Political Obligation

P.J. Markie tries to solve the so-called particularity problem of natural duty accounts of political obligation, a problem which seems to make natural duty accounts implausible. I argue that Markie at best “dissolves” the problem: while his own natural duty account of political obligation still does not succeed in ensuring particularity, this is not an implausible but an entirely plausible implication of his account, thanks to the weakness of his concept of political obligation. The price for this, however, is that (...) his approach has little to do with political obligation and the particularity problem as discussed in the literature. (shrink)

Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...) Union institutions can be seen to create similar obligations, only if we adopt a cosmopolitan theory of political legitimacy for both domestic and international institutions. A key distinction proposed is that between a duty of jurisdiction, owed by everyone to every legitimate state, and a duty of civility, owed by citizens to their own states. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...) We then argue that getting immigrants to undertake such obligations is morally wrong. This is because it makes immigrants’ political obligations more burdensome than those of natural- born citizens. We conclude that the practice of getting immigrants to undertake such obligations should be abolished. (shrink)

_ Source: _Page Count 20 According to the fair play defense of political obligations citizens have a reciprocity-based duty to share the costs involved in the production of public goods. But sometimes, states produce collective goods through wrongdoing. For example, sometimes states’ wrongful immigration policies can contribute to the welfare of their own populations. Do citizens have duties of reciprocity in light of such wrongful benefits? I argue that the answer to this question is negative. Drawing on the observation that (...) beneficiaries of wrongdoing incur compensatory duties to the victims of that wrongdoing, I argue that, rather than having a duty of reciprocity for wrongful benefits, citizens have a duty to disgorge the benefits in compensation. Furthermore, the fair play defense of political obligations entails that citizens can be justified in disobeying the law in order to comply with their compensatory duties to victims of their state’s wrongdoing. (shrink)

When the new Scottish Parliament was established through the Scotland Act of 1998, various innovative steps were taken to guarantee greater public participation in political processes. One of these measures, the Scottish e-petitioning system, provides a vehicle for interested citizens to petition the parliament directly on matters of public interest. This article examines all the e-petitions submitted since September 2011 in the area of Justice and Law, establishing how petitioners convey their own motivation for taking this step, and how Scottish (...) justice is represented. Analysis of these petitions shows citizens engaging proactively with legal issues, and probes into citizens’ conceptualizations of law and justice both in their current reality and as projections of how they could or should be. It also explores the association between legal and national consciousness, and the way in which citizens adopt an increasingly transnational approach to framing legal issues. The petitions thus reveal both active concern to achieve justice in highly specific individual matters, and a more theoretical concern with the specific status of Scottish justice, portrayed as lagging behind the rest of the United Kingdom in various respects. (shrink)

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories (...) of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology. "Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well." ―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law "As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy." ―John Gardner, Professor of Jurisprudence, University of Oxford "Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy." ―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal assurance (...) of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

Kant argues that it is only as citizens of a properly constituted state that persons are able to respect one another’s innate right to freedom, for joint subjection to the authority of a state enables them to avoid what Kantians call “the problem of unilateralism”: when I interact with you in a state of nature according to my judgment of right in circumstances of disagreement between us, I implicitly claim that my judgment, and not yours, has authority over us simply (...) because it is mine. But this argument seems vulnerable to a powerful objection: my reason for acting on my judgment of right is not that it is mine but rather that it is, as I believe, correct, and so there is no sense in which I am claiming special authority for that judgment. This paper defends the Kantian problem of unilateralism against this objection and, in so doing, illuminates the feature of the Kantian conception of right that accounts for why, no matter how good and right-loving they might be, persons in a state of nature about right are unable coherently to pursue the aim of acting rightly. (shrink)

For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of relevance to those working on immigration, as well as to political philosophers more generally. In particular, Blake provides powerful arguments against the claim that “open borders” are required by liberal (...) principles of justice, develops his own “jurisdictional” account justifying immigration restrictions and the acceptable limits to these restrictions, and, in the most interesting and novel part of the book, discusses the role of virtues and values other than justice in relation to immigration policy, focusing specifically on the virtue of mercy. This last section of the book has potential for starting a rewarding line of research for political philosophers working on many topics, not just immigration. (shrink)

Using a recent example from US politics as representative of contemporary liberal democracies, this chapter highlights how public opinion is shaped through the exploitation of our epistemic interdependence and partisan bias. Climate change was an important issue leading into the 2010 US mid-term elections. Public opinion on climate change was subject to a number of willfully disseminated distorting influences, having a significant impact on the election’s outcome and subsequent political discourse surrounding climate change policies. One impact of this type of (...) exploitation is that it has epistemically compromising effects on the electorate, which in turn undermines democratic legitimacy. In the interest of defending democratic legitimacy, this chapter suggests we re-evaluate and update those liberal institutions necessary for informed public opinion surrounding our current political epistemic needs. (shrink)

In this study, the idea of the local African community as a social structure ensuring the security of its members is presented. An understanding of the concept of security is first briefly discussed, followed by the meaning of the concept of the local African community. The chapter also makes an a priori distinction between what one can call “moderate” and “radical” types of communal life and two case studies exemplifying them are presented. The chapter aims to analyze the trade off, (...) in terms of provision of security, including economic security, by local communities, for the shaping of a democratic political culture in Sub-Saharan Africa. Most importantly, however, this chapter also highlights the rationality that underpins the seemingly low-quality democratic political activities of members of local African communities. (shrink)

Under the 1951 Refugee Convention, there are two necessary conditions for refugeehood: a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion and alienage – that is, being outside of one’s country of nationality or habitual residence. In 1985 Andrew Shacknove famously argued that both of these conditions should be rejected. Shacknove’s paper prompted much debate about the suitability of the persecution condition, but his rejection of the alienage requirement has (...) received significantly less attention. In this paper I argue, against some recent defenders of the Convention, that Shacknove was right to claim that the alienage condition should be rejected. On my view, people who would be granted refugee status if they crossed a border, but who remain in their country of nationality, should also be eligible for refugee status. (shrink)

This paper takes a unique approach to framing the political obligation social media companies like Twitter and Facebook have in a democratic society by casting the public sphere as a common-pool resource. Over the last decade or so much of our civic discourse has moved to social media platforms such as Facebook and Twitter. This paper argues that just as citizens have an obligation to one another, social media companies have an obligation to promote agonistic forms of civic, political discourse (...) through their algorithms. This algorithmic obligation that social media companies have must be reconciled with social media companies’ formulation of their fiduciary shareholder obligations. We posit that a commons based view of social media discourse allows these companies to make both a democratic health and fiduciary interest argument. (shrink)

This paper offers a response retributive theory of punishment, taking the role of the punisher as well as the relations between the parties to punishment to be central to retributive justification. It proposes that punishment is justified in terms of the ethics of appropriate response, and more precisely, in terms of the duty agents have to dissociate from the devaluation inherent in the culpable wrongdoing of others. The paper demonstrates that on such account, while the harm and suffering involved in (...) punishment are rightly imposed, they are not good, grounding a further duty to mitigate our retributive practices. The result is a moderate vision of retributive justification, which has the resources to justify, not only criminal punishment, but punishment as imposed across a wide variety of relations: private, institutional and political. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), and that (...) these reasons, very plausibly, often amount to an obligation to so act. (shrink)

European Journal of Political Theory, Ahead of Print. This article proposes that Deleuze’s psychoanalytically inspired theory of humour and irony provides an underappreciated way to theorize acts of resistance that adopt a structurally perverse position towards a law or authority. In his books Coldness and Cruelty and Difference and Repetition, Deleuze explains that the law is susceptible to two kinds of subversive procedure. The first, which he calls irony and which he aligns with sadism, reveals a gap between the law (...) and its principles. The second, which he calls humour and which he aligns with masochism, exposes a gap between the law’s interdictions and their consequences. For Deleuze, humour and irony harbour the potential to overturn or overthrow the law. Drawing on Lacanian psychoanalytic theory and contemporary examples – alt-right ‘free speech’ demonstrations in the United States and protests surrounding Russia’s 2012 parliamentary elections – the article argues that Deleuze overstates the transformative potential of perversion. Nevertheless, his account remains useful for showing the circuitous routes that some subjects take to enjoy their position within the law. Given the global rise in right-wing authoritarianism in recent years, this may prove to be an important insight. (shrink)

Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...) grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

Whether there is a general moral obligation to obey the law, often referred to as ‘political obligation’, is an enduring question in contemporary legal and political philosophy. Theories are continually being formulated, criticized, and reformulated as theorists attempt to settle this issue. However, there yet remains no general consensus as to whether any theory successfully answers this question in either the affirmative or the negative. I propose the legal doctrine of quasi-contract as a candidate for making sense of this persistent (...) issue. While the duty to reciprocate and the principle of reasonable expectations each falls short when independently advanced as a theory of political obligation, quasi-contract, which combines reciprocity, reasonable expectations, and additional moral considerations, is able to establish a satisfactory account of political obligation. (shrink)

Richard Dagger purports to solve the problem of political obligation and the problem of punishment simultaneously, by employing the principle of fair play. Notwithstanding the valuable contribution his book makes to the philosophical debate, I argue that Dagger does not defeat long-standing objections faced by fair play-based justifications of the duty to obey the law and of state punishment.

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain of moral normativity. The theory of (...) political obligations this paper proposes can be briefly summarized as follows: political obligations are duties of compliance with the political authority claims of those who exercise political power. Their primary ground is membership. The mere fact of membership has moral weight in its own right and it is also inseparably embedded into a rich context of moral reasons for action that includes general reasons; ad hoc reasons; regime-specific reasons applying to every subject; and regime-specific offices that attribute specific responsibilities to individuals and groups. This rich context of typical moral reasons plays an important role in deciding what needs to be done, all things considered, with respect to the political authority claims. This account attempts to describe compliance in terms of genuine political obligations and also claims to be a plausible and general account. It does not claim to be a theoretically coherent moral justification for political obligations, however, just a theoretically coherent account of the varied sources and limitations of political obligations. (shrink)

John Locke’s theory of state is heavily constructed around his doctrine of consent. The doctrine indeed signifies a critical moment in the development of liberal and democratic theories in the history of political thought. Nevertheless, the doctrine has provoked various controversies and raises doubts on whether Locke’s early and later positions are reconcilable. This paper joins the scholarly debate through investigating the role of consent in Locke’s theory of state. It rejects the ahistorical readings of the doctrine that deliberation and (...) voluntary intention constitute the necessary condition of consent. It also opposes the view that the doctrine of consent offers a moral ground for Locke’s argument on the legitimacy of government, nor does the doctrine directly makes the case for political obligation. Instead, I argue that the doctrine of consent normatively proclaims the essential value of liberty in Locke’s theory of state while historically it was employed as a response to England’s political reality. Locke’s articulation of the doctrine also reveals his life-long concern about the peril of anarchy. Thus, consent should be understood as a dynamic process of recognising the necessity of government while acknowledging the people’s resolution to be free. (shrink)

While many are born into prosperity, hundreds of millions of people lead lives of almost unimaginable poverty. Our world remains hugely unequal, with our place of birth continuing to exert a major influence on our opportunities. -/- In this accessible book, leading political theorist Chris Armstrong engagingly examines the key moral and political questions raised by this stark global divide. Why, as a citizen of a relatively wealthy country, should you care if others have to make do with less? Do (...) we have a moral duty to try to rectify this state of affairs? What does 'global justice' mean anyway - and why does it matter? Could we make our world a more just one even if we tried? Can you as an individual make a difference? -/- This book powerfully demonstrates that global justice is something we should all be concerned about, and sketches a series of reforms that would make our divided world a fairer one. It will be essential introductory reading for students of global justice, activists and concerned citizens. (shrink)

This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls's theory of justice. The first part begins with a brief summary of Rawls's political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls's theory to the private law. The third part examines how Rawls's theory can and should (...) be revised by incorporating capabilities. I argue this revision can be undertaken in a way that best develops the relevance of political liberalism. (shrink)

Undocumented immigrants are ineligible for most federally funded public benefits programs with few exceptions such as emergency medical assistance and nutrition assistance for women and children. This paper defends the view that a liberal society should provide greater access to undocumented immigrants to public benefits programs and responds to an important economic objection that a state should be able to prioritize the needs of its own members who contribute to these programs. This paper specifically addresses empirical and moral versions of (...) this objection. It also distinguishes between two kinds of public benefits. Certain public benefits, such as social security, may reflect an agreed-upon distribution of public goods, to which people are entitled based on their membership or contribution. Other public benefits, such as nutrition assistance, are set aside primarily to help people based on their need. In the latter case, it is not membership or contribution, but need or which need is greater, that supplies justification for the distribution of these benefits even when resources are limited. (shrink)

This chapter examines the tension between the justification and the punishment of civil disobedience, and theorists’ common solutions to it, by focusing on two central questions: first, should the state punish civil disobedience? Second, should the civil disobedient accept punishment? It presents the theoretical lay of the land on each of these questions, with particular attention to American jurisprudence on civil disobedience. The third part takes a step back to ask anew, how should we think about civil disobedience? and uncovers (...) some problematic assumptions behind the common theoretical approach to the “problem” of civil disobedience. (shrink)

The useful publication of Judith N Shklar's final undergraduate lectures at Harvard provides an opportunity to take a careful look at her reflections on political obligation, a matter always of gre...

When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...) play a direct role in defining rights to use physical or financial resources free from substantial interference. Businesspeople must obey these laws even at the cost of allowing their businesses to fail and even when the acts proscribed are mala prohibita. This argument for obeying the law in competitive contexts has limited scope. Considerations of fairness or self-preservation may justify violating laws of other types under competitive pressure. (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)

Journal of Social Philosophy, EarlyView.

In his _Natural Law and the Nature of Law_, Jonathan Crowe has written an important and interesting book, one that should be read by people interested in jurisprudence, ethics, and political philosophy. Its distinctive strength is in the way Crowe shows how much can be done within a natural law framework that does not assume a theological background. A distinctive feature of Crowe's approach to natural law, one that distinguishes it from other well-known approaches, is its argument that only a (...) minimal state, if any state at all, is required by or even compatible with natural law. It is this claim that I focus on in this paper. I show that these anti-state arguments do not work, and that a much more robust, largely state-like, type of political society is necessary if the requirements of natural law that Crowe accepts are to be met. In doing this, I also draw some related conclusions about the proper understanding and reach of the common good. In arguing for this conclusion I do not attack Crowe's general approach, but rather make what I hope to be an internal critique of the argument. If I am successful in this, then there will be reason for people who are sympathetic to the overall project to reject some of Crowe’s sub-conclusions, even if they wish to remain working in the natural law tradition overall. And, there will be reason to accept that something like the modern state will be necessary - at least for some time and for people like us - if we are to live good lives. (shrink)

It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...) modified foods, allow internet gambling, or produce generic drugs for domestic consumption, the citizens of the state may rightfully think they have lost important aspects of sovereignty to bodies that do not have legitimate authority to govern. This, in turn, makes negotiating treaties, despite their obvious value, much harder than it otherwise would be, leading to decreased cooperation and the forgoing of potentially significant gain. In this paper, I argue that by importing certain ideas from contract theory to the interpretation of treaties, these worries may be significantly reduced. Contracts have the seemingly paradoxical ability to increase the autonomy of the signers by allowing them to bind themselves to perform certain future actions. But, the ability of contracts to perform this function would be greatly reduced if the only possible remedy for breach were specific performance. Yet, an analogous approach to treaties is common among many important theorists of international law, who demand the equivalence of specific performance in the case of treaties. I will show how importing ideas from contract law can help ensure that treaties, especially economic treaties, are sovereignty-enhancing for states in a way that is similar to the way that contracts may be autonomy-enhancing for individuals, and will show that importing these elements from contract law will strengthen, not undermine, the legitimacy and fairness of international law. (Please download the full paper from SSRN at the link on this page). (shrink)

ABSTRACTI argue that Iris Marion Young’s concept of political responsibility is well suited for transnational feminism analyses. Young’s work reveals the intersections of ethical, social, and political theory; her model of political responsibility articulates a view of shared social and political responsibility for the structural conditions of exploitation and domination. Young’s theory of political responsibility provides an account that views responsibility for social injustice as both deeply personal, and shared. She argues that we can only discharge our political responsibility by (...) engaging with others in collective actions that seek to change unjust situation and institutions. I argue that Young’s model of political responsibility, because of its focus on structural injustice, provides a more nuanced account of global justice than either a human rights framework, or a cosmopolitan framework. Because Young’s theory of political responsibility focuses on structural injustice we can use it to analyze inequalities and asymmetries of power with respect to gender and in terms of structural injustice. (shrink)

What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions in political and (...) legal philosophy, ranging from John Rawls' seminal account in 1971, to the recent views advanced by Kimberley Brownlee, David Lefkowitz and William Smith. In the last chapter, the author proposes a novel account of civil disobedience, able to meet some of the unresolved challenges. The author argues that, to make sense of civil disobedience, we should expand our conception of political obligation, so to include acts that, despite being illegal, may reveal the agent's civility. (shrink)

Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short li...

Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (shrink)

Must a society aim indefinitely for continued economic growth? Proponents of economic growth advance three central challenges to the idea that a society, having attained high levels of income and wealth, may justly cease to pursue further economic growth: if environmentally sustainable and the gains fairly distributed, first, continued economic growth could make everyone within a society and globally, and especially the worst off, progressively better off; second, the pursuit of economic growth spurs ongoing innovation, which enhances people’s opportunities and (...) protects a society against future risks; and third, continued economic growth fosters attitudes of openness, tolerance, and generosity, which are essential to the functioning of a liberal democratic society. This article grants these challenges’ normative foundations, to show that, even if one accepts their underlying premises as requirements of justice, a society may still justly cease to aim for economic growth, so long as it continues to aim for and realize gains on other dimensions. I argue that, while continued economic growth might instrumentally serve valuable ends, it is not necessary for their realization, as a society can achieve these ends through other means. (shrink)

The exhibition by the Whitney Museum of American Art of a painting of the lynched Emmett Till by a white woman artist in its Biennial survey exhibition in 2017 caused a controversy that went to the heart of the contemporary art world in the United States. There was a demand made by a group, writing on behalf of artists of color that the painting be removed and destroyed. That demand gave birth to an intensive and very public conversation among important (...) critics, members of academia, and artists. What is the role of identity in art creation and exhibition? Implicitly, what is the role of gatekeepers who can influence the direction of the art market through promoting the work of some artists and not others? What are the obligations of major institutions in shaping public opinion? I seek to test the public responses to the painting and its challengers against what can be seen with sustained observation in the painting itself. Do the issues inhere in the painting or was the painting captured for an external conversation? I hope that this is an example of what evidence that kind of observation can provide—a matter of interest not just in the discourses of art but also of evidence in the context of the law. (shrink)