We can no longer speak of a state of war in any traditional sense, yet there is currently no viable theory to account for the manifold internal conflicts, or civil wars, that increasingly afflict the world's populations. Meant as a first step toward such a theory, Giorgio Agamben's latest book looks at how civil war was conceived of at two crucial moments in the history of Western thought: in ancient Athens and later, in the work of Thomas Hobbes. It identifies (...) civil war as the fundamental threshold of politicization in the West, an apparatus that over the course of history has alternately allowed for the de-politicization of citizenship and the mobilization of the unpolitical. The arguments herein, first conceived of in the immediate aftermath of 9/11, have become ever more relevant now that we have entered the age of planetary civil war. (shrink)

This is the English translation of Chapter One of Mutsu Bunmei Ron, which was published in Japanese in 2003. Since this book’s publication I have received many requests for an English translation from people around the world. I decided to begin by publishing this first chapter under the title Painless Civilization 1 and make it available to readers who have a keen interest in this topic. * The original text of this chapter was written in 1998, more than twenty (...) years ago, but I believe what I argued there is becoming increasingly important today. Painless civilization is a pathology of contemporary society. We will be pulled much deeper into a painless stream in the future. What is needed is the wisdom to see through the fundamental structure of our painless civilization and its relationship with the meaning of life. ** Modern society seems on the verge of being swallowed up by the pathology of “painless civilization.” I have written this book for people who, in the midst of anxiety studded with pleasure, joyless repetition, and a maze from which they cannot escape no matter how far they walk, nevertheless retain in some corner of their hearts a desire to live life fully and without regrets. * When we feel a vague anxiety, like being bound in gossamer cords, in the midst of modern society, we are perhaps intuitively sensing the existence of “painless civilization.” This book is an attempt to give words to this feeling that the reader has, I am sure, already experienced at least once in their life. (shrink)

Civility is often treated as an essential virtue in liberal democracies that promise to protect diversity as well as active disagreement in the public sphere. Yet the fear that our tolerant society faces a crisis of incivility is gaining ground. Politicians and public intellectuals call for "more civility" as the solution--but is civility really a virtue? Or is it something more sinister--a covert demand for conformity that silences dissent? Mere Civility sheds light on this tension in contemporary political theory and (...) practice by examining similar appeals to civility in early modern debates about religious toleration. In seventeenth-century England, figures as different as Roger Williams, Thomas Hobbes, and John Locke could agree that some restraint on the wars of words and "persecution of the tongue" between sectarians would be required; and yet, they recognized that the prosecution of incivility was often difficult to distinguish from persecution.--. (shrink)

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being (...) costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

This paper investigates civility from an Aristotelian perspective and has two objectives. The first is to offer a novel account of this virtue based on Aristotle’s remarks about civic friendship. The proposed account distinguishes two main components of civility—civic benevolence and civil deliberation—and shows how Aristotle’s insights can speak to the needs of our communities today. The notion of civil deliberation is then unpacked into three main dimensions: motivational, inquiry-related, and ethical. The second objective is to illustrate how the post-truth (...) condition—in particular, the spread of misinformation typical of the digital environments we inhabit—obstructs our capacity to cultivate the virtue of civility by impairing every component of civil deliberation. The paper hopes to direct virtue theorists’ attention to the need to foster civic virtues as a means of counteracting the negative aspects of the post-truth age. (shrink)

The goal of this article is to show that mainstream liberal accounts of civil disobedience fail to fully capture the latter’s specific characteristics as a genuinely political and democratic practice of contestation that is not reducible to an ethical or legal understanding either in terms of individual conscience or of fidelity to the rule of law. In developing this account in more detail, I first define civil disobedience with an aim of spelling out why the standard liberal model, while providing (...) a useful starting point, ultimately leads to an overly constrained, domesticated and sanitized understanding of this complex political practice. Second, I place the political practice of civil disobedience between two opposing poles: symbolic politics and real confrontation. I argue that the irreducible tension between these poles precisely accounts for its politicizing and democratizing potential. Finally, I briefly examine the role of civil disobedience in representative democracies, addressing a series of recent challenges made in response to this radically democratic understanding of disobedience. (shrink)

The vast majority of work on the ethics of war focuses on traditional wars between states. In this chapter, I aim to show that this is an oversight worth rectifying. My strategy will be largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts, and whether there are principled moral differences between the two types of case. Firstly, I argue that thinking about intrastate wars can help us make progress (...) on important theoretical debates in recent just war theory. Secondly, I consider whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national-defence. Finally, I assess the extent to which having popular support is an independent requirement of permissible war, and whether this renders insurgencies harder to justify than wars fought by functioning states. (shrink)

Includes bibliographical references and index.

While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience and Deliberative Democracy offers (...) a ‘deliberative’ theory, which constitutes an attractive synthesis of the two camps as it conceives of civil disobedience as a guardian of both justice and deliberative democracy. In this review essay, I first revisit the ‘problem’ of civil disobedience, examining in particular the two pillars of the case against civil disobedience as Smith depicts it, namely, the prohibition on legal disobedience established by the moral duty to comply, and the notion that civil disobedience strains the bonds of civic friendship. I suggest, contra, that the duty to comply as Smith defends it fails to be comprehensive because it is tightly bound to deliberative democratic procedures, which are involved in the making of only a portion of authoritative decisions; and, contra, that civil disobedience does not strain, but instead invigorates, civic friendship. Second, I entertain the possibility that citizens have a moral duty, not a mere right, to resist injustice. I show that Smith’s theory, in particular his account of the moral duty to comply, provides the resources to defend a general duty to resist injustice which, depending on the circumstances, can demand protesting the law or frustrating injustice. Third, I contend that Smith’s conception of the different contexts of injustice—he identifies three main ones—should be expanded to include what I call ‘official disrespect’ and ‘deliberative ignorance’. I argue that each context offers reasons to disobey the law but not necessarily in the civil manner determined by Smith. (shrink)

La Guerra Civil fue una experiencia decisiva en la evolución del pensamiento de María Zambrano. Entendida y vivida como una tragedia cuyo sujeto es el pueblo, personificación de lo más elemental de la condición humana en su lucha contra el fascismo, esa experiencia abolió cualquier razón en clave idealista y reductora de la vida. En su lugar y en diálogo íntimo con la poesía de Antonio Machado, Zambrano elaborará una razón amorosa que retoma su reflexión anterior a la guerra y (...) la proyecta hacia una razón poética que, ya en el exilio y ante la imposibilidad de una redención de la tragedia, tendrá que orientarse hacia una interioridad radical. (shrink)

In 1992, the Frankfurt scholar Ingeborg Maus launched a polemical attack against then current narratives of democratic protest, objecting to the languages of ‘resistance’ or ‘civil disobedience’ as defensive, servile and insufficiently transformative. This article explores in how far the language of constituent power can be adopted as an alternative justificatory strategy for civil disobedience in transnational protests. In contrast to current approaches that look at states as agents of international civil disobedience-as-constituent power, I suggest we look at political movements. (...) I focus on the example of the Democracy in Europe Movement 2025 which understands itself as a pan-European movement of civil disobedience, at the same time working towards an articulation and exercise of constituent power among the people of Europe. In the final section, I sharpen the criteria for the invocation of constituent power in transnational protest in distinguishing between its articulation, activation and... (shrink)

In this article, I assess Jürgen Habermas’s defence of civil disobedience as ’the guardian of legitimacy’ in democratic societies. I suggest that, despite its appeal, the defence as it stands is incomplete. The problem relates to his account of the justification of this mode of protest. Although Habermas wants to defend civil disobedience as a response to inadequacies in deliberative democratic procedures, he does not provide us with a clear and compelling account of these inadequacies. In order to provide such (...) an account, I examine the various ways in which the illegitimate circulation of social power can distort democratic processes. Civil disobedience can be seen as a legitimate response to inequalities in social power, a defence that builds on the strengths of Habermas’s approach while transcending its limitations. [PUBLICATION ABSTRACT]. (shrink)

Machine generated contents note: Part I. Machiavelli, Hobbes, Rousseau: Three Versions of the Civil Religion Project: 1. Rousseau's problem; 2. The Machiavellian solution: paganization of Christianity; 3. Moses and Mohammed as founder-princes or legislators; 4. Re-founding and 'filiacide': Machiavelli's debt to Christianity; 5. The Hobbesian solution: Judaicization of Christianity; 6. Behemoth: Hobbesian 'theocracy' versus the real thing; 7. Geneva Manuscript: the apparent availability of a Rousseauian solution; 8. Social Contract: the ultimate unavailability of a Rousseauian solution; Part II. Responses to (...) (and Partial Incorporations of) Civil Religion within the Liberal Tradition: 9. Baruch Spinoza: from civil religion to liberalism; 10. Philosophy and piety: problems in Spinoza's case for liberalism (owing to a partial reversion to civil religion); 11. Spinoza's interpretation of the Commonwealth of the Hebrews, and why civil religion is a continuing presence in his version of liberalism; 12. John Locke: the liberal paradigm; 13. 'The gods of the philosophers' I: Locke and John Toland; 14. Bayle's republic of atheists; 15. Montesquieu's pluralized civil religion; 16. The Straussian rejection of the enlightenment as applied to Bayle and Montesquieu; 17. 'The gods of the philosophers' II: Rousseau and Kant; 18. Hume as a successor to Bayle; 19. Adam Smith's sequal to Hume (and Hobbes); 20. Christianity as civil religion: Tocqueville's response to Rousseau; 21. John Stuart Mill's project to turn atheism into a religion; 22. Mill's critics; 23. John Rawls's genealogy of liberalism; 24. Prosaic liberalism: Montesquieu versus Machiavelli, Rousseau, Nietzsche; Part III. Theocratic Responses to Liberalism: 25. Joseph de Maistre: the theocratic paradigm; 26. Maistrean politics; 27. Maistre and Rousseau: theocracy versus civil religion; 28. Carl Schmitt's 'theocratic' critique of Hobbes; Part IV. Post-Modern 'Theism': Nietzsche and Heidegger's Continuing Revolt Against Liberalism: 29. Nietzsche, Weber, Freud: the twentieth century confronts the death of God; 30. Nietzsche's civil religion; 31. Heidegger's sequel to Nietzsche: the longing for new gods; 32. Conclusion. (shrink)

Contends that Freud's theory of civilization is substantially sociological, and examines the philosophical and sociological implications of key Freudian ...

The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz and Singer. Hugo Adam (...) Bedau's introduction sets out the issues and shows how the various authors shed light on each aspect of them. (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.

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...

In this book Sharon Krause argues that moral and political deliberation must incorporate passions, even as she insists on the value of impartiality.

Though all of the principal features of Rawls's definition of civil disobedience are in varying degrees unacceptable, one of these consists of the fertile but unargued suggestion that civil disobedience is a mode of address. The first half of the paper tests this by construing civil disobedience as a vehicle of non?natural meaning (but not necessarily of linguistic non?natural meaning) and so as operating the Gricean mechanism of a hierarchy of intentions and beliefs. This feature is absent from other definitions (...) but is essential if other kinds of conscientious illegality are to be contrasted. In the second half a definition is arrived at through rejections or modifications of the other Rawlsian conditions and by reference to some recent accounts of force and violence. It is hoped that the definition has the double advantage of being broadly congruent with our intuitions and of supplying a theoretical underpinning for what it includes and excludes. (shrink)

In 2007 the Chinese government embraced ‘ecological civilization’ as a central policy objective of the government. In 2012, the goal of achieving ecological civilization was incorporated into its constitution as a framework for China’s environmental policies, laws and education, and was included as a goal in its five-year plans. In 2017, the 19th Congress of the Communist Party called for acceleration in achieving this goal. Expenditure on technology to ameliorate environmental damage, reduce pollution and reduce greenhouse gas emissions (...) has been massively increased. It is also presented and promoted as a vision for our global future, in Cornelius Castoriadis’ terminology, a new social imaginary. (shrink)

In this classic work, Herbert Marcuse takes as his starting point Freud's statement that civilization is based on the permanent subjugation of the human instincts, his reconstruction of the prehistory of mankind - to an interpretation of the basic trends of western civilization, stressing the philosophical and sociological implications.

We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range (...) of morally important rituals in organizational life and that managers should preserve and develop the intelligibility and integrity of many of these rituals. (shrink)

This article responds to William Scheuerman’s analysis of Edward Snowden as someone whose acts fit within John Rawls’ account of civil disobedience understood as a public, non-violent, conscientious breach of law performed with overall fidelity to law and a willingness to accept punishment. It rejects the narrow Rawlsian notion in favour of a broader notion of civil disobedience understood as a constrained, conscientious and communicative breach of law that demonstrates opposition to law or policy and a desire for lasting change. (...) The article shows that, according to Rawls’ unduly narrow conception, Edward Snowden is not a civil disobedient. But, according to the more plausible, broader conception, he is. It then identifies some advantages of the broader conception in contemporary analyses of new forms of disobedience, including globalized disobedience and digital disobedience. (shrink)

Those arguing that conscientious objection in medicine should be declared unethical by professional societies face the following challenge: conscientious objection can function as an important reforming mechanism when it involves health care workers refusing to participate in certain medical interventions deemed standard of care and legally sanctioned but which undermine patients’ rights. In such cases, the argument goes, far from being unethical, conscientious objection may actually be a professional duty. I examine this sort of challenge and ultimately argue that these (...) acts of conscience done in the interest of reforming professional norms or medical regulations are best understood as episodes of civil disobedience rather than episodes of conscientious objection. In contrast to the private, exempting nature of conscientious objection, civil disobedience is a public breach of a norm or law undertaken with the aim of bringing about a change in governmental policies or professional standards. Consequently, clinicians may have a duty to engage in civil disobedience even while professional societies are right to declare limitations on the ethical appropriateness of conscientious objection. (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)

In this classic work, Herbert Marcuse takes as his starting point Freud's statement that civilization is based on the permanent subjugation of the human instincts, his reconstruction of the prehistory of mankind - to an interpretation of the basic trends of western civilization, stressing the philosophical and sociological implications.

Bringing together normative political theory and recent empirical research on the state, the essay examines the challenges posed by the postnationalization and privatization of state authority to conventional accounts of civil disobedience. It does so by taking a careful look at John Rawls’ influential theory of civil disobedience along with its oftentimes neglected implicit assumptions about state and society, assumptions which turn out to have reproduced commonplace postwar statist and Westphalian ideas, including the optimistic view that the liberal democratic nation (...) state should prove up to the task of successfully regulating and perhaps civilizing capitalism. Postnationalization and privatization render those assumptions problematic. Consequently, the Rawlsian model that was partly constructed on them becomes problematic as well. However, some of its features transcend the obsolescent empirical assumptions on which it was implicitly built. Theorists of civil disobedience should not just deconstruct but also reconstruct the Rawlsian account of civil disobedience. Postnationalization and privatization may leave us with a bare-bones version of the Rawlsian original. Yet bare bones arguably remain better than no bones. (shrink)

In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not adequately (...) justified by the arguments given in favor of them. Importantly, this is not to say that states ought not impose restrictive lockdown measures, but rather that the extent of the acceptance of these measures is not proportionate to the strength of the arguments for lockdowns. -/- We begin by exploring the case for restrictive lockdowns. We first argue that several of the principles that are used to justify the lockdowns yield unexpectedly revisionary implications for other political problems that many would be unwilling to accept. We then outline what we consider the strongest argument for a lockdown—namely, that its net welfare benefits are great enough to defeat the moral presumption against restricting citizens’ civil liberties to move, work, and assemble. However, we give a number of reasons for doubting that the lockdown’s net welfare benefits are, in fact, sufficiently high to defeat the presumption against it. (shrink)

This paper compares and evaluates two forms of dissent: civil disobedience — protests by citizens against the laws or actions of their government; and whistleblowing — disclosure by employees of illegal, immoral or questionable practices by their employees. Each is identified, the conceptual issues are distinguished from strategic and normative ones and parallel moral questions posed. Should one first dissent within prescribed channels before going outside them? Should one act publicly or is withholding one's identity permissible or desirable? What is (...) the basis and limits for one's loyalty to one's country or employer, and how can transgressing these limits be morally justified? (shrink)

The twenty-first century presents a major challenge for civil engineering. The magnitude and future importance of some of the problems perceived by society are directly related to the field of the civil engineer, implying an inescapable burden of responsibility for a group whose technical soundness, rational approach and efficiency is highly valued and respected by the citizen. However, the substantial changes in society and in the way it perceives the problems that it considers important call for a thorough review of (...) our structures, both professional and educational; so that our profession, with its undeniable historical prestige, may modernize certain approaches and attitudes in order to continue to be a reliable instrument in the service of society, giving priority from an ethical standpoint to its actions in pursuit of the public good . It possesses important tools to facilitate this work (new technologies, the development of communications, the transmission of scientific thought.···); but there is nevertheless a need for deep reflection on the very essence of civil engineering: what we want it to be in the future, and the ability and willingness to take the lead at a time when society needs disinterested messages, technically supported, reasonably presented and dispassionately transmitted. (shrink)

This is the editorial introduction to the edition of Cosmos & History on Civilization in Crisis.

An argument that anyone can pursue political agency and resistance through photography, even those with flawed or nonexistent citizenship.

Civil society organizations attempt to induce corporations to behave in more socially responsible ways, with a view to raising labour standards. A broader way of conceptualizing their efforts to influence the policies and practices of employers is desirable, one centred upon the concept of civil governance. This recognizes that CSOs not only attempt to shape the behaviour of employers through the forging of direct, collaborative relationships, but also try to do so indirectly, with interactions of various kinds with the state (...) being integral. Drawing on evidence derived from UK-based CSOs involved in work and employment relations, four types of civil governance are identified and characterized. By elaborating the concept of civil governance, and demonstrating how different types of civil governance operate, the research extends our knowledge and understanding of how CSOs, as increasingly prominent actors in the field of work and employment relations, operate within, and contribute to, systems of labour governance. (shrink)

Is hactivism the new civil disobedience? I argue that most recent hacktivism isn't, and shouldn't be shoehorned into the category of civil disobedience. I sketch instead a broad matrix of electronic resistance, attentive to the many shapes and goals of hacktivism and I locate five clusters on it, briefly sketching possible dimensions of normative assessment for each: vigilantism, whistleblowing, guerrilla communication, electronic humanitarianism, and electronic civil disobedience.

This paper defends the institution of civil marriage against the objection that it is inconsistent with political liberalism, and so should be either totally abolished or else transformed virtually beyond recognition.

This essay explores some of the conceptual and moral issues raised by illegal actions in health care. The author first identifies several types of illegal action, concentrating on civil disobedience, conscientious objection or refusal, and evasive noncompliance. Then he sketches a framework for the moral justification of these types of illegal action. Finally, he applies the conceptual and normative frameworks to several major cases of illegal action in health care, such as "mercy killing" and some decisions not to treat incompetent (...) patients. Keywords: illegal actions, mercy killing, non-treatment of incompetent patients, civil disobedience, conscientious objection, evasive non-compliance, moral justification and disobedience, dissent in health care CiteULike Connotea Del.icio.us What's this? (shrink)

This article presents a descriptive conceptual framework comprising four different company configurations with respect to orientations toward corporate social responsibility (CSR). The four types are Skeptical, Pragmatic, Engaged, and Idealistic. The framework is grounded in instrumental and normative stakeholder theory, and a company's configuration is based on its instrumental and/or normative stance toward stakeholders. Its configuration indicates what position a company adopts in relation to CSR. This article argues that there is no one formula to fit all companies, descriptively or (...) prescriptively, but the potential variety in approaches to CSR is not infinite, as it can be distilled logically into a few fundamental approaches, embodied in the four organizational configurations presented in the conceptual framework. Each configuration constitutes a middlerange theory of interlocking characteristics in terms of CSR, and so each type of company will assume responsibilities to civil society in ways consistent with its configurational characteristics. The framework incorporates previous empirical findings and theoretical explanations. It is intuitively clear and reasonable to managers, and thus, has practical value in organizational management. (shrink)

In her book, Conscience and Conviction, Kimberley Brownlee argues that there is nothing undemocratic about the robust, primary right to civil disobedience that she devotes most of her argument to defending. To the contrary, she holds that there is nothing paternalistic about civil disobedients opposing the will of democratic majorities, because, inter alia, democratic majorities cannot claim particular epistemic superiority, and because there are flaws inherent to democratic procedures that civil disobedience addresses. I hold that Brownlee’s arguments fail. In particular, (...) her argument fails because it does not properly construe the nature of the epistemic claim that can be made either by democratic procedures or by civil disobedients, and because it illegitimately conflates the concern about permanent minorities that has been a constant thorn in the side of democratic theorists, with a concern with all outvoted minorities, whether permanent minorities or not. (shrink)