Sixteenth-century Spanish thought is constitutive of an established, though insufficiently studied, tradition of European political theorizing. As against the politics of Machiavellism, the Spanish tradition argued in favor of an ethical perspective on statecraft. As an introduction to the subject, this article addresses key concepts set forth by the Dominican theologian-jurist Francisco de Vitoria regarding the natural foundations and teleology of the state and its coercive power. Terms such as "natural law", "dominium", and "perfect community" describe the Thomistic (...) basis of his political philosophy and illustrate the moral significance and legitimate basis of political society in early modern Spanish politico-theological thought. El pensamiento español del siglo XVI constituye una tradición establecida de teorización política europea poco estudiada en los círculos académicos angloparlantes. En contraste con el maquiavelismo, la tradición española argumentó a favor de una perspectiva ética en torno al arte de gobernar. Como introducción a dicha temática, se abordan los conceptos clave establecidos por Francisco de Vitoria res-pecto de los fundamentos naturales y la teleología del Estado y su poder coercitivo. Conceptos tales como "ley natural", "dominio" y "comunidad perfecta" describen la base tomista de su filosofía política e ilustran el significado moral y fundamento legítimo de la sociedad política en el pensamiento político-teológico de la época. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, such (...) discontinuities fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

According to the coercive approach to distributive justice, the coercive nature of the political state requires justification in the form of distributive benefits owed only to members of the state. In this paper I analyze and dismiss traditional objections to the coercive approach, and I proceed to raise two novel objections. First, according to my equivocation objection, I contend that the coercive approach’s leap from coercive burdens to certain distributive benefits is based (...) on an equivocation. When this equivocation is clarified, the conclusion of the coercive approach is undermined. Attempts to circumvent the equivocation inevitably lead to my second objection, the coercion as cooperation objection. Through this objection it becomes clear that the coercive approach collapses into the cooperative approach, an approach to distributive justice that may change the scope of distributional obligations beyond that of the political state. (shrink)

The debate over what constituted the most effective means of political control—governance through moral suasion or through coercive measures—was one that came to define the main battle lines between the Confucians and their “Legalist” rivals over the course of Warring States period China. While the importance of this debate is by no means new, recently unearthed Warring States manuscripts have done much to help shed new light upon the emergence of this debate: in particular the Chu-region bamboo manuscripts of (...) Guodian 郭店楚墓竹簡, which reveal the extent to which this issue was already at the forefront of Confucian thought by the mid-to-late fourth century bce. This paper discusses how these manuscript texts go about making the argument against coercive order and for rulership through ritual and musical education, which they do, in short, by staking the claim that the latter derive ultimately from human nature itself and, because of this, are the only true and natural means of successfully guiding and controlling it. (shrink)

In this brief reply to Anne Margaret Baxley’s comments on my paper, “Exiting the State and Debunking the State of Nature,” I respond to her two critical worries about my thesis that there is an unbridgeable gap between Kant’s political theory, which is classically liberal, and his ethics/theory of enlightenment/moral theology, which is anarchist: that Kant’s strong moral epistemic skepticism in the Groundwork about knowing the true motives of our choices and actions, requires coercive State (...) intervention in order to ensure that we heed mutual relations of external freedom and do our juridical duties, and that the overall crookedness of the human timber, i.e., our almost inevitable empirical tendency to fall short of autocracy, requires the very same State interventions for the very same moral-political straightening purposes. I argue that Kant isn’t the moral epistemic skeptic he’s standardly taken to be—on the contrary, we have veridical, direct, occurrent, essentially non-conceptual, non-empirical awareness of autonomous choices and actions, via The Fact of Reason, and that coercing people to be morally good necessarily undermines the moral worth of their choices and actions and turns them into nothing but well-oiled, law-abiding robots of the State—so we must exit the State in order to belong to an ethical community instead, i.e., Kantian anarchism; hence my unbridgeable-gap thesis still stands. I end by self-advertising for existential Kantian cosmopolitan anarchism. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature (...) and shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

Against a widely-held interpretation of Kant’s political philosophy, according to which Kant holds that all finite rational beings have an innate right to freedom as well as a duty to enter into a civil condition governed by a social contract in order to preserve that freedom, Robert Hanna contends that Kant is in fact an anarchist. Hanna’s argument for his novel thesis that Kant ultimately views the State as an unjustifiably coercive institution that should be eliminated depends heavily (...) on the claim there is an outright conflict between Kant’s political theory in The Doctrine of Right and Kant’s ethics. I argue that we should resist Hanna’s provocative claim that Kant’s ethics directly falsifies his official political theory. Further, I suggest that even morally autonomous Kantian angels need the State to guarantee the protection of their external freedom and to promote justice. (shrink)

Limited air strikes present an attractive “middle-ground approach” for policymakers, as they are less costly to coercers than deploying troops on the ground. Policymakers believe that threatening and employing limited air strikes signal their resolve to targets. In this essay, as part of the roundtable on “The Ethics of Limited Strikes,” I debunk this fallacy and explain how the same factors that make limited air strikes attractive to coercers are also those that undermine their efficacy as a coercive tool (...) of foreign policy. The limited nature of these air strikes undermines the ability of coercers to effectively signal their resolve. In turn, coercive threats of limited air strikes are less likely to be credible, creating a vicious cycle: policymakers threaten to employ air strikes because they are less costly but then often need to follow through on those threats as target states fail to acquiesce to their demands, precisely because limited air strikes are less costly for the coercer. Limited air strikes, therefore, can actually be a source of conflict escalation and lead policymakers to engage in military action that they would prefer to avoid. I further explain why failing to follow through on such coercive threats can undermine a leader's reputation for resolve and lead to future crisis escalation. Finally, I discuss what this quagmire means for the ethics of the threat and the use of air strikes, particularly for the principles of right intention, likelihood of success, and probability of escalation. (shrink)

THE NATURE OF THE STATE CHAPTER I INTRODUCTORY : SCOPE OF THE WORK The term " sociology" in its broadest meaning embraces the systematic treatment of all ...

The first wave of philosophical work on global justice focused largely on the distribution of economic resources, and on the development or reformation of institutions relevant thereto. More recently, however, the horizon has broadened significantly, to also include a concern with the global spread of the right to live under reasonable legal institutions and representative forms of government (cf. “a human right to democracy”). Thus, while the first wave was focused primarily on international (non-territorial) institutions, later work has also brought (...) critical focus to bear on domestic institutions traditionally assumed to be protected by rights of state sovereignty. This naturally raises the question of whether, when, and how the international community can coercively intervene in issues falling under assumed to fall under domestic jurisdiction. Many theorists of global justice will accept, however reluctantly, that coercive means such as military force may be used (even unilaterally, if necessary) to halt a government’s mass atrocities against its civilian population (so-called “humanitarian intervention”). They are, however, for the most part firmly opposed to the use of military force as a tool to force regime change or democratic reform. I will discuss the viability of this stance along two dimensions: (i) can we draw a morally relevant distinction between humanitarian intervention and regime change policies? (ii) can we draw a morally relevant distinction between the use of military force as a policy tool and the use of other kinds of coercive measures such as economic sanctions? (shrink)

Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory (...) of Legal Obligation : Social Pressure, Coercive Enforcement, and the Legal Obligations of Citizens -- Law and the Entitlement to Coerce -- Part III. Conceptual Analysis -- Farewell to Conceptual Analysis (in Jurisprudence) -- What Do We Want Law to Be? Philosophical Analysis and the Concept of Law -- Part IV. New Directions -- Legal as a Thick Concept -- Making Old Questions New : Legality, Legal System, and State -- Legal Disagreements and the Dual Nature of Law -- Is There One Right Answer to the Question of the Nature of Law? (shrink)

Private-property anarchy is better than the state in the enhancement of liberty and welfare. Strictly speaking, market exchange is one aspect of private-property anarchy. But I here focus on market-anarchy as that is a main source of confusion and debate. Similarly, pluralism is another aspect of privateproperty anarchy. I focus on pluralism as an example of a currently popular topic where private-property anarchy is misunderstood. ‘Pluralism’ here means ‘(tolerating) different ways of life’. ‘The market’ means ‘voluntary exchange’. ‘Anarchy’ means (...) ‘no rule’. Both interpersonal liberty and private property are inherently anarchic: no one is ruled to the extent that these exist. They are also naturally pluralist. The state, by contrast, coercively imposes ultimate control and is thus inherently illiberal and naturally Procrustean. Democratic prejudice obscures these facts. (shrink)

This article isolates ten prepositions, which constitute the undercurrent paradigm of contemporary discourse of health disease and medicine. Discussion of the interrelationship between those prepositions leads to a systematic refutation of this paradigm. An alternative set is being forwarded. The key notions of the existing paradigm are that health is the natural condition of humankind and that disease is a deviance from that nature. Natural things are harmonious and healthy while human made artifacts are coercive interference with natural (...) balance. It is suggested that the current paradigm is influenced by the world of finances and by instrumental reason. The alternative model suggests that human nature cannot be delineated. Humans fashion their own selves and nature by artificial means, medicine among them. The article discusses the implications of the paradigm adapted in various scholarly and popular debates such as the use of sex hormones for contraception, the care of the elderly, holistic medicine and distributive justice in health care. Medicine is not an isolated or a privileged realm. There is no unique entitlement to health care. It is always part of a broader agenda of social values and institutions. A open view of human societies, values and practices as they are situated within concrete material conditions is the platform required for an integrative and creative discourse of health care. (shrink)

This chapter contains sections titled: The Concept of Neutrality Liberal Moral Neutrality Liberal Political Neutrality The Implications of Liberal Political Neutrality Notes.

This article grasps the coercive character often associated to research impact metrics, in the wake of the ever-growing use of quantitative indicators for the evaluation of the academic performance. It does so by taking a Marxian perspective which underscores what are the historically determined attributes of academic labour that the functioning of impact metrics embodies, unfolding thereby what ‘impact’ really means concerning said social attributes of the scientific enterprise. Science communication via social media, and the array of metrics and (...) indicators surrounding it, known as alternative metrics or altmetrics, are taken as a case study. This study concludes that the coercive nature of research impact metrics is grounded on the private and independent character taken by social labour in capitalist production, an historically determined form of the social reproduction that asks for academic production to be organised and regulated in an indirect fashion, behind the backs of producers themselves – in the particular case of science, by means of quantitative indicators and performance metrics. As research impact metrics bear the power to determine how and to what extent academic labourers contribute to the general productive process, their will and consciousness become thus subsumed to such reified social subject. (shrink)

It is easy and popular these days to be a political liberal. Compared to ‘ethical liberals’, who justify the use of state power by way of one or another conception of people's true moral nature, ‘political liberals’ seek a less controversial foundation for liberal politics. Pioneered within the past twenty years by John Rawls and Charles Larmore, the ‘political liberal’ approach seeks to justify the coercive power of the state by reference to general political ideas about (...) persons and society. Since it abandons the debates about personal moral value that have historically dogged liberal theory, political liberalism offers itself as a more latitudinarian, indeed a more liberal, form of liberalism. Being a political liberal is not the only way to be a good liberal, but this approach has become prevalent enough that I shall focus upon it here. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers (...) and prerogatives. A state-of-nature theory has three components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

New modes of environmental regulation are said to have transcended the public/private divide. These new regulatory schemes - referred to as non-coercive orderings, self-regulation, co-regulation, metaregulation and social regulation - set aside the formal nature of the regulating entity, the regulated entity, and the tools of regulation. Instead of asking whether the means, objects and formulators of the regulation are public or private, the focus lies on the substance and effectiveness of the regulation in mitigating environmental harms. In (...) this Article we argue that despite these claims, often advanced by new governance proponents, the public/private divide in in fact alive and well, informing and impacting the ways in which various regulatory schemes are justified and legitimated. We exemplify this argument through an analysis of the role of three entities in international environmental regulation: the state, local governments, and civil society entities. This Article then suggests three consequences of the persistence of the public/private dichotomy and its denial: it produces a “tilt” towards the private; it tends to hide conflicts and disagreements, projecting an image of a frictionless world; and it prevents an imagination of a different world that transcends the structure of social life embedded in it. (shrink)

This paper contributes to recent discussions on ideal anarchism vs. ideal statism. I argue, contra ideal anarchists, that coercive state institutions would be justified even in a society populated by morally perfect individuals. My defense of ideal statism is novel in that it highlights the moral benefits of state coercion. Rather than the practical effects on individual compliance or the distributive outcomes that follow therefrom, coercive state institutions are justified through the moral benefits they provide. (...) The state is morally beneficial because it a) lessens the demands on the will that fall on agents under ideal anarchism, and b) counters the structural domination that follows from differences in natural endowments. By shifting the focus of the debate from feasibility to desirability, the paper exposes the flaws of ideal anarchism and provides new insights into the moral value of the state. (shrink)

This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but (...) in the name of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State. (shrink)

|The Wisconsin Center for the Study of Liberal | |Democracy is located on the University of | |Wisconsin-Madison campus. The missions of the Center| |are to promote critical understanding and | |appreciation of the cardinal principles and | |institutions of liberal democracy, and to advance | |intellectual diversity on campus by the presentation | |of all relevant viewpoints pertaining to liberal |.

This paper addresses the role of global migration and the nature of national borders within the co-constitution of class and race. We begin with Marx’s critique of the value-form – a critique that rests upon a distinction between the ‘essence’ of social reality and its immediate appearances. The paper elaborates how Marx’s understanding of the emergence of a society based upon generalised commodity production leads to a certain conception of the ‘political state’ and citizenship – and thus borders (...) and national belonging. This reveals the distinctive territorial forms of capitalism vis-à-vis those found in pre-capitalist societies, and moves us away from transhistorical conceptions of borders and the nation-state. In the second half, the paper turns to look at what this conception of borders and migration might mean concretely for how we think about the co-constitution of race and class today. Here the focus is on three crucial aspects of the contemporary world market: (1) the relationship between the cross-border movements of labour and processes of class formation, (2) migration and the determination of the value of labour-power, and (3) coercive and unfree labour. (shrink)

It is widely assumed that the explanatory states of scientific psychology are type-individuated by their semantic or intentional properties. First, I argue that this assumption is implausible for theories like David Marr's [1982] that seek to provide computational or syntactic explanations of psychological processes. Second, I examine the implications of this conclusion for the debate over psychological individualism. While most philosophers suppose that syntactic states supervene on the intrinsic physical states of information-processing systems, I contend they may not. Syntatic descriptions (...) must be adequately constrained, and the most plausible such constraints appeal to a system's teleological function or design and hence to its history. As a result, physical twins may not realize the same syntactic states. (shrink)

The ' state of nature ' could be understood in two senses; both in terms of its nature 's current condition and of that unmediated and pre-contractual relation between humanity and the environment posited by political philosophers like Locke and Rousseau and now championed by anarcho- primitivism. Primitivism is easily dismissed as an extreme, naïve and impractical form of radical environmentalism but its emergence signifies contemporary disaffection with the ideology of 'progress' so central to modernity and capitalism. (...) This paper offers an ethico-political interpretation of primitivism 's critical relation to modernity in terms of the dialectic between amorality and immorality within what is characterised as modernity's ' culture of contamination '. (shrink)

Kant’s Religion postulates the idea of an ethical community as a necessary requirement for humanity to become good. Few interpreters acknowledge Kant’s claims that realizing this idea requires building a “church” characterized by unity, integrity, freedom, and unchangeability, and that this new form of community is a non-coercive version of theocracy. Traditional theocracy replaces the political state of nature with an ethical state of nature ; non-coercive theocracy transcends this distinction, uniting humanity in a (...) common vision of a divine legislator whose legislation is inward: the law of love binds church members together like families. (shrink)

Panarchy suggests that an optimal framework for the emergence of the best states is that of free competition between states. In Panarchy, people and states negotiate the relationships between them, as sellers and buyers and formalize them in explicit social contracts. Different states may offer varying levels of services in areas such as health, education, and social security for different prices. Low costs for consumer mobility from state to state are necessary for competition. These can be optimized by (...) non-territorial states that offer services to citizens instead of rule a territory and compete over customers in a political market. The right of such states to coerce their clients differentiates them from mere protective associations, and is founded on explicit social contracts (law codes) rather than on monopoly over territory-- sovereignty. First, I explicate the unique properties of Panarchy, non-territorial states and explicit social contracts. Then, following the theories of Douglass North (1986) and Albert Hirschman (1970) I explain why Panarchy appears to be an appropriate framework for avoiding political monopolies and increasing political competitiveness and efficiency through cheap exit mechanisms. Then, I consider possible challenges to Panarchy: Panarchy may be utopian if the state is a natural monopoly; Panarchy does not advocate any political utopia but it may reify the utopian element to the meta-political level, to the preconditions for the emergence of the best states. If non-territorial states are inconsistent with human nature, they may be utopian. I also consider possible ethical objections to Panarchy. I argue that: The territorial sovereign state is not a natural monopoly. A free market in non-territorial states does not have to assume a coercive monopoly regulatory “super-state.” The territoriality of the state is not natural. Though there are valid ethical criticisms of Panarchy, from a utilitarian perspective, they are outweighed by ethical arguments that support it. Finally, I argue that several recent technological innovations have rendered the sovereign nation-state increasingly obsolete, while facilitating and reducing the costs of establishing Panarchy and running non-territorial states. (shrink)

In this new study the authors examine a range of theories about the state of nature in seventeenth- and eighteenth-century England, considering the contribution they made to the period's discourse on sovereignty and their impact on literary activity. Texts examined include Leviathan, Oceana, Paradise Lost, Discourses Concerning Government, Two Treatises on Government, Don Sebastian, Oronooko, The New Atalantis, Robinson Crusoe, Dissertation upon Parties, David Simple, and Tom Jones. The state of nature is identified as an important (...) organizing principle for narratives in the century running from the Civil War through to the second Jacobite Rebellion, and as a way of situating the author within either a reactionary or a radical political tradition. The Discourse of Sovereignty provides an exciting new perspective on the intellectual history of this fascinating period. (shrink)

ABSTRACT This article aspires to make two original contributions to the vast literature on Hobbes’s account of the nature and person of the commonwealth: (1) I provide the first systematic analysis of his changing conception of ‘person’; and (2) use it to show that those who claim that the Hobbesian commonwealth is created by personation by fiction misconstrue his theory of the state. Whereas Elements/de Cive advance a metaphysics-based distinction between individuals (‘natural persons’) and corporations (‘civil persons’), from (...) Leviathan onwards Hobbes contrasts individuals acting in their own name (‘natural persons’) with representatives (‘artificial persons’). These changes notwithstanding, Hobbes retains the same corporate conception of the state throughout. On the prevailing ‘fictionalist’ interpretation, the sovereign brings the commonwealth into existence by representing it. I argue, rather, that as an incorporation of natural persons, the commonwealth becomes one person through the authorized (i.e. non-fictitious) representation of each constituent member singly by one common representative (‘the sovereign’). (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Readers of Hobbes have often seen his Leviathan as a deeply paradoxical work. On one hand, recognizing that no sovereign could ever wield enough coercive power to maintain social order, the text recommends that the state enhance its power ideologically, by tightly controlling the apparatuses of public discourse and socialization. The state must cultivate an image of itself as a mortal god of nearly unlimited power, to overpower its subjects and instil enough fear to win obedience. On (...) the other hand, by drawing explicit attention to the ideological and partly illusory bases of the state’s power, Leviathan, itself construed as a political intervention designed to appeal to a broad English readership, appears to undermine the very program it recommends. Indeed, many have argued that Leviathan’s substantive political-philosophical doctrine is flatly at odds with the authority that Hobbes claimed for himself in order to advance that doctrine. The paradox, I argue, is only an apparent one. Precisely because Hobbes believed that in practice no one could ever become the mortal god that sovereignty requires, i.e., that the seat of sovereignty could never actually be securely occupied and fully represented by a mere mortal, he sought constantly to remind his readers of the precariousness of earthly sovereignty by pointing to its illusory basis. Far from seeking to undermine the sovereign, however, this reminder was designed to enhance readers’ fears, especially the fear that, despite the security they may enjoy today, the slightest misstep may lead them straight into the horrors of the state of nature. Hobbes’s purpose was, in other words, to enhance the sovereign’s power, not by enhancing our fear of him, but of his absence. Ironically, this is also in part why Hobbes insisted on the individual’s inalienable right of self-defence, an insistence that has puzzled many of his readers, given Hobbes’s obvious wish to defend absolute, unlimited sovereignty. Its political function is not to provide a covert justification for resistance theories. Rather, by reminding his readers of their right but doing so while addressing them as isolated atoms whose resistance would be hopeless, Hobbes sought to remind each one of the ultimate impossibility of securely filling the seat of sovereignty, without encouraging anyone actually to resist the most promising pretender. Like God-talk, Hobbes’s representations of sovereign power do not ultimately comprise descriptive propositions at all: they are expressions of praise and honour designed to help create the very thing they purport to describe. Hobbes was keenly aware that indivisible state sovereignty is an ideological construct whose terms are never ever fully realized in practice. (shrink)

In this paper I aim to state the nature of the humanities, contrasting them with the natural sciences. I argue that, compared with the natural sciences, the humanities have their own objects, their own aims, and their own methods.

This paper has a twofold aim in determining who should be granted electoral rights at the state level, one negative and another positive. The negative part deconstructs the link between state-level political membership and citizenship and contests naturalization procedures. This approach argues that naturalization procedures, when coercively used as a necessary condition for accessing electoral rights at the state level, are both inconsistent with liberal democratic ideals and an inexcusable practice in liberal democratic states. The positive part (...) of the paper seeks to establish what – if not the acquisition of citizenship –could determine state-level political membership for non-citizens. In other words, it attempts to explain how and in what conditions non-citizens may become political members of a state without naturalizing. This approach considers the most prominent arguments that base state-level political membership on residency, i.e. residency as a legal status granted by the previous members of the community and residency as physical presence within a defined jurisdiction. It argues that, in a world of increasing human mobility across borders, while the former way of understanding residency might be too restrictive, the latter might be too banal to forge membership ties that form a political community. Domicile is the proposed alternative, introduced as a type of residency that is self-given and remains stable despite numerous changes of residency. Domicile is a legal term that indicates where a person officially registers her permanent home even when residing abroad. In sum, this is an argument against naturalization as the access door for electoral rights at the state level and in favor of defining membership in the political community based on domicile. (shrink)

In a quantum universe with a strong arrow of time, we postulate a low-entropy boundary condition to account for the temporal asymmetry. In this paper, I show that the Past Hypothesis also contains enough information to simplify the quantum ontology and define a unique initial condition in such a world. First, I introduce Density Matrix Realism, the thesis that the quantum universe is described by a fundamental density matrix that represents something objective. This stands in sharp contrast to Wave Function (...) Realism, the thesis that the quantum universe is described by a wave function that represents something objective. Second, I suggest that the Past Hypothesis is sufficient to determine a unique and simple density matrix. This is achieved by what I call the Initial Projection Hypothesis: the initial density matrix of the universe is the normalized projection onto the special low-dimensional Hilbert space. Third, because the initial quantum state is unique and simple, we have a strong case for the \emph{Nomological Thesis}: the initial quantum state of the universe is on a par with laws of nature. This new package of ideas has several interesting implications, including on the harmony between statistical mechanics and quantum mechanics, the dynamic unity of the universe and the subsystems, and the alleged conflict between Humean supervenience and quantum entanglement. (shrink)

A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.

The point of departure of this paper is Penrose's definition of conscious action as that in which stimulus and response are linked by a non‐algorithmic relationship, which Penrose defines as ‘understanding’. My purpose is to explore the nature of this understanding by means of a two‐step process. The first step is provided by Tononi's Integrated Information Theory of consciousness. This theory provides us with a quantitative measure of conscious states that we need to transform into qualitative meaning. In the (...) second step, we obtain this qualitative meaning with the help of the structuralist theory of mind. From this perspective, meaning originates in the set of qualitative contrasts that define the alternative courses of action that might have been implemented. Work on the analogy between quantitative bits and qualitative binary oppositions does not solve the hard problem of consciousness, but it might help to reformulate it in a new, productive way. (shrink)

Since theistic faith involves the notion of God as personally agential and since it faces difficulties in establishing its credibility in view both of problems in warrantably ascribing natural, historical and personal states to divine activity and of the counterevidence of evil, this paper takes up the story of a quadriplegic patient and certain remarks by Whitehead and Hartshorne to explore the viability of a concept of divine activity that is non-coercive but significant. In order to develop this concept (...) of God's agency and to warrant its credibility, the essential kenoticism of the divine is also discussed. (shrink)

At the same time as the modern idea of the state was taking shape, Hugo Grotius , Thomas Hobbes and Samuel Pufendorf formulated three distinctive foundational approaches to international order and law beyond the state. They differed in their views of obligation in the state of nature , in the extent to which they regarded these sovereign states as analogous to individuals in the state of nature, and in the effects they attributed to commerce (...) as a driver of sociability and of norm-structured interactions not dependent on an overarching state. Each built on shared Roman and sixteenth-century foundations . Section II argues: 1) that Grotius's natural law was not simply an anti-skeptical construction based on self-preservation , but continued a Roman legal tradition; 2) that Hobbes's account of natural law beyond the state was essentially prudential, not moral ; and 3) that commerce as a driver of social and moral order had a substantial and under-appreciated impact on international legal order. Each contributed to the thought of later writers such as Emer de Vattel , David Hume , and Adam Smith , and eventually to the empirical legal methodologies of Jeremy Bentham and Georg Friedrich von Martens. (shrink)