Even if preventive military counter-terrorism may sometimes be ethically justifiable, it remains an open question whether the Bush Doctrine presents a discursively coherent account of the relevant normative conditions. With a view towards answering this question, this article critically examines efforts to ground the morally personifying language of the Bush Doctrine in term of hegemonic stability theory. Particular critical attention is paid to the arguments of leading proponents of this brand of game theory, including J. Yoo, E. Posner, A. Sykes, (...) and J. Goldsmith. When examined in their terms, the Bush Doctine is best understood as an ethically hypocritical and shortsighted international discursive strategy. Its use of moralistic language in demonizing 'rogue states' for purely amoral purposes is normatively incoherent and discursively unsustainable. If it is a strategically rational piece of international communication, it seems designed to undermine globally shared normative meanings for the sake of short-term unilateral military advantage. (shrink)

Even if preventive military counter-terrorism may sometimes be ethically justifiable, it remains an open question whether the Bush Doctrine presented a discursively coherent account of the relevant normative conditions. With a view towards answering this question, this article critically examines efforts to ground the morally personifying language of the Bush Doctrine in term of hegemonic stability theory. Particular critical attention is paid to the arguments of leading proponents of this brand of game theory, including J. Yoo, E. Posner, A. Sykes, (...) and J. Goldsmith. When examined in their terms, the Bush Doctine is best understood as an ethically hypocritical and shortsighted international discursive strategy. Its use of moralistic language in demonizing ‘rogue states’ for purely amoral purposes is normatively incoherent and discursively unsustainable. If it is a strategically rational piece of international communication, it seems designed to undermine globally shared normative meanings for the sake of short-term unilateral military advantage. (shrink)

The fair-play theory of punishment claims that the state is justified in imposing additional burdens on law-breakers, to remove the unfair advantage the latter have enjoyed by disobeying the law. From this perspective, punishment reestablishes a fair distribution of benefits and burdens among all citizens. In this paper, I object to this view by focusing on the case of civil disobedience. I argue that the mere illegality of this conduct is insufficient to establish the agent’s unfair advantage over his lawabiding (...) fellows, hence the imposition of additional burdens upon him through legal punishment. I articulate a broader account of citizens’ fair-play duties, able to capture disobedience as well as obedience to the law. While claiming that some law-breakers may not be treated as free-riders, I also gesture at the fact that some law-obeying citizens may not be ‘playing fair’: in some cases, a failure to engage in civil disobedience represents a failure to do one’s own part within the cooperative scheme of society. (shrink)

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...) I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument. (shrink)

International law has one principal mechanism for settling the legality of humanitarian interventions, the United Nations Security Council's power to authorise coercion. However, this is hardly satisfactory in practice and has failed to provide a more secure juridical basis for determining significant conflicts among states over when humanitarian force is justified. This article argues that, in spite of Immanuel Kant's limited analysis of intervention, and his silence on humanitarian intervention, his political theory provides the elements of a compelling analysis on (...) this topic. Five components of Kant's roadmap towards perpetual peace and an eventual world republic give conditional support for humanitarian intervention even in imperfect juridical conditions. This support is conditional on the achievement of juridical progress within and among states and has implications for the development of cosmopolitan citizenship. From Kant we learn that, ultimately, humanitarian intervention should become a matter of coercive law enforcement rather than an ethical question of ‘saving strangers’. (shrink)

Many historical and recent forms of protest usually referred to as civil disobedience do not fit the standard philosophical definition of “civil disobedience”. The moral and political importance of this point is explained in section 1, and two theoretical lessons are drawn: one, we should broaden the concept of civil disobedience, and two, we should start thinking about uncivil disobedience. Section 2 is devoted to the main objections against, and theorists' defenses of, civil disobedience.

Imagine that you are a farmer living in Kenya. Though you work hard to sell your produce to foreign markets you find yourself unable to do so because affluent countries subsidize their own farmers and erect barriers to trade, like tariffs, thereby undercutting you in the marketplace. As a consequence of their actions you languish in poverty despite your very best efforts. Or, imagine that you are a peasant whose livelihood depends on working in the fields in Indonesia and you (...) are forcibly displaced from your land by a biofuels company because corrupt government officials have stolen the land and sold it to the company. Or, suppose that you work on the coast of Bangladesh but find that increasingly you are unable to cope with salination resulting from sealevel rise – a product of anthropogenic climate change. These, I believe, are cases of global injustice. My question is: What are those who bear the brunt of global injustice entitled to do to secure their, and other people’s, entitlements? Often people focus on the duties of the affluent to respect and uphold the rights of the disadvantaged. This is understandable. But there is a striking omission. Rarely do people analyze, or even mention, what those who lack their entitlements are entitled to do to secure their own rights. This is my focus in this paper. More specifically, I examine what agents are entitled to do to change the underlying social, economic and political practices and structures in a more just direction. (shrink)