The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently being decided—sometimes through indecision—that greatly impact the future of today’s children. Past and current generations of adults have, arguably, mortgaged their children’s future, and this makes the question whether (some) children should be (...) granted the right to vote all the more pressing. Should (some) children be given the right to vote? Moreover, does the answer to this question depend on civic education, on whether children have been deliberately prepared for the exercise of that right? These are the questions that will occupy us in this article. Our answer to the first will be that older children—children roughly between 14 and 16 years of age1—ought to be given the right to vote. (shrink)

Many democratic theorists hold that when a decision is collectively made in the right kind of way, in accordance with the right procedure, it is permissible to enforce it. They deny that there are further requirements on the type of reasons that can permissibly be used to justify laws and policies. In this paper, I argue that democratic theorists are mistaken about this. So-called public reason requirements follow from commitments that most of them already hold. Drawing on the democratic ideal (...) of civic equality, I show that it can successfully explain why political decision-making must have the right sort of procedure-independent justification. However, contra standard accounts of public reason, I argue that laws and policies need to be justified with convergence accessible, not shared, reasons. Public reasons are those that are accessible in light of evaluative standards shared by all, or in light of every citizen’s private evaluative standards. Since this will make the set of public reasons wider, it makes the theory more palatable to sceptics while retaining the framework’s justificatory potential. (shrink)

It is a commonplace that there are limits to the ways we can permissibly treat people, even in the service of good ends. For example, we may not steal someone’s wallet, even if we plan to donate the contents to famine relief, or break a promise to help a colleague move, even if we encounter someone else on the way whose need is somewhat more urgent. In other words, we should observe certain constraints against mistreating people, where a constraint is (...) a moral principle that we should not violate, even when that is the only way to prevent further, similar violations or other, greater evils. But, despite its intuitive appeal, the view that there are constraints has drawn considerable criticism, and attempts to provide a rationale for constraints have been, at best, substantially incomplete. In this paper, I develop a novel rationale for constraints that fills important gaps left by views in the literature. The account helps make sense of constraints by identifying a morally significant relation that we bear to people when, and only when, we observe certain constraints against mistreating them. Put roughly, observing these constraints is a condition for being worthy of a form of trust that I call civic trust, and being worthy of such trust is an essential part of living with others in the sort of harmony that characterizes morally permissible interaction. By focusing, in ways other accounts do not, on the role that observing constraints plays in our psychological lives, this approach not only makes the structure of constraints more intelligible, but also helps us better appreciate the force of our reason to observe constraints, and better understand the kind of moral community to which we should aspire. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for the (...) institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

Few recent developments in information technology have been as hyped as blockchain, the first implementation of which was the cryptocurrency Bitcoin. Such hype furnishes ample reason to be skeptical about the promise of blockchain implementations, but I contend that there’s something to the hype. In particular, I think that certain blockchain implementations, in the right material, social, and political conditions, constitute excellent bases for common knowledge. As a case study, I focus on trust in election outcomes, where the ledger records (...) not financial transactions but vote tallies. I argue that blockchain implementations could foster warranted trust in vote tallies and thereby trust in the democratic process. Finally, I argue that if the promise of blockchain implementations as democratic infrastructure is to be realized, then democracies first need to ensure that these material, social, and political conditions obtain. (shrink)

The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate (...) authority in so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

Many interpreters argue that irrational acts of exchange can count as rational and civic-minded for Hegel—even though, admittedly, the persons who are exchanging their property are usually unaware of this fact. While I do not want to deny that property exchange can count as rational in terms of ‘mutual recognition’ as interpreters claim, this proposition raises an important question: What about the irrationality and arbitrariness that individuals as property owners and persons consciously enjoy? Are they mere vestiges of nature (...) in Hegel’s system, or do they constitute a simple yet valid form of freedom that is not only a part of Hegel’s rational system of right, but its necessary starting point? I will argue the latter: The arbitrary, purely egoist self-definition of property owners is the simplest possible type of freedom for Hegel, which he dissects in order to show how the very arbitrary self-definition implicitly relies on an identity between persons, and hence foreshadows the more social forms of freedom Hegel will discuss later in his book. I make this argument by highlighting Hegel’s references to his discussion of atoms and freedom in his Logic of Being. (shrink)

In an era defined by events that continuously shake Fukuyama’s thesis according to which liberal democracy constitutes the end of History, there is need for a democratic ideal that puts the role of civic action at the heart of its justification. In this article, I argue that John Dewey’s democratic ideal understood as a matter of civic co-creation, where democratic pursuits are continually redefined by citizens through solving communal problems - not set by history, once and for all (...) - provides a valuable response to this need. To this end, this article reconsiders Deweyan democracy by:(1) presenting it as a transformational process, in opposition to liberal democracy; (2) discussing Dewey’s conception of active citizenship as requiring more than mere political participation; (3) articulating Dewey’s democratic ideal as a form of applied social intelligence; (4) making explicit the pedagogical consequences of Deweyan democracy; and (5) interpreting it as a form of peaceful conflict resolution aiming at balance in inter-personal relationships. (shrink)

In this article, I develop a conception of multiculturalism that is compatible with Mill's liberal framework. I argue, drawing from Mill's conception of the nation-state, that he would expect cultural minorities to assimilate fully into the political sphere of the dominant culture, but to assimilate only minimally, if at all, into the cultural sphere. I also argue that while Mill cannot permit cultural accommodations in the form of self-government rights, he would allow for certain accommodation rights which assist (...) cultural minorities in preserving their cultural particularity. While this is indeed a modest multiculturalism, it helps to demonstrate that Mill was not as hostile towards custom or minority groups as certain passages may appear to suggest. (shrink)

This paper identifies and synthetically demonstrates the most important steps and changes in the evolution of the idea and institution of citizenship in Europe over more than two thousand years. Citizenship is one of the essential categories defining human status. From a historical perspective, the idea of citizenship in Europe is in a state of constant evolution. Therefore, the essence of the institution of citizenship and its acquisition criteria are continually being transformed. Today’s comprehension of citizenship is different from understanding (...) citizenship in Europe in earlier epochs of history. In some of them, the concept of citizenship existed only in the realm of ideas. In others, the idea materialised, and membership in the state (or city) and civic rights and obligations found a formal, legal expression. The formation of the idea and institution of citizenship is a long and multi-phase process. Published in "Studia Europejskie – Studies in European Affairs", Vol. 25, 1/2021, pp. 7-31. (shrink)

ABSTRACT It is fruitless to interpret Constant's modern liberty from the binary perspective of either the negative/positive freedom opposition or the liberal/republican freedom opposition. Both oppositional perspectives reduce the relationally complex nature of modern liberty to one or another component of the relation. Such reduction inevitably results in an incomplete and, therefore, inadequate interpretation of Constant's modern liberty. Consequently, either of these binary frames of interpretation obscures rather than illuminates the full nature of Constant's modern liberty. Boxed into their irreconcilably (...) opposed alternatives, both binary perspectives fail to appreciate that Constant's conception of modern liberty is a complex achievement irreducible without loss to either liberal negative liberty as non-interference or republican freedom as non-domination. Nor does combining liberal negative freedom and positive freedom (in the sense of ancient liberty), as Holmes well establishes, adequately tells the whole story of Constant's modern liberty. As a complex achievement, Constant's conception of modern liberty, I shall argue, blends negative freedom as associated with neo-Roman republican freedom as non-subjection to arbitrary power, negative freedom as non-interference, associated with the liberal tradition, positive freedom in the sense of inner self-development, and positive freedom as collective self-government or civic republican freedom. (shrink)

This study aims to detect the starting point of the crises that happened in Education and Culture by the philosophical analysis which Hannah Arendt (1906 - 1975) had discussed. In Arendt's account, we can understand the genesis of the crisis as a pre-strategy to fix it. In fact, thinking is the fundamental solution to these crises and to renew our common world. Prosperity in society is related genuinely to education and culture. Regarding human capability for development, education is considered an (...) inalienable civic right which is imposed on society insofar as seeking growth. This study seeks to discover failure in these two spheres. Methods: This study relies on three methodologies; the analytical method used for discussing Arendts' terms, the historical method to explain the development of each term, and the critic method to determine the reasons behind these crises. Conclusions: The results illustrated there is a serious relation between misunderstanding the concepts of education and learning and the emptiness of their aims. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I (...) examine the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

The problem of self-governing of a community (more precisely, the involvement of its members in collective actions directed towards achieving a common goal) is extremely important. In our opinion, it is necessary to give honest answers to the following questions: (a) What are the constituents of collective actions meant to help obtaining public goods and how should they be determined? (b) How useful, rational and legitimate are civic actions (in general) and the measures of self-government of a community (in (...) particular)? (c) What are the resources, rights and duties in a self-governing community? (d) What parts can professional communicators play, in order to stimulate their fellow citizens’ participation in the art of self-governing? Civic participation in realizing the common good has several aspects, starting with voting participation and ending with the community’s self-mobilization. Professional communicators (in this case, public relations specialists) may contribute to building a self-governing society by playing six parts: the town crier, the steward, the traffic manager, the conductor, the creator and the facilitator. (shrink)

Citizenship is the right to be a citizen of a social, political, or national community. Aristotle was the philosopher who has been talking about citizenship since ancient times. His thoughts are still historical lessons for the operation of states today. In this article, the author focuses on analyzing basic thoughts on Aristotle's citizenship; which are shown in essential points such as (i) Citizenship is clearly shown in the role of the State, (ii) Right to education, (iii) The right to participate (...) in political affairs, (iv) Citizenship is associated with civic obligations. Thereby, the article draws its historical lesson for the current building of law-governed State in Vietnam in the following aspects: (i) Building a solid-state apparatus with a coherent and unified legal system; (ii) All the State's policies must originate from the Vietnamese practice, ensure the people's mastery and protect the people's legitimate interests; (iii) Consolidating and strengthening the relationship between the State and the people. (shrink)

Critics of commercial societies complain that the free-market system of property rights and freedom of contract tends to commodify relationships, thus eroding the bonds of personal and civic friendship. I argue that this thesis rests on a misunderstanding of both markets and friendship. As voluntary, reciprocal relationships, market relationships and friendship share important properties. Like all relations and activities that exercise important human capacities and play an important role in a meaningful life, market relations and activities are essentially (...) structured and supported by ethical norms and, in turn, support these norms. The so-called norms of the market, such as instrumentality and fungibility, come in varying degrees and characterize not only market, but also nonmarket, relationships, including friendship. Furthermore, although market relationships are primarily instrumental, the individuals involved are not. The virtues of markets have their counterparts in friendship, as do their vices. For these and other reasons, market societies are not only not inimical to friendship, they create a more secure matrix for civic and personal friendship, as well as for other important values such as art, science, or philosophy, than any other developed form of society. Key Words: commercial societies • friendship • moral norms • virtues • vices. (shrink)

This paper summarizes the evolution of analytic philosophy in Taiwan, examines its impact within and beyond academia, and discusses the future of the discipline. The roots of modern philosophy in Taiwan can be traced back to the Japanese colonial era, and analytic philosophy was introduced to the country in the late 1940s when many intellectuals in China moved to Taiwan. However, massive curbs were imposed on philosophy during Chiang Kai-shek’s dictatorship, and the discipline began to thrive again only after Taiwan’s (...) democratization in the late 1980s. Nonetheless, since its introduction in the colonial era, modern philosophy has made significant contributions in Taiwan, encouraging interdisciplinary engagements, advancing civic education, and promoting the spirit of democracy and political liberation. Philosophy has played a key role in Taiwan’s remarkable transformation from an island colonized for hundreds of years to a country that recognizes democracy, freedom, and human rights. The themes of anti-colonialism and anti-domination seen in the works of modern Taiwanese philosophers not only reflect the discipline’s political and historical underpinnings but also signal how Taiwanese philosophy can acquire a distinct identity despite being influenced by many other philosophical traditions. While still at a nascent stage, Taiwanese philosophy has the potential to join forces with other philosophical traditions in advancing the vision of decolonizing philosophy. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, (...) it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

This paper summarizes the evolution of analytic philosophy in Taiwan, examines its impact within and beyond academia, and discusses the future of the discipline. The roots of modern philosophy in Taiwan can be traced back to the Japanese colonial era, and analytic philosophy was introduced to the country in the late 1940s when many intellectuals in China moved to Taiwan. However, massive curbs were imposed on philosophy during Chiang Kai-shek’s dictatorship, and the discipline began to thrive again only after Taiwan’s (...) democratization in the late 1980s. Nonetheless, since its introduction in the colonial era, modern philosophy has made significant contributions in Taiwan, encouraging interdisciplinary engagements, advancing civic education, and promoting the spirit of democracy and political liberation. Philosophy has played a key role in Taiwan’s remarkable transformation from an island colonized for hundreds of years to a country that recognizes democracy, freedom, and human rights. The themes of anti-colonialism and anti-domination seen in the works of modern Taiwanese philosophers not only reflect the discipline’s political and historical underpinnings but also signal how Taiwanese philosophy can acquire a distinct identity, despite being influenced by many other philosophical traditions. While still at a nascent stage, Taiwanese philosophy has the potential to join forces with other philosophical traditions in advancing the vision of decolonizing philosophy. (shrink)

Democracy is the central political issue of our age, yet debates over its nature and goals rarely engage with feminist concerns. Now that women have the right to vote, they are thought to present no special problems of their own. But despite the seemingly gender-neutral categories of individual or citizen, democratic theory and practice continues to privilege the male. This book reconsiders dominant strands in democratic thinking - focusing on liberal democracy, participatory democracy, and twentieth century versions of civic (...) republicanism - and approaches these from a feminist perspective. Anne Phillips explores the under-representation of women in politics, the crucial relationship between public and private spheres, and the lessons of the contemporary women's movement as an experience in participatory democracy. (shrink)

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

Introduction. The development of legal culture and a culture of human rights in the modern world through media technologies, is acquiring special significance in connection with the processes of globalization and the spread of media in recent decades. The purpose of the article is to study the prospects for the use of media education in the formation of the legal social culture and a culture of human rights. Materials and methods. Based on a study of domestic and foreign (...) sources, issues of media education, media literacy, spiritual and moral education, the legal culture of society, the phenomenon of post-truth and ways of forming critical, creative thinking are considered. The use of general scientific, philosophical, and socio-pedagogical methods has made it possible to study media education as a dialogue of learning, stimulating the development of rational, critical thinking, focused on the search for the value foundations of intellectual and social activity. Results. The development of the field of information and communication technologies determines the principles for the formation of the content and orientation of modern education. Media education is interlinked with the development of democracy and human rights. It influences the formation of a culture of citizen participation, their active social position, civic and political culture. Media education plays a significant role in shaping the legal culture of society since critical media research and information research focuses on the analysis of power structures and structures of dominance in the media. A study of the interpretations of the concepts of "media education" and "media literacy" made it possible to show that media education focuses a person on a critical approach to media content. One of the main issues of media education is teaching a person the skills to critically study media and media technologies, which involves addressing the technological, cultural and historical specifics of specific media used at a specific time and place. Information and communication technologies have changed the way of life, work, communication, and ways of selfpresentation, the formation of values, participation in socially significant events. Therefore, a critical approach to mass media should be based on knowledge of socio-philosophical theories, ethics and research in the field of mass media. Discussion. Mass media are constructing a history of human rights, which updates the topic of the media policy of human rights, combining socio-legal, cultural and media theories. Education in the field of acquiring information perception skills, the ability to correctly understand the importance of audiovisual images, to competently handle and navigate information flows are necessary for the life of a modern person in society. (shrink)

It is known that in connection with proposed educational reforms in the German states around 1800, Johann Gottliebe Fichte, following the Enlightenment concepts, developed a program, which considered education as an indispensable human right. In this program, the idea of providing all the citizens with the opportunity to get an education has been formulated as a social task and a condition of social and political modernization. In accordance with Fichte’s thought, over the cultivation of individuals, a new morality, and then, (...) on that basis, a new civic subject had to shape itself. The science thenceforth should have obtained a function of organizing a new society, in Fichte’s vision of it, instead of theology having previously played that role, while the public education system should have mediated the application of the scientific principles of organizing the society and thus to become a driving force in this development process. The generally accessible education and science were conceived by Fichte as autonomous moments of social organization, being the area intact by any immediate influence of authorities and based on the principles of individuals’ free communication. Fichte’s theorem of intersubjectivity has introduced an understanding of teaching as a social and communicative process into the ethical and political, as well as into the educational thought. It was not limited to reproduction of predetermined skills by the subject, but took into account the subject’s formation in the course of actively perception of educational contents and the change of the subject himself taking place by that. Имея в виду произошедшие около 1800 г. в немецких государствах реформы образовательных учреждений, И. Г. Фихте в направлении развития соответствующих просветительских концептов предложил программу, в которой образование обосновывалось в качестве неотъемлемого права человека. В этой программе идея предоставить всем гражданам возможность получения образования была сформулирована как общественная задача и условие социально-политической модернизации. По мысли Фихте, посредством культурного развития индивидов должна была сформироваться новая нравственность и на этой основе — новый гражданский субъект. Функцию обоснования организации нового общества, как оно виделось Фихте, вместо прежде игравшей эту роль теологии отныне должна была получить наука, а общественное образование должно было стать посредником в применении научных принципов формирования общества и тем самым одновременно движущей силой процесса общественного развития. Общедоступное образование и наука мыслились Фихте в качестве автономных моментов организации общества, областей, неподверженных непосредственному влиянию власть предержащих и основанных на принципах свободной коммуникации индивидов. Фихтевская теорема интерсубъективности ввела в этико-политическую и педагогическую мысль понимание обучения как социально-коммуникативного процесса, не ограничивающегося воспроизведением субъектом предзаданных навыков, но имеющего в виду его образование в ходе активного восприятия учебного материала и осуществляющееся при этом изменение самого субъекта. (shrink)

Catholic integralism is a tradition of thought which insists upon the ideal nature of political arrangements on which the Church can mandate the State to advance the supernatural good of the baptized. Thomas Pink, one of the foremost defenders, has proposed controversially that these arrangements are ideal because the Church possesses rights to civil coercive authority. But I argue this fact would not entail – by itself – the ideal nature of those arrangements. To the contrary, I argue that (...) integralism is unjust, even assuming Pink’s claims are true. The integralist ideal necessarily involves violating moral duties toward unbaptized citizens. Integralism does so in imposing differential civic burdens upon baptized/unbaptized citizens and in implying that non-Catholics might be rightly excluded from power merely on account of religious beliefs, both without just cause. I conclude by showing that readings of the relevant Catholic teaching can be given which are non-integralist. (shrink)

Environmental virtue ethics (EVE) can be applied to environmental justice. Environmental justice refers to the concern that many poor and nonwhite communities bear a disproportionate burden of risk of exposure to environmental hazards compared to white and/or economically higher-class communities. The most common applied ethical response to this concern—that is, to environmental injustice—is the call for an expanded application of human rights, such as requirements for clean air and water. The virtue-oriented approach can be made consistent with such calls, (...) but there are broader applications as well that generate unique strategies for moral responsiveness and for expanding the role of moral philosophers in civic affairs. (shrink)

The Constitution is the highest law of the country, while international law is a field of law that deals with the rights and obligations between countries. The essence of international community is of decentralized nature, in which the legal order is formed according to the principle of sovereign equality. However, there are many perspectives that approach the international community and international law from a universalistic and idealistic viewpoint. In other words, if the positivist and pseudo-oriented view of international law (...) is the reality of international community and international law, the universalist or idealist perception of international law can be said to be their goals. It is true that those two perspectives on international community and international law are neither omnicient nor all-perceiving, but complexly intertwined. The Constitution and international law, which can be considered the two axes of public law, are closely interrelated to the formation of a modern absolute state and civic democracy. The absoluteness of state power and civic democracy are doomed to fate our present and our future. This is not only such fundamental political order, but it also has become a foundation for the development of modern and contemporary order of law. And the two dimensions of order, politics and law, are developing in a dialectical manner. Under this background, this paper aims to provide a harmonious view sprucing up the reality of public law that penetrates both of the international and domestic society within a large framework. It is for research purpose and needs an effort of work by reviewing and analyzing the essence, commonalities, and differences among various adjacent concepts of the Constitution and international law discourse. This paper first begins with a discussion by presenting the historical development of existing hard legal system that penetrates the Constitution and international law through their realistic framework. Furthermore, we look at the softness of international law, conceptual discourse on the international law and world law, international constitutionalism and constitutional theory, and a compendium of world administrative law. We look at the background for the development of these commentaries, the main topics of discussion, and their commonalities or differences. Finally we briefly diagnose and place the future of new sermons that needs to be adduced due to changes in the international community. (shrink)

A crucial socio-political challenge for our age is how to rede!ne or extend group membership in such a way that it adequately responds to phenomena related to globalization like the prevalence of migration, the transformation of family and social networks, and changes in the position of the nation state. Two centuries ago Immanuel Kant assumed that international connectedness between humans would inevitably lead to the realization of world citizen rights. Nonetheless, globalization does not just foster cosmopolitanism but simultaneously yields (...) the development of new group boundaries. Group membership is indeed a fundamental issue in political processes, for: “the primary good that we distribute to one another is membership in some human community” – it is within the political community that power is being shared and, if possible, held back from non-members. In sum, it is appropriate to consider group membership a fundamental ingredient of politics and political theory. How group boundaries are drawn is then of only secondary importance. Indeed, Schmitt famously declared that “[e]very religious, moral, economic, ethical, or other antithesis transforms into a political one if it is suffciently strong to group human beings e#ectively according to friend and enemy”. Even though Schmitt’s idea of politics as being constituted by such antithetical groupings is debatable, it is plausible to consider politics among other things as a way of handling intergroup di#erences. Obviously, some of the group-constituting factors are more easily discernable from one’s appearance than others, like race, ethnicity, or gender. As a result, factors like skin color or sexual orientation sometimes carry much political weight even though individuals would rather con!ne these to their private lives and individual identity. Given the potential tension between the political reality of particular groupmembership defnitions and the – individual and political – struggles against those definitions and corresponding attitudes, citizenship and civic behavior becomes a complex issue. As Kymlicka points out, it implies for citizens an additional obligation to non-discrimination regarding those groups: “[t]his extension of non-discrimination from government to civil society is not just a shift in the scale of liberal norms, it also involves a radical extension in the obligations of liberal citizenship”. Unfortunately, empirical research suggests that political intolerance towards other groups “may be the more natural and ‘easy’ position to hold”. Indeed, since development of a virtue of civility or decency regarding other groups is not easy, as it often runs against deeply engrained stereotypes and prejudices, political care for matters like education is justified. Separate schools, for example, may erode children’s motivation to act as citizens, erode their capacity for it and!nally diminish their opportunities to experience transcending their particular group membership and behave as decent citizens. This chapter outlines a possible explanation for such consequences. That explanation will be found to be interdisciplinary in nature, combining insights from political theory and cognitive neuroscience. In doing so, it does not focus on collective action, even though that is a usual focus for political studies. For example, results pertaining to collective political action have demonstrated that the relation between attitudes and overt voting behavior or political participation is not as direct and strong as was hoped for. Several conditions, including the individual’s experiences, self-interest, and relevant social norms, turned out to interfere in the link between his or her attitude and behavior. Important as collective action is, this chapter is concerned with direct interaction between agents and the in$uence of group membership on such interaction – in particular joint action. Although politics does include many forms of action that require no such physical interaction, such physical interaction between individuals remains fundamental to politics – this is the reason why separate schooling may eventually undermine the citizenship of its isolated pupils. This chapter will focus on joint action, de!ned as: “any form of social interaction whereby two or more individuals coordinate their actions in space and time to bring about a change in the environment”. Cognitive neuroscienti!c evidence demonstrates that for such joint action to succeed, the agents have to integrate the actions and expected actions of the other person in their own action plans at several levels of speci!city. Although neuroscienti!c research is necessarily limited to simple forms of action, this concurs with a philosophical analysis of joint action, which I will discuss below. (shrink)

In this chapter we focus on the debate over publicly-maintained racist monuments as it manifests in the mid-2010s Anglosphere, primarily in the US (chiefly regarding the over 700 monuments devoted to the Confederacy), but to some degree also in Britain and Commonwealth countries, especially South Africa (chiefly regarding monuments devoted to figures and events associated with colonialism and apartheid). After pointing to some representative examples of racist monuments, we discuss ways a monument can be thought racist, and neutrally categorize removalist (...) and preservationist arguments heard in the monument debate. We suggest that both extremist and moderate removalist goals are likely to be self-defeating, and that when concerns of civic sustainability are put on moral par with those of fairness and justice, something like a Mandela-era preservationist policy is best: one which removes the most offensive of the minor racist monuments, but which focuses on closing the monumentary gap between peoples and reframing existing racist monuments. (shrink)

Being adorned with virtues is one of the most important fundamental issues in the field of Farabi's philosophy, especially in his civil and political thought. The most important of these virtues is the virtue of political socialization. Sociability or socialization means the conformity of a person with group and social values, norms and attitudes, in this way a person first gets to know the ways of collective life and acceptance of others. One of the sub-branches of socialization is its political (...) type, i.e. political socialization, which deals with the relationship between the government and the people for the transfer of political culture from one generation to another in the form of political standards and norms to direct the intellectual path of the individual and the society under the government. In Farabi's philosophy, socialization is a virtue in which a person is educated for his duties, rights and roles, including his political role in society. In this essay, an attempt has been made to describe the purpose of political socialization and political socialization education in Farabi's philosophy with a descriptive-analytical method. The purpose of teaching political socialization; To make people aware of politics and the importance of its vital role in the world and in their country, in such a way that they pay attention to it, and by gaining insight into the proper political way, they strive to elevate their thoughts and in their political actions as well. He should behave in a way that brings the greatest good to himself and the people of the country, this method creates conditions for the continuation of political life and value system, creating justice, forming a utopia, teaching rational principles, actions and moral properties in the direction of progress towards perfection in relation to It becomes happiness. As a result, it should be said that; One of the prerequisites for motivating the members of Madinah Fahleh to move towards happiness is to encourage them to learn their civic duties. (shrink)

Some of Dave Chappelle’s uses of storytelling about seemingly mundane events, like his experiences with his “white friend Chip” and the police, are examples of what W.E.B. Du Bois calls “Positive Propaganda.” This is in contrast to “Demagoguery,” the sort of propaganda described by Jason Stanley that obstructs empathic recognition of others, and undermines reasonable debate among citizens regarding policies that matter: the justice system, welfare, inequality, and race, for example. Some of Chappelle’s humor, especially in his most recent Netflix (...) specials, but also in his earlier standup performances and his series The Chappelle Show, is akin to art that appeals to emotion in the ways suggested by Du Bois in “Criteria of Negro Art” (1926). Beauty is essential to art, but, “I do not care a damn for any art that is not used for propaganda. But I do care when propaganda is confined to one side while the other is stripped and silent” (p. 22). The “one side” is that which appears to extoll American ideals, but in reality undermines them, perpetuating the subordinate status of “the other”--black citizens. Replace “beauty” with “humor” or “funny”, and we see striking parallels between Chappelle’s socio-political performances and Du Bois’ call for positive propaganda, each of which constitute “civic rhetoric” broadly construed. We no longer live in Du Bois’ America of explicit denial of rights. In many ways our situation is worse, as the mechanisms of exclusion are implicit, difficult to dislodge, because they are invisible. Chappelles’ humor draws attention to subtle undermining-propaganda in our liberal democracy, transforming it through his counter-propaganda into the spectacle that it should be; ubiquitous democracy-denying propaganda should be as obvious to whites as it is to minorities. In his words, we should all see that “that shit is fucking incredible” (Killin’ Them Softly). (shrink)

Being adorned with virtues is one of the most important fundamental issues in the field of Farabi's philosophy, especially in his civil and political thought. The most important of these virtues is the virtue of political socialization. Sociability or socialization means the conformity of a person with group and social values, norms and attitudes, in this way a person first gets to know the ways of collective life and acceptance of others. One of the sub-branches of socialization is its political (...) type, i.e. political socialization, which deals with the relationship between the government and the people for the transfer of political culture from one generation to another in the form of political standards and norms to direct the intellectual path of the individual and the society under the government. In Farabi's philosophy, socialization is a virtue in which a person is educated for his duties, rights and roles, including his political role in society. In this essay, an attempt has been made to describe the purpose of political socialization and political socialization education in Farabi's philosophy with a descriptive-analytical method. The purpose of teaching political socialization; To make people aware of politics and the importance of its vital role in the world and in their country, in such a way that they pay attention to it, and by gaining insight into the proper political way, they strive to elevate their thoughts and in their political actions as well. He should behave in a way that brings the greatest good to himself and the people of the country, this method creates conditions for the continuation of political life and value system, creating justice, forming a utopia, teaching rational principles, actions and moral properties in the direction of progress towards perfection in relation to It becomes happiness. As a result, it should be said that; One of the prerequisites for motivating the members of Madinah Fahleh to move towards happiness is to encourage them to learn their civic duties. (shrink)

For some time now we have noticed an increasing scepticism regarding the effectiveness of democracy, and its ability to represent citizens through elections. Elections are the central mechanism of political decision taking. However, there is a clear tendency to exploit electo­ rial processes by populist politicians. The ancient ideal of paideia was to educate citizens by following a civic program. Its aim was to enable the citizen to exercise the civil rights and duties. Since the 1970s, however, we (...) had observed two contrasting tendencies: a growth of individualization, and a ecrease of the level of civic education. In the 1990s populist politi­ cal parties entered the political scene of European democracies, some of which have man­ aged to establish a mob rule or ochlocracy (ὀχλοκρατία). Since then, ochlocratic parties have systematically intended to win the votes of politically less educated citizens by offering them a simplified political discourse. In fact, these parties have managed to neutralize the two­party system in many European countries. Thus they managed to block majority­based governments, forcing parties to form coalitions with ideologically opposing smaller parties. This has created a situation in which the “punishment vote” becomes the mean to gain the votes of undecided people who may be characterized as rebels without political culture. (shrink)

In the present chapter I try to determine to what extent the public policies adopted by Romanian governments following the fall of the communist regime contributed to alleviating the most egregious past injustice, the Holocaust. The measures taken for memorializing the Holocaust will be analysed through the lens of a mixed reparatory justice – relational egalitarian account. Employing such a framework entails a focus on symbolic reparations, meant to promote civic trust, social solidarity, and encourage the restoration of social (...) and cultural capital in societies affected by historical injustices. Such symbolic reparations can include public atonement, changing street names, establishing memorials, funding museums, including Holocaust study in the national curriculum, setting national days for the commemoration of the Holocaust, etc. The need for symbolic reparation has become increasingly clearer in the literature on Holocaust memorialization, and the present paper intends to go a step further, by providing researchers with a theoretical approach that can be used to make better sense of the effects of measures taken as part of the process of Holocaust remembrance. In the chapter I also address the issue of determining who the duty-bearers should be. I argue that there could be several indicators for reparatory justice, including in this case compensation programs and the establishment of institutions that would allow dialogue between descendants of the victims and descendants of the perpetrators, a sine qua non condition for restoring social trust in communities marked by violations of human rights, especially of such a scale as the Holocaust. (shrink)

We live at a time when many aspects of our educational culture are declared to be in crisis. Increasingly, the STEM movement dominates initiatives at the same time that there is less agreement about what constitutes a Humanities or liberal arts education. Relatively broad consensus indicates that it should make students somehow “better”. Within the field of pre-college normative ethics surveys, a survey of textbooks shows that most agree on what a course like this should look like. In evaluating the (...) effects of an ethics curriculum, however, most show diffidence to claim moral transformation in their students. At least part of this problem seems to stem from mainstream philosophy’s longtime bias against and misunderstanding of emotions. A closer look at emotions and how they might be educated offers a very different picture how a successful ethics curriculum could look. A typical ethics curriculum of any level presumes that a course neutral in regards to which, if any, of the normative ethical theories covered is true. However, any such course begins with a host of implied values that might not necessarily be shared with the students. If it’s the case, as contemporary moral psychology suggests that at the very least, our rational minds inform our behavior and moral judgments far less than we might have thought, then a course in normative ethics needs to engage emotions far more effectively. Martha Nussbaum’s recent work Political Emotions suggests some important ways that desirable emotions like civic love and undesirable emotions like disgust might relate to a curriculum. With the right approach, perhaps we can begin to claim that a moral philosophy course might make someone more moral. (shrink)

Recent arguments trying to justify further free speech restrictions by appealing to harms that are allegedly serious enough to warrant such restrictions regularly fail to provide sufficient empirical evidence and normative argument. This is also true for the attempt made by Bonotti and Seglow. They offer no valid argument for their claim that it is wrong to direct “religiously offensive speech” at “unjustly disadvantaged” minorities (thereby allegedly undermining their “self-respect”), nor for their further claim that this is not the case (...) when such speech is directed at “established majorities.” Moreover, their account has either counter-intuitive moral implications or succumbs to logical or pragmatic incoherence. Thus, they have not adduced convincing reasons to further restrict speech. In fact, some of the reasons for this failure provide, in turn, positive reasons in support of free speech. Two important (not new, but newly confirmed) reasons are that restricting free speech undermines both equal civic standing as well as fact-guided (as opposed to blindly ideological) policies. Free speech, in contrast, is indispensable for both. (shrink)

Current events force upon Americans not only the duties of a citizen of a nation at war but also the conceptual challenge of understanding the nature of citizenship. In Aristotle and the Rediscovery of Citizenship Susan Collins argues that contemporary liberal political theory, based on presuppositions about the priority of the individual to the state, is incapable of responding to such an intellectual challenge. At least since the publication of John Rawls’ Political Liberalism (1993), contemporary liberal political theory has struggled (...) to articulate an account of liberal citizenship which captures the obligations inherent in citizenship consistent with the individual freedom inherent in liberalism. But Collins argues that it is only through a return to Aristotle, who does not share liberal presuppositions, that we can understand the limitations of the liberal notion of citizenship adequately. To understand two crucial issues—the relationship of the right to the good and the nature of civic education—Collins claims we “must begin from Aristotle’s treatment of law and the education to moral virtue in his Nicomachean Ethics. This treatment opens the way to his direct investigation of the meaning and limits of citizenship in the Politics” (3). (shrink)

According to Philip Pettit, we should understand republican liberty, freedom as ‘non-domination,’ as a ‘supreme political value.’ It is its commitment to freedom as non-domination, Pettit claims, that distinguishes republicanism from various forms of liberal egalitarianism, including the political liberalism of John Rawls. I explain that Rawlsian political liberalism is committed to a form of non-domination, namely, a ‘political’ conception, which is: (a) limited in its scope to the ‘basic structure of society,’ and (b) ‘freestanding’ in nature (that is, compatible (...) with the ‘fact of reasonable pluralism’). I show that the political conception of non-domination is an integral part of political liberalism through an exploration of the kind of citizenship education that political liberalism mandates for all students. Such an education would impart to future citizen the skills and knowledge necessary for them to realize republican freedom vis-à-vis their political institutions, their workplaces, and, by means of an enforceable ‘right of exit,’ the various associations to which they might belong. (shrink)

Delmas successfully guides us to reconsider the traditional “wisdom” of civil disobedience. She also makes a strong case for expanding the notion of political obligation, which has been narrowly construed as mere obedience, to encompass a duty to resist. Principled disobedience, either civil or uncivil, includes a wide range of tools to tackle different forms of injustice, such as education campaigns, peaceful protests, graffiti street art, whistleblowing, vigilante self-defense, and political riots. We may question to what extent the violent disobedience (...) can be justified, as it is always good to be careful about violence that risks harming the innocent, but other forms of civil or uncivil disobedience may rightly be demanded in realistic circumstances. As I see it, these, along with the general warning to not unwittingly serve the status quo by dismissing social movements merely because of “incivility” and the proposal of the civic virtues of vigilance and open-mindedness, are significant contributions to the literature and could also benefit a politically interested general audience greatly. (shrink)

Citizens are politically autonomous insofar as they are subject to laws that are (a) justified by reasons acceptable to them and (b) authorized by them via their political institutions. An obstacle to the equal realization of political autonomy is the plurality of religious, moral, and philosophical views endorsed by citizens. Decisions regarding certain fundamental political issues (e.g., abortion) can involve citizens imposing political positions justified in terms of their respective worldviews upon others. Despite citizens’ disagreements over which worldview is correct, (...) ‘political liberalism’ claims that there is a form of political autonomy that is realizable within pluralist societies. (Political liberalism differs from ‘comprehensive liberalism’ by, inter alia, being ‘freestanding’ vis-à-vis citizens’ different worldviews.) Citizens can be politically autonomous if they enjoy equal political power and justify its exercise with ‘public reasons.’ A political liberal education would aim at ensuring that all students can become politically autonomous citizens by teaching them how to exercise their democratic rights effectively and how to engage in public reasoning. Some political and educational theorists, however, argue that teaching students how to be politically autonomous amounts to teaching them how to be ‘comprehensively’ autonomous. If this is so, then the distinction between political liberalism and comprehensive liberalism collapses, at least with respect to education. This chapter outlines the main elements of political liberalism, summarizes the main requirements of a political liberal citizenship education, and surveys three arguments in support of and against the thesis that a political liberal education amounts to an education for comprehensive autonomy. (shrink)

The central thesis defended here is that modernity can best be understood as a struggle between two main traditions of thought: the Radical or “True” Enlightenment celebrating the world and life as creative and promoting the freedom of people to control their own destinies, and the Moderate or “Fake” Enlightenment which developed to oppose the democratic republicanism and nature enthusiasm of the Radical Enlightenment. While the Radical Enlightenment has promoted democracy, the central concern of the Moderate Enlightenment has been to (...) promote “possessive individualism” and the control of nature and people by discovering their laws of behaviour. While it has on occasion promoted religious tolerance and freedom of expression, the greater concern of the Moderate Enlightenment has always been defence of property rights and the power of those with property. It is argued here that process philosophy is the highest development of the philosophy of the Radical Enlightenment and needs to be appreciated as such if the Radical Enlightenment is to be revived and process philosophy advanced. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

To demonstrate their appreciation for the inevitability of choice on the educational landscape, the authors acknowledge: the moral and legal right of parents to choose an education they think ‘best’ for their own child; the necessity of plural educational provision in a liberal democratic society; the legitimate concerns many parents have about the quality of education on offer; and even the (not occasional) success of copious educational alternatives, which may or may not foster innovation. So far so good. But a (...) number of difficulties quickly come into view. (shrink)

In the present study, we tested whether civic identity consisting of moral and political identity via the bifactor model of civic identity with the Stanford Civic Purpose dataset. Previous research in youth development proposed that civic identity consists of two closely related identity constructs, i.e., moral and political identity. Given the bifactor model in factor analysis assumes the presence of both the general and specific factors, we hypothesized that the bifactor model would better fit the data (...) than conventional alternative models. Thus, we compared the candidate models, including the bifactor model, with confirmatory factor analysis. To address the concern about the potential overfitting of the bifactor model, we additionally conducted cross-validation and measurement invariance tests across different gender groups and time points. The analysis results supported our hypothesis that the bifactor model better fitted the data. Both the cross-validation and measurement invariance test results suggested that the overfitting issue was not a significant concern. In the present study, we empirically demonstrated that the bifactor model of civic identity consisting of moral and political identity, which was supposed to be more consistent with the theoretical and conceptual framework of civic identity, better fitted the data than conventional alternative models. (shrink)

Public reason views hold that the exercise of political power must be acceptable to all reasonable citizens. A growing number of philosophers argue that this reasonable acceptability principle (RAP) can be justified by appealing to the value of civic friendship. They claim that a valuable form of political community can only be achieved among the citizens of pluralistic societies if they refrain from appealing to controversial ideals and values when justifying the exercise of political power to one another. This (...) paper argues against such accounts. In order to justify RAP, one must explain and defend a conception of reasonableness. Civic friendship is unfit to perform this task, rendering it unable to ground public reason alone. Meanwhile, pluralist views that combine civic friendship with other considerations in order to specify RAP either fail or make civic friendship a spare wheel in the argument for public reason. (shrink)

This article develops a civic republican approach to medical ethics. It outlines civic republican concerns about the domination that arises from subjection to an arbitrary power of interference, while suggesting republican remedies to such domination in healthcare. These include proposals for greater review, challenge and pre-authorisation of medical power. It extends this analysis by providing a civic republican account of assistive arbitrary power, showing how it can create similar problems within both formal and informal relationships of care, (...) and offering strategies for tackling it. Two important objections to civic republican medical ethics—that it overvalues independence and political participation in healthcare—are also considered and rebutted. (shrink)

This study investigated the effects of internal and demographic variables on civic development in late adolescence using the construct civic purpose. We conducted surveys on civic engagement with 480 high school seniors, and surveyed them again two years later. Using multivariate regression and linear mixed models, we tested the main effects of civic purpose dimensions (beyond-the-self motivation, future civic intention), ethnicity, and education on civic development from Time 1 to Time 2. Results showed that (...) while there is an overall decrease in civic engagement in the transition out of high school, both internal and social factors protected participants from steep civic decline. Interaction effects varied. Ethnicity and education interacted in different ways with the dimensions of civic purpose to predict change in traditional and expressive political engagement, and community service engagement. (shrink)

Scholars are divided on the relationship between cynicism and political life. In this chapter, I describe and endorse what I call 'institutional cynicism' and suggest it can feature within kinds of virtuous civic stances in democratic societies. I accept that some forms of cynicism can be as destructive and as anti-democratic as critics insist. Institutional cynicism, of the sort I describe, can actually make us better citizens. It turns our attention towards sub-optimal aspects of the political institutions of democratic (...) societies, teaching us things about those institutions we need to know, without necessarily leading us into fatalism or despair. (shrink)

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally relevant concerns can (...) be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)