In Civil Rights and the Paradox of Liberal Democracy, Bradley Watson demonstrates the paradox of liberal democracy: that its cornerstone principles of equality and freedom are principles inherently directed toward undermining it. Modernity, beyond bringing definition to political equality, unleashed a whirlwind of individualism, which feeds the soul's basic impulse to rule without limitationincluding the limitation of consent. Here Watson begins his analysis of the foundations of liberalism, looking carefully and critically at the moral and political philosophies that (...) justify modern civil rights litigation. He goes on to examine the judicial manifestations of the paradox of liberal democracy, seeking to bring a broad philosophical coherence to legal decision making in the United States and Canada. Finally, Watson illuminates the extent to which this decision making is in tension with liberal democracy, and outlines proposals for reform. (shrink)

Hailing from the American South, I was a slow student, awakened by Plato in high school and introduced to philosophy in college. Alienated from analytic trivia and minutia, I did graduate work in Greek philosophy at Syracuse University. My first academic job at Memphis State University involved me in the Southern Civil Rights Movement; my second at the Wisconsin State University-Stevens Point involved me in the environmental movement and inspired me to create first environmental ethics and (...) then, in collaboration with Roger Ames, comparative environmental philosophy. In the face of unprecedented challenges, such as global climate change, academic philosophy must abandon its preoccupation with arcane puzzles and its studied intellectual isolation and work collaboratively with the natural and social sciences if it is to survive in the competitive and accountable academic climate of the twenty-first century. (shrink)

Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King (...) was not just a civil disobedient, violating the law in a way that shows fidelity to the law. He was a radical disobedient, challenging the authority of the legal order. As such, he was part of a long tradition of radical disobedience, extending back through militant strikes of the labor movement. The character of this disobedience was evident, both to its main protagonists, like King and Eugene V. Debs, and to its major opponents, especially the courts. In reconstructing these historical cases, I revise the civil disobedience literature and demonstrate the distinctiveness of the radical disobedience concept. (shrink)

I.WhatVintage ofCivilRights?In this paper I wish to compare and contrast two separate conceptions of civil rights and to argue that the older, more libertarian conception of the subject is preferable to the more widely accepted version used in the modern civil rights movement. The first conception of civil rights focuses on the question of individual capacity. The antithesis of a person with civil rights is the slave. But even if individuals are declared (...) free, they are nonetheless denied their civil rights if they are unable to own property, to enter into contracts, to make wills, to give evidence, and to sue (and be sued) in courts. With all these civil rights claims, the target of the individual grievance is the state; it has denied large classes of individuals the formal capacities that it recognized and protected in others. The Civil War was fought largely over slavery. In its aftermath, civil rights claims protecting individual capacity received explicit, if imperfect, statutory and constitutional protection. The postbellum protections didnotguarantee these rights in absolute fashion – that is, in a way that would not be susceptible to abridgment under any circumstances. Instead, civil rights were protected in what might be called a relative fashion: whatever rights of this sort were enjoyed by white citizens were to be enjoyed by the newly freed black citizens as well. (shrink)

The U.S. Civil Rights Movement (CRM) is a relevant K-6 topic to learn foundational concepts of social justice and participatory citizenship. Year after year, though, U.S. elementary school lessons typically focus on a Martin Luther King, Jr.-Rosa Parks centered narrative, adapted for character education. This qualitative inquiry invited 66 pre-service teachers to explore social justice education embedded at the core of existing K-6 historical topics. Examining pre-service teachers' knowledge, beliefs, and what and how they plan to teach their (...) future students revealed dated educational philosophies. They held limited content knowledge and sociopolitical critical thinking needed to teach the CRM's civic significance and were conflicted by wanting to both empower students and withhold information. This study describes actions designed to model replicable, justice-oriented lessons and help K-6 pre-service teachers reflect on pedagogical choices and ideologies they adopt. It also calls attention to the challenges of K-6 teacher education and school reform when teachers lack content knowledge and political/cultural awareness. (shrink)

Jesus Christ may be regarded as the chief spirit of agitation and innovation. He himself declared, “I come not to bring peace, but a sword.” One cannot delve seriously into the centuries of activism and scholarship against racism, Jim Crowism, and the terrorism of lynching without encountering the legacies of Timothy Thomas Fortune and Ida B. Wells-Barnett. Black scholars from the 19th century to the present have been inspired by the sociological and economic works of Fortune and Wells. Scholars of (...) American philosophy, however, continue to ignore their writings, their theoretical contributions and their ethical aspirations, preferring instead the insipid declarations of white turn of the century.. (shrink)

In accordance with environmental injustice, sometimes called environmental racism, minority communities are disproportionately subjected to a higher level of environmental risk than other segments of society. Growing concern over unequal environmental risk and mounting evidence of both racial and economic injustices have led to a grass-roots civil rights campaign called the environmental justice movement. The environmental ethics aspects of environmental injustice challenge narrow utilitarian views and promote Kantian rights and obligations. Nevertheless, an environmentaljustice value exists in all (...) ethical world views, although it involves a concept of equitable distribution of environmental protection that has been lacking in environmental ethics discussion. (shrink)

The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI in (...) France, or Digital Economy Act in UK, the paper intends to illustrate how more satisfactory solutions are feasible in the field of online security, such as the new “Police and Criminal Justice Data Protection Directive” that the European Commission presented in January 2012. At least in Western legal systems, it should be clear that either civil rights prevail over security (no balancing), or such balance has to satisfactorily protect individual rights (proportionality). (shrink)

Careful reading of John Dewey’s The Public and its Problems reveals a weak point at the stage when a given public became self-aware and proceeded to seek representation in the institutions of the state. Aside from a general emphasis on art and science, Dewey’s political theory offered no concrete discussion of the means suitable for this phase of the democratic process. Furthermore, the dichotomy between violence and the peaceful means of art and science left no space for the affirmation of (...) nonviolence – the method most capable of amplifying democracy during the decade following Dewey’s death. Accordingly, the article hypothesizes a novel rendition of nonviolence from the standpoint of Dewey’s understanding of art as social inquiry, compares it with Martin Luther King Jr.’s theory and practice of nonviolent dramatization, and ends by presenting a Deweyan reading of the civil rights movement in terms of the framework contained in The Public and its Problems. (shrink)

In analyzing the development of the concept of civil rights since the adoption of the Fourteenth Amendment, two historical accounts seem available. According to the first account, the concept initially encompassed a relatively limited set of rights, associated with the ability of all citizens to engage in the productive activities of the economy and avail themselves of the protection of the legal system. Then the concept gradually expanded to include what had initially been thought of as political (...) rights, such as the right to vote, and then to identify the entire set of rights to equal treatment in all domains of life outside a relatively narrowly-defined private sphere. According to the second account, the concept of civil rights was fuzzy from the outset; although political actors spoke as if they had a clear understanding of distinctions among civil, political, and social rights, close examination of their language shows that the distinctions tended to collapse under slight pressure. (shrink)

Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples, Western 'civil' peoples, and 'developed' peoples, and now to (...) democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law. (shrink)

Robert F. Williams, despite being a central historical figure and noted theorist of the Black radical tradition, is ignored as a subject of philosophical relevance and political theory. His challenges to the racist segregationist regime of the South influenced generations of thinkers and revolutionaries. However he is erased from the annals of thought for his use of armed resistance. This paper aims to introduce his life and work to philosophy as material for study and situate his program of pre-emptive (...) self-defense within the Black radical tradition. (shrink)

Hegel’s detailed analysis of subjective religion and his forceful rejection of the movement in his own political environment to deny civil liberties to Jewish citizens give us the conceptual tools to respond to our contemporary cases of religious extremism without violating the value of the autonomy and inherent worth of the thinking person that fanaticism tramples. This paper first addresses Hegel’s analysis of fanaticism, demonstrating that its rejection of the order of existing structures in favor of an abstract ideal (...) entails the Hegelian concept of spirit. When spirit’s implications are explored, it is evident that immediate religious certainty has the potential to elevate its adherents to thinking consciousness and therefore have the potential to follow its internal dialectics to the point where its convictions correspond with the major ethical principles upheld by modern states. Given the political freedom to explore their own latent truths and inconsistencies, subjective, even fanatical, religious consciousness can strengthen the state by its independent verification of the ideals embodied in the political community. In the meantime, autonomous reflection should be encouraged through free religious expression, including of religious views that run counter to the objective order of the state. However, any destructive attacks on this order must be confronted and stopped. These principles allow us to respond to the current Syrian refugee crisis, the controversy regarding municipal bans on burkinis in France, and violent, religiously-inspired terrorist attacks with clarity and consistency. (shrink)

Paper prepared for the XVIII World Congress of Philosophy, Brighton, U.K.

This paper offers the first philosophical analysis of a form of artificial intelligence (AI) which the author calls facial profiling technology (FPT). FPT is a type of facial analysis technology designed to predict criminal behavior based solely on facial structure. Marketed for use by law enforcement, face classifiers generated by the program can supposedly identify murderers, thieves, pedophiles, and terrorists prior to the commission of crimes. At the time of this writing, an FPT company has a contract with the United (...) States federal government. After recounting how FPT resurrects the same moral problems associated with the pseudoscience of physiognomy, the author of this manuscript develops and defends the ‘Liberal Argument Against Facial Discrimination’ (LAAFD), which concludes that government use of FPT poses a significant risk of violating the classical liberal value of equality before the law by committing unjust discrimination against groups of people whose faces happen to match FPT classifiers. A key move in the argument suggests how a future scenario that results in widespread discrimination based solely on facial structure could be as unjustified and harmful, mutatis mutandis, as similar discrimination based solely on racial background. In the final section, the author of this paper develops prima facie policy proposals designed to protect classical liberal values if FPT is to be utilized by governments in liberal democratic societies. (shrink)

This paper will analyse Hegel's discussion of the relation between family and civil society on the basis of Marx's insight into the discrepancy between Hegel's explicitly logical structure of presentation based on �essential relationships� and his implicitly historical structure of presentation based on �external necessities�. It is intended neither to resolve the dispute between Hegel and Marx nor to apply Marx's critique to passages of the Philosophy of Right that he did not have occasion to discuss. The purpose (...) of this paper is more specific. It will attempt to illustrate the conflict between Hegel's characterization of civil society as a moment of ethical life emerging from the family in a non-contradictory manner, and his characterization of civil society's opposition to, and transformation of, the family. (shrink)

The Philosophy of Human Rights brings together an extensive collection of classical and contemporary writings on the topic of human rights, including genocide, ethnic cleansing, minority cultures, gay and lesbian rights, and the environment, providing an exceptionally comprehensive introduction. Sources include authors such as Aristotle, Cicero, Thomas Aquinas, Confucius, Hobbes, Locke, rant. Marx, Gandhi. Hart, Feinberg, Nussbaum, the Dalai Lama, Derrida, Lyocard and Rorty. Ideal for courses in human rights, social theory, ethical theory, and political (...) science, each reading; begins with a brief introduction, and is followed with study questions and suggested further readings. (shrink)

This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery both at the EU and Member State levels, and assesses their effectiveness. It describes several factors that hinder the implementation of EU fundamental (...) class='Hi'>rights policy and reviews the strategies of civil society to overcome them. It highlights the reluctance of parts of public opinion to combat ethnic prejudice, considers reactions against what at a time of crisis is perceived as a costly project of social regulation, and examines civil society responses. The data sources consist of interviews with bureaucratic and civil society actors at EU level. (shrink)

Democratic civility is a core civic virtue of persons engaged in democratic deliberation. It is a complex trait that includes tolerance of diverse political views, openness regarding civic matters to reasons offered by others, willingness to seek compromise in an effort to find workable political solutions, and willingness to limit one’s individual interests for the public good when there are adequate reasons for doing so. Various writers have noted a tension between rights and civility. Insofar as rights trump (...) general considerations of community welfare and entail claims that can be demanded, an emphasis on individual rights and standing on one’s rights can undermine the sort of civility required for political compromise. Similarly an emphasis on civility might require not standing on rights when doing so is at the expense of the welfare of the community. Notwithstanding this tension, I argue that human rights and democratic civility have a symbiotic relationship. In particular, I argue that democratic civility is important for determining the scope of human rights as they are implemented in institutional structures, and that human rights have an important role to play in shaping the virtue of democratic civility. (shrink)

Democratic civility is a core civic virtue of persons engaged in democratic deliberation. It is a complex trait that includes tolerance of diverse political views, openness regarding civic matters to reasons offered by others, willingness to seek compromise in an effort to find workable political solutions, and willingness to limit one’s individual interests for the public good when there are adequate reasons for doing so. Various writers have noted a tension between rights and civility. Insofar as rights trump (...) general considerations of community welfare and entail claims that can be demanded, an emphasis on individual rights and standing on one’s rights can undermine the sort of civility required for political compromise. Similarly an emphasis on civility might require not standing on rights when doing so is at the expense of the welfare of the community. Notwithstanding this tension, I argue that human rights and democratic civility have a symbiotic relationship. In particular, I argue that democratic civility is important for determining the scope of human rights as they are implemented in institutional structures, and that human rights have an important role to play in shaping the virtue of democratic civility. (shrink)

Do citizens of liberal democratic states have a moral right to engage in civil disobedience? Famously, Joseph Raz argued that they do not. In this article, I defend his argument against some recent challenges, but show how it is tied to a particular model of civil disobedience. On this model, the purpose of civil disobedience is to protest and prevent particularly egregious violations of justice. A moral right to civil disobedience can be grounded on a different (...) model, where the function of civil disobedience is to identify and counterbalance democratic deficits. Against the widespread tendency amongst theorists of civil disobedience to want to defend civil disobedience as the exercise of a moral right, however, I do not then argue for the adoption of the democratic model. Whilst I acknowledge the reasons behind wanting a rights-based defence, and concede that different kinds of civil disobedience might have to be defended on different grounds, I sound a note of caution. The meta-theoretical relation between moral grounds and political function uncovered in this article works both ways. It should make theorists more mindful of the self-understanding to which a rights-based moral defence of civil disobedience commits protesters. (shrink)

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration (...) and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience. (shrink)

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration (...) and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience. (shrink)

This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.

An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from (...) which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory. (shrink)