States and Nations, Misc

What are we to make of the fact that world leaders, such as Canada’s Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping questions of (...) what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault’s work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state’s power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners’ demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state. (shrink)

The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy recommendations. In this article, I take issue with this conception of realism. I begin by surveying the way in (...) which it exemplifies what certain political theorists have recently called ‘problem-solving’ realism – a species of realism which they reject as incoherent. These theorists demonstrate that what counts as a ‘feasible’ solution is far harder to establish than most problem-solving realists would have us believe. Applying this general critique to the specific domain of immigration ethics turns out to radically undermine the notion of realism that prevails in this sphere of applied ethics. I conclude that we should therefore revise our conception of what constitutes a genuinely realist approach to the problem of immigration. (shrink)

Can the state, as opposed to its individual human members in their personal capacity, intelligibly seek to avoid blame for unjustified wrongdoing by invoking excuses (as opposed to justifications)? Insofar as it can, should such claims ever be given moral and legal recognition? While a number of theorists have denied it in passing, the question remains radically underexplored. -/- In this article (in its penultimate draft version), I seek to identify the main metaphysical and moral objections to state excuses, and (...) begin to investigate their strength. I work from the ecumenical assumption that general understandings of modern states as group moral agents proper or as mere fictional points of imputation for individual behaviour are both plausible, and that the question of state excuses should be asked in terms of both paradigms. Issues addressed include: the lack of state consciousness/affect, the nature and relevance of developmental and executive defects in group agents, the value of state interests and how interests relate to plausible claims of excuses, the shortfall of responsibility argument for group responsibility and its interface with state excuses, the symbolic and consequential (dis)value that state excuses may have, as well as concerns that states are entities that should live up to outstandingly high virtuous standards of impartiality and equanimity. -/- I conclude that even if the range of excuses available to states does not overlap neatly with excuses available to ordinary individuals, some excuses may still be morally available to states. More generally, I emphasize the need for a systematic discussion of group excuses writ large, and of their relationship with the wider question of when group entities may legitimately be singled out to bear adverse normative consequences for wrongdoing. (shrink)

European Journal of Political Theory, Ahead of Print. I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not (...) need to be part of the same entity whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state capture. It then (...) articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

The last decade or so has seen an explosion of scholarship by American law professors on what has become known as administrative constitutionalism. Administrative constitutionalism is a catchphrase for the role of administrative agencies in influencing, creating, and establishing constitutional rules and norms, and governing based on those rules and norms. Though courts traditionally get far more attention in the scholarly literature and the popular imagination, administrative constitutionalism scholars show that administrative agencies have been extremely important participants in American constitutional (...) development. Section I of this essay identifies three different versions of administrative constitutionalism— Engagement with Existing Constitutional Doctrine; Resolving Questions of Statutory Meaning that Implicate Constitutional Questions; and Shadow Administrative Constitutionalism—and provides examples from the scholarly literature to illustrate these distinct manifestations of administrative constitutionalism. Section II of this essay discusses the normative turn in administrative constitutionalism scholarship. Much of this normative literature is implicitly or explicitly premised on the notion that agencies are more likely to pursue progressive goals than are other government actors. Section III of this essay disputes the notion that agency constitutional decision-making is “democratic” and that agencies are naturally inclined to serve progressive goals. Finally, Section IV of this essay notes that scholars who support broad agency autonomy to work out and enforce their own constitutional visions have failed to consider how their work fits in with the economic and political science literature on agency behavior. One can predict, based on that literature, that agencies given broad autonomy under the guise of administrative constitutionalism will primarily be inclined to expand their scope and authority at the expense of countervailing considerations. (shrink)

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...) the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

This essay uses a specific example—proposals to exclude sugary drinks from the Supplemental Nutrition Assistance Program —to explore some features of the contemporary U.S. administrative state. Dating back to the Wilsonian origins of the U.S. administrative state there has been uncertainty about whether we can and should separate politics and administration. On the traditional view, the agencies are to be kept separate from politics—technocratic and value-neutral—although they are indirectly accountable to the president and Congress. The SNAP exclusions example shows, however, (...) that agencies often must make complex and controversial decisions on their own, decisions that go beyond value-neutral technocratic administration. When authorizing legislation has multiple goals, as we’ll argue is the case in the SNAP example, an agency will have to choose between conflicting statutory mandates. Moreover, as the SNAP example shows, agencies often face complex normative questions of ethics and justice that go beyond the question of how to balance competing aims. The appropriate response to the SNAP exclusions example is not to keep politics out of administrative decision-making, but to develop procedures that allow ethical and political questions to be addressed in agency policy-making, consistent with overarching commitments to fairness and democracy. (shrink)

At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regulated by the same principles. Drawing on his model of dynamic coordination, I (...) will reconstruct the Humean case for developing international law into a more robust legal system and also highlight the limitation of Hume’s account of justice for such a reconstructive project. Hume’s lessons are enduring; we must strengthen the essential features of international law that allow states and individuals to reap the benefits of its protections, such as nonoptional rules that articulate a moral minimum, courts with compulsory jurisdiction, and stronger mechanisms of enforcement. (shrink)

Is the web out to get us, or is it a force for autonomy and flourishing? Is it another instrument for the governing elite to channel the masses for political or business purposes? Is it a means for our baser nature to entrench everlasting fake news stories, political narratives, and even whole ideologies? -/- In her tome Surveillance Capitalism, Shoshana Zuboff details what she regards as the dangers of losing our freedom, dignity, and democratic control to business by being “conditioned”, (...) “tuned”, “nudged” and otherwise shaped in unconscious ways to serve big-tech and its business associates. -/- Echoing many of her fears, the popular documentary The Social Dilemma portrays algorithmic tracking of our behaviour by Facebook and Google as a Frankenstein monster. The documentary has the endorsement of the historian Yuval Noah Harari, best known for his Sapiens: A Brief History of Humankind. He argues that the web has become a tool to further reinforce the survival of fake news, to which he thinks humans already have a strong proclivity. Who is going to tame this Frankenstein? (shrink)

When the modern administrative state emerged in America during the Progressive Era, at the beginning of the twentieth century, it was typically grounded on the premise that administrative officials are experts who should be insulated from politics. This theory, combined with emerging ideas of scientific management, contributed to the intellectual justification for the administrative state. However, progressives never fully reconciled the tension between this theory and the democratic nature of American politics. Because of this ambiguity and tension in the progressives’ (...) theory of expertise, the politics/administration dichotomy was abandoned shortly after the administrative state was constructed. The place of expertise in the administrative state is still ambiguous, even in the twenty-first century. (shrink)

Interdisciplinary work on the nature of borders and society has enriched and complicated our understanding of democracy, community, distributive justice, and migration. It reveals the cognitive bias of methodological nationalism, which has distorted normative political thought on these topics, uncritically and often unconsciously adapting and reifying state‐centered conceptions of territory, space, and community. Under methodological nationalism, state territories demarcate the boundaries of the political; society is conceived as composed of immobile, culturally homogenous citizens, each belonging to one and only one (...) state; and the distribution of goods is analyzed according to a stark opposition between the domestic and the international. This article describes how methodological nationalism has shaped central debates in political philosophy and introduces recent work that helps dispel this bias. (shrink)

Fiscal equivalence in the public administration of justice requires local police and courts to be financed exclusively by the populations that benefit from their services. Within a polycentric framework, broad based taxation to achieve fiscal equivalence is a desirable principle of public finance because it conceptually allows for the provision of justice to be determined by constituent’s preferences, and increases the political accountability of service providers to constituents. However, the overproduction of justice services can readily occur when the benefits of (...) the justice system are not enjoyed equally. Paradoxically, the same properties that make fiscal equivalence desirable by imposing restraint and control between constituents and local government also create internal pressures for agents of the state to engage in predatory, revenue-generating behavior. (shrink)

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

Why are human rights abuses of refugees at the EU’s geographical periphery tolerated by other EU states? This chapter uses the case of Hungary and Germany to explore how the former abolished the institution of asylum, shedding light on the human rights abuses of refugees, and why states such as the latter seem to condone such actions. It argues that core EU member states condone human rights abuses at the geographical periphery of the EU as long as they contribute to (...) keeping refugees from accessing their territory. If the ‘dirty work’ is being done by others, the moral self-portrait of a generous refugee-receiving state remains, on the surface, untarnished. The chapter aims at disenchanting this image. (shrink)

Sport continues to be one of the primary means through which notions of Englishness and Britishness are constructed, contested, and resisted. The legacy of the role of sport in the colonial project of the British Empire, combined with more recent connections between sport and far right fascist/nationalist politics, has made the association between Britishness, Englishness, and ethnic identity(ies) particularly intriguing. In this paper, these intersections are explored through British media coverage of the Canadian‐born, British tennis player, Greg Rusedski. This coverage (...) is examined through the lens of ‘performativity,’ as articulated by Judith Butler. Through a critical application of Butler's ideas, the ways in which the media seek to recognise and normalise certain identities, while problematising and excluding others, can be more fully appreciated. Thus, it was within newspaper framings of Rusedski that hegemonic notions of White Englishness could be performed, maintained, and embedded. (shrink)

In this paper, I wish to examine the plausibility of two distinct but interrelated claims that might arise out of reading the Mozi . First, I want to examine the plausibility of understanding Mohist philosophy as quite naturalistic, notwithstanding the Mozi’s apparent discussion of a Heaven (tian 天) that has desires, likes, and dislikes and ghosts and spirits who do Heaven’s bidding. In this vein, I wonder if the Mohists think that it is simply a fact of the universe that (...) Heaven cares for all humans impartially, in much the same way that certain other thinkers in the Chinese tradition understand Heaven as having a set of regularities that can be understood and acted upon. Arising from this may be the idea that the right thing to do, in a hypothetical rather than categorical sense, is to accord with Heaven. -/- This then leads to the second part of this paper – questioning the substantive moral normativity often ascribed to the Mozi. Once we remove the supra-natural understanding of Heaven from Mohist thought, we may understand the normativity within as a non-moral normativity. Perhaps it is not that we morally ought to accord with Heaven’s will and act impartially or morally ought to accord with the natural world and follow the Dao. Rather, these can simply be seen as success criteria. Insofar as we wish to have a strong, flourishing, and prosperous state – or, in the Mozi’s terms a wealthy, populous and well-ordered state – it is necessary to accord with how the world is actually structured. (shrink)

Which role can physical proximity play in our thinking about the foundations of political community in a world where, due to political, economic and technological developments, we seem to live side by side with virtually everyone globally? This article interrogates this question in conversation with Kant’s political thought, where proximity makes a prominent appearance both as a foundation of statehood and of cosmopolitan community. I argue that, as a scalar criterion, the idea of proximity cannot serve as a particularisation principle (...) that guides us in carving up the world into peoples or territories. However, as a regulative principle it provides an appealing normative criterion for the internal constitution of existing states. While this is predicated on accepting Kantian conservatism about boundaries, the proximity-based state is structured in a way that deflates the normative significance of the very distinction between insider and outsider. (shrink)

Journal of Social Philosophy, EarlyView.

This book takes up the tension between globalization and community in order to articulate a new theory of global justice. Although the process of globalization is not new, its current manifestation and consequences are. At the same time, there is a growing recognition of the importance of community, identity and belonging. These two facts have generally been understood to be fundamentally in tension, both theoretically and descriptively. This book seeks to resolve this tension, and then draw out the implications for (...) a theory of global justice and an understanding of the value and purpose of community. Importantly, the book argues, not only does an acceptance of the significance of the fact of globalization and the importance of community call for cosmopolitan duties and obligations, but it also calls into question the legitimacy and justification of the traditional nation-state. (shrink)

The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...) ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders. (shrink)

Volume 20, Issue 1, February 2019, Page 95-98.

‘Rights and Territories: A Reply to Nine, Miller, and Stilz’ defends the Lockean theory of states’ territorial rights against the critiques of Nine, Miller, and Stilz. In response to Nine’s concern that such a Lockean theory cannot justify the right of legitimate states to exclude aliens, it is argued that a consent-based theory like the Lockean one is flexible enough to justify a wide range of possible incidents of territorial rights – importantly including, though not necessarily including, the sort of (...) right to exclude aliens that is familiar from actual political practice. Miller’s criticisms are more wide-ranging. In response, the article argues that Lockean labor-based property rights are both stronger and more enduring than Miller suggests and that nationalism’s resources for dealing with concerns about rights-supersession and trapped minorities are importantly overstated by Miller. Against Stilz’s Kantian, ‘presentist’ account of states’ authority over persons and territories, it is argued that the rectification of past wrongs remains morally crucial even in the context of otherwise-just societies and that Stilz’s Kantian/rawlsian position unconvincingly privileges the rights to autonomy of territorially concentrated groups over those of dissenting individuals or wrongfully dispersed groups. (shrink)

Philosophy &Public Affairs, Volume 47, Issue 2, Page 144-178, Spring 2019.