This essay asks why Aristotle, certainly no friend to unlimited democracy, seems so much more comfortable with unconstrained rhetoric in political deliberation than current defenders of deliberative democracy. It answers this question by reconstructing and defending a distinctly Aristotelian understanding of political deliberation, one that can be pieced together out of a series of separate arguments made in the Rhetoric, the Politics, and the Nicomachean Ethics.

In this essay, I examine the compatibility of Kantian cosmopolitanism and patriotism. In response to recent literature, I first argue that in order to discuss this issue fruitfully, one should distinguish between three different forms of patriotism and be careful to make clear when patriotism is obligatory, permissible, or prohibited. I then show that Kantians can defend the view that civic patriotism is a duty, but that attempts to also establish nationalist patriotism and trait-based patriotism as Kantian duties fail. Showing (...) that civic patriotism is a duty does not by itself show that it is compatible with cosmopolitanism, however, and I therefore examine the relationship between different duties in more detail, arguing that there is no conflict of duties here. Finally, I argue that Kantianism provides even a bit of room for nationalist and trait-based patriotism to count as having moral worth, although this room is very narrowly circumscribed. (shrink)

Nationalism is often dismissed today as an irrational political creed with disastrous consequences. Yet most people regard their national identity as a significant aspect of themselves, see themselves as having special obligations to their compatriots, and value their nation's political independence. This book defends these beliefs, and shows that nationality, defined in these terms, serves valuable goals, including social justice, democracy, and the protection of culture. National identities need not be illiberal, and they do not exclude other sources of personal (...) identity, such as ethnicity or religion. An ethics that gives weight to special relationships is more effective in motivating people to pursue justice and other values because it connects peoples’ duties to their identity; but this is consistent with recognizing some universal values, such as human rights. There are strong reasons for making the boundaries of states and nations coincide wherever possible, but in other cases, nations can achieve forms of self‐determination that fall short of full sovereignty. Multicultural arguments in favour of identity politics and special rights for minority groups ignore the benefits that such groups derive from participating in a shared national identity and the kind of democratic politics that such an identity makes possible. Although national identities are often said to be in decline in an increasingly globalized world, they serve such important purposes that our aim should be to rebuild them in a form that makes them more accessible to excluded cultural minorities. (shrink)

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

'It is rare that a philosopher addresses a topic that is at once of vital interest to non-philosophers and philosophers alike.'-CONCERNED PHILOSOPHERS FOR PEACE NEWSLETTER.

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

Ideally, should liberals in a pluralistic society be able to agree to abide by a common legal system such that all their disputes are resolved without resort to illegal force? Rawls believes the answer is “yes.” I explain and defend his answer, but I also conclude, focusing on the example of abortion, that the truth is “not necessarily, not always.” Rawls’s conceptions of reasonable citizens and public reason help explain why there is a strong prima facie duty to forswear illegal (...) force. It is based on the duty to respect others, which requires that one be able to justify one's actions to them insofar as they are reasonable and matters of basic justice are at issue. One cannot justify using illegal force to those who reasonably think a law is just; to them it is a form of disrespect. Nonetheless, if one reasonably thinks that a fundamental injustice is tolerated or even established by the law, then one may be no less reasonable than one has reason to be if one uses illegal force, sacrificing this form of respect to right a greater wrong. (shrink)

What does it mean to be disadvantaged? Is it possible to compare different disadvantages? What should governments do to move their societies in the direction of equality, where equality is to be understood both in distributional and social terms? Linking rigorous analytical philosophical theory with broad empirical studies, including interviews conducted for the purpose of this book, Wolff and de-Shalit show how taking theory and practice together is essential if the theory is to be rich enough to be applied to (...) the real world, and policy systematic enough to have purpose and justification. The book is in three parts. Part 1 presents a pluralist analysis of disadvantage, modifying the capability theory of Sen and Nussbaum to produce the 'genuine opportunity for secure functioning' view. This emphasises risk and insecurity as a central component of disadvantage. Part 2 shows how to identify the least advantaged in society even on a pluralist view. The authors suggest that disadvantage 'clusters' in the sense that some people are disadvantaged in several different respects. Thus identifying the least advantaged is not as problematic as it appears to be. Conversely, a society which has 'declustered disadvantaged' - in the sense that no group lacks secure functioning on a range of functionings - has made considerable progress in the direction of equality. Part 3 explores how to decluster disadvantage, by paying special attention to 'corrosive disadvantages' - those disadvantages which cause further disadvantages - and 'fertile functionings' - those which are likely to secure other functionings. In sum this books presents a refreshing new analysis of disadvantage, and puts forward proposals to help governments improve the lives of the least advantaged in their societies, thereby moving in the direction of equality. (shrink)

This is the text of The Lindley Lecture for 1984, given by Alasdair Maclntyre, a Scottish philosopher.

The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to dissociate (...) herself from, governmental decisions that violate those values. A parallel is then drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. Both practices are associated with an aim to demonstrate protest against certain types of conduct and an aim to bring about a change in that conduct. In paradigm situations, a civil disobedient aims to lead policymakers not only to reform existing law, but also to internalise her objections so as to produce a lasting change in the law. Having such aims places some constraints upon the modes of communication that she reasonably may use to achieve these aims. This paper concludes by considering three controversial modes of communication -- coercion, publicity and violence. (shrink)

The global age is distinguished by disobedience, from the protests in Tiananmen Square to the fall of the Berlin Wall, to the anti-G8 and anti-WTO demonstrations. In this book, Raffaele Laudani offers a systematic review of how disobedience has been conceptualized, supported, and criticized throughout history. Laudani documents the appearance of "disobedience" in the political lexicon from ancient times to the present, and explains the word's manifestations, showing how its semantic wealth transcended its liberal interpretations in the 1960s and 1970s. (...) Disobedience, Laudani finds, is not merely an alternative to revolution and rebellion, but a different way of conceiving radical politics, one based on withdrawal of consent and defection in relation to the established order. (shrink)

In most discussions of civil disobedience, certain characteristics are offered as essential to an act of justifiable civil disobedience, or sometimes to any act of civil disobedience. Among these one of the most frequently mentioned is nonviolence. Some thinkers, like Bedau and Wasserstrom, require an act to be nonviolent before they will even count it as an act of civil disobedience; the very concept for them includes the notion of nonviolence. Others, like Stuart Brown, Rex Martin and Michael Bayles, admit (...) the possibility of a violent act of civil disobedience; but hold that, though nonviolent civil disobedience is justifiable, violent civil disobedience is not justifiable. (shrink)

Towards the end of her seminal work on the notion of representation Hanna Pitkin makes the following observation:At the end of the Second World War and during the Nuremberg trials there was much speculation about the war guilt of the German people. [...] Many people might argue the responsibility of the German people even though a Nazi government was not representative. We might agree, however, that in the case of a representative government the responsibility would be more clear-cut.2As Pitkin suggests (...) in this quotation, there is a common underlying assumption, both in academic writings and in popular perceptions of democracy, that a people living under a democratic government is ultimately responsible for that .. (shrink)

The cosmopolitan idea of justice is commonly accused of not taking seriously the special ties and commitments of nationality and patriotism. This is because the ideal of impartial egalitarianism, which is central to the cosmopolitan view, seems to be directly opposed to the moral partiality inherent to nationalism and patriotism. In this book, Kok-Chor Tan argues that cosmopolitan justice, properly understood, can accommodate and appreciate nationalist and patriotic commitments, setting limits for these commitments without denying their moral significance. This book (...) offers a defense of cosmopolitan justice against the charge that it denies the values that ordinarily matter to people, and a defence of nationalism and patriotism against the charge that these morally partial ideals are fundamentally inconsistent with the obligations of global justice. Accessible and persuasive, this book will have broad appeal to political theorists and moral philosophers. (shrink)

Nationalism and patriotism are two of the most powerful forces shaping world history. In this paperback edition of a highly successful, wide-ranging study, Maurizio Viroli shows exactly why patriotism is a political virtue and nationalism a political vice.

"This is a most timely, intelligent, well-written, and absorbing essay on a central and painful social and political problem of out time."--Sir Isaiah Berlin"The major achievement of this remarkable book is a critical theory of nationalism, worked through historical and contemporary examples, explaining the value of national commitments and defining their moral limits. Tamir explores a set of problems that philosophers have been notably reluctant to take on, and leaves us all in her debt."--Michael WalzerIn this provocative work, Yael Tamir (...) urges liberals not to surrender the concept of nationalism to conservative, chauvinist, or racist ideologies. In her view, liberalism, with its respect for personal autonomy, reflection, and choice, and nationalism, with its emphasis on belonging, loyalty, and solidarity are not irreconcilable. Here she offers a new theory, "liberal nationalism," which allows each set of values to accommodate the other. Tamir sees nationalism as an affirmation of communal and cultural memberships and as a quest for recognition and self-respect. Persuasively she argues that national groups can enjoy these benefits through political arrangements other than the nation-state. While acknowledging that nationalism places members of national minorities at a disadvantage, the author offers guidelines for alleviating the problems involved using examples from currents conflicts in the Middle East and in Eastern Europe.Liberal Nationalismis an impressive attempt to tie together a wide range of issues often kept apart: personal autonomy, cultural membership, political obligations, particularity versus impartiality in moral duties, and global justice. Drawing on material from disparate fields--including political philosophy, ethics, law, and sociology--Tamir brings out important and previously unnoticed interconnections between them, offering a new perspective on the influence of nationalism on modern political philosophy. (shrink)

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not (...) to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accomodate individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greenawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike. (shrink)

This essay explores some of the conceptual and moral issues raised by illegal actions in health care. The author first identifies several types of illegal action, concentrating on civil disobedience, conscientious objection or refusal, and evasive noncompliance. Then he sketches a framework for the moral justification of these types of illegal action. Finally, he applies the conceptual and normative frameworks to several major cases of illegal action in health care, such as "mercy killing" and some decisions not to treat incompetent (...) patients. Keywords: illegal actions, mercy killing, non-treatment of incompetent patients, civil disobedience, conscientious objection, evasive non-compliance, moral justification and disobedience, dissent in health care CiteULike Connotea Del.icio.us What's this? (shrink)

Although conscientious objection is a long-standing phenomenon, it has only recently become a major factor affecting armed forces and society. The only comprehensive, comparative scholarly study of conscientious objection to military service, this book examines the history of the practice in the Western world and state policies that have grown up in response to it. It shows how the contemporary refusal to bear arms is likely to be secular and widespread rather than religious and marginal, now including service people as (...) well as conscription resisters. No account of civil-military relations or peace movements in advanced industrial countries is complete without reference to conscientious objection, and this book will be the standard text on the subject. (shrink)

Power to the People examines the teaching of political philosophy in what is taken to be skeptical times. Author Avner de-Shalit encourages political philosophers to remain committed to the analytical achievements of political philosophy while also revising and improving the teachings of the discipline to be more in tune with the demands of democratic society.