Political Authority, Misc

The hypothesis that approaches the use of humour throughout the ages as something approximating a coping mechanism, has been subject to a long-standing discussion in what is known as humour studies. In this particular essay, by looking through the spectacles of one of the discipline’s theories, called relief theory, I will attempt to find out whether humour was used to lighten the weight of oppression in Imperial Rome, and can thus corroborate this hypothesis.

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

Liberal states ought to accommodate conscientious tax resistance for the same reasons they should accommodate conscientious objection to fighting in war. Conscientious objection to fighting is nothing special.

The church is separate from the state. Thus, historically, it is seen that even though a government wasn’t secular, God was secular. He didn’t drag religion into politics, but silently did intervene to administer temporal justice and order in the world (i.e. temporal justice in relation to temporal authority). With regard to the church, it doesn’t seem that God is interested in an organized religion at all. Christianity had nothing to do with an external temple. Each Christian is the temple (...) of God. This is what frees Paul to do his own theology, separate from the Twelve. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

In recent years, leading public reason liberals have argued that publicly justifying coercive laws and policies requires that citizens offer both adequate secular justificatory reasons and adequate secular motivating reasons for these laws and policies. In this paper, I provide a critical assessment of these two requirements and argue for two main claims concerning such requirements. First, only some qualified versions of the requirement that citizens offer adequate secular justificatory reasons for coercive laws and policies may be justifiably regarded as (...) plausible liberal principles of public justification. And second, the requirement that citizens offer adequate secular motivating reasons for coercive laws and policies is untenable on multiple grounds. Public reason liberals should focus on assessing the justificatory reasons offered for and against coercive laws and policies rather than requiring citizens to offer adequate secular motivating reasons for such laws and policies. (shrink)

Despite rarely explicitly thematizing the problem of dirty hands, this essay argues that Merleau-Ponty’s political work can nonetheless make some important contributions to the issue, both descriptively and normatively. Although his political writings have been neglected in recent times, his interpretations of Marxism and Machiavelli enabled him to develop an account of political phronesis and virtù that sought to retain the strengths of their respective positions without succumbing to their problems. In the process, he provides grounds for generalizing the problem (...) of “dirty hands” beyond Michael Walzer’s influential understanding that pertains primarily to “emergencies” and singular time-slice actions, and addresses concerns about the coherence of the very idea that there is justified action that one ought to do which remains wrong. Merleau-Ponty does this by emphasizing the diachronic relationship between theoretical principles and concrete political action over a period of time, thus imbuing the problem of dirty hands with a historicity that is not sufficiently recognized in the more static and action-focused discussions. (shrink)

How should the fact of state consent to international agreements affect their moral evaluation? Political criticism of the content of international agreements is often answered by invoking the voluntary nature of those agreements: if states did not wish to accept their terms then they were free to reject them; the fact of their having voluntarily accepted them limits the scope for subsequent criticism. This is the “Voluntarist Reply”. This paper examines the Voluntarist Reply to understand the specific moral work that (...) it claims to do, the sense of voluntariness that it requires, and the limits on the capacity of voluntary consent to answer substantive political and moral criticism . It maps those limits across four prominent and plausible accounts of international economic justice to understand the different ways that consent does or does not alter the moral situation. (shrink)

In a characteristically iconoclastic essay, “Does the State Have a Monopoly to Punish Crime?”, Douglas Husak argues that the state’s moral right to punish crime is all but self-evident while its supposed monopoly on punishment is a fiction. Husak draws this bracing conclusion from a modest, quasi-Lockean premise – that persons and other entities have a right to impose stigmatizing deprivations on those who wrong them. This premise evokes John Locke’s far stronger claim that everyone enjoys a natural right to (...) inflict potentially severe sanctions on any wrongdoer. The quasi-Lockean premise also evokes the familiar idea that all criminal wrongdoing is an attack on the broader community, and that law-breakers consequently owe a debt to society that they can repay through punishment. In this essay, I argue that the inferences Husak draws from the quasi-Lockean premise are unsound, but for reasons that reveal important lessons about the state’s right to punish crime and about the limits of what we can extract from the venerable idea that a central victim of criminal wrongdoing is the community as a whole. In Part II, I argue that the quasi-Lockean premise does not ground the state’s right to punish the kind of wrongs traditionally thought central to the criminal law, namely, wrongs perpetrated on individual human victims. In Part III, I answer Husak’s implicit challenge to describe a kind of stigmatizing deprivation – a kind of punishment – that the state alone has a right to inflict. I suggest that no entity but the state may inflict sanctions that constitute prima facie invasions of moral rights. (shrink)

El objetivo del presente trabajo es analizar dos modelos específicos de discurso sobre la autoridad: un modelo que llamaré «hobbesiano» (representado por Thomas Hobbes) y un modelo que llamaré «raziano» (representado por Joseph Raz). Por un lado, intentaré mostrar que, pese a algunas aparentes similitudes, estos dos modelos son ejemplos de visiones opuestas acerca del tipo de autoridad, y del rol y las consecuencias que se le asignan a ésta en el marco del fenómeno jurídico y social. Por el otro, (...) intentaré mostrar cómo ambos modelos opuestos tienen una importante coincidencia: el fuerte desinterés por su eventual aplicación práctica para analizar la autoridad (especialmente, a nivel justificativo) de casos reales de Estados y sistemas jurídicos. (shrink)

Since the Brexit Referendum in the United Kingdom and the election of Donald Trump as US President in 2016, the term ‘fake news’ has become a significant source of concern. Recently, the European Commission and the British House of Commons have condemned the phenomenon as a threat to their institutions’ democratic processes and values. However, political disinformation is nothing new, and empirical studies suggest that fake news has not decided crucial elections, that most readers do not believe the online fake (...) news stories they read, and that political polarization in Western democracies like the US began to increase long before online fake news existed. The question then is: how exactly does fake news threaten democracies? This paper argues that online fake news threatens democratic processes because it undermines citizens’ epistemic trust in each other. This in turn threatens to undermine the perceived legitimacy and the moral justification of democratic institutions as a whole. While online fake news is a symptom of a much larger issue (how has the Internet affected democracies, and how can we use its positive power while checking its negative effects?), it deserves particular attention given the potential danger it presents for the viability and the legitimacy of the democratic process. (shrink)

Vigilantism, commonly glossed as “taking the law into one’s own hands,” has been analyzed differently in studies of comparative politics, ethnography, history, and legal theory, but has attracted little attention from philosophers. What can “taking the law into one’s hands” amount to? How does vigilantism relate to mobs, protests, and self-defense? I distinguish between several categories of vigilantism, identify the questions they are most useful for addressing, and offer an analysis on which vigilantism is a kind of political initiative done (...) for the sake of enacting an immediate realignment of power in a polity in accordance with a political vision. In addition to defining a special kind of political initiative, my analysis helps us understand a range of rhetorical powers related to vigilantism, including some of the ways that attributions of vigilantism can mask instances of self-defense, and attributions of self-defense can mask instances of vigilantism. (shrink)

Legitimacy is a concept that has been largely forgotten by the deconstructive discourse on law and politics. This article seeks, on the one hand, to reassess the role of legitimacy in deconstruction and, on the other hand, to bring deconstructive thinking to bear on the concept of legitimacy. By re-reading Derrida’s “Declarations of Independence” through the lenses of his later texts on sovereignty and (counter)signature, it is argued that, rather than being deconstructible, legitimacy is deconstructing any self-founding of law and (...) power. As such, legitimacy functions not as an evaluative concept of law and order but as a constantly insisting demand that facilitates the principles of responsibility and responsiveness. (shrink)

Kant argues that it is only as citizens of a properly constituted state that persons are able to respect one another’s innate right to freedom, for joint subjection to the authority of a state enables them to avoid what Kantians call “the problem of unilateralism”: when I interact with you in a state of nature according to my judgment of right in circumstances of disagreement between us, I implicitly claim that my judgment, and not yours, has authority over us simply (...) because it is mine. But this argument seems vulnerable to a powerful objection: my reason for acting on my judgment of right is not that it is mine but rather that it is, as I believe, correct, and so there is no sense in which I am claiming special authority for that judgment. This paper defends the Kantian problem of unilateralism against this objection and, in so doing, illuminates the feature of the Kantian conception of right that accounts for why, no matter how good and right-loving they might be, persons in a state of nature about right are unable coherently to pursue the aim of acting rightly. (shrink)

By promising, requesting and commanding we can give ourselves and each other reasons for acting as promised, requested, and commanded. Call this our capacity to give reasons robustly. According to the triggering account, we give reasons robustly simply by manipulating the factual circumstances in a way that triggers pre-existing reasons. Here I claim that we ought to reject the triggering account. By focusing on David Enoch’s sophisticated articulation of it, I argue that it is overinclusive; it cannot adequately distinguish between (...) threats and robust reason-giving; and it cannot adequately explain why epistemic reasons cannot be robustly given. I suggest that when we give reasons robustly, we do so directly, without explanatory intermediaries. (shrink)

This chapter considers how the adoption of autonomous weapons systems (AWS) may affect jus ad bellum principles of warfare. In particular, it focuses on the use of AWS in non-international armed conflicts (NIAC). Given the proliferation of NIAC, the development and use of AWS will most likely be attuned to this specific theater of war. As warfare waged by modernized liberal democracies (those most likely to develop and employ AWS at present) increasingly moves toward a model of individualized warfare, how, (...) if at all, will the principles by which we measure the justness of the commencement of such hostilities be affected by the introduction of AWS, and how will such hostilities stack up to current legal agreements surrounding their more traditional engagement? This chapter claims that such considerations give us reason to question the moral and legal necessity of ad bellum proper authority. (shrink)

The chapter explores the ways in which philosophical thinking about public reason and public justification can shed light on some deep issues regarding the legitimacy or purpose of law, as well as shallower yet no less important questions of constitutional engineering and institutional desing.

This book uses the concepts of freedom, indeterminism, and fallibilism to solve, in a unified way, problems of free will, knowledge, reasoning, rationality, personhood, ethics and politics. Presenting an overarching theory of human freedom, Frederick argues for an account of free will as the capacity for undetermined acts. Knowledge, rationality, and reasoning, both theoretical and practical, as well as personhood, morality and political authority, are all shown to be dependent at their roots on indeterminism and fallibility, and to be connected (...) to individual freedom. Thought-provoking and original, Frederick’s theory of freedom examines a broad spectrum of issues, from the distinction between persons and other animals, to the purpose of the state and political authority. Offering a bold and succinct conspectus of the philosophy of freedom, this book makes surprising connections between perennial issues across the field of philosophy. (shrink)

In this essay I question the liberal faith in the efficacy and morality of citizenship education (CE) as it has been traditionally (and is still) practiced in most public state schools. In challenging institutionalized faith in CE, I also challenge liberal understandings of what it means to be a citizen, and how the social and political world of citizens is constituted. I interrogate CE as defended in the liberal tradition, with particular attention to Gutmann’s ‘conscious social reproduction’. I argue that (...) CE in practice does not operate on the bases of non-repression or non-discrimination, and has weak claims for legitimacy. In fact, CE in many forms reproduces social inequalities, and contributes to the expulsion of disadvantaged students from schools and from the ranks of recognized citizens. (shrink)

Centripetalism is often perceived as a type of a political system for a multi-segmental, especially multi-ethnic, country in order to create among the members of the political elite of moderate, accomodative, and integrative political behavior cross-cutting segmental divisions which, reaching beyond group interests, depoliticize the segmental separateness and, in this manner, reduce their significance. One of the central institutions of centripetalism is decentralization leading to a division of large segments into smaller parts that inhabit different, ideally multi-segmental regions, thus inclining (...) regional political elites of different segments to collaborate. Although both Nigeria and Indonesia have similar centripetal territorial structures, only Nigeria is a federation. This paper focuses on Nigerian centripetal federalism and its link to the so-called federal character principle that is mostly consociational in substance. Krzysztof Trzcinski, Centripetal Federalism, in: 50 Shades of Federalism, ed. by Soeren Keil & Paul Anderson, Canterbury: Canterbury Christ Church University & Montréal: CRÉQC, 2020. (shrink)

Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s argument (...) fails to vindicate the law’s authority over all combatants. (shrink)

I argue in this paper that traditional just war theory did allow private, indeed even individual war, and that arguments in support of a legitimate authority criterion, let alone in support of the “priority” of this criterion, fail. I further argue that what motivates the insistence on “legitimate authority” is the assumption that doing away with this criterion will lead to chaos and anarchy. I demonstrate that the reasoning, if any, underlying this assumption is philosophically profoundly confused. The fact of (...) the matter is that wars need not necessarily be authorized by some higher authority (such as a king, president, or parliament) in order to be justified, and this moral fact does not need to chaos and anarchy. Accordingly, the criterion of legitimate authority cannot be relied on to delegitimate individual war, private war, guerrilla war, or even terrorism. Finally, I consider some other defenses of authorization and demonstrate that the “authorization” these accounts defend is either not needed for justification or already provided by other just war criteria or, indeed, entirely fictitious. (shrink)

This is the first complete English translation and publication of Donoso’s carta de 24 de octubre, 1851, a letter encapsulating many of his views on revolution and decision. This remarkable letter, sent as a diplomatic missive while he was serving the Spanish crown in Paris, describes how Napoleon III––stuck between the 1848 constitution’s prohibition against his election and his impending coup that will crown him emperor––must gain the support of the liberal bourgeoise middle class if he is to maintain his (...) rule over France. The letter is also of great importance to Donoso and Schmitt scholars because it contains the first and only time Donoso uses the complete term “las clases discutidoras,” which, through Schmitt’s injudicious and repeated misspellings as “una clasa discutidora” has become famous for its characterization of the liberal bourgeoisie as the “discussing” or “disputing” class that is incapable of action at the precise historical moment when a decision is most direly needed to save the constitution from inner or outer existential threats. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...) others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

У статті узагальнено історико-культурологічний досвід ролі і значення національної еліти князівських династій Рюриковичів, володарів Київської Русі та Чернігово-Сіверської гілки Ольговичів, Давидовичів у створенні одного з найбільших у Європі державного об’єднання Київська Русь. Основою збереження своїх територіальних володінь князями були українські традиції сімейного розподілу майна. Системний розподіл престолонаслідування серед нащадків Рюриковичів відбувся після заповіту Ярослава Мудрого, тобто набув соціально-правової норми, названий «лествичним» порядком. Система передбачала успадкування майна дітьми від старшого до молодшого брата, зокрема коли старший князь чернігівський здобував Київ – до (...) Чернігова переходив князь новгород-сіверський, такі переходи відбувалися по лінії брата, спочатку серед старшої лінії, а потім – молодшої. Вони з часом трансформувались у національні традиції сімейного права, що закріплені Цивільним кодексом України. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Combatants who attempt to obey the laws of war often have to take considerable risks in order to effectively discriminate between legitimate and illegitimate targets. Sometimes this task is made even more complicated by systemic factors which influence their ability to discriminate effectively without unduly risking their lives or the mission. If they fail to do so, civilians often pay the price. In this paper, I argue that to the extent that non-combatants benefit from the attempt to fight justly, and (...) to the extent that wars in which combatants attempt to fight justly can be understood as a system of social cooperation which produces both burdens and benefits, non-combatants have a responsibility to shoulder their fair share of these burdens. Thus, if combatants (and by extension enemy non-combatants) are disproportionately burdened in a conflict, non-combatants ought to take on some costs, for instance in order to reduce the strain imposed on combatants by systemic factors such as the availability and distribution of resources. (shrink)

From citizens paying taxes to employees following their bosses’ orders and kids obeying their parents, we take it for granted that a whole range of authorities have the power to impose duties on others. However, although authority is often accepted in practice, it looks philosophically problematic if we conceive persons as free and as equals. -/- In this short and accessible book, Fabian Wendt examines the basis of authority, discussing five prominent theories that try to explain how claims to authority (...) can be vindicated. Focusing in particular on the issue of how states can rightfully claim authority, he rigorously analyses the theories’ arguments and evaluates their strengths and weaknesses. He also debates anarchism as an alternative that should be taken seriously if no theory ultimately succeeds in explaining state authority. -/- This clear and engaging book will be essential reading for anyone grappling with the most fundamental questions of authority and obligation in political theory and political philosophy. (shrink)

Staaten beanspruchen für sich das Recht, Gesetze geben und mit Zwangsgewalt durchsetzen zu dürfen. Doch unter welchen Bedingungen haben sie dieses Recht tatsächlich? -/- Das ist die grundlegendste Frage der Politischen Philosophie. Obwohl wir die Autoritätsansprüche des Staates oft als selbstverständlich hinnehmen, erscheinen sie moralisch durchaus fragwürdig, wenn man Personen als frei und gleich begreift. Wie können wenige Parlamentsmitglieder das Recht haben, für Millionen Menschen verbindliche Gesetze zu erlassen? Wie können Polizeibeamte und Richter das Recht haben, diese Gesetze gegenüber Personen (...) durchzusetzen, die sie ablehnen? In diesem kurzen, verständlichen und anregenden Buch stellt Fabian Wendt die fünf wichtigsten Theorien politischer Autorität aus der zeitgenössischen Politischen Philosophie vor. Er diskutiert darüber hinaus den Anarchismus, der als Alternative ernst zu nehmen ist, falls alle Begründungsversuche politischer Autorität fehlschlagen sollten. (shrink)

In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about the rationality (...) of voting and duties of elected officials: (A) Voting is typically rational for the members of a political party’s base; (B) Voting is often (but not always) irrational for “swing” voters (i.e. independent voters who are not affiliated with any political party, as well as “undecided” voters who are considering voting across party lines); and (C) Elected officials have a moral duty to respond to changing levels of popular support once in office, as indicated by properly monitored and corroborated public opinion polls of constituents, functioning more as delegates the lower their level of popular support. Finally, I suggest that the last of these conclusions has wide-ranging implications for political ethics. I illustrate these implications by focusing on the questions -- under debate in the 2016 US Presidential election cycle -- of whether a sitting President has a moral duty to nominate or not nominate a new Supreme Court justice during his or her final year in office, and similarly, whether US Senators have a moral duty to obstruct, or not obstruct, confirmation of the President’s eventual nominee. (shrink)

The problem of the ‘mountain man’, the caricature of self-sufficiency and individualism, is not a new one for autonomy theorists. It seems plausible that there is genuine value in self-direction according to one’s deeply-held principles. If autonomy involves something like this, then anyone concerned with autonomy as a social rather than individualistic phenomenon must explain what the mountain man gets wrong when he denies that his autonomy admits of being placed under obligations to others. In particular, the mountain man challenges (...) autonomy-minded social anarchists: if his denial of legitimate non-voluntary obligations is correct, then it is not just the state we should reject, but any organising body with coercive powers. This may be consistent with individualist anarchism or right-libertarianism, but it sits ill with the social anarchist intuition that we can have genuine political obligations. My thesis addresses this problem in three stages. First, I argue for a functional analysis of authority and autonomy: the concepts are not pre-existing “immovable objects”, but rather are defined by the role that they are intended to play in our discourse. I suggest that we need a concept of political or institutional authority in order to resolve co-ordination problems and pursue collaborative social goods, and a concept of autonomy to explain when and why self-direction is valuable. Second, I defend a social-relational conception of autonomy. The autonomous agent is powerful and authoritative, where this power and authority is in large part constituted, rather than merely affected, by the social structures and relations that we stand in. We are powerful and authoritative, I argue, when we stand in relations of non-domination: we are not vulnerable to arbitrary interference in our lives, and this non-vulnerability is defended in virtue of recognition respect for us as agents. There are two important implications of this account: that autonomy comes with a built-in equality condition whereby everybody’s autonomy is threatened if anybody’s is, and that there is no principled distinction to be drawn between ‘personal’ and ‘political’ autonomy. In the last three chapters, I suggest an autonomy-justified conception of authority. I argue for autonomy as the crucial collaborative good which authoritative institutions help us to pursue, and suggest that such institutions may legitimately claim authority if they act or effect actions in ways which are likely to promote or defend autonomy-constituting relations, and act or effect actions in ways consistent with maximal equal autonomy. Finally, I return to the anarchist argument, showing that while my accounts of autonomy and authority give us a plausible picture of how autonomy is compatible with genuinely authoritative institutions, this picture still has no room for the state. (shrink)

Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.

What does it mean to say that the demands of justice are institutional rather than individual? Justice is often thought to be directly concerned only with governmental institutions rather than individuals’ everyday, legally permissible actions. This approach has been criticized for ignoring the relevance to justice of informal social norms. This paper defends the idea that justice is distinctively institutional but rejects the primacy of governmental institutions. I argue that the ‘pervasive structure of society’ is the site of justice and (...) injustice. It includes all widely enforced social rules and norms, governmental and otherwise, such as informal norms of gender, language and class, and provides a revisionary foundation for the theoretical elucidation and practical pursuit of justice. It provides a framework for evaluating the ways in which people can and should promote justice in their everyday lives. (shrink)

There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically (...) by submitting to the scheme's rules. (shrink)

In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people commonly (...) thought to be bound to follow the rules by a duty of fair play is implausible. (shrink)

Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come from (...) individuals having passed on certain individual duties? There are complications: states can discharge their duties by contracting fulfilment out to non-members; states seem able to dissolve the duties of non-members; and some of states' duties are not derived in this way. We demonstrate that these complicate, but do not undermine, the general account and its application to states. And the application has an interesting upshot: by asking which individuals robustly participate in this process of duty transfer-and-transformation with a given state, we can begin to get a grip on who counts as a member of that state. (shrink)

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...) a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens. (shrink)

Theorists, who broadly subscribe to Claude Lefort’s characterization of democracy as the dissolution of the markers of certainty, disagree over the proper enactment of democracy. In this article, I consider the possibility of narrowing the gap by attending to the ignorance advocated by each of the two approaches – the disruptive radical route Jacques Rancière describes and the reformist approach of Richard Rorty. I highlight the attributes and shortcomings of the positive link between practices of ignorance and democracy in the (...) work of the two theorists, and explore how the practices they describe can complement each other in the enactment of democracy. (shrink)

Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its capacity to use (...) symbols may be in tension with respecting individual autonomy, particularly in cases in which the symbols exert influence without engaging citizens’ rational capacities. But despite the fact that the state’s deployment of symbols may circumvent citizens’ rational capacities, I argue that it may nonetheless be permissible when surrounded by certain liberal institutions and brought about via democratic procedures. (shrink)

In the last ten or fifteen years, realism has emerged as a distinct approach in political theory. Realists are skeptical about the merits of abstract theories of justice. They regard peace, order, and stability as the primary goals of politics. One of the more concrete aims of realists is to develop a realist perspective on legitimacy. I argue that realist accounts of legitimacy are unconvincing, because they do not solve what I call the “puzzle of legitimacy”: the puzzle of how (...) some persons can have the right to rule over others, given that all persons are equals. I focus on the realist accounts of legitimacy developed by Bernard Williams and John Horton. (shrink)

Robert Nozick and Eric Mack have tried to show that a minimal state could be just. A minimal state, they claim, could help to protect people’s moral rights without violating moral rights itself. In this article, I will discuss two challenges for defenders of a minimal state. The first challenge is to show that the just minimal state does not violate moral rights when taxing people and when maintaining a monopoly on the use of force. I argue that this challenge (...) can be met. The second challenge is to show that the just min-imal state has political authority including, most importantly, the moral power to im-pose duties on citizens. I argue that both Nozick and Mack lack the resources to meet that challenge, and that political authority cannot be deflated. This is an important prob-lem because a lack of political authority also undermines a state’s justness. (shrink)

It is widely agreed that one of the core functions of government is to supply public goods that markets either fail to provide or cannot provide efficiently. I will suggest that arguments for government provision of public goods require fundamental moral judgments in addition to the usual economic considerations about the relative efficacy of markets and governments in supplying them. While philosophers and policymakers owe a debt of gratitude to economists for developing the theory of public goods, the link between (...) public goods and public policy cannot be forged without moral reflection on the proper function and scope of government power. (shrink)

This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...) in these cases, anarchist groups and societies and not the state have legitimate authority. When anarchism is not an existing alternative to the state, the state will, under Raz’s theory, have some legitimate authority, but that authority will be limited because anarchism remains a better possible alternative to the state. To support the political anarchist claim I discuss the anarchist collectives during the Spanish civil war, which I argue are an example of anarchism as an existing alternative to the state that better fulfils Raz’s service conception and also provide suggestive evidence that anarchism is in general a better possible alternative. I also discuss the relationship between political anarchism and authority and I argue that despite some tension they are not irreconcilable. I conclude that the interesting anarchist challenge for political theorists is political not philosophical. (shrink)

This paper attempts a conceptualisation of authority intended to be useful across all areas where the concept is relevant. It begins by setting off authority against power, on the one hand, and respect, on the other, and then spells out S1’s authority as consisting in S2’s voluntary action performed in the belief that S1 would approve of it. While this definition should hold for authority generally, a distinction is made between three different kinds of authority according to what grounds them: (...) personal, acquired and bestowed authority. Authority thus defined is then used as an example to argue that there is a kind of property that is response-dependent , but, consisting in all and only a response, is ontologically different from both secondary qualities and value judgments. While secondary qualities are interactive in that they depend on both the object and the perceiver and on what they are like, genuinely R-D qualities depend ontologically and metaphysically only on the responder. And whil.. (shrink)

The celebrated Greek philosopher Plato had dreamed of a philosopher-king to rule his ideal state. Keeping in socratarian tradition Aristotle said in similar way "it is better for a city to be governed by a good man than even by good laws ". According to Plato, “The philosopher is he who has in his mind the perfect pattern of justice, beauty, truth; his is the knowledge of the eternal; he contemplates all time and all existence; no praises are too high (...) for him.”1 Presently the world is facing leadership crisis. We do not find a humanitarian global mindset of leaders in present times and that is the reason that this world despite of so many material developments is facing the crises of ethics, values and humanity. In the light of these insightful quotes of Greek thinkers, here I am going to discuss about the idea of the philosopher king or Rajrishi in Indian context. Rajarshi is an ancient Indian concept of ideal leadership is offered as a solution for the modern world. (shrink)

The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...) promising basis for a claim right to obedience. William Edmundson argues that the principle of fair play cannot generate power rights, and so any attempt at a fair play account of legitimacy must fail. I explain how fair play could generate a power right, owing to its stipulation that the rules of a cooperative scheme specify the form of participants' repayment. (shrink)