Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called (...) "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just. (shrink)

Journal of Political Philosophy, EarlyView.

I argue that an agent can be appropriately blamed for failing to assist someone in need, even if her failure to assist is not wrong, and that an agent can be morally required to assist even if assisting is overly costly for her—more costly than what the relevant moral baseline is ordinarily taken to allow. Whether this is the case depends on whether the agent has previously failed to discharge her “prospective duties.” Once these duties are taken into consideration, even (...) apparently moderate accounts of beneficence appear to be not very moderate after all. (shrink)

I wish to thank the contributors to this symposium for the thoughtfulness and care with which they engaged with my book, The Privatized State. I wrote this book with two animating goals in mind. Th...

I first defend my Kantian account of the authority of democracy against Harel’s objection that it mandates democratic rule when it is not required and Stilz’s concern that the justification of democracy I propose is not sufficiently capacious to rescue democratic rule from epistocratic challenges. I then rescue my integrated model of administrative legitimacy from Vredenburgh’s charge that such model cannot solve the tension between the demands of democracy and those of bureaucracy. I finally address Saunders-Hastings’ concern that my account (...) of the wrong of privatization relies on an excessively idealized view of political institutions for it to be action-guiding. (shrink)

Across countries, governments are urging civil society, in particular charitable and non-profit associations, to take up a part of the social burden, and to produce and provide critical human services and social goods, either independently or on governments' behalf. This type of privatization, or public–private partnership, is encouraged by many on grounds of pluralism and liberty, as empowering individuals and their associations. In this paper, I aim to provide a liberty-based normative argument against privatization. A common view, supported by both (...) conservatives and classical liberals, is that the more social responsibility is left or delegated to civil society, the more civil society will flourish. I contend, by contrast, that when political societies rely on civil society to provide critical goods and services, individuals' freedom of association is threatened. The consequence of privatization is a multiple loss, in terms of individual freedom, value pluralism and the expressive character of civil society. (shrink)

Philanthropy is everywhere. In 2013, in the United States alone, some $330 billion was recorded in giving, from large donations by the wealthy all the way down to informal giving circles. We tend to think of philanthropy as unequivocally good, but as the contributors to this book show, philanthropy is also an exercise of power. And like all forms of power, especially in a democratic society, it deserves scrutiny. Yet it rarely has been given serious attention. This book fills that (...) gap, bringing together expert philosophers, sociologists, political scientists, historians, and legal scholars to ask fundamental and pressing questions about philanthropy’s role in democratic societies. (shrink)

The legitimacy of putting public activities – such as providing education and welfare, but also running prisons or providing military services – into the hands of private companies is hotly contested. In The Privatized State, Chiara Cordelli puts forward an original argument, from a Kantian perspective, for why it is problematic: it replaces the omnilateral will of all citizens, which is realized through public institutions, with the unilateral will of agents to whom these activities have been delegated. While (...) adding an important dimension to the debate, I am not fully convinced that private institutions always fail to realize the omnilateral will, and that this is the only, or always most central, normative problem of privatization. Instead, many concrete cases of privatization seem normatively overdetermined in their wrongness. Nonetheless, Cordelli’s brilliant discussion invites us to rethink these phenomena from an important angle and helps us to better understand what an ideal civil service would look like. (shrink)

I praise the book for its strong argument and provide recommendations for further research about how the book's arguments can be applied to student government contexts.

Chiara Cordelli’s book The Privatized State makes an important contribution to debates over the morality of public administration and widespread privatization. Cordelli argues that widespread privatization is a problem of legitimacy, as private actors impose their will unilaterally on others. Bureaucratic decision-making, by contrast, can be legitimate, within the correct institutional context and in accordance with a bureaucratic ethos. In this review, I argue that bureaucratic policymaking faces similar changes from the value of legitimacy that Cordelli (...) raises against widespread privatization. First, I argue that for a polity subject to bureaucratic policymaking to be self-ruling, bureaucracies must incorporate more democracy; but, so doing goes against the rationale of their institutional form. Second, I argue that bureaucrats and private actors acting on behalf of the state do not have starkly different levels of free purposiveness, and that it is morally desirable for bureaucrats to have more free purposiveness than Cordelli allows, and private actors less. (shrink)

Chiara Cordelli’s The Privatized State is a book that should be widely read for many reasons.1 In the first place, it engages with an important set of issues in governance and public administration...

Chiara Cordelli’s The Privatized State offers a powerful critique of privatization and an inspiring vision of the kind of democratic governance that could secure citizens’ equal freedom. This essay raises questions about how Cordelli’s arguments apply in non-ideal theory. It asks whether her arguments about the illegitimacy of privatization provide us with adequate reasons to reject ongoing processes of privatization. It also queries some of her recommendations for how philanthropy should be practiced by individuals and incentivized by (...) the state. (shrink)

Chiara Cordelli’s The Privatized State1 offers an original perspective on an important, and indeed extremely topical issue, particularly in view of the way in which the role of the state and of its...

This paper critically assesses Chiara Cordelli’s Kantian theory of the legitimacy of public administration. I argue, first, that Cordelli’s understanding of Kantian legitimacy offers an insufficiently robust defense of democracy: it leaves too much scope for rule by epistocrats, individuals who are wiser than others in ascertaining the demands of justice. Second, I argue that Cordelli should be open to the eventual abolition of bureaucracy, through the increased involvement of ordinary citizens in public administration. Once we (...) begin to worry about the problem of bureaucratic unilateralism, it may be hard to avoid the conclusion that it is democratically necessary to abolish the bureaucratic state. (shrink)

Is it possible that justice requires giving people with disabilities like autism sufficient opportunities to pursue a flourishing life by promoting accessibility at theme parks and other places of public accommodation? I explore this question by analyzing the ethical issues at play in a series of disability lawsuits against Disney Parks and Resorts. Drawing on the work of Martha Nussbaum and Chiara Cordelli, I argue that Disney has an obligation of justice to provide these plaintiffs with their requested (...) disability modification. I further articulate how public accommodations other than Disney should accommodate disabled customers, sometimes with government assistance. (shrink)

Recent decades have seen a dramatic transformation in the mode of governing, with government increasingly outsourced to a network of private actors, spanning education, prisons, regulation, arbitration, the military, and access to healthcare and welfare. Chiara Cordelli’s The Privatized State probes the ethical and philosophical questions raised by this transformation, and develops a distinctive account of the wrong of privatization: that a privatized government cannot be a legitimate government. In so doing, Cordelli engages and advances not only (...) pressing questions about privatization, but also broader questions about public administration, political representation, democratic authority, and neorepublicanism. This symposium brings together scholars for a wide-ranging discussion of this transformation in governance and the deep and challenging questions it raises. (shrink)

Graduate Papers from the 2022 Joint Session. It is often said that Aristotle takes geometrical objects to be absolutely unmovable and unchangeable. However, Greek geometrical practice does appeal to motion and change, and geometers seem to consider their objects apt to be manipulated. In this paper, I examine if and how Aristotle’s philosophy of geometry can account for the geometers’ practices and way of talking. First, I illustrate three different ways in which Greek geometry appeals to change. Second, I examine (...) Aristotle’s ontology of geometrical objects and argue that although the truth-makers of geometrical statements are in fact unmovable because they are properties of sensible objects, geometers ‘separate them in thought’ and treat them as substances apt to be modified. Finally, I examine whether allowing for the possibility of manipulating these semi-fictional geometrical individuals creates problems for the applicability of geometry. I find that it does not, insofar as one accepts that geometry is not meant to track physical change but merely to study the instantaneous geometrical configuration of sensible bodies, and is thus only applicable at the instant. (shrink)

This book offers a reflection on the central role that the ethics of informed consent plays in Rapid Tissue Donation. RTD is an advanced oncology procedure that involves the procurement, for research purposes, of “fresh” tissues within two to six hours of a cancer patient’s death. Since RTD involves the retrieval of tissues after death, and since the collected tissues are of great importance for medical research, the need for any form of informed consent to regulate this procedure has been (...) questioned. This book argues for the necessity of informed consent to govern RTD, and it provides the reader with a bespoke informed consent process applicable to cancer patients. The analysis unfolds at the intersection between applied ethics, public health ethics, and clinical ethics, and it is informed by philosophical theories of informed consent and by the social implications of individual choices. By viewing medical issues relating to informed consent in oncology from an ethical perspective, the book combines philosophical analysis with discussion of concrete cancer-related issues. As a result, the book is suitable for readers interested in ethical reasoning as well as for those with a medical background. It contributes to contemporary research by offering an original analysis that relies on a rigorous philosophical approach to address innovative issues at the cutting edge of medical research and policy making. (shrink)

Secondo il Ministero dell'Interno, i Centri di accoglienza per richiedenti asilo sono strutture nelle quali viene inviato e ospitato lo straniero richiedente asilo privo di documenti di riconoscimento o che si č sottratto al controllo di frontiera, per consentire l'identificazione o la definizione della procedura di riconoscimento dello status di rifugiato. I CARA ospitano richiedenti asilo, persone in fuga da guerre e persecuzioni, che hanno spesso il primo confronto con lo Stato italiano a cui chiedono protezione attraverso queste strutture dalle (...) enormi dimensioni, collocate per lo piů in zone isolate e lontane dai centri cittadini, all'interno di ex caserme o di aeroporti militari dismessi, per un tempo che supera quasi regolarmente i ventitrentacinque giorni previsti dalla legge. Come si concilia l'esigenza di dare pronta accoglienza a un alto numero di persone con la richiesta di protezione e di accoglienza qualificata dovuta a ogni essere umano e ancor piů a potenziali rifugiati con alta incidenza di casi vulnerabili? Qual č il rapporto fra assistenza e segregazione, efficienza e tutela, principi economici e di diritto, sicurezzarifugiati e sicurezzarifugiati? (shrink)

- In questo articolo si interroga il nesso tra democrazia, cittadinanza e fenomeno migratorio indagando quali effetti puň avere la presenza di milioni di persone prive della cittadinanza del paese in cui risiedono. In particolare, il saggio approfondisce il tema della cittadinanza concentrandosi sui processi di cittadinanza sostanziale, sulle pratiche condivise che costruiscono identitÀ, sentimento di appartenenza e sistemi di solidarietÀ. Si rileva quindi che molti stranieri residenti si ‘comportano' da cittadini anche quando non lo sono sulla carta e talvolta (...) le stesse istituzioni si relazionano ad essi riconoscendo loro "frammenti" di cittadinanza. D'altra parte, non sempre a un riconoscimento formale corrisponde un riconoscimento sostanziale. La combinazione di questi fattori non puň che allargare le fila di chi č - o si sente - escluso dalla democrazia. (shrink)

This essay explores how hormone treatments were used to optimize and normalize individuals under Italian Fascism. It does so by taking the activities of the Biotypological Orthogenetic Institute − an Italian eugenics and endocrinological centre founded by Nicola Pende in 1926 − as the prime example of a version of eugenics, biotypology, which was based on hormone therapies. This essay first demonstrates that Italian Fascist biopolitics was not only concerned with increasing the size of the Italian population, but also with (...) improving its quality. It suggests that under the Italian Fascist regime hormone therapies became eugenic tools of intervention to improve the Italian race. Second, while Pende's institute purportedly enhanced men and women, its activities show the extent to which the ‘techniques of normalization’ pursued by the Fascist regime were both systematic and invasive. (shrink)

Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity.

Displacing the physiological model that had held sway in 19th-century medical thinking, early 20th-century hormone research promoted an understanding of the body and sexual desires in which variations in sex characteristics and non-reproductive sexual behaviours such as homosexuality were attributed to anomalies in the internal secretions produced by the testes or the ovaries. Biotypology, a new brand of medical science conceived and led by the Italian endocrinologist Nicola Pende, employed hormone research to study human types and hormone treatments to normalise (...) individuals who did not conform to accepted medical norms. Latin American medical doctors, eugenicists, and sexologists took up biotypology with enthusiasm. This article considers the case studies of Italy, Argentina, and Brazil, and analyses the work of medical doctors who adopted a biotypological mode of reasoning and employed to various extents hormone therapies in their practice. By focusing on hormone therapies that aimed to normalise secondary sexual characteristics and the sexual instinct, the article suggests that while the existence of normality was contested to the point that a number of medical scientists argued that no such thing existed, the pursuit of normality was carried out in very practical terms through the new medical technologies hormone research had introduced. (shrink)

The basic principle of all realist theories of truth developed in the 13th and 14th centuries was that a proposition is true if and only if it tells us how things are in reality. Walter Burley (1275-1344) interpreted this principle in a more radical way than 13th-century realists did. Burley, in fact, proposed a strong correspondence theory, in which there is a strict biunique correspondence between linguistic and extra-linguistic elements. Now, if the principle of correspondence can be applied to Burley (...) unconditionally to all affirmative statements (both for accidental and essential predications), it cannot be applied in the case of negative propositions, since in reality there can be no negative state of affairs. In order to solve this problem, Burley uses the strategy of introducing a complex mental object or objective entity as the significatum adequatum of negative sentences. It is an object which, although it exists only in the mind, is completely independent of our mental operations and which ultimately refers to the extra-mental world, composed exclusively of positive objects and states of affairs. In fact, the truth of a negative sentence does not depend on it corresponding to some negative fact, but rather on the opposite affirmative sentence failing to correspond to some positive extramental fact. Thus, extramental reality, which is only composed of positive objects, recovers its role as a yardstick for verifying the truth or falsity of all particular sentences, both affirmative and negative. (shrink)

After initially emerging in China, the coronavirus outbreak has advanced rapidly. The World Health Organization has recently declared it a pandemic, with Europe becoming its new epicentre. Italy has so far been the most severely hit European country and demand for critical care in the northern region currently exceeds its supply. This raises significant ethical concerns, among which is the allocation of scarce resources. Professionals are considering the prioritisation of patients most likely to survive over those with remote chances, and (...) this news has triggered an intense debate about the right of every individual to access healthcare. The proposed analysis suggests that the national emergency framework in which prioritisation criteria are currently enforced should not lead us to perceive scarce resources allocation as something new. From an ethical perspective, the novelty of the current emergency is not grounded in the devastating effects of scarce resources allocation, which is rife in recent and present clinical practice. Rather, it has to do with the extraordinarily high number of people who find themselves personally affected by the implications of scarce resources allocation and who suddenly realise that the principle of ‘equals should be treated equally’ may no longer be applicable. Along with the need to allocate appropriate additional financial resources to support the healthcare system, and thus to mitigate the scarcity of resources, the analysis insists on the relevance of a medical ethics perspective that does not place the burden of care and choice solely on physicians. (shrink)

The current situation around COVID-19 portrays a threat to us in several ways: It imposes uncertainty, a lack of control and reminds us of our own mortality. People around the world have reacted to these threats in seemingly unrelated ways: From stockpiling yeast and toilet paper to favoring nationalist ideas or endorsing conspiratorial beliefs. According to the General Process Model of Threat and Defense the confrontation with a threat - a discrepant experience - makes humans react with both proximal and (...) distal threat responses. While the proximal response manifests in behavioral inhibition that leads to heightened anxious arousal and vigilance, distal responses seek to lower behavioral inhibition and the associated state of anxiety and vigilance through engaging in distal defenses. In the present research, we propose that the reactions to COVID-19 may represent distal defense strategies to the pandemic (in the form of environmental or group related worldview defenses) and therefore can be explained and forecasted by the model. Thus we hypothesized increased perceived COVID-19 threat perception to lead to a proximal threat response in the form of heightened behavioral inhibition. This, in return, should enhance the use of distal defenses (i.e.: several ingroup biases, system justification and conspiratorial beliefs) overlapping with the reactions observed as a response to COVID-19. This hypothesized mediated effect of increased perceived COVID-19 threat on distal defenses was tested in two pre-registered studies: In Study 1 (N = 358) results showed perceived COVID-19 threat to be related to behavioral inhibition and in turn to be associated with increased distal defenses (i.e., higher entitativity, control restoration motivation, passive party support). In Study 2 (N = 348) we manipulated COVID-19 threat salience and found results suggesting the distal defenses of system justification and conspiratorial beliefs to be mediated by the proximal threat response. The results of the present research hint towards a common mechanism through which the seemingly unrelated reactions to COVID-19 can be explained. The results might help to predict future behavior during the COVID-19 pandemic and design measures to counteract detrimental effects of the pandemic. (shrink)

Medical complicity in torture is prohibited by international law and codes of professional ethics. But in the many countries in which torture is common, doctors frequently are expected to assist unethical acts that they are unable to prevent. Sometimes these doctors face a dilemma: they are asked to provide diagnoses or treatments that respond to genuine health needs but that also make further torture more likely or more effective. The duty to avoid complicity in torture then comes into conflict with (...) the doctor’s duty to care for patients. Sometimes the right thing for a doctor to do requires complicity in torture. Whether this is the case depends on: the expected consequences of the doctor’s actions; the wishes of the patient; and the extent of the doctor’s complicity with wrongdoing. Medical associations can support physicians who face this dilemma while maintaining a commitment to clear principles denouncing torture. (shrink)