When Justice Can't Be Done: The Obligation to Govern and Rights in the State of Terror [Book Review]
Graduate studies at Western
Law and Philosophy 31 (6):643-672 (2012)
|Abstract||This article explores a view nearly absent from modern political theory, that there is a duty to create and secure government which imposes on some a duty to govern. This duty is grounded in philosophers as disparate as Aquinas, Locke, Hobbes and Finnis. To fail one's duty to govern, especially over the range of goods that can only be secured by government, is to have committed a wrong against another. If there is an obligation to govern that is rooted in the common good, then one might believe there is an obligation to maintain a government which pursues the common good. After disentangling the duty to govern from political duties which are much better explored, I focus on the more subtle question of how political legitimacy and the obligation to obey the law may clash with a duty to govern. Again, it is surprising that this claim can be located in scholars as disparate as Kant, Hobbes and Finnis. Yet in each example these thinkers give us, we are troubled by the tension between the duty to maintain a government and its conceptual fellow travelers, legitimate government and the obligation to obey. Nor is this question one restricted to abstract political philosophy. Particularly troubling are scenarios in which a threat to governance might lead to a reasonable belief that the government must maintain itself by taking actions which appear illegitimate. A scenario where a government must racially profile or violate civil liberties to guard against threats to the ability to govern brings the problem to life. Difficult moments of American history — the interment of the Japanese during World War II, racial profiling after September 11th and the use of torture by the United States government were surely mistakes. But they make live the perceived and potential clash between a duty to maintain a government, legitimate government and our duty to obey the law|
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Mathias Risse (2012). On Global Justice. Princeton University Press.
Margaret Denike (2008). The Human Rights of Others: Sovereignty, Legitimacy, and "Just Causes" for the "War on Terror". Hypatia 23 (2):pp. 95-121.
Ana Cecilia Vergara & Jorge Vergara Estévez (1994). Justice, Impunity and the Transition to Democracy: A Challenge for Human Rights Education. Journal of Moral Education 23 (3):273-284.
Charles E. Curran (1985). Just Taxation in the Roman Catholic Tradition. Journal of Religious Ethics 13 (1):113 - 133.
Asa Kasher & Amos Yadlin (2005). Military Ethics of Fighting Terror: An Israeli Perspective†. Journal of Military Ethics 4 (1):3-32.
Thaddeus Metz (2004). The Justice of Crime Prevention. Theoria 51 (105):104-128.
George Klosko (2004). Multiple Principles of Political Obligation. Political Theory 32 (6):801-824.
Bill Wringe (2005). Needs, Rights, and Collective Obligations. Royal Institute of Philosophy Supplements 80 (57):187-.
Aleksander Peczenik & Mikael M. Karlsson (eds.) (1995). Law, Justice and the State: Essays on Justice and Rights: Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (Ivr), Reykjavík, 26 May-2 June, 1993. [REVIEW] F. Steiner Verlag.
Milton Fisk (1989). The State and Justice: An Essay in Political Theory. Cambridge University Press.
Massimo Renzo (2008). Duties of Samaritanism and Political Obligation. Legal Theory 14 (3):193–217.
Gretchen Larsen & Rob Lawson (2013). Consumer Rights: An Assessment of Justice. [REVIEW] Journal of Business Ethics 112 (3):515-528.
Jeremy Waldron (2004). Terrorism and the Uses of Terror. Journal of Ethics 8 (1):5-35.
Arash Abizadeh (2010). Closed Borders, Human Rights, and Democratic Legitimation. In David Hollenbach (ed.), Driven From Home: Human Rights and the New Realities of Forced Migration. Georgetown University Press.
George Klosko (2005). Political Obligations. OUP Oxford.
Added to index2012-05-26
Total downloads13 ( #95,712 of 740,515 )
Recent downloads (6 months)1 ( #61,957 of 740,515 )
How can I increase my downloads?