This article, from the viewpoint of the philosophy of Roberto Esposito, seeks to address the issue of why the birth of modernity in terms of a politics of life always threatens to become a politics of death. I defend the thesis that the experience of death in contemporary politics is the consequence of a paradigm of immunization. The careful analysis of this thesis will show that the biopolitical mechanism formulated by Foucault (with whom I am in agreement), without doubt, explains (...) why the dangers of this form of biopower to be immunized are deeply rooted in our thinking in modernity. (shrink)

This paper was read at the University of Virginia at the XXXVIII ALDEEU conference of June 2018. -/- The phrase ‘Life, Liberty, and the pursuit of Happiness’ was Thomas Jefferson’s rewriting of Locke’s dictum, ‘Life, Liberty, and the pursuit of Property.’ Locke’s political philosophy speaks of a coming liberal age, engendering the Declaration of Independence. Anglo-Saxon historiography seemed to assure that Locke’s ideas were the autochthonous result of a historical process centered on the Reformation, Cromwellian parliamentary supremacy, and English (...) commercial practices. Some continental philosophers look instead to the theologians of the School of Salamanca for the European origins of liberty. In this paper I will examine the recent scholarship about the impressive contribution of this School which led Jefferson to ground the Declaration of Independence in scholastic thought. These scholastics provided the philosophical, legal, and economic framework for modern Europe, as it transitioned from its medieval concepts of social organization to the more liberal and individualistic one now. They were influential for a simple reason. The scholastic program used reason to develop its concepts of free will, popular sovereignty, and property rights – which well correspond to Locke’s phrase – and placed them in a congruent philosophical system derived from first principles using natural law. It was this coherent, logical framework that appealed most to the later thinkers Jefferson relied on when searching for a sound philosophical basis for the Declaration. The Hispanic neo-scholastics applied natural law to prior Conciliarist parliamentary ideas to establish a new relationship between the individual, the community, and the state. This framework emphasized a greater separation of church and state, popular sovereignty, deposition of kings, and checks on monarchical power. Others, including Protestants and Enlightenment thinkers, were later drawn to this system due to its sound basing in an essentialist, classical, natural law drawn from first principles. It was this foundational coherence which attracted others, including Jefferson, who tended to mistrust the basis of the resistance theorists that also relied on historicism or scripture, such as George Buchanan, the authors of Vindiciae Contra Tyrannos, or Locke himself. -/- . (shrink)

This study focuses on the ideas of Antonio Negri and Michael Hardt, the most influential thinkers of recent period, about the concepts of the Empire, Multitude and Biopolitical production. These concepts being at the center of contemporary political discussions problematise the ideaitonal foundations of the idea of Empire evaluated as a new form of sovereignty, the economic transformation in the contemporary capitalism and the new form of subjectivity in this age. To Negri and Hardt, Empire is seen as a logic (...) of network operating at global level and a new logic of sovereignty and governance going beyond the political boundaries of nation states as form of sovereignty. In this regard, multitude is evaluated as a collective and joint social subject against the power and command forms of empire. As for biopolitical production, it is defined as the production of life in which feelings, symbols, communication and cooperation go beyond the understanding that centers the production of tangible goods within the capitalist production and work organization. These three concepts draw an important framework in terms of understanding the economic, political transformation of the contemporary world. In this study, it was aimed at interpreting the nature of global changes brought forward by the Negri and Hardt thought within the boundaries of these three concepts. (shrink)

This study focuses on the ideas of Antonio Negri and Michael Hardt, the most influential thinkers of recent period, about the concepts of the Empire, Multitude and Biopolitical production. These concepts being at the center of contemporary political discussions problematise the ideaitonal foundations of the idea of Empire evaluated as a new form of sovereignty, the economic transformation in the contemporary capitalism and the new form of subjectivity in this age. To Negri and Hardt, Empire is seen as a logic (...) of network operating at global level and a new logic of sovereignty and governance going beyond the political boundaries of nation states as form of sovereignty. In this regard, multitude is evaluated as a collective and joint social subject against the power and command forms of empire. As for biopolitical production, it is defined as the production of life in which feelings, symbols, communication and cooperation go beyond the understanding that centers the production of tangible goods within the capitalist production and work organization. These three concepts draw an important framework in terms of understanding the economic, political transformation of the contemporary world. In this study, it was aimed at interpreting the nature of global changes brought forward by the Negri and Hardt thought within the boundaries of these three concepts. (shrink)

Community has been both celebrated and demonized as a fortress that shelters and defends its members from being exposed to difference. Instead of abandoning community as an antiquated model of relationships that is ill suited for our globalized world, this book turns to the writings of Giorgio Agamben, Roberto Esposito, and Jean-Luc Nancy in search for ways to rethink community in an open and inclusive manner. Greg Bird argues that a central piece of this task is found in how each (...) philosopher rearticulates community not as something that is proper to those who belong and improper to those who are excluded or where inclusion is based on one’s share in common property. We must return to the forgotten dimension of sharing, not as a sharing of things that we can contain and own, but as a process that divides us up and shares us out in community with one another. This book traces this problem through a wide array of fields ranging from biopolitics, communitarianism, existentialism, phenomenology, political economy, radical philosophy, and social theory. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

Brettschneider argues that the granting of property rights to all entails a right of exclusion by acquirer/owners against all others, that this exclusionary right entails a loss on their part, and that to make up for this, property owners owe any nonowners welfare rights. Against this, I argue that exclusion is not in fact a cost. Everyone is to have liberty rights, which are negative: what people are excluded from is the liberty to attack and despoil others. Everyone, (...) whether an owner of external property or not, benefits from this and thus rationally exchanges that liberty in exchange for a like abandonment of it by others. The proper social contract trade is thus liberty for liberty—not liberty for owners and positive welfare rights for nonowners (though the latter in fact benefit greatly from the property rights of owners). (shrink)

In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ ‘competence interests’.

Food Sovereignty is a vibrant discourse in academic and activist circles, yet despite the many shared characteristics between issues surrounding food and public health, the two are often analysed in separate frameworks and the insights from Food Sovereignty are not sufficiently brought to bear on the problems in the public health discourse. In this paper, I will introduce the concept of 'self-organised community viability' as a way to link food and health, and to argue that what I call the 'Health (...) Security' paradigm requires a 'Health Sovereignty' response modelled on Food Sovereignty. (shrink)

In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument fails for similar (...) reasons. (shrink)

This study focuses on the ideas of Antonio Negri and Michael Hardt, the most influential thinkers of recent period, about the concepts of the Empire, Multitude and Biopolitical production. These concepts being at the center of contemporary political discussions problematise the ideaitonal foundations of the idea of Empire evaluated as a new form of sovereignty, the economic transformation in the contemporary capitalism and the new form of subjectivity in this age. To Negri and Hardt, Empire is seen as a logic (...) of network operating at global level and a new logic of sovereignty and governance going beyond the political boundaries of nation states as form of sovereignty. In this regard, multitude is evaluated as a collective and joint social subject against the power and command forms of empire. As for biopolitical production, it is defined as the production of life in which feelings, symbols, communication and cooperation go beyond the understanding that centers the production of tangible goods within the capitalist production and work organization. These three concepts draw an important framework in terms of understanding the economic, political transformation of the contemporary world. In this study, it was aimed at interpreting the nature of global changes brought forward by the Negri and Hardt thought within the boundaries of these three concepts. (shrink)

American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due in (...) part to the investments of employees and of the host community. The contributions of the latter should therefore be adequately recognized in law. Short-term job protection and long-term planning for leisure are helpful. But still more important is a recognition in public policy of the interests of the community in property owned by corporations. There is ample precedent in our legal traditions for public preemption of private property; but in contrast to much taking in the past, this must be exercized in a manner that is truly for the public benefit. (shrink)

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...) ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

In this paper, I will provide an interpretation of Foucauldian theoretical understanding on natures of power from sovereign power to biopolitics. In order to give further depth and texture to what he means by biopolitics, I will attempt to connect biopolitics with his earlier work Discipline and Punish. The term ‘biopolitics’ was actually mentioned by Foucault on the last chapter of his History of Sexuality Volume 1: An Introduction, where he also claimed it as a technology of power linked to (...) biopower. Foucault wrote that the highest function of biopolitics is not to kill, but to invest life through and through in the machineries of production. If that is the case, then, biopolitics aims to ensure the longevity, health, and wellness of the social bodies. However, if biopolitics is the politics that safeguard life, how come that the innumerable individuals are situated in dire condition? To answer this question, the work of Antonio Negri and Michael Hardt will be used to understand further the nature of biopolitics and its effects in the social terrain specially in the contemporary society. (shrink)

Libertarianism—and classical liberalism generally—entails (or presupposes) a specific, but implicit, conception of liberty. Imagine two lists of property-rights: one list is all those that currently appear to be libertarian (self-ownership, property acquired by use of natural resources, property acquired by consensual exchange, etc.); the other list is all those that currently appear not to be libertarian (aggressively imposed slavery, property acquired by theft or fraud, property acquired by coerced transfers due to welfare claims, etc.). What (...) determines into which list a property-right is to be assigned? If libertarianism is really about liberty, then the determining factor must be whether the property-right somehow fits what liberty is in a more abstract sense than property. It greatly clarifies matters to have an explicit theory of this entailed conception of abstract liberty and how it relates to its practical application and to morality. (shrink)

Mainstream analytic epistemology regards knowledge as the property of individuals, rather ‎than groups. Drawing on insights from the reality of knowledge production and dissemination ‎in the sciences, I argue, from within the analytic framework, that this view is wrong. I defend ‎the thesis of ‘knowledge-level justification communalism’, which states that at least some ‎knowledge, typically knowledge obtained from expert testimony, is the property of a ‎community and possibly none of its individual members, in that only the community or (...) some ‎members of it collectively possesses knowledge-level justification for its individual members’ ‎beliefs. I address several objections that individuals, qua individuals, have or are able to ‎acquire knowledge-level justification for all the beliefs they obtain from expert testimony. I ‎argue that the problem I identify with individualism is invariant under any specific account of ‎justification, internalist or externalist. ‎. (shrink)

Simultaneous observation of the wave-like and particle-like aspects of the photon in the double-slit experiment is unallowed. The underlying reason behind this limitation is not understood. In this paper, we explain this unique behavior by considering the communicational properties of the photons. Photons have three independently adjustable properties (energy, direction, and spin) that can be used to communicate messages. The double-slit experiment setup fixes two of these properties and confines the single photon’s capacity for conveying messages to no more than (...) one message. With such a low communication capacity, information theory dictates that measurements associated only with one proposition can obtain consistent results, and a second measurement associated with an independent proposition must necessarily lead to randomness. In the double-slit example, these are the wave or particle properties of the photon. The interpretation we offer is based on the formalism of information theory and does not make use of Heisenberg’s uncertainty relation in any form. (shrink)

I reconstruct the civic republican foundations of Eugene Debs’s socialist critique of capitalism, demonstrating how he uses a neo-roman conception of freedom to condemn waged labour. Debs is also shown to build upon this neo-roman liberty in his socialist republican objections to the plutocratic capture of the law and threats of violence faced by the labour movement. This Debsian socialist republicanism can be seen to rest on an ambitious understanding of the demands of citizen sovereignty and civic solidarity. While Debs (...) shares some of the commitments of earlier American labour republican critics of capitalism, he departs from them in his thoroughgoing commitment to common democratic ownership of productive property. His socialist republicanism remains valuable today for its ability to illuminate features of plutocratic control, judicial autocracy, and the regime of property best suited to suppressing economic domination. I conclude that Debs not only deserves a prominent place in an emerging radical republican canon but presents a distinctive contrast with many of his Marxist contemporaries and offers a compelling challenge to recent liberal, plebeian, and socialist forms of republicanism. (shrink)

Dimitris Vardoulakis asks how it is possible to think of a politics that is not commensurate with sovereignty. For such a politics, he argues, sovereignty is defined not in terms of the exception but as the different ways in which violence is justified. Vardoulakis shows how it is possible to deconstruct the various justifications of violence. Such dejustifications can take place only by presupposing an other to sovereignty, which Vardoulakis identifies with agonistic democracy. In doing so, Sovereignty and Its Other (...) puts forward both a novel critique of sovereignty and an original philosophical theory of democratic practice. (shrink)

"Biopolitics" has become a popular concept for interpreting the COVID-19 pandemic, yet the term is often used vaguely, as a buzzword, and therefore loses its specificity and relevance. This article systematically explains what the biopolitical lens offers for analyzing and normatively criticizing the politics of the coronavirus. I argue that biopolitics are politics of differentiated vulnerability that are intrinsic to capitalist modernity. The situation resulting from the COVID-19 pandemic is, therefore, less of a state of exception than it might appear; (...) COVID-19 is a continuation and intensification of the capitalist biopolitics of differentiated vulnerability. In order to critically evaluate this situation, the article proposes the concept of "democratic biopolitics" and shows how it can be used, among others, for a queer critique of the differentiated vulnerabilities that are produced by the coronavirus and its capitalist governance. In contrast to widespread interpretations of democratic biopolitics that focus on collective care in communities, this article highlights the role of the state and of the redistribution of political power and economic resources as key for biopolitical democratization. (shrink)

The COVID-19 pandemic has made relevant questions regarding the limits and the justifications of sovereign power as nation states utilize high degrees of power over populations in their strategies of countering the virus. In our article, we analyze a particularly important facet of the strategy of sovereignty in managing the affects caused by a pandemic, which we term the ontology of war. We analyze the way in which war plays a significant role in the political ontology of our societies, through (...) its aiming to produce a unified political subject and an external enemy. Taking our theoretical cue from Butler’s thinking on frames of recognizability we extend her theory through augmenting it with affect theory to argue for how the frame of recognizability produced by the ontology of war fails to guide our understanding of the pandemic as a political problem, a failure that we analyze through looking at the affective register. We argue that the main affect that the nation state tries to manage, in relation to the pandemic, through the ontology of war is anxiety. We show that the nation state tries to alleviate anxiety by framing it through the ontology war, this leads to the appearance of a potentially racist and nationalist affective climate where the “enemy” is no longer felt to be the virus, but members of other nations as well as minorities. We argue that the pandemic reveals both the political ontology of war central to the foundation of our political communities, and how this ontology is used by the nation state to manage feelings of anxiety and insecurity. Ultimately, as we will discuss at the end of this article, this leads to failure. (shrink)

Local food initiatives are steadily becoming a part of contemporary cities around the world and can take on many forms. While some of these initiatives are concerned with providing consumers with farm-fresh produce, a growing portion are concerned with increasing the food sovereignty of marginalized urban communities. This chapter provides an analysis of urban contexts with the aim of identifying conceptual barriers that may act as roadblocks to achieving food sovereignty in cities. Specifically, this paper argues that taken for granted (...) commitments created during the birth of the modern city could act as conceptual barriers for the implementation of food sovereignty programs and that urban food activists and programs that challenge these barriers are helping to achieve the goal of restoring food sovereignty to local communities, no matter their reasons for doing so. At the very least, understanding the complexities of these barriers and how they operate helps to strengthen ties between urban food projects, provides these initiatives with ways to undermine common arguments used to support restrictive ordinances and policies, and illustrates the transformative potential of food sovereignty movements. (shrink)

Usually a relational approach, such as one appealing to care or love, is contrasted with an account of justice. In this chapter, however, I argue that distributive justice is well conceived as itself a matter of honouring people in virtue of their capacity to love and to be loved. After spelling out a familiar conception of love, I explain how treating people with respect in light of this capacity provides a plausible basis for human rights, one that rivals influential individualist (...) foundations such as Kantian respect for autonomy and Catholic honor of human life. I also articulate an egalitarian conception of how to allocate wealth that I argue is also a function of treating people's ability to love as special and that can compete against views salient in Anglo-American political philosophy such as cost-benefit analysis and John Rawls’ difference principle. (shrink)

Drawing on Roberto Esposito’s conceptualization of ‘affirmative biopolitics’, this article examines the relationship between bedbugs and humans in the Glasgow neighbourhood of Govanhill. Through an analysis of ethnographic field notes and interviews with people who live in the area, this article traces their experiences from first encounters. The trajectory of this experience shows a shift from a desire to immunize their homes through total annihilation of the creatures to the more pragmatic position of learning how to live with them through (...) an orientation toward ‘shared vulnerability’. This case study raises interesting questions for biopolitical theory: how can we conceive of affirmative biopolitics when the limitations of species being are evident, and is it possible to conceive of a multi or even interspecies munus or obligation? (shrink)

As civil liberties are shredded and powerful corporate and political force engage in a range of legal illegalities, the state itself becomes a model for corruption and violence. Violence has become not only the foundation of corporate sovereignty, it has also become the ideological scaffolding of common sense. Under casino capitalism, the state has become the enemy of justice and offers a prototype for types of misguided rebellion that mimic the lawlessness enshrined by corporate sovereignty and the repressive state apparatuses. (...) Under such circumstances, the force of action does not reside in deliberation, compassion, justice, equality and freedom. The state of exception has become the rule serving to legitimate illegality and normalizing violence and force as the only mediating dynamic worth utilizing to solve problems. In addition, subjectivity itself has become both hyper-masculinized, transformed, and subordinated to the celebration of an aggressive, violent and hyper-competitive war machine. Evidence of the hardening of the culture and the ongoing visibility of a pathological form of hyper-masculinity abounds in polices that amount to a permanent war on the poor, women, immigrants, workers, public servants, Muslims, poor minorities and those adults marginalized by class and race. Casino capitalism's paranoiac and increasingly repressive institutional and ideological apparatuses live in fear of dissent, critical rationality and the possibility of collective struggles moved by the desire for justice and a radical democracy. This is precisely where questions about education and resistance connect to broader debates about producing critical agents capable of acting as engaged and responsible citizens in a substantive democracy. Neoliberalism, as a dominant ideology, changed not only ways of thinking, but, consequently, practices. Evidently, a process of transformation like the one imposed by the hegemony of neoliberal ideology does not take place without resistance-conscious or not-and here it is the role of the State (and its ideological apparatus) in the subjection of individuals. For Fisher, there is no element that shows that the public actually embraced neoliberal doctrines with enthusiasm. For Mark Fisher, capitalist realism is \\\"an expression of class decomposition, and a consequence of class disintegration\\\". The phenomenon resulting from this discontent that finds few ways to express itself that are not individual is named by Mark Fisher as the \\\"privatization of stress\\\", which easily converts into depression and other psychological suffering. Although both its neoliberal and neoconservative components are opposed to bureaucracy in favour of privatised decentralisation, in practice capitalist realism involves the normalisation of bureaucracy and the creation of additional and unnecessary labour. Although pyramidal hierarchies are flattened, the increase and establishment of constant communication through technology has led to people at the same level surveilling each other. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, (...) such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

This paper explores the connections between and synthesis of Anarchist political philosophy with the ethical systems of the late Roman Stoics. Utilizing a dialectic virtue model, reminisce of Hegelian development, the analysis centers around the ways in which stoic virtue theory can be applied within anarchist social structure and the consequences of such a combination. Anarchism provides a particularly flexible framework for implementation; such a system’s loose structure, with the primary thesis of anti-statism, varies greatly between individuals and groups. Stoic (...) ethics share in anarchism’s need to reconcile the individual moral agent with their role in the moral community, and this connection is one in which the individual sovereignty and the wider community may be brought into a greater degree of flourishing. Stoicism is oft perceived as mostly conservative, yet not out of necessity, while Anarchism’s progressive libertarian nature allows for wide interpretation. A Dialectic Virtue Theory can be utilized as a vehicle to connect these two traditions—Stoicism being it’s exemplar, and Anarchism's natural freedom of interpretation and practice. Virtue will then be explored as something which, when pursued in earnest, increases the flourishing of the individualist as well as the communitarian. Individual Liberty will take center stage, and as we will see this is echoed in the stoic conceptions of self-discipline; to discipline one’s own individual attainment of virtue will have ripple effects when given the space to do so, and since this discipline does not come from a higher authority (ie. the state), this maps particularly well to anarchist political thought. Hereby the individual is given the utmost freedom to develop their own ethics of virtue while contributing positively to the generalized virtue of the larger community, and both grow evermore sophisticated via this dialectical exploration. This thesis asserts that the system which can be constructed from these traditions is not only preferable, but logically sound, just, and attainable. This then ushers in the newest in a long line of anarchist variance which we shall now call Anarcho-Stoicism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' War, (...) a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss (...) this challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

As the science and technology of the brain and mind develop, so do the ways in which brains and minds may be surveilled and manipulated. Some cognitive libertarians worry that these developments undermine cognitive liberty, or “freedom of thought.” I argue that protecting an individual’s cognitive liberty undermines others’ ability to use their own cognitive liberty. Given that the threatening devices and processes are not relevantly different from ordinary and frequent intrusions upon one’s brain and mind, strong protections of cognitive (...) liberty may proscribe neurotechnological intrusions, but also ordinary intrusions. Thus, the cognitive libertarian position “hog-ties” others’ use of their own liberties. This problem for the cognitive libertarian is the same problem that ordinary libertarianism faces in protecting individual rights to property and person. But the libertarian strategies for resolving the problem don’t work for the cognitive libertarian. I conclude that the right to mental privacy is weaker than what cognitive libertarians want it to be. (shrink)

This chapter approaches the question of biopolitics in ancient political thought looking not at specific political techniques but at notions of the final aim of the political community. It argues that the “happiness” (eudaimonia, beatitudo) that constitutes the greatest human good in the tradition from Aristotle to Thomas Aquinas is not a “biopolitical” ideal, but rather a metabiopolitical one, consisting in a contemplative activity situated above and beyond the biological and the political. It is only with Thomas Hobbes that civic (...) happiness becomes “biopolitically” identified with simple survival; for modernity, as Hannah Arendt puts it, mere being alive becomes the greatest human good, and happiness is understood as a subjective “quality of life.” In both models, the political realm is a means to an end. Arendt draws our attention to a neglected third alternative to both the classical/metabiopolitical and the modern/biopolitical ideals: “public happiness” consisting in political participation itself. (shrink)

The central thesis of my article is that people live a life worthy of a human being only as self-ruling members of some autarchic (or self-governing) communities. On the one hand, nobody is born as a self-ruling individual, and on the other hand, everybody can become such a person by observing progressively the non-aggression principle and, ipso facto, by behaving as a moral being. A self-ruling person has no interest in controlling her neighbors, but in mastering his own impulses, needs, (...) wishes, desires, behaviors, etc. Inasmuch as he is an imperfect being who lives in an imperfect world, he needs to share certain interests, beliefs, values, customs and other characteristics with other people, i.e. to be involved in some communities. Depending on the following four criteria – the regulatory principle, the essential resources, the specific feedback and the fundamental values –, the countless and manifold human communities can be grouped in three categories: (1) affinity communities, (2) economic communities, and (3) civic communities. In other words, every community or human behavior has an affinity, an economic, and a civic dimension. If a civic community is merely a state shaped society, it can be called a political community. All communities are intrinsically variable. Throughout time, they ceaselessly change their composition, values, interpersonal processes and relations, territory, etc. Interestingly enough, the variability is unanimously recognized and accepted in affinity and communities economic, but is denied or abusively interpreted in the case of state shaped societies. If we confuse two types of order − cosmos and taxis – and two types of rule – nomos and thesis –, as well as we exaggerate the importance of certain type of community we bring some social maladies, namely the traditionalism, the commercialism and the civism, (with the worst form of it – the politicality). Whatever the communities they are involved in, all persons relate (implicitly or explicitly) to the libertarian non-aggression principle, living their life in strict accordance with the logical implications of the position they adopt. People who respect the non-aggression axiom necessarily manifest self-control, consideration for the life and property of the others, commitment to offer value for value, love of freedom and a high level of individual responsibility. By contrast, people who violate this axiom – the villains and the statists – invariably strive to control their neighbors, behave as parasites or predators, prefer forced exchanges, reject the personal responsibility (at most accepting the idea of social responsibility), and apply double moral standards. The first category of people generates a libertarian civic discourse as a spontaneous order, and the second creates a political/ statist civic discourse as a result of the human design and will to power. As a spontaneous order, the libertarian civic discourse implies free involvement, peaceful coordination, free expression, free reproduction of ideas and the power of one. Every communication performance in the frame of the libertarian civic discourse is important and has relevant results. All participants to the libertarian civic discourse are automatically members of some self-governing communities (at least members of the general libertarian community). The most important thing for these communities is to be connected to a communicational infrastructure which would make possible free involvement, free expression and the free reproduction of ideas. Inasmuch as today democracy means the tyranny of majority and participatory democracy the tyranny of majority plus the power of vested (and illegitimate) interests, only the emergence of self-governing communities by libertarian discourse offers us a little hope. It’s high time to fall in love (again) with liberty and to embrace the non-aggression principle. We don’t have to create a perfect world, but we can strive to develop our human nature. (shrink)

Since sending explicit messages can be costly, people often utilize “what is not said,” i.e., informative silence, to economize communication. This paper studies the efficient communication rule, which is fully informative while minimizing the use of explicit messages, in cooperative environments. It is shown that when the notion of context is defined as the finest mutually self-evident event that contains the current state, the efficient use of informative silence exhibits the defining property of indexicals in natural languages. While the (...) efficient use of silence could be complex, it is also found that the efficient use of silence can be as “simple” as the use of indexicals in natural languages if and only if the information structure satisfies some centrality and dominance properties. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

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

The “language-communication-society” triangle defies traditional scientific approaches. Rather, it is a phenomenon that calls for an integration of complex, transdisciplinary perspectives, if we are to make any progress in understanding how it works. The highly diverse agents in play are not merely cognitive and/or cultural, but also emotional and behavioural in their specificity. Indeed, the effort may require building a theoretical and methodological body of knowledge that can effectively convey the characteristic properties of phenomena in human terms. New complexity approaches (...) allow us to rethink our limited and mechanistic images of human societies and create more appropriate emo-cognitive dynamic and holistic models. We have to enter into dialogue with the complexity views coming out of other more ‘material’ sciences, but we also need to take steps in the linguistic and psycho-sociological fields towards creating perspectives and concepts better fitted to human characteristics. Our understanding of complexity is different – but not opposed – to the one that is more commonly found in texts written by people working in physics or computer science, for example. The goal of this book is to extend the knowledge of these other more ‘human’ or socially oriented perspectives on complexity, taking account of the language and communication singularities of human agents in society. (shrink)

This paper explores the tensions between two disparate approaches to addressing hunger worldwide: Food security and food sovereignty. Food security generally focuses on ensuring that people have economic and physical access to safe and nutritious food, while food sovereignty movements prioritize the right of people and communities to determine their agricultural policies and food cultures. As food sovereignty movements grew out of critiques of food security initiatives, they are often framed as conflicting approaches within the wider literature. This paper explores (...) this tension, arguing that food security is based on a particular model of justice, distributive justice, which limits the sovereignty and autonomy of communities as food producers and consumers. In contrast, food sovereignty movements view food security as a necessary part of food sovereignty, but ultimately insufficient for creating food sustainable communities and limiting wider harms. Rather than viewing food security and food sovereignty as in conflict, we argue that food sovereignty’s justice framework both encompasses and entails justice claims that guide food security projects. (shrink)

This paper addresses the question of how the right to liberty, qua moral right, is best understood, and then how that right can serve as a basic human right of indispensable value. Section I argues that if the right to liberty is understood as a general right to license, then, as Ronald Dworkin argues, it cannot be a basic right in any morally meaningful sense. Sections II, III, and IV consider and reject the view that the right to liberty, as (...) a basic right, comprises unrelated sets of either unilateral or bilateral liberty rights correlating with prima facie duties of non-interference. A new model of the basic right to liberty is offered in section V, and then defended in section VI. This model understands the basic right to liberty as a mutually held and reciprocally respected Hohfeldian power-right enjoyed by all basic-rights holders. In virtue of occupying the position of basic-rights holder and participation in a system of rights-permitted action and duty-required compliance or forbearance, persons come to enjoy emergent liberties that augment respect within the community and the value of having basic rights. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...) the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions and talents (...) are roughly equally able to use their economic liberties to develop and pursue a conception of the good. This, I will argue, is a very demanding standard that requires aggressive taxation and redistribution. (shrink)

This paper examines the concept of liberty at the heart of Sarah Chapone’s 1735 work, The Hardships of the English Laws in Relation to Wives. In this work, Chapone (1699-1764) advocates an ideal of freedom from domination that closely resembles the republican ideal in seventeenth and eighteenth- century England. This is the idea that an agent is free provided that no-one else has the power to dispose of that agent’s property—her “life, liberty, and limb” and her material possessions—according to (...) his arbitrary will and pleasure, without being accountable to the law. This paper shows how Chapone uses this ideal to ground her arguments against those laws that put married women in a worse condition than slavery, and to call for the establishment of reasonable and just safeguards for a woman’s personal property and property in her children. More than this, it is argued, in this text Chapone articulates a feminist ideal that is both negative freedom from domination and positive freedom to be one’s own master or arbiter. Her work thus occupies a unique—and hitherto unrecognized—place in the history of feminist philosophy. (shrink)

Honors Research: PPE @ UPenn | This thesis seeks to address some of the most central questions to the fields of political philosophy and political economy. How can social order and government develop from anarchy under standard economic assumptions of rationality, where all agents act strictly in their own interests? What are the deontological limits to the State’s use of force such that political legitimacy is maintained, and how do these ethical boundaries of government relate to moral obligations conferred upon (...) individuals? Finally, what sets of policies and social institutions ought the State implement to achieve the best welfare outcomes for a society, and is there a necessary conflict between policy consequentialism and deontological ethics? This thesis will first show that a laissez-faire capitalist social order spontaneously emerges from the State of Nature as a result of mutual self-interest between rational agents, with the institution of government being a mere product of market forces that is best modeled as a locally-monopolized, excludable, collective entity with global competition. Then, this thesis will defend a theory of natural rights on the basis that persons are normatively separate, before establishing that laissez-faire capitalism and its contractual form of government are uniquely in compliance with these universal moral standards of conduct that predate the institution of any state. Finally, it will be argued in this thesis that the key tenets of laissez-faire capitalism - strong individual rights to life, liberty, and property - produce maximal human welfare from both individualist and collectivist aggregations, before such conclusions are translated into a foundation for limited government. These arguments serve to solidify libertarianism as both the dominant political philosophy and the globally convergent equilibrium of political organization, while also demonstrating that laissez-faire capitalism is the optimal form of social order. (shrink)

The article shows that Donald Trump used three distinct but mutually supportive strategies to ascent to power in the 2016 elections. It argues that sovereignty in general uses these three strategies to justify its power. But it is only one of them, the one linked to a biopolitical conception of sovereignty, that allows for lack of authority. Trump used this strategy to great effect in 2016, but the article argues that it will be hard to pursue the same strategy from (...) the Oval Office. (shrink)

Justice is about political ideals on how to accommodate differences that are natural among basically heterogeneous human beings. In many ways, justice is remarkably complicated because of the alleged conflict between the demands of equality and the concern that people should have as much liberty available. The author argues in this essay that the ideal of equality and liberty can be reconciled into the liberal ideal of fairness. This compromise view accounts as a justification for coercive institutions and obligations and (...) a tenable basis for a practical definition of rights and justice in general. The author does this by going through the philosophical presuppositions of the different theories of justice. His examination focuses on rendering analytic clarity to the ideal of equality, liberty, and the value of community. (shrink)

The paper critically discusses the dualism in the interpretation of the moral basis of public reason. We argue that in order to maintain the complementarity of both liberal and democratic values within the debate on public reason, the arguments from liberty and from civic friendship cannot be considered in isolation. With regard to the argument from liberty, we contend that because the idea of natural liberty is an indispensable starting point of liberal theory, no explanation of the justification of political (...) power can do without it. In particular, we focus on the requirement of reasonableness and show that we should retain the epistemic aspect of the reasonableness of persons. The main reason for this is to be found in the criterion of reciprocity which provides the deepest justification of the respect for people’s liberty – that is, the liberal aspect of liberal democracy. At the same time, however, we argue that reciprocity also provides the grounds for responding to the criticism that the essentially liberal approach fails to adequately take into consideration the role of political community. Because reciprocity may also be interpreted as being based on civic friendship, it provides the resources to respond to such criticism. It thus supplies the normative background also for the second, democratic pillar of public reason. We then critically examine the newly emerging approach built predominantly on the argument from civic friendship, arguing that by prioritising the civic friendship interpretation and, at times, tending to completely abandon the liberty-based one, it overlooks the indispensability of liberty-based considerations for the criterion of reciprocity. We conclude that in order to adequately capture the common liberal-democratic basis of public reason, both interpretations of reciprocity must be linked within a comprehensive account. (shrink)

According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that normatively efficacious consent is entirely mental. In previous work, I defended a version of the Behavioral View, according to which normatively efficacious ‘consent always requires public behavior, and this behavior must take the form of communication in the case of high-stakes consent’. In this essay, I respond to two arguments by (...) proponents of the Mental View. First, Larry Alexander, Heidi Hurd and Peter Westen have argued that my view has mistaken implications concerning the culpability of different actors. I counter that my version of the view does not have these implications, as it leaves us free to draw moral and legal distinctions between different offences involving non-consensual behavior. Second, Larry Alexander and Kimberly Ferzan have argued for an analogy between consent and abandonment: on the grounds that the normative power to abandon resides in one’s will, Alexander and Ferzan concludes consent does too. I counter that abandonment requires behavior, and call into question the assumption that the ethics of property have much to teach us about the ethics of sexual consent. (shrink)

The small school movement originated in the democratic ideology of Deborah Meier, who sought to create schools that gave students, parents, teachers, and all stakeholders in the communities they served a voice in education. In New York City, Meier's vision was implemented haphazardly by a group of business and political elites able to pour millions of dollars into an initiative without carefully considering the complex interests involved in creating new small schools. According to this author, this lack of forethought placed (...) students and parents at an even greater disadvantage than had existed previously. It was thought that the creation of small schools of choice would provide students, parents, and families the most appropriate education for their children, and that free market practices would create an environment of increased accountability and transparency, which would improve educational outcomes for all students. The author argues that these measures failed to improve educational equity and opportunities for students, and that they also placed students most in-need at an even greater disadvantage, thus hurting the very children these laws were created to help. She supports this argument using a critique of neoliberalism in the context of education as defined by Michael Apple, John Rawls's original position, and the application of Rawls's position in an educational context by Barry Bull. (shrink)

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...) law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

Ecological communities are seldom, if ever, biological individuals. They lack causal boundaries as the populations that constitute communities are not congruent and rarely have persistent functional roles regulating the communities’ higher-level properties. Instead we should represent ecological communities indexically, by identifying ecological communities via the network of weak causal interactions between populations that unfurl from a starting set of populations. This precisification of ecological communities helps identify how community properties remain invariant, and why they have robust characteristics. This respects the (...) diversity and aggregational nature of these complex systems while still vindicating them as units worthy of investigation. (shrink)