What makes a government legitimate? Arthur Isak Applbaum rigorously argues that the greatest threat to democracies today is not loss of basic rights or despotism. It is the tyranny of unreason: domination of citizens by incoherent, inconstant, incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary offices." (...) class='Hi'>Applbaum begins by examining the career of Charles-Henri Sanson, who is appointed executioner of Paris by Louis XVI and serves the punitive needs of the ancien régime for decades. Come the French Revolution, the King's Executioner becomes the king's executioner, and he ministers with professional detachment to each defeated political faction throughout the Terror and its aftermath. By exploring one extraordinary role and the arguments that can be offered in its defense, Applbaum raises unsettling doubts about arguments in defense of less sanguinary professions and their practices.To justify harmful acts, adversaries appeal to arguments about the rules of the game, fair play, consent, the social construction of actions and actors, good outcomes in equilibrium, and the legitimate authority of institutions. Applbaum concludes that these arguments are weaker than supposed and do not morally justify much of the violation that professionals and public officials inflict. Institutions and the roles they create ordinarily cannot mint moral permissions to do what otherwise would be morally prohibited. (shrink)

This article aims to make conceptual room for a view about political legitimacy called the power-liability account. The view claims that politi- cal legitimacy is a form of normative power that entails moral liability, but not necessarily a moral claim-right that entails moral duty. The power-liability account supports appealing interpretations of justified civil disobedience in the face of legitimate but unjust law at home and of justified human rights interventions that violate legitimate international law abroad. I argue here only for (...) the conceptual possibility of this view, not for its normative correctness. I believe that the power-liability view indeed is correct, but it often is thought that the view not only is false but also incoherent. Many hold that entailed duty and immunity are built into the meaning of the concept of political legitimacy. My task is to loosen these conceptual strictures. (shrink)

In Legitimacy: The Right to Rule in a Wanton World, I offer both a conceptual analysis of legitimacy, the power-liability view, and a substantive moral theory, the free group agency view. Here, I defend my account against three challenges brought by Kjarsten Mikalsen. First, though I argue that conceptual analysis should not prematurely close open moral questions, it is not my view that conceptual analysis must have no substantive implications. Second, though I acknowledge that free group agency ordinarily supports a (...) moral duty to obey, it is a feature, not a bug, that my conceptual analysis is consistent with moral theories that disagree with my preferred moral theory. Third, I argue that Mikalsen’s proposed explanation of justified civil disobedience, which sees law in such cases as creating a moral claim-right that entails a merely presumptive duty, is less perspicuous than the explanation given by the power-liability view. Along the way, I emphasize that the distinction between felicitous moral power and justified causal power is as important as the distinction between moral liability and moral duty. (shrink)

In “Professional Detachment: The Executioner of Paris,” I concluded with the cheap and some would say libelous suggestion that lawyers might accurately be described as serial liars, because they repeatedly try to induce others to believe in the truth of propositions or in the validity of arguments that they believe to be false. Good lawyers have responded with some indignation that, in calling zealous advocacy “lying,” I have misdescribed the practice of law. I wish to explain why I believe that (...) it is the practice of lawyering that engages in misdescription. (shrink)

Examines Applbaum's elaboration, on contractualist grounds, of a plausible understanding of adversarial ethics, primarily but not exclusively in the contest of the legal system. Raises criticisms of what are arguably unnecessary concessions and offers the behavior of US government lawyers in the Korematsu case as an example for consideration.

In this paper, I take issue with Arthur Isak Applbaum’s power-liability view of political legitimacy. In contrast to the traditional view that legitimate rule entails a moral duty to obey, here called the right-duty view, Applbaum argues that political legitimacy is a moral power that entails moral liability for the subjects of political rule. According to Applbaum, the power-liability view helps us explain how responsible citizens in some cases can act contrary to law while still (...) recognizing the claims of law. Against Applbaum’s attempt at establishing the power-liability view through conceptual analysis, I argue that we cannot specify the moral implications of de jure legitimacy without considering the moral argument that justifies the right to rule. I further argue that Applbaum’s normative account of political legitimacy implies commitment to a normative idea that forms the basis of a strong case in favor of the right-duty view. Finally, I argue that the present defense of the right-duty view has resources to account for the moral phenomena that prompt Applbaum’s advocacy of the power-liability view. (shrink)

The American Medical Association enacted its Code of Ethics in 1847, the first such national codification. In this volume, a distinguished group of experts from the fields of medicine, bioethics, and history of medicine reflect on the development of medical ethics in the United States, using historical analyses as a springboard for discussions of the problems of the present, including what the editors call "a sense of moral crisis precipitated by the shift from a system of fee-for-service medicine to a (...) system of fee-for-system medicine, better known as 'managed care.'" The authors begin with a look at how the medical profession began to consider ethical issues in the 1800s and subsequent developments in the 1900s. They then address the sociological, historical, ethical, and legal aspects of the practice of medicine. Later chapters discuss current and future challenges to medical ethics and professional values. Appendixes display various versions of the AMA's Code of Ethics as it has evolved over time. Contributors: George J. Annas, J.D., M.P.H., Arthur Isak Applbaum, Ph.D., Robert B. Baker, Ph.D., Chester R. Burns, M.D., Ph.D., Arthur L. Caplan, Ph.D., Alexander Morgan Capron, J.D., Christine K. Cassel, M.D., Linda L. Emanuel, M.D., Ph.D., Eliot L. Freidson, Ph.D., Albert R. Jonsen, Ph.D., Stephen R. Latham, J.D., Ph.D., Susan E. Lederer, Ph.D., Florencia Luna, Ph.D., Edmund D. Pellegrino, M.D., Charles E. Rosenberg, Ph.D., Mark Siegler, M.D., Rosemary A. Stevens, Ph.D., Robert M. Tenery, Jr., M.D., Robert M. Veatch, Ph.D., John Harley Warner, Ph.D., Paul Root Wolpe, Ph.D. (shrink)

In this article, we argue that physicians have normative authority over patients. First we elaborate on the nature of normative authority. We then examine and critique Arthur Isak Applbaum’s view that physicians lack authority over patients. Our argument appeals to four cases that demonstrate physicians’ authority.

In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, (...) when fully unfolded, refers to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (shrink)

John Greco (2020) sets out to create a unified virtue-theoretic account of knowledge generation and transmission in his book The Transmission of Knowledge. One of the advantages of his view is that it can defend the achievement view from a known strand of counterexamples. To accomplish that, he relies on joint agency being essential to knowledge transmission. Joint agency can be characterized as a sort of interdependent and interactive cooperation between speaker and hearer that share an intention to transmit knowledge. (...) This paper introduces the phenomenon of unwanted knowledge transmission which shows that joint agency, as Greco presents it, is not essential to knowledge transmission. Four types of unwanted knowledge transmissions will be introduced that pose threats to Greco’s account by showing that shared intention, a key characteristic of joint agency, is not present in all instances of knowledge transmission. Finally, some potential ways to defend Greco’s view will be considered and discussed. (shrink)

Education at all levels is increasingly augmented and enhanced by data mining and analytics, catalysed by the growing prevalence of automated distance learning. With an unprecedented capacity to scale both horizontally and vertically, data mining and analytics are set to be a transformative part of the future of education. We reflect on the assumptions behind data mining and the potential consequences of learning analytics, with reference to an issue brief prepared for the U.S. Department of Education entitled Enhancing Teaching and (...) Learning Through Educational Data Mining and Learning Analytics. We argue that the associated gains conceal subtle, but important risks. Data-ism, an underpinning paradigm, assigns unjustified veracity to data-driven science and the application of personalised analytics may compromise individual privacy, agency and inventiveness. This holds serious ethical implications, particularly when considering the impact on minors, rendering wholesale adoption premature. (shrink)

The self-revelation of God through His Manifested Presence occurred in a variety of natural, cultural and historical spaces. This manifested in the liturgical communion of His people during public worship events, which in the Old Testament took place in the Tabernacle and the Temple. In the New Testament the role of the Temple changed, and the Church as God’s community became the space where believers experienced spirituality. The historical development of the Church was supported by spaces that were created for (...) spiritual experience and liturgy. In these spaces, spirituality was aided by liturgical activities, music, art, education and other aesthetic symbols. With the dawning of the 21st century the world has changed drastically. The Pentecostal experience after Azusa street gave emphasis to the spreading of the gospel into a variety of missionary and apostolic spaces. Therefore, the Church must think strategically regarding the spaces created to experience spirituality. (shrink)

In December 2019 a virus named COVID-19 appeared in China, precisely in the city of Wuhan. This virus was declared a global pandemic by the World Health Organization in March 2020. Since no adequate medical treatment has yet been discovered for this virus, many world institutions are committed to share with each other the data they collect and process in their laboratories. A large amount of these data is shared with citizens in order to inform about the risk that threaten (...) us by virus COVID-19. Various credible world institutions such as the World Health Organization (WHO), Johns Hopkins University (JHU), the European Centre for Disease Prevention and Control (ECDC), etc., are providing various statistical data to address the issues raised by this emergent situation, but these reports in some cases are putting doubts on the completeness and the transparency of the data, which are not sufficiently processed and which then create confusion about the risks that we are facing. In this paper we are conducting a study of the quality of current global datasets from the must credible sources related to COVID-19. Also, we are comparing datasets collected from Republic of Kosovo and Republic of North Macedonia with corresponding data from WHO, ECDC and JHU datasets. To analyze datasets from different sources, we are using Power BI tool, making the improvement through the implementation of adequate dimensions and methods of improving the quality of datasets. (shrink)

Reviewing his life's work in several areas, Koestler shows that the development of human intelligence mirrors the hierarchical order of the universe, examines links between creativity and humor, science, and art, and criticizes the behaviorist theory of cultural evolution.

An extraordinary history of humanity's changing vision of the universe. In this masterly synthesis, Arthur Koestler cuts through the sterile distinction between 'sciences' and 'humanities' to bring to life the whole history of cosmology from the Babylonians to Newton. He shows how the tragic split between science and religion arose and how, in particular, the modern world-view replaced the medieval world-view in the scientific revolution of the seventeenth century. He also provides vivid and judicious pen-portraits of a string of (...) great scientists and makes clear the role that political bias and unconscious prejudice played in their creativity. (shrink)

Constellations, Volume 29, Issue 1, Page 80-92, March 2022.

Constellations, Volume 29, Issue 1, Page 80-92, March 2022.

This essay turns to the late thought of Martin Luther King Jr. to bring matters of faith back into debates about dissent in liberal democracies. Drawing on unpublished speeches as well as scholarship in Black theology, religious studies, and political theory, I contend that the post-1965 King is not as interested in moral or pragmatic principles as many democratic theorists think. The late King’s movement, I argue, is animated by what Black liberation theologian James Cone calls “black faith.” Manifesting Jesus’s (...) liberating love—a love that the late King believes already transformed and was still transforming the world—this movement with the poor and dispossessed is caring yet forceful, quotidian yet spectacular, and nonviolent yet revolutionary. Foregrounding the late King’s black faith and the movement it animates, I conclude, opens up new horizons for theorizing dissent. (shrink)

Existing approaches to campaign ethics fail to adequately account for the “arms races” incited by competitive incentives in the absence of effective sanctions for destructive behaviors. By recommending scrupulous devotion to unenforceable norms of honesty, these approaches require ethical candidates either to quit or lose. To better understand the complex dilemmas faced by candidates, therefore, we turn first to the tradition of “adversarial ethics,” which aims to enable ethical participants to compete while preventing the most destructive excesses of competition. As (...) we demonstrate, however, elections present even more difficult challenges than other adversarial contexts, because no centralized regulation is available to halt potential arms races. Turning next to recent scholarship on populism and partisanship, we articulate an alternative framework for campaign ethics, which allows candidates greater room to maneuver in their appeals to democratic populations while nevertheless requiring adherence to norms of social and political pluralism. (shrink)