink)

The alleged problem of the dirty hands of politicians has been much discussed since Michael Walzer’s original piece (Walzer 1974). The discussion has concerned the precise nature of the problem or sought to dissolve the apparent paradox. However there has been little discussion of the putative complicity, and thus also dirtying of hands, of a democratic public that authorizes politicians to act in its name. This article outlines the sense in which politicians do get dirty hands and the degree to (...) which a democratic public may also get dirty hands. It separates the questions of secrecy, authorisation, and wrongfulness in order to spell out the extent of public complicity. Finally it addresses the ways in which those who do and those who do not acknowledge the problem of dirty hands erroneously discount or deny the problem of complicity by an appeal to the nature of democracy, a putatively essential need for political openness or to the scope of ideal theory. (shrink)

In trust relationships, one person has a ‘beneficial interest’ in another’s performance. The former not only would but should benefit from the latter’s action, and the latter has a ‘fiduciary duty’ toward the former to so act. But where that act would otherwise be wrong, the first person’s beneficial interest would be providing a pro tanto reason for the second person to do something that is pro tanto wrong. That reason can – and should – be removed by the former (...) renouncing their beneficial interest in the latter’s pro tanto wrongful action. Doing so would cancel the fiduciary’s excuse for wrongdoing on the beneficiary’s behalf. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

European Journal of Philosophy, Volume 30, Issue 2, Page 546-564, June 2022.

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing. (shrink)

Can we hold citizens causally responsible for the outcomes of their voting decisions? They could stand in the causal relationship required for such responsibility either collectively or individually. Recent accounts ascribing responsibility to citizens have primarily taken the collective route because of a major obstacle to using an individualistic approach, namely, the problem of overdetermination: the actions of each citizen do not make an individual difference to, and therefore cannot be a cause of, the overall political outcome. I suggest, drawing (...) on Parfit (1984) and Wright (1985), that we should allow for the idea that individuals can be causally responsible in virtue of making a difference to an outcome not only as an individual, but also as part of a set of agents. I conclude that we therefore can overcome the problem of overdetermination for the individualistic approach and that it merits further investigation. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

Der Beitrag entwickelt ein neues, machtbasiertes Verantwortungsmodell für die individuelle Verstrickung in globale strukturelle Ungerechtigkeiten. Er geht von dem Problem aus, dass die meisten Bedingungen für die Zuerkennung moralischer Haftbarkeitsverantwortung in Fällen der individuellen Verstrickung in globale strukturelle Übel nicht erfüllt sind: Wenn eine Person beispielsweise ein unter ausbeuterischen Bedingungen produziertes T-Shirt kauft, so ist diese Handlung für das Eintreten der strukturellen Ungerechtigkeit weder hinreichend noch notwendig, die Person hat die strukturell ungerechten Eff ekte ihrer Handlung häufi g nicht intendiert (...) und kann die Folgen ihrer Handlungen epistemisch nicht ausreichend gut überblicken. Nicht zuletzt ist ihre Partizipation an der kapitalistischen Weltwirtschaftsordnung unfreiwillig. Der Beitrag diskutiert, welche Lösung Iris Marion Young in ihrem Modell kollektiv geteilter Verantwortung für dieses Problem vorgeschlagen hat, und argumentiert, dass hier insbesondere in Hinblick auf das Kriterium der kausalen Relevanz Probleme bestehen bleiben. Davon ausgehend schlägt der Beitrag ein ergänzendes, machttheoretisch begründetes Modell der Zuerkennung moralischer Haftbarkeitsverantwortung vor: Verantwortung wird diesem zufolge nicht nur in Bezug auf einzelne Handlungen konzeptualisiert, sondern auch in Bezug auf die strukturell generierte und generalisierte Handlungsfähigkeit, die Personen aufgrund ihres Status in Regelsystemen gegenüber anderen Personen besitzen. In diesem Sinne wird einzelnen Personen Verantwortung nicht nur für die kausalen Eff ekte ihrer Handlungen, sondern bereits für die kausalen Eff ekte der Annahme ihrer sozialen Macht über andere übertragen. Ich argumentiere, dass Personen für ihre soziale Macht gegenüber anderen verantwortlich gemacht werden können, weil diese Macht die generalisierte Vorbedingung ihrer individuellen Handlungsfähigkeit darstellt und weil sie ihre sozial konstituierte Handlungsfähigkeit durch jegliches Handeln implizit annehmen. Soziale Macht wird Personen durch soziale Regeln übertragen: Auch dominierende Macht besitzt jemand, ohne dafür notwendigerweise etwas tun zu müssen. Sobald eine Person ausgehend von ihrer sozialen Macht handelt, reproduziert sie damit notwendigerweise die sozialen Konstitutionsbedingungen ihrer Macht über andere. Genauer stellt die Annahme ihrer sozialen Macht eine NESS-Bedingung in Hinblick auf die Reproduktion derjenigen strukturell ungerechten sozialen Regeln dar, die ihr Macht erst übertragen haben. Dabei können Personen meistens vorhersehen, dass die Annahme ihrer sozialen Macht, d.h. ihrer sozialen Statusfunktionen globale strukturelle Ungerechtigkeiten auf kausal relevante Art und Weise reproduziert. Obwohl die Annahme sozialer Statusfunktionen normalerweise unfreiwillig ist, kann Personen für diese kompensatorische Verantwortung übertragen werden, insofern sie die ungerechten Effekte dieser Annahme vorhersehen können. Da die Effekte unserer Statusannahme kausal und epistemisch kollektiv geteilt sind, schlage ich vor, diese Form der Verantwortung als eine kollektiv-geteilte zu verstehen. Um strukturellen Ungerechtigkeiten abzuhelfen, müssen Personen entsprechend dazu beitragen, handlungsfähige kollektive Akteure – d.h. gerechte politische Institutionen – zu bilden. (shrink)

Punishing groups raises a difficult question, namely, how their punishment can be justified at all. Some have argued that punishing groups is morally problematic because of the effects that the punishment entails for their members. In this paper we argue against this view. We distinguish the question of internal justice—how punishment-effects are distributed—from the question of external justice—whether the punishment is justified. We argue that issues of internal justice do not in general undermine the permissibility of punishment. We also defend (...) the permissibility of what some call “random punishment.” We argue that, for some kinds of collectives, there is no general obligation to internally distribute the punishment-effects equally or in proportion to individual contribution. (shrink)

This paper outlines and explores the problem of democratic dirty hands, the sui generis moral situation where democratic politicians justifiably violate both a cherished moral principle and the fundamental processes of democratic governance. Some recent contributions to the dirty-hands debate have argued that the principles of democratic governance render DDH impossible. The paper rejects this view as based on a misunderstanding of the minimal and necessary conditions for both DH and democratic overnance. However, DDH does raise interesting issues concerning the (...) complicity of citizens with their politicians’ DH. Citizens are accessories to such acts and have a duty to contribute to the reparations for the victims of DDH. Furthermore, as citizens bear some responsibility for the moral violations that were done in their name, they properly ought to feel some of the moral pollution that these actions generated. (shrink)

Thomas Pogge claims "that, by shaping and enforcing the social conditions that foreseeably and avoidably cause the monumental suffering of global poverty, we are harming the global poor ... or, to put it more descriptively, we are active participants in the largest, though not the gravest, crime against humanity ever committed." In other words, he claims that by upholding certain international arrangements we are violating our strong negative duties not to harm, and not just some positive duties to help. I (...) shall argue that even if Pogge were correct in claiming that certain rich states or at least the rich states collectively violate certain negative duties towards the poor and harm the poor, he is far too hasty in concluding that "we," the citizens of those states, are thus harming the global poor or violating our negative duties towards them. In fact, his conclusion can be shown to be wrong not least of all in the light of some of his own assumptions about collective responsibility, the enforceability of human rights, and terrorism. In addition, I will also argue that his view that we share responsibility for the acts of our political "representatives," who allegedly act "on our behalf," is unwarranted. (shrink)