In this paper I present an in-class game designed to simulate the dynamics of the state of nature. I first explain the mechanics of the game, and how to administer it in the classroom. Then I address how the game can help introduce students to a number of important topics in political philosophy. In broad terms, the game serves to generate discussion regarding to main questions. (1) How does civil society come about? (2) Is the state of nature (...) and the arrangement which arises from it fair? In so doing I suggest how the game can further student understanding of figures such as Aristotle, Hobbes, Locke, Hume, Rousseau, Marx, and Rawls. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

This paper explores the state of teacher training in philosophy graduate programs in the English-speaking world. Do philosophy graduate programs offer training regarding teaching? If so, what is the nature of the training that is offered? Who offers it? How valuable is it? We conclude that philosophers want more and better teaching training, and that collectively we know how to deliver and support it.

In this paper I tie together the reasoning used in the Consequence Argument with the intuitions that drive Frankfurt cases in a way that illuminates some of the underlying differences between compatibilists and incompatibilists. I begin by explaining the ‘basic mechanism’ at work in Frankfurt cases: the existence of sufficient conditions for an outcome that do not actually bring about that outcome. I suggest that other potential threats to free will, such as God’s foreknowledge, can be understood in terms of (...) this basic mechanism. I then turn to the Consequence argument, which concludes that determinism precludes free will, and I adopt the structure of this argument to create parallel ‘progeny’ arguments using the basic mechanism of Frankfurt cases. By thus forcing the Consequence argument and Frankfurt cases into such close proximity, we can see more clearly some of the crucial issues that separate incompatibilists and compatibilists. Doing so will illustrate that for determinism to be a threat to free will requires a particular conception of the laws of nature, one that is more specific and robust than suggested by the Consequence argument alone. I conclude by showing how these questions about laws of nature lead the free will debate towards the mind-body debate and questions about reductionism and supervenience. (shrink)

This paper presents data on the representation of women at 98 philosophy departments in the United States, which were ranked by the Philosophical Gourmet Report (PGR) in 2015 as well as all of those schools on which data from 2004 exist. The paper makes four points in providing an overview of the state of the field. First, all programs reveal a statistically significant increase in the percentage of women tenured/tenure-track faculty, since 2004. Second, out of the 98 US philosophy (...) departments selected for evaluation by Julie Van Camp in 2004, none in 2015 has 50% women philosophy faculty overall, while one has 50% women who are tenured/tenure track. Third, as of 2015, there is a clear pyramidal shape to the discipline: Women are better represented as Assistant than Associate and as Associate than Full professors. Fourth, women philosophy faculty, especially those who are tenured/tenure track, are better represented at Non-PGR ranked programs than at PGR ranked and PGR Top-20 programs in 2015. (shrink)

When a liberal-democratic state signs a treaty or wages a war, does its whole polity do those things? In this article, we approach this question via the recent social ontological literature on collective agency. We provide arguments that it does and that it does not. The arguments are presented via three considerations: the polity's control over what the state does; the polity's unity; and the influence of individual polity members. We suggest that the answer to our question differs (...) for different liberal-democratic states and depends on two underlying considerations: the amount of discretion held by the state's officeholders; the extent to which the democratic procedure is deliberative rather than aggregative. (shrink)

The concept of imperium is central to Spinoza's political philosophy. Imperium denotes authority to rule, or sovereignty. By extension, it also denotes the political order structured by that sovereignty, or in other words, the state. Spinoza argues that reason recommends that we live in a state, and indeed, humans are hardly ever outside a state. But what is the source and scope of the sovereignty under which we live? In some sense, it is linked to popular power, (...) but how precisely, and how is this popular grounding to be reconciled with the absolutist elements in Spinoza's texts? Against prominent liberal and radical democratic interpretations, I argue that Spinoza's insistence on linking imperium to the power of the people amounts to a normative attitude towards politics in which the formal features of a political system are less significant than the concrete everyday functioning of that system. Furthermore, I argue that its good functioning is importantly a product of an institutional order which does not simply defer to human individuality or to the primordial multitude, but instead, actively shapes them. While it may be worthwhile railing against monarchy and aristocracy and demanding liberal or radical democracy, the prior and more important challenge is to increase the robustness and resilience of the multitude within whatever form of state presents itself, through boring, meticulous, and incremental institutional design. For Spinoza, it is a robust and resilient political order that truly merits being called absolute. (shrink)

Should the state teach ethics? There is widespread disagreement on whether (and how) secular states should be in the business of promoting a particular moral viewpoint. This article attempts to schematize, and evaluate, these stances. It does so by posing three, simple questions: (1) Should the state explicitly promote certain ethical values over others? (2) Should the state have ultimate justifications for the values it promotes? (3) Should the state compel its citizens to accept these ultimate (...) justifications? Logically, each question in this series is a prerequisite for considering those questions further down the list. The result is that responses can be categorized into one of four possible permutations or ‘camps.’ These are: (1) The Libertarian (“No” to all three questions) (2) The Pluralist (“Yes” to question 1; “No” to questions 2 and 3) (3) The Rationalist Republican (“Yes” to questions 1 and 2; “No” to question 3) (4) The Rigorous Republican (“Yes” to all three questions) It will be shown that just one of these positions, the ‘rationalist republican,’ stands out from all the rest. For only the rationalist republican can account for a normative politics while also safeguarding the individual’s freedom of conscience. (shrink)

This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but (...) in the name of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State. (shrink)

Several conflict theorists have appropriated Hegel’s ‘struggle for recognition’ to highlight the healthy dimensions of conflict and to explore ways of reaching reconciliation through mutual recognition. In so doing, some scholars attend to the interpersonal dimension of reconciliation, while others focus on the interstate dimension of reconciliation. This paper argues that both approaches miss important Hegelian insights into the modern state. Hegel understands that freedom must be situated and bounded in order to take a concrete form. He believes that (...) concrete freedom and domestic reconciliation create an atmosphere that can pressure the state to be more confrontational with other states by attaining a stronger individuality. Thus, the common concern about freedom among Hegelian states remains a ‘thin’ version of communication, vulnerable to such factors as national honor or recognition status. Hegel’s challenge urges peace-inspired scholars to explore ways of achieving concrete freedom and domestic reconciliation while simultaneously relieving interstate conflict. (shrink)

Explores five fault lines in the fledgling field of responsibility theory, serious methodological disputes traceable to P.F. Strawson's "Freedom and Resentment.".

In this article, I make a philosophical case for the state to fund religious schools. Ultimately, I shall argue that the state has an obligation to fund and provide oversight of all schools irrespective of their religious or non-religious character. The education of children is in the public interest and therefore the state must assume its responsibility to its future citizens to ensure that they receive a quality education. Still, while both religious schools and the polity have (...) much to be gained from direct funding, I will show that parents and administrators of these schools may have reasons to be diffident toward the state and its hypothetical interference. While the focus of the paper is primarily on the American educational context, the philosophical questions related to state funding and oversight of religious schools transcend any one national context . (shrink)

My objective in this paper is to address a handful of issues that typically get raised in discussions of philosophical anarchism. Some of these issues arise in discussions among partisans of anarchism, and some are more likely to be raised in efforts to defend the state against its opponents. My hope is to focus the argument in such a way as to make clearer the main issues that are at stake from the point of view of at least one (...) version of philosophical anarchism. (shrink)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be (...) undermining the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

Developments in truthmaker semantics for the most part stay clear of the metaphysical issue of what sort of entities serve as the truthmakers and falsitymakers for sentences. It is assumed that perhaps facts or states of affairs (Fine, 2017a; Jago, 2020), with these taken sometimes as concrete particulars (Hawke, 2018) could serve for the job, but nonetheless that some such entities would do. In this paper I take a closer look at the issue of what entities could or could not (...) play the role of truthmakers and falsitymakers in standard truthmaker semantics (Fine, 2016, 2017a,b; Fine and Jago, 2019), based on desiderata imposed by metaphysical and semantic considerations. (shrink)

This article offers a critical overview of a set of normative theories, namely Tianxia 天下 (all-under-heaven), whose purpose is to provide a renewed conceptual framework for the improvement of the world system. First, the article introduces the origins, main features, and differences within Tianxia, before discussing two major criticisms leveled against it. The article then argues that the most powerful parts of these criticisms come from the challenges posed against Tianxia’s legitimacy. The article elaborates on this and introduces two additional (...) challenges of the same kind which were not discussed before. While the article leaves open the question of whether Tianxia is a realistic utopia, it insists that meaningful discussion of Tianxia must take legitimacy challenges seriously. It ends with a discussion concerning whether China can be understood as a civilization-state and how this understanding affects Tianxia’s reception as a realistic utopia. (shrink)

The separation of church and state isn’t the same as separating religion from politics. Countries that have enshrined secularism have found themselves discussing religious architecture, law and clothing.

Due to the innovative nature of the world economy and the continuity of scientific and technological progress, intellectualization becomes one of the world's leading trends. The article is aimed to evaluate the state of intellectualization of the national economy of Ukraine in the context of globalization. In the article the existing approaches are considered, which are used by international organizations and expert agencies to evaluate the intellectualization level of the countries around the world. The indicators of the state (...) of intellectualization, available in the publications of the State statistics service of Ukraine have been researched. The author's deductive description of the intellectualization state of the regions (on the basis of twenty four indicators) and of types of economic activity (three indicators) of the national economy has been presented. It has been determined, that in the today's circumstances, an increasing of intellectualization level of the Ukrainian economy could happen, on the one hand, by means of getting balanced the status of intellectualization of the regions, given their natural resource potential, the socio-economic situation and the international human resources movement. On the other hand, this can happen due to introduction of new forms of national economic policies for human resources development in the fields of IT-technologies, information services, sports, education, space industry, tourism. The scientific novelty and practical importance, as well as originality of the obtained results is represented by an elaborated methodological framework for evaluating the state of the intellectualization of the national economy plus a further projecting of mechanisms of intellectualization of Ukraine in the worldwide context. (shrink)

Many philosophers as well as psychologists hold that implicit biases are due to unconscious attitudes. The justification for this unconscious-claim seems to be an inference to the best explanation of the mismatch between explicit and implicit attitudes, which is characteristic for implicit biases. The unconscious-claim has recently come under attack based on its inconsistency with empirical data. Instead, Gawronski et al. (2006) analyze implicit biases based on the so-called Associative-Propositional Evaluation (APE) model, according to which implicit attitudes are phenomenally conscious (...) and accessible. The mismatch between the explicit and the implicit attitude is explained by the Cognitive Inconsistency Approach (CIA) (as I will call it): implicit attitudes are conscious but rejected as basis for explicit judgments because the latter lead to cognitive inconsistency with respect to other beliefs held by the subject. In this paper, I will argue that the CIA is problematic since it cannot account for the fact that implicit attitudes underlying implicit biases typically are unconscious. I will argue that a better explanation of the attitude-mismatch can be given in terms of a Neo-Freudian account of repression. I will develop such an account, and I will show how it can accommodate the merits of the APE model while avoiding the problems of the CIA. (shrink)

This chapter draws upon Michael Freeden’s morphological theory of ideology to examine diverse conceptions of the State within the anarchist tradition. Its principal aim in so doing is twofold: first, to determine how and to what extent these conceptions serve to distinguish anarchism from other libertarian ideologies, and second, to explore the role they play in the formulation of diverse anarchist tendencies. As I shall argue, the particular meaning and degree of relative significance that a given conception assigns to (...) the State depends on the internal arrangement of its ‘micro-components’ and/or on its relation to other concepts within the ideological morphology. Both of these factors must be taken into account in order to understand anarchism’s internal diversity as well as its distinctiveness among ideologies. (shrink)

Since the sharing economy is a rather new phenomenon, there is still no official definition of it in the legal framework of Croatia. The continuous development of sharing economy started a few years after the 1998 global and domestic economic crisis stroked Croatia. Namely, a total of eight platforms in the sectors of transportation, accommodation, finance, and online skills could be identified. The total market share of these platforms amounts to estimated market revenue of roughly 106 million EUR. When compared (...) to the other EU Member States, it could be noticed that Croatia falls within the group of countries with a below-average performance by a number of platforms per 1 million population, as well as in the level of revenues compared to national GDP. Figures that are more promising can be detected regarding the collaborative economy’s contribution to national employment, which positions Croatia within the EU average. Future studies should explain in greater depth how the sharing economy poses several new challenges for regulators in Croatia and countries across the EU. In particular, policymakers must comprehend the big picture and provide regulatory guidelines to manage the long-term changes in job markets, public safety, competition, and digital trust. (shrink)

This article argues that criminal law should not, in general, prevent the creation of artificially intelligent servants who achieve humanlike moral status, even though it may well be immoral to construct such beings. In defending this claim, a series of thought experiments intended to evoke clear intuitions is proposed, and presuppositions about any particular theory of criminalization or any particular moral theory are kept to a minimum.

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we (...) suggest that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology (...) further and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

Lạm dụng và bỏ bê trẻ еm đаng diễn rа phổ biến trên tоàn сầu. Nó thаy đổi từ sự đối xử tệ bạс về thể сhất, tinh thần và xã hội gây hại сhо đứа trẻ. Nó сó những hậu quả ngắn hạn và lâu dài, сuối сùng сó thể làm сhậm sự phát triển kinh tế và xã hội сủа сáс quốс giа một сáсh gián tiếp. Người tа ướс tính rằng сứ 5 phụ nữ và 1 trоng (...) số 13 nаm giới thì сó 1 người bị lạm dụng tình dụс trоng thời thơ ấu. Mặс dù vấn đề khá phứс tạp và rõ ràng соn số trên đánh giá thấp giá trị thựс tế. Phần lớn, đó là dо сấu trúс xã hội trоng сộng đồng bị phá vỡ. Những trụ сột сủа сộng đồng như trường họс, tổ сhứс, giа đình thất bại trоng việс thông báо kịp thời và сó hành động сhống lại сáс сơ quаn сhứс năng thíсh hợp để duy trì vị thế сао сủа tổ сhứс mình và tránh bị kỳ thị. Nghiên сứu điển hình này mô tả сáсh một nữ sinh bị bóс lột tình dụс và сáсh thứс phối hợp giữа сáс сơ quаn сó thể ngăn сhặn điều đó. (shrink)

The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, (...) Holmes, Vermeule and others have presented influential arguments for the claim that where the state is concerned the doing/allowing distinction has no moral significance, even if it does elsewhere. I show that these arguments can be resisted. In doing so, I defend some important distinctions and principles that help us understand the state’s role in protecting people from harm. (shrink)

Aristotle’s Politics is a study of the political institutions of the 4th C. Mediterranean world, including both Greek communities (like Athens and Sparta) and non-Greek communities (like Persia and Carthage). The work is foundational for a number of modern scholarly disciplines such as political science, political theory, ancient history, and ancient philosophy; thus, the work annually is the subject of a robust number of scholarly studies (on average, about four monographs and 25 journal articles and book chapters per year). This (...) chapter reviews scholarship on the Politics, focusing on work produced since 2010. The chapter first reviews general introductions, editions, and interpretative strategies for understanding the Politics. It then reviews major subsections or conceptual issues within the Politics. The chapter concludes with a review of major trends in scholarship and suggestions for future scholarly directions in understanding Aristotle’s Politics. (shrink)

Foucault's governmentality lectures at the Collège de France analyze the history of the state through the lens of governmental reason. However, these lectures largely omit consideration of the relationship between discipline and the state, prioritizing instead raison d'État and liberalism as dominant state technologies. To remedy this omission, I turn to Foucault's early studies of discipline and argue that they provide materials for the reconstruction of a genealogy of the "disciplinary state." In reconstructing this genealogy, I (...) demonstrate that the disciplinary state marks the "dark side" of the liberal state, a dark side which is, moreover, largely obscured in the governmentality lectures. I further construe the difference between this early genealogy of the state and the later governmental studies in methodological terms. At stake in this difference is the historiographic status of capitalism and social conflict. Foucault's governmentality lectures employ what I term an "idealist disavowal," thereby treating capitalism and social conflict as irrelevant to the history of the state. The early disciplinary studies, on the other hand, enact a "materialist avowal," by which these objects are avowed as central to the explanation of how and why the state develops. Finally, I argue that Foucault's governmental genealogy of the liberal state is explanatorily and analytically incomplete, while the genealogy of the disciplinary state contributes to its completion on both fronts. (shrink)

How did the Stoics conceive of a polis and statehood? What happens when these ideas meet different biographies and changing historical environments? To answer these questions, 'The Stoics and the State' combines close philological reading of original source texts and fine-grained conceptual analysis with wide-ranging contextualisation, which is both thematic and diachronic. A systematic account elucidates extant definitions, aspects of statehood (territory, institutions, population and state objectives) and the constitutive function of the common law. The book’s diachronic part (...) investigates how Stoics from Zeno to Marcus Aurelius used their theory of the state to assess particular states, explain the origin of political communities and shape their own political practice. A glimpse at modern adaptations from Justus Lipsius to Martha C. Nussbaum explains the peculiarities of Stoic notions and their basis in a conception of human nature as not only political but essentially sociable and beneficent. (shrink)

This chapter takes a longitudinal approach to the survey of intelligence research published in Australia, or by Australian authors overseas, in the decade 2007–2017, analyses it, and compares these findings with trends overseas. It then undertakes a quantitative and qualitative survey of intelligence education programs at Australian and Western tertiary institutions in order to show how Australia fares in an international context. It concludes by offering some suggestions on the way ahead for Intelligence Studies in Australia.

This article surveys the state of the literature on Hume’s epistemology, focusing on treatments of what has come to be known as the ‘Kemp Smith problem’, that is, the problem of reconciling Hume’s scepticism with his naturalism. It first surveys the literature on this issue with regard to the Treatise, moving on to briefly compare the Treatise and the Enquiry in virtue of their epistemological frameworks, before finally examining the literature with regard to the first Enquiry.

Although many libertarians share similar moral foundations, they disagree about whether the state can be justified. The most famous libertarian attempt to justify the state is that of Robert Nozick. This attempt has been criticized by, among others, the libertarian anarchist Murray Rothbard. In this article, Nozick’s theory and Rothbard’s critique are discussed, as well as some other attempts to justify the state from libertarian premises. Keeping the criticisms of those theories in mind, an alternative theory, which (...) attempts to bypass the criticisms, is put forward. This alternative theory explains how a state—most probably a nonminimal democratic state—can legitimately be formed in a condition of anarchy without violating anyone’s libertarian rights. One result of this is that the rights-based case for minarchism is severely weakened. (shrink)

The outbreak of the Covid-19 pandemic leads to e-commerce’s explosive growth with brands such as Shopee, Lazada, Tiki, Sendo and The Gioi Di Dong, etc. Since then, e-commerce activities have been going into practice in the life of every Vietnamese person and are constantly developing. The article presents the current situation of the e-commerce industry in recent years through discussion to analyze, evaluate and have a broader perspective on the development of e-commerce, thereby offering some development policies.

This paper argues against the common justification for the necessity of the state through the particular difficulty of private property right. Instead, I argue that the necessity of the state is internal to the concept of right in general. In order to show this, I point out how Kants adoption of hylomorphic language for the concept of right, where there is a formal and material aspect of right, allows us to understand the Rechtslehre as progressing through a syllogistic (...) deduction from innate right (major), private right (minor) to public right (conclusion). Material right is made necessary through its subsumption under formal right in the civil condition. (shrink)

Considering the existing definitions of violence one can point out a lack of terminological unity, which is associated with a lack of objective criteria. As a basis author uses own definition of violence as actions with property without the consent of the owner. Such a definition has an unambiguously defined criterion - the presence or absence of the owner's consent to actions with the object. On the basis of this definition, examples of existing violence from the side of society towards (...) its members are considered. These examples give an idea of what issues in social life are yet violent and how violence can be eliminated. Democracy, the main feature of which is the co-ownership of state property by citizens in equal shares, is considered as an institute that ensures overcoming violence in society. The necessary conditions for ensuring such co-ownership are given. As an example, a state structure is given that provides the necessary features of a democratic state, the main purpose of which is to protect citizens from any encroachment on their property, i.e. protection from violence. (shrink)

This paper considers a particular instance in which a liberal state –Germany -makes a claim for the limitation of tolerance of religious expression on the grounds of harm. I examine this claim with reference to three basic positions: Firstly,I examine Denise Meyerson’s argument that the domain of religion constitutes an area of intractable dispute and that the state is not entitled to limit liberty in this domain because it cannot justify limitations in a neutrally acceptable way. I argue (...) that Ludin is entitled to wear the Kopftuch on grounds of her right to religious freedom and that the attempt to deny her this entitlement constitutes a breach of individual rights. Meyerson’s arguments rest on the acceptability of Rawls’s idea of public reason. I therefore, secondly, examine Jeremy Waldron’s objections to the use of the deliberative discipline of public reason in cultural disputes as well as his objections to the use of the politics of identity which, he claims, distort our ability to engage in reasoned public debate. I argue that bracketing identity claims eliminates what is peculiar about Ludin’s case.This I bring out, thirdly, by drawing on the views of Melissa Williams, who advances the idea of sensitivity to others’ reasons as reasons, which defines a position midway between Meyerson and Waldron. It is apparent that Ludin’s dilemma is twofold: her status as ‘metic’-as member of a minority at the margins of mainstream German culture, and her status as ‘Muslimin’-as one believed to be suffering sexual discrimination in her own culture, form a double-bind of oppression. They are connected in a way that challenges the integration policies of the German state. (shrink)

The relationship between the state and the people has been of the utmost concern to the ruling class ever since society appeared between the class and the state. This study focuses on Aristotle and Han Fei Zi‟s ideological analyses of the relationship between the state and the people. The author aims to emphasize that the state and the people are the two fundamental forces of political life. The relationship between them is a constant and intimate relationship (...) that creates the appearance and stability of a political regime. The study contributes to the literature by pointing out the similarities and differences between the thoughts of two law rulers typical of the West and the East. The study results show that, due to the differences between Western and Eastern cultures, historical and social conditions, and cognitive ability, the thoughts of Aristotle and Han Fei on this issue have similarities and differences. (shrink)

This essay offers a new way to conceptualize the “police violence against Blacks” phenomenon. I argue that we should see the situation as an instance of what Thomas Hobbes called the state of nature, that is, a state without effective law. This understanding of the phenomenon stands in sharp contrast to that offered by Professor Michelle Alexander in her book The New Jim Crow. Alexander sees the phenomenon as a continuation of centuries-old patterns of state-backed anti-Black racism. (...) My account is that police are not under control of the state in their interactions with Blacks. (shrink)

It is widely accepted among political philosophers that distributive justice should be promoted by the state. This essay challenges this presumption by making two key claims. First, the state is not the only possible mechanism for attaining distributive justice. We could rely alternatively on the voluntary efforts and interactions of individuals and associations in civil society. The question of what mechanism we should rely on is a comparative and empirical one. What matters is which mechanism better promotes distributive (...) justice. We cannot settle the question a priori in favor of the state. Second, several considerations suggest a presumption in favor of relying on civil society. (shrink)

The problems of contemporary states are in large part “affective disorders”; they are failures of states to properly understand and coordinate the emotions of the individuals within and in some instances outside the state. By excluding, imprisoning, and marginalizing members of their societies, states create internal enemies who ultimately enervate their own power and the possibility of peace and freedom within the state. Spinoza’s political theory, based on the notion that the best forms of state are those (...) that coordinate the power and emotions of those within a state, offers us both a diagnosis of and a cure for these affective disorders. In this paper I will outline Spinoza’s notion of the power of the state as a function of the power and coordination of the emotions of its citizens, and show that when the state contracts an affective disorder, such as excessive crime, rebellion, terrorism, etc. the state has failed to properly empower, include and coordinate the passions of the multitude of its citizens and subjects. (shrink)

Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.

Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome (...) market failures. Footnotesa For very helpful comments, I am indebted to Dani Attas, Ellen Frankel Paul, Robert Johnson, Brian Kierland, Mike Otsuka, Eric Roark, and the other contributors to this volume. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human (...) rights is chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

In ANARCY, STATE AND UTOPIA Robert Nozick says that the fundamental question of political philosophy, one that precedes questions about how the state should be organized, is whether there should be any state at all. In the first part of his book he attempts to justify the state. We argue that he is not successful.

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has (...) not done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

The creation of the University of Berlin in 1810 was the result of interaction between the state and philosophy, two human expressions whose relationship, at least since Socrates' death and Aristotle's exile, has tended to be problematical. That university, which became an important model for North American institutions of higher learning, was from the outset a state university; it was designed and run by the state, as opposed to what was previously the rule: institutions dependent on the (...) Church or princes. The bind, of course, is that this idea of a modern university, defined by its independence with regard to ecclesiastical and private interests, must henceforth depend on the state to guarantee its independence. This dilemma is already apparent in the philosophical ideas at work in the University of Berlin's early evolution. (shrink)

The neo-liberal upsurge of the last twenty years and the neo-liberal case against the welfare state has gained much of its emotional force from a sub-text which is highly gendered. Whereas social liberalism had contained the promise of more autonomy within the private sphere and more caring values in the public sphere, neo-liberalism depicts the results of social liberalism as a loss of self reliance – through ‘over-protection’ by the state in the public sphere and usurpation of male (...) roles in the private sphere. The identification of the welfare state as female (the ‘nanny state’) helps fuel resentment on the part of those already confused by rapidly changing gender roles. This paper tracks the sex change which took place in the image of the liberal state as it evolved out of the night watchman state – the link between the women's suffrage movement and social regulation, maternal principles of distribution and demands for the public organization of caring. It examines the neo-liberal rejection of the breast and neo-liberal claims that the maternal state is incompatible with ‘self-reliance’ and a barrier to competitiveness in the world market. (shrink)