Political Authority

Journal of Political Philosophy, EarlyView.

This article offers a new interpretation of the second ‘theological’ pattern in Plato’s Republic. Situating Plato within his religious context, it argues that this pattern calls into question the traditional ancient model of divine epiphany. Divine epiphany was a central element in Greek religion. Yet, in the absence of a centralized religious organization, this model threatened the philosophers’ authoritative position. Plato’s second pattern seeks not only to undermine this potential threat but also to pave the way towards a new, philosophicalmodel (...) of divine epiphany, thus further establishing the philosophers’ authority and legitimacy within and outside his ideal city. (shrink)

I offer a Kantian argument for the idea that the state lacks the authority to punish neglected, impoverished citizens when they commit crimes to cope with that neglect. Given Kant’s own commitments to the value of external freedom and the state’s obligation to ensure it in Doctrine of Right, there is no reason a Kantian state can claim authority to punish an impoverished citizen while also failing in significant ways to protect her external freedom.

The Canadian Department of Citizenship and Immigration has recently proposed to make in-person citizenship ceremonies optional. These ceremonies are oaths of allegiances: naturalizing citizens swear loyalty to King Charles and obedience to the laws of Canada. The Department of Citizenship and Immigration proposes to allow naturalizing citizens to take these oaths by checking a box online rather than by taking part in an in-person ceremony. In this commentary, I argue that Canada should go much further. It should stop forcing naturalizing (...) immigrants to swear oaths of allegiance altogether. Such oaths create an unjust inequality between naturalized and natural-born citizens: they mean the former have much weightier political obligations than the latter. (shrink)

Democracy is widely praised as a great achievement of humanity. However, in recent years there has been an increasing amount of concern that its functioning across the world may be eroding. In response, efforts to combat such change are emerging. Considering the pervasiveness of technology and its increasing capabilities, it is no surprise that there has been much focus on the use of artificial intelligence (AI) to this end. Questions as to how AI can be best utilized to extend the (...) reach of democracy to currently non-democratic countries, how the involvement in the democratic process of certain demographic groups (e.g. ethnic minorities, women, and young people) can be increased, etc. are frequent topics of discussion. In this article I would like not merely to question whether this is desirable but rather argue that we should be trying to envisage ways of using AI for the exact opposite purpose: that of replacing democratic systems with better alternatives. (shrink)

Many philosophers have recently become interested in conceptual engineering, or the activity of producing better conceptual schemes in human populations. But few, if any, are asking the question: what would it mean for actual human agents to possess the social authority to modify a conceptual scheme in this way? This paper argues for a deontological approach to conceptual engineering, wherein we have to secure social authority qua engineers before attempting to modify social concepts. I show that the dominant, consequentialist conception (...) of engineering violates basic rights that concept-users have, particularly over their own identity-constituting concepts. Using examples from the philosophy of race and sexuality, I show that conceptual engineers cannot authoritatively modify social concepts if they employ consequentialist reasoning about those concepts. (shrink)

Michael Wendeler’s disputation on the Turkish republic is a discussion of Ottoman history, political philosophy, and the concept of monarchy and tyranny. Half of his disputation concerns the identification of the Turks with the little horn which arises on the head of the fourth beast in the prophet’s vision described in the Book of Daniel 7:1–28. Giving copious historical references, Wendeler explains that this little horn cannot be referring to Christ as the Jews believe, nor to the Seleucid monarch Antiochos (...) Epiphanes as the Calvinists believe. Nor can it be identifed with the Antichrist as the Catholics believe. Wendeler puts forth a detailed argument that the little horn on the fourth beast in the prophecy of Daniel can only be identified with the Turkish monarch (Ottoman Sultan). In conclusion, Wendeler draws a parallel between the monstrous ‘little horn’—the tyrannical Turkish monarchy—and the tyranny of the Catholic Church, exemplified by the untrustworthy Pope and the satanic writings of the Catholic Machiavelli. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

Is political equality viable when a capitalist economy unequally distributes private property? This book examines the nexus between wealth and politics and asks how institutions and citizens should respond to it. -/- Theories of democracy and property have often ignored the ways in which the rich attempt to convert their wealth into political power, implicitly assuming that politics is isolated from economic forces. This book brings the moral and political links between wealth and power into clear focus. The chapters are (...) divided into three thematic sections. Part I analyses wealth and politics from the perspective of various political traditions, such as liberalism, republicanism, anarchism, and Marxism. Part II addresses the economic sphere, and looks at the political influence of corporations, philanthropists, and commons-based organisations. Finally, Part III turns to the political sphere and looks at the role of political parties and constitutions, and phenomena such as corruption and lobbying. -/- Wealth and Power: Philosophical Perspectives will be of interest to scholars and advanced students working in political philosophy, political science, economics, and law. (shrink)

The paper examines one of the considerations that determines the extent to which policymakers pursue the objec- tives demanded by constituents. The nature and extent of their ignorance serve to determine the incentives confronted by policymakers to pursue their constituents’ demands. The paper also considers several other consequences of policymaker ig- norance and its relationship to expert failure.

Confucian political authority is often assumed illegitimate and it is regarded as meritocratic rather than democratic. However, I disagree with such an assumption, because from my perspective, Confucian political authority actually has a potential legitimacy which may contribute to establishing a responsive and harmonious state. Doing so, I argue that, since Confucian political authority is derived from the idea of “service” and “reciprocity,” it therefore advocates non-coercive moral persuasion and reciprocal obligations. In the following discussion, I will point out that (...) certain modern democratic theories on political authority, such as those concerning “general acceptability,” “consent,” “autonomy,” and “paternalism,” are inadequate to refute the legitimacy of Confucian political authority. Accordingly, I will propose that our contemplation over whether Confucian political authority is legitimate or not ought to be furthermore widened and deepened. (shrink)

The state is central to social scientific and historical inquiry today, reflecting its importance in domestic and international affairs. States kill, coerce, fight, torture, and incarcerate, yet they also nurture, protect, educate, redistribute, and invest. It is precisely because of the complexity and wide-ranging impacts of states that research on them has proliferated and diversified. Yet, too many scholars inhabit separate academic silos, and theorizing of states has become dispersed and disjointed. This book aims to bridge some of the many (...) gaps between scholarly endeavors, bringing together scholars from a diverse array of disciplines and perspectives who study states and empires. The book offers not only a sample of cutting-edge research that can serve as models and directions for future work, but an original conceptualization and theorization of states, their origins and evolution, and their effects. (shrink)

Orson Scott Card and his Ender Series have had a profound impact on the genre of contemporary science fiction, meriting an academic analysis of some of his more theoretical ideas. I have chosen to analyze his concept of “Center” and “Edge” nations found in Xenocide and Children of the Mind through the lens of international relations, sociological, and political theory, in order to bring nuance to an underdeveloped theory that many non-academics may be familiar with. Ultimately, we must conclude that (...) Card’s concept of “Center” and “Edge” nations is too stagnant and does not account for social and hegemonic change, which influences the justifications of why these “nations” may be considered “Center” in the first place. (shrink)

Those who bear the burdens of injustice and oppression are entitled to act in ways contrary to existing laws and institutions to secure their own entitlements and those of others. This article aims to articulate a Confucian perspective on resistance against injustice. There are reasons for thinking that the notion of resistance is fundamentally at odds with Confucian political thought. In this article, I move beyond this simple conflict/compatibility model and explore the complex relationships between resistance and Confucianism. On one (...) hand, some of Confucianism’s core commitments can be better attained in contemporary societies by allowing resistance; on the other, a Confucian perspective can offer insights into current discussions on the ethics of resistance. (shrink)

What gives some people the right to issue commands to everyone else and force everyone else to obey them? And why should people obey the commands of those with political power? These two key questions are the heart of the issue of political authority, and, in this volume, two philosophers debate the answers. Michael Huemer argues that political authority is an illusion and that no one is entitled to rule over anyone. He discusses and rebuts the major theories supporting political (...) authority's rightfulness: implicit social contract theory, hypothetical contract theories, democratic theories of authority, and utilitarian theories. Daniel Layman argues that democratic governments have authority because they are needed to protect our rights and because they are accountable to the people. Each author writes two replies directly addressing the arguments and ideas of the other. Key Features Covers a key foundational problem of political philosophy: the authority of government. Debate format ensures a full hearing of both sides. A Glossary includes key concepts in political philosophy related to the issue of authority. Annotated Further Reading sections point students to additional resources. Clear, concrete examples and arguments help students clearly see both sides of the argument. A Foreword by Matt Zwolinski describes a broader context for political authority and then traces the key points and turns in the authors' debate. (shrink)

Those who bear the burdens of injustice and oppression are entitled to act in ways contrary to existing laws and institutions to secure their own entitlements and those of others. This article aims to articulate a Confucian perspective on resistance against injustice. There are reasons for thinking that the notion of resistance is fundamentally at odds with Confucian political thought. In this article, I move beyond this simple conflict/compatibility model and explore the complex relationships between resistance and Confucianism. On one (...) hand, some of Confucianism’s core commitments can be better attained in contemporary societies by allowing resistance; on the other, a Confucian perspective can offer insights into current discussions on the ethics of resistance. (shrink)

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

Public reason liberals claim that legitimate rules must be justifiable to diverse perspectives. This Public Justification Principle threatens that failing to justify rules to reprehensible agents makes them illegitimate. Although public reason liberals have replies to this objection, they cannot avoid the challenge of powerful deceivers. Powerful deceivers trick people who are purportedly owed public justification into considering otherwise good rules unjustified. Avoiding this challenge requires discounting some failures of justification according to what caused people’s beliefs. I offer a conception (...) of public justification that accommodates these externalist considerations while positioning Public Reason Liberalism to provide insight into real cases of deception. (shrink)

This chapter sets out John Rawls’s conception of autonomy and considers the role that it plays in his thought across A Theory of Justice and Political Liberalism. I suggest that one distinctive but overlooked feature of this conception is that it takes seriously the threat to autonomy that arises from how individuals are shaped by their social and political institutions. After setting out this conception and tracing its connections to wider discussions of autonomy, I argue for two main conclusions. First, (...) that despite appearances to the contrary, Rawls’s autonomy-based commitments are broadly speaking consistent across his two main works. Second, that these autonomy-based commitments are not in fact disbarred from playing a grounding role in Political Liberalism. On the contrary, I suggest that Rawls’s conception of autonomy motivates his aim of finding principles of justice that can be stable, and that this in turn illuminates his later commitment to a political liberalism. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their host states. They (...) have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

Bolzaneto, Abu Grahib, Guantanamo: luoghi in cui la tortura è riemersa nel “civile”occidente contemporaneo. A perpetrarla sono i rappresentanti di uno Stato che si definisce “di diritto”: uno Stato la cui giustificazione ultima è la difesa e la protezione dei diritti inviolabili degli individui. La tortura, lungi dall’essere scomparsa, dunque permane come tecnica di potere nei moderni stati democratici. Essa non solo persiste come dato di fatto. Al contrario, negli ultimi decenni sono riemerse giustificazioni della tortura come pratica legale e (...) legittima per garantire la sicurezza dello Stato. Di fronte a queste nuove giustificazioni della tortura è oggi più che mai importante lasciarsi guidare dall’esperienza storica piuttosto che da ipotetici scenari futuri e, seguendo l'amonimento della studiosa statunitense Judith Shklar, fondare la difesa dei diritti sull’assunto, “ampiamente giustificato da ogni pagina di storia politica, che alcuni rappresentanti del potere statale si comporteranno regolarmente, su piccola o grande scala, in modo illegale e brutale, a meno che non venga loro impedito di farlo”. (shrink)

At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regulated by the same principles. Drawing on his model of dynamic coordination, I (...) will reconstruct the Humean case for developing international law into a more robust legal system and also highlight the limitation of Hume’s account of justice for such a reconstructive project. Hume’s lessons are enduring; we must strengthen the essential features of international law that allow states and individuals to reap the benefits of its protections, such as nonoptional rules that articulate a moral minimum, courts with compulsory jurisdiction, and stronger mechanisms of enforcement. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...) parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

This article presents Minobe Tatsukichi’s emperor organ theory as a novel understanding of the temporality of founding. In contrast to a conventional framework of founding which legitimizes the constitution by postulating the pre-constitutional power of “the people,” emperor organ theory invents “the people” out of the Meiji Constitution as a democratically empowered subject to-come. In so doing, emperor organ theory calls upon the transformation of shin-min (臣民), the presumed subject of the emperor, into koku-min (国民), the people of this constitutional (...) state. However, emperor organ theory also highlights the contingency of founding moments: though koku-min emerged through the Diet as a conceptually new political actor in Japan’s nascent constitutional state, it never solidified its sovereign status as “the people.”. (shrink)

Vardoulakis examines the concept of political theology in terms of the ancient greek term "stasis." The term "stasis" means both mobility and immobility. Vardoulakis explores these seemingly contradictory meanings generate a notion of agonistic politics that challenges perceived ideas about political theology.

What kind of thing, as it were, is power and how does it fit into our understanding of the social world? I approach this question by exploring the pragmatic character of power ascriptions, arguing that they involve fictional expectations directed at an open future. When we take an agent to be powerful, we act as if that agent had a robust capacity to make a difference to the actions of others. While this pretense can never fully live up to a (...) social reality whose future is open, acting on such expectations helps constitute social order. Fictional expectations are thus built into the material practices that constitute power. This account, I argue, helps us make sense of some of the deep disagreements about the nature of power. I develop the account by drawing on Thomas Hobbes’s myth of an original institution of sovereign power before expanding it to other forms of power. (shrink)

Edmund Burke’s political philosophy is generally known as the theoretical foundation of Western conservatism. In his intellectual elaboration, society is an organic complex organized in many stratified social classes. But who has the right to lead the community towards the common good? Burke’s answer to that question is: the natural aristocracy. Being the society «a clause in the great primeval contract of eternal society» – so writes Burke –, all creatures are «each in their appointed place». And the group destined (...) to lead the whole is represented by the natural aristocracy. However, this aristocracy shouldn’t be entirely confused with the big landowners and with the traditional nobility; rather, Burke’s vision is founded over a classical concept based on virtue and wisdom, and the natural aristocrats are described as «those who are virtute et honore majores». Hence, the aristocracy of birth and wealth is only a part of it — and every civil society will develop a natural aristocracy, or else fall into chaos and subversion. (shrink)

How baroque was Spinoza in his treatment of the prophets? I examine this question by comparing the pictorial treatments of Moses from the Netherlands to Spinoza’s treatment of Moses at the beginning of the Theological Political Treatise. I concentrate on two representations of Moses descending from mount Sinai, one by Ferdinand Bol and the other by Rembrandt. Of particular importance is the idea of hierarchy. I will argue that Spinoza takes an ambiguous position in relation to baroque, on the one (...) hand following the baroque’s drastic spatiotemporal condensation that questions hierarchies, but on the other refusing the baroque’s representation of unmediated or unjustified sovereign violence. (shrink)

The article explores the distinction between authority and authoritarianism from the perspective of the concept of sovereignty.

The debate over rival conceptions of political legitimacy tends to focus on first-order considerations—for example, on the relative importance of procedural and substantive values. In this essay, I argue that there is an important, but often overlooked, distinction among rival conceptions of political legitimacy that originates at the meta-normative level. This distinction, which cuts across the distinctions drawn at the first-order level, concerns the source of the normativity of political legitimacy, or, as I refer to it here, the grounds of (...) political legitimacy. If we focus on the grounds of political legitimacy, there are three main conceptions of political legitimacy: will-based, belief-based, and fact-based conceptions. I present an objection to each of those main conceptions and defend a hybrid account of the grounds of political legitimacy. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through (...) the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be (...) seen as part of an ongoing transformation in the relations between Indigenous peoples and the Australian state. (shrink)

W artykule tym przedstawiam koncepcję rozwoju autorstwa wybitnego nigeryjskiego myśliciela i demokraty Claude’a Akego. Ake zaproponował abstrakcyjny paradygmat rozwoju społeczeństw afrykańskich w warunkach demokracji. Paradygmat ten opiera się na rolnej strategii rozwoju, zgodnie z którą powinien być on uzyskiwany małymi krokami i pierwotnie generowany na wsi. Ake zdefiniował rozwój jako proces, „poprzez który ludzie kształtują i zmieniają siebie oraz swoją sytuację życiową, by osiągać wyższe poziomy cywilizacyjne, zgodnie z własnymi wyborami i wartościami”. Zdaniem nigeryjskiego myśliciela, rozwój jako proces zbiorowy powinien (...) być wytwarzany przez tych, którzy mają go doświadczać. Ake krytykował dominujący, jego zdaniem, zachodni paradygmat rozwoju Afryki, zgodnie z którym rozwój może zostać narzucony Afrykanom z zewnątrz, a demokratyczna władza wcale nie musi stanowić warunku sine qua non rozwoju. W opinii Akego, zachodnie próby zintensyfikowania rozwoju w Afryce, które cechował brak zrozumienia dla afrykańskich uwarunkowań kulturowych, w tym sposobów myślenia i życia Afrykanów, skończyły się porażką. Koncepcja Akego, choć ciekawa i poparta ważnymi argumentami oraz przykładami, nie jest wolna od uogólnień i sprzeczności. Co więcej, jak się wydaje, nigeryjski myśliciel zaprezentował model rozwoju bliski autarkii i wyzuty z realiów współczesnej ekonomii. W konsekwencji krytycznie oceniam część opinii Akego i ukazuję podstawowe, moim zdaniem, ich mankamenty. (shrink)

The article reviews the book Intercivilizational Dialogue on Peace, by Madhuri Santanam Sondhi.

Monografia ta traktuje o ograniczaniu konfliktów w relacjach między segmentami społecznymi (takimi jak grupy etniczne, wspólnoty religijne), w których członkostwo opiera się na podstawach askryptywnych i kulturowych, a także między nimi a władzą centralną w Nigerii i Indonezji. Państwa te mają burzliwą historię niepodległego bytu, ogromne wieloetniczne i wieloreligijne populacje, duże gospodarki oraz zasoby surowców energetycznych. Jak wskazują liczne raporty, będą wkrótce należeć do najważniejszych w świecie. W Nigerii i Indonezji funkcjonują systemy polityczne oparte na tzw. power-sharing (współrządzeniu), tj. takie, (...) które za pomocą specyficznych formalnych i nieformalnych instytucji (rozumianych jako zespoły reguł) dopuszczają do udziału we władzy elity polityczne wywodzące się z różnych segmentów etnicznych i religijnych. Celem instytucji power-sharing jest budowanie pokoju i stabilności politycznej. Autor badań, których owocem jest ta praca, dokonał identyfikacji, wyjaśnienia i analizy roli oraz genezy najistotniejszych z nich, dowodząc zarazem, że w Nigerii i Indonezji współistnieją instytucje dwóch głównych modeli power-sharing, tj. konsocjonalizmu i centrypetalizmu. W konsekwencji wykazał, że międzysegmentowe współrządzenie w obu państwach ma charakter hybrydowy. Jest to poszerzenie empirycznej teorii power-sharing. Jej klasycy, Arend Lijphart (konsocjonalista) i Donald L. Horowitz (centrypetalista), nie przywiązywali większej wagi do możliwości implementacji instytucji dwóch modeli w ramach tego samego systemu politycznego. Tymczasem w Nigerii i Indonezji łączenie instytucji centrypetalnych i konsocjonalnych przyczyniło się do ograniczenia konfliktów. (shrink)

Europe has never had a single definition for the term ‘citizen.’ Indeed, over the centuries the significance of this term has undergone far-reaching evolution. In different historical periods, different states, and different European languages, this term has had diverse meanings and has been used in varying contexts. The concept of ‘citizen’ has repeatedly been defined anew depending upon specific political, social, and economic conditions. At various periods, the term ‘citizen’ has related to a wider or narrower portion of a given (...) state’s society. The criteria by which an individual was said to form a part of the body of citizens have also differed. The changes which have taken place in the definition of a ‘citizen’ over the centuries are enormous. This is not to say, however, that there has been no common core to the concept of citizen as it has taken shape over the course of hundreds of years. As far back as ancient times, a member of the state could influence the shaping of that state’s authorities and could participate in government. It is the Aristotelian concept of the citizen – a concept that has influenced all historical models of citizenship since – which is at the root of the citizen understood as a political animal (politikon zoon). In addition, personal freedom has always been a sine qua non for possessing citizen status. Thus, a citizen has always been, and remains, the opposite of a slave. It has also come to be accepted that citizenship implies the primacy of an individual’s rights in a state over an individual’s obligations to that state. The polar opposite of this situation in the historical dimension is subjection to the monarch in an absolute monarchy. Thus the ‘citizen’ also stands in opposition to the ‘subject.’ When speaking of the historical models containing the said ‘citizenship traits’ of a person’s status in the state, we usually refer to the model of the citizen in ancient times, in medieval municipal citizenship, and in modern times, in the fully−formed nation-state. It is difficult to imagine a citizen in an absolute monarchy, and in a world of subjection. Still, it is possible to give rein to one’s imagination and perceive citizens in such a setting; one could even go a step further and call the subject of an absolute monarch a citizen. But is imagination truly necessary in order to conduct such a seemingly obvious reversal of perspective? Published as a chapter in Krzysztof Trzciński (ed.), The State and Development in Africa and Other Regions, Warsaw University & ASPRA, Warsaw 2007, pp. 319-332. (shrink)

There are various ways of reducing conflicts and of stabilizing the political situation in states where society is made up of many different ethnic groups and religious communities, and where relations between these segments – or between them and the central government – are tense. A particularly important way is the establishment in those states of a political system based on power-sharing (PS), which allows members of various ethnic and religious segments to take part in the exercise of power. The (...) literature on the subject usually discusses two models of PS: consociationalism and centripetalism. A third model is encountered in practice, however, that of hybrid power-sharing (HPS), which combines the institutions of the first two. The main objective of this article is to explain the nature and origins of HPS. (shrink)

So far, most of the philosophical literature on occupations has tried to assess the legitimacy of military rule in the aftermath of armed conflicts by exclusively employing the theoretical resources of just war theory. In this paper, I argue that this approach is mistaken. Occupations occur during or in the aftermath of wars but they are fundamentally a specific type of rule over persons. Thus, theories of political legitimacy should be at least as relevant as just war theory for the (...) moral evaluation of occupations. This paper, therefore, draws on both traditions and argues that just war theory plays a limited role in identifying the purposes and appropriate agents of occupation authority, but that theories of legitimacy are necessary for explaining why and under which conditions foreign actors have the right to rule in the aftermath of armed conflicts. (shrink)

Kara – jako immanentny element społeczeństwa – jest obiektem szeroko zakrojonych badań teoretyków różnych dziedzin – prawników, filozofów jak i socjologów. Bardzo często refleksje na jej temat wiązały się z artykułowaniem określonych postulatów – analiza tego, czym jest kara, przybierała tu postać twierdzeń o tym, czym kara być powinna. Dopiero wiek XIX przyniósł głębsze zainteresowanie historią kary. To wtedy właśnie analizy karania zaczęły przyjmować charakter deskryptywny, starając się ująć, jaką funkcję przypisywano karze w danym społeczeństwie w określonym momencie historycznym. Wydaje (...) się, że właśnie w tym paradygmacie należy osadzić to, co na temat przeobrażeń systemów karania miał do powiedzenia Michel Foucault. Charakterystyczne dla Foucaultowskiego ujęcia procesu przeobrażeń systemu karania byłoby przy tym to, że karę traktuje on jako „złożoną funkcję społeczną” a towarzyszące jej metody analizuje nie jako „proste konsekwencje przepisów prawa (…), ale jako swoiste techniki, które należałoby widzieć w szerszym kontekście metod sprawowania władzy”. Dokonana przez Foucaulta analiza ukazuje, że dana forma karania jest ściśle sprzężona z aktualną technologią władzy – służy wsparciu władzy i realizacji właściwych jej celów. Przyjęte przez Foucaulta założenie, by karę ujmować w pierwszym rzędzie jako funkcję polityczno-społeczną, a właściwie środek sprawowania władzy, otwiera nowe możliwości zrozumienia nie tylko historycznych metod karnych, lecz umożliwia również zrozumienie wciąż kontrowersyjnego zjawiska więziennictwa. Opis dostarczony przez francuskiego historyka idei pozwala uzasadnić fakt, że trwające od prawie 200 lat więziennictwo, mimo często druzgocącej krytyki, wciąż stanowi podstawę systemu karnego. Paradoksalny - bo permanentny - kryzys więziennictwa oznacza, że więziennictwo – w takiej samej mierze, w jakiej kiedyś starało się realizować funkcje właściwe władzy dyscyplinarnej – dzisiaj jest narzędziem realizującym funkcje właściwe biowładzy. Na kanwie analizy karania zaproponowanej przez Foucaulta trwanie więziennictwa wynika z faktu, że to, co z perspektywy starego modelu władzy dyscyplinarnej jawi się jako porażka - a więc zjawisko recydywy czy niesprawiedliwość systemu karnego – z perspektywy biowładzy jawi się jako pochodna nowych sposobów sprawowania władzy. (shrink)

Since at least the 1980s, police departments in the United States have embraced a set of practices that aim, not to enable the prosecution of past criminal activity, but to discourage people from breaking the law in the first place. It is not clear that these practices effectively lower the crime rate. However, whatever its effect on the crime rate, I argue that preventive policing is essentially distinct from legal governance, and that excessive reliance on preventive policing undermines legal governance. (...) To show this, I emphasize law’s unique aptitude to define legal subjects’ ‘manifest’ status relations – that is, the rights and obligations that live within their local practices. I then argue, first, that preventive policing does not aim to define these relationships; and second, that excessive preventive policing threatens the relationship that law must bear with its subjects if law is to define their manifest relations authoritatively. (shrink)