Rights, Misc

McMahan’s own example of a symmetrical defense case, namely his tactical bomber example, opens the door wide open for soldiers to defend their fellow-citizens (on grounds of their special obligations towards them) even if as part of this defense they target non-liable soldiers. So the soldiers on both sides would be permitted to kill each other and, given how McMahan defines “justification,” they would also be justified in doing so and hence not be liable. Thus, we arrive, against McMahan’s intentions, (...) at a moral equality of combatants. In addition, his own account of liability cannot deal adequately with symmetrical defense cases in the first place. This undermines his presupposition that justification defeats liability, which is central to his defense of the moral inequality of combatants. I shall argue that McMahan’s attempts to counter these objections fail and that therefore his general claim of the moral inequality of combatants remains unpersuasive. (shrink)

European Journal of Political Theory, Ahead of Print.

On varsin yleisesti hyväksyttyä, että rangaistuksen ilmaisullinen tehtävä - eli se, että se ilmaisee yhteisön paheksuntaa - on yksi sen ominaispiirre. Viime aikoina on kuitenkin esitetty myös kunnianhimoisempia väitteitä siitä, että rangaistuksen voisi oikeuttaa sen ilmaisullisella tehtävällä. Nämä näkemykset ovat myös saaneet runsaasti kritiikkiä. Tässä esseessä kehittelen aiemmin muotoilemaani versiota ekspressiivisestä rangaistusteoriasta, jonka mukaan asenteiden toiminnallinen ilmaisu rankaisemalla on oikeutettua siksi, että muuten rikoksen uhrilla ei ole hänelle kuuluvaa oikeudenhaltijan statusta. Jos ihmisen oikeuksia voi loukata rangaistuksetta, ne jäävät moraaliseksi ihanteeksi (...) eivätkä toteudu sosiaalisina tosiasioina. Esitän, että tämä näkemys välttää ainakin useimmat muille ilmaisuteorioille esitetyt haasteet. (shrink)

This volume features new approaches to social contract theory. Whereas traditional social contract theories and their adaptations in the 20th century were developed for fairly homogeneous societies, societies in the 21st century often are characterized by conflicting first-order directives that stem from deep moral, political, religious, and cultural diversity. To address such diversity and the complexities of contemporary societies, new approaches (including formal approaches) to social contract theory have emerged that re-envision the social contract for a fragmented and sometimes polarized, (...) yet interdependent, social world. New social contract theory explores how, in a world of continuous disagreement on questions of justice, in particular the ideals of liberty and equality, society not only can progress, but also flourish and become more robust and open in its social fabric. This volume brings together, for the first time, defenders and discussants of new social contract theory. It includes contributions by eminent and emerging scholars in this field. The volume clarifies the distinct features of new social contract theory and provides a valuable starting point for discussion of this novel movement in social contract theory. (shrink)

When mature minors face a decision with important consequences, such as whether to undergo a risky but potentially life-saving medical procedure, who should decide? Relying on liberal political theory’s account of the importance of decisional autonomy for adults, and given the scalar nature of the capacities needed to exercise decisional autonomy, I argue that mature minors with the requisite capacities and commitments have a right to decisional autonomy though they are not yet 18. I argue for this right using a (...) ‘balancing of interest’ account of rights: the interest mature minors have in decisional autonomy outweighs their parents’ interest in shaping their children as a means of ‘creative self-extension’. But I propose two limitations on this right: requests for waivers of the rule that one must be at least 18 to decide cannot be so numerous as to make adjudication impractical; and though a competent adult’s voluntary decision to refuse medical treatment should generally be respected, the state may reject a mature minor’s decision upon review by an indifferent judge of the minor’s capacities and reasons. The judge reviews not the substantive merits or prudence of the decision, but whether the decision promotes the interest in decisional autonomy, by asking among other things whether the decision is the minor’s own, is tethered to core commitments rather than based on arbitrary preferences, and could be regarded as reasonable to the minor’s ‘future self’. (shrink)

In this paper I attempt to show how an appeal to a particular kind of collective obligation - a collective obligation falling on an unstructured collective consisting of the world’s population as a whole – can be used to undermine recently influential objections to the idea that there is a human right to health which have been put forward by Gopal Sreenivasan and Onora O’Neill. -/- I take this result to be significant both for its own sake and because it (...) helps to answer a challenge often put to Those who argue for the existence of collective obligations: namely, to explain why the question of whether there are any such obligations might matter from a practical point of view. One way of introducing the objection is to focus on questions of agency. Here I'll argue both that there can be obligations on groups that are not themselves collective agents, and that these can play an important explanatory and clarifcatory role in accounting for obligations which fall on individuals. (shrink)

Perhaps the biggest disconnect between philosophers and non-philosophers on the question of gun rights is over the relevance of arms to our dignitary interests. This essay attempts to address this gap by arguing that we have a strong prima facie moral right to resist with dignity and that violence is sometimes our most or only dignified method of resistance. Thus, we have a strong prima facie right to guns when they are necessary often enough for effective dignified resistance. This approach (...) is distinctively non-libertarian: it doesn’t justify gun rights on the basis of (mere) liberty or security. Nonetheless it is compatible with libertarian defenses of gun rights based on a liberty right to guns, and, if sound, in fact lowers the bar for gun rights in some ways, as it justifies access to guns even when nonviolent means would better achieve the liberty or security aims of potential victims. And although this defense of gun rights is most readily categorized as “conservative” or rightist, it relies upon principles and intuitions about dignity popular among progressives in other domains, such as in disability, women’s, or LGBT rights debates. (shrink)

When someone is poised to fail to fulfil a moral duty, we can respond in a variety of ways. We might remind them of their duty, or seek to persuade them through argument. Or we might intervene forcibly to ensure that they act in accordance with their duty. Some duties appear to be such that the duty-bearer can be liable to forcible interference when this is necessary to ensure that they comply with them. We’ll call duties that carry such liabilities (...) enforcement-apt. Not all duties seem to be enforcement-apt. Some, for example, accept that a person in a monogamous marriage has a moral duty to refrain from infidelity, but deny that a spouse can be compelled to comply with their duty to be faithful without transgressing her rights. More controversially, some think that our duties to assist others in severe need are not enforcement-apt. What could explain the contrast between duties that are enforcement-apt while and those that are not? We’ll call this the puzzle of enforceability and our paper considers three broad strategies for responding to it. The first strategy takes the form of identifying some substantive feature or features that are necessary and/or sufficient for a duty to possess some enforcement status. We consider a range of candidate explanations of this sort but find that none are plausible. The second strategy rejects the idea that there are genuinely enforcement-inapt duties and instead seeks to explain why there can nonetheless be marked differences amongst duties concerning how they can be enforced and who can enforce them. We find that this strategy too is largely unsuccessful. The third strategy offered seeks an explanation of differences in enforcement status by appeal to the broader social costs of enforcing certain kinds of duties. We find that this approach holds some promise but note that it requires adopting a controversial set of moral commitments. We conclude by considering our options in the absence of a solution to our puzzle. (shrink)

As early as 1962, Jürgen Habermas was convinced that Karl Marx’s theoretical attempt to ‘turn Hegel the right side up’ had resulted in a one-sided embrace of revolution and a perilous rejection of legality and rights. Habermas would restate these remarks thirty years later in Between Facts and Norms, noting that the collapse of state socialism, with its characteristic disdain for legality and rights, culminated in the discrediting of revolutionary Marxism. This article revisits Habermas’s theoretical dichotomy between revolution and legality (...) in view of his ambivalent relationship to ‘Marx’s spectre’ and shows its significance for Habermas’s ongoing debate with Wolfgang Streeck concerning the tension between democracy and capitalism. Using textual evidence from Marx’s neglected journalistic writings before, during, and after the 1848 revolutions, the article offers a competing perspective of Marx’s views on legality and rights at a time when their respective fates were critically at stake. A careful reconsideration of Marx’s reflections and a confrontation with his spectre offers Habermas fruitful resources for responding to Streeck’s critique and for reviving the project of ‘radical reformism’ at a time when the liberal constitutional order finds itself under attack. (shrink)

This article seeks to illuminate the figure of the child in democratic politics by arguing that children play a constitutive role as temporary outsiders who present both renewal and risk to the demos. Using Hannah Arendt’s concept of natality, we begin with an ontological account of children as new individuals that are central to renewing democratic freedom and plurality. In the second section, we explore how children can be conceived in terms of political risk by focussing on Arendt’s debate with (...) Ralph Ellison concerning the desegregation of American schools in the 1960s. Their arguments about whether children should appear in politics underscores the constitutive role that child–adult relationships play in debates about the normative fabric of democratic society. Finally, we use the radical democratic theory of Chantal Mouffe to argue that children can be characterised as an excluded group of potential adversaries that appear in political contests over claims to represent the demos. From this perspective, the article reveals that children are central figures in democratic politics because they are constituents of an unknown future polity. (shrink)

Critics of exclusionary borders might be tempted to appeal for more hospitality, but this essay argues that such an approach is misguided and develops an alternative framework called solidarity borders. The ongoing legacies of imperialism, the functioning of global capitalism, and insights from democratic theory show that we need to problematize two key presuppositions of hospitality: a clear distinction between hosts and guests, and the exclusive right of the former to impose conditions. Moreover, Jacques Derrida provides limited guidance as to (...) how to enact necessarily conditional hospitality in the most just manner. By contrast, Iris Marion Young’s social connection model highlights the shared responsibility that actors bear to reduce structural injustice. Drawing out the implications of Young’s work for migration and borders, I argue that solidarity borders would build upon, expand, and modify the existing refugee regime. (shrink)

In Humanity Without Dignity, Sangiovanni offers an interesting new approach to human rights theory called the “Broad View” of human rights. The BV involves an innovative attempt to overcome th...

There is now an awakening to and recognition of the emotionally complex lives of some non-human animals. While their forms of consciousness may vary, some are indeed conscious and deserve political consideration. What that political consideration ought to be is the central topic of this article. First, I argue that interspecies justice must be understood in terms of the relationships that foster individual flourishing of all concerned. The obstacles to such flourishing are the five faces of oppression famously identified by (...) Iris Marion Young: exploitation, marginalization, powerlessness, cultural imperialism, and violence. By extending Young’s concept of the social group to intra- and interspecies groups, we become more attuned to differences between and among species. Theorizing the existence of interspecies groups brings forward new avenues to explore oppression and simultaneously theorize its opposite – interspecies justice. Second, I argue that a positive theory of interspecies flourishing can be developed on the basis of Marx’s materialist philosophy and reclamation of species-being. Though Marx uses humanist language throughout the Economic and Philosophic Manuscripts of 1844, attention to his methodological commitments reveals that some non-human animals can no longer be excluded from the capability of flourishing and species-being. Some non-human animals are conscious, act purposefully, and labor creatively and must be included in our circle of moral and political concern. (shrink)

Journal of Social Philosophy, EarlyView.

This article intervenes in a critical debate about the use of consent to distinguish sex from rape. Drawing from critical contract theories, it argues that sexual consent is a cruel optimism that often operates to facilitate, rather than alleviate, sexual violence. Sexual consent as a cruel optimism promises to simplify rape allegations in the popular cultural imagination, confounds the distinction between victims and agents of sexual violence, and establishes certainty for potential victimizers who rely on it to convince themselves and (...) others that their partners implicitly or explicitly agreed to sex. In each of these cases, the power of consent rests in its tendency to obscure sexual violence in a set of questions around victimhood and agency, rather than to clarify whether or when it has occurred. Following in the critical contract tradition, this article argues that the optimistic attachment to the clarifying power of consent helps to explain the persistent commitment to better sexual consent as a ‘solution’ to the problems of rape and sexual violence, and that this ‘solution’ is insufficient to the task. (shrink)

There has been a marked increase in the active involvement of children and young people in social research. This move is underpinned by rights based arguments that children and young people should have a voice, and that this voice should be listened to. However, concerns have been raised about the appropriateness of children’s and young people’s rights and participation in research. This is primarily due to queries over whether they have enough capacity to enact the individual agency required to be (...) rights holders and participate in research. In addition, a focus on their inherent vulnerability continues to be a key feature of research ethics protocols. In this paper I argue that both capacity and vulnerability should be seen as socially produced, meaning that the scope for capacity to be increased and vulnerability decreased also lies within the social. I draw from notions of relational autonomy or ‘associational presence’ to argue that what children and young people need to be active participants in research is the creation of spaces within which relational agency can be nurtured and sustained. Such techniques and values are found in participatory research approaches and can be used to create such emancipatory environments. (shrink)

A América e o mundo estão em processo de colapso devido ao crescimento excessivo da população, a maioria no século passado e agora tudo isso devido ao povo do 3º mundo. O consumo de recursos e a adição de mais um ou dois bilhões de ca. 2100 descontraírem a civilização industrial e provocarão fome, doenças, violência e guerra em escala impressionante. Bilhões morrerão e a guerra nuclear é quase certa. Na América, isso está sendo extremamente acelerado pela imigração maciça e (...) reprodução de imigrantes, combinado com abusos possibilitados pela democracia. A natureza humana depravada inexoravelmente transforma o sonho da democracia e da diversidade em um pesadelo de crime e pobreza. A causa principal do colapso é a incapacidade de nossa psicologia inata de se adaptar ao mundo moderno, o que leva as pessoas a tratar pessoas não relacionadas como se tivessem interesses comuns. Isso, além da ignorância da biologia básica e da psicologia, leva aos delírios da engenharia social dos parcialmente educados que controlam as sociedades democráticas. Poucos entendem que se você ajuda uma pessoa que você machuca outra pessoa — não há almoço grátis e cada item que alguém consome destrói a terra além do reparo. Consequentemente, as políticas sociais em todos os lugares são insustentáveis e uma por uma todas as sociedades sem controles rigorosos sobre o egoísmo entrarão em colapso em anarquia ou ditadura. Sem mudanças dramáticas e imediatas, não há esperança para evitar o colapso da América, ou qualquer país que siga um sistema democrático. Daí meu ensaio "Suicídio pela Democracia". Também está claro que os sete sociopatas que governam a China estão ganhando a 3ª Guerra Mundial, e assim o meu ensaio final sobre eles. A única ameaça maior é a Inteligência Artificial que eu comento brevemente. A chave para tudo sobre nós é a biologia, e é alheia que leva milhões de pessoas inteligentes como Obama, Chomsky,Clinton, o Partido Democrata e o Papa a defender ideais utópicos suicidas que inexoravelmente levam direto ao Inferno na Terra. Como W observou, é o que está sempre diante de nossos olhos que é o mais difícil de ver. Vivemos no mundo do Consciente Sistema Linguístico Deliberativo 2, mas é inconsciente, sistema reflexivo automático 1 que governa. Esta é a fonte da cegueira universal descrita por The Phenomenological Illusion (TPI), Pinker's Blank Slate e Tooby e Cosmides's Standard Social Science Model. O primeiro grupo de artigos tenta dar alguma visão de como nos comportamos que é razoavelmente livre de ilusões teóricas. Nos três grupos seguintes, comento três das principais ilusões que impedem um mundo sustentável: tecnologia, religião e política (grupos cooperativos). As pessoas acreditam que a sociedade pode ser salva por elas, então eu forneço algumas sugestões no resto do livro sobre por que isso é improvável através de artigos curtos e resenhas de livros recentes de escritores conhecidos. Outra seção descreve a ilusão religiosa – que há algum super poder que nos salvará. A próxima seção descreve as ilusões digitais, que confundem os jogos linguísticos do Sistema 2 com os automatismos do Sistema um, e por isso não podem distinguir máquinas biológicas (ou seja, pessoas) de outros tipos de máquinas (ou seja, computadores). Outras ilusões digitais são de que seremos salvos do puro mal (egoísmo) do Sistema 1 por computadores/IA/robótica/nanotech/engenharia genética criada pelo Sistema 2. O diretor do Almoço Livre nos diz que haverá sérias e possivelmente fatais consequências. A última seção descreve A Única Grande Ilusão Familiar Feliz, ou seja, que somos selecionados para cooperação com todos, e que os ideais eufoniosos da Democracia, Diversidade e Igualdade nos levarão à utopia, se gerenciarmos as coisas corretamente (a possibilidade da política). Mais uma vez, o Princípio do Almoço Livre deve nos avisar que não pode ser verdade, e vemos em toda a história e em todo o mundo contemporâneo, que sem controles rigorosos, egoísmo e estupidez ganham vantagem e logo destroem qualquer nação que abrace essas ilusões. Além disso, a mente dos macacos desconta fortemente o futuro, e por isso cooperamos na venda da herança de nossos descendentes para confortos temporários, agravando muito os problemas. (shrink)

Lack of attention to definitions of indigeneity is a problem in both political theory and practice. Defining indigeneity has at least two important consequences: it affects who has access to resources or rights reserved for Indigenous peoples; and it shapes the kinds of privileges and resources available to Indigenous peoples. In this article, I draw on Theodor Adorno’s concept of ‘nonidentity’ as a resource for exploring the power and limits of conceptions of indigeneity. I argue that recognizing the non-identical aspects (...) of indigeneity enables critical engagement with constellations of concepts that attend to the distinctive aspects of indigeneity in particular moments and locations. To illustrate my argument, I draw on one conception of indigeneity that could be characterized as non-identity thinking – a research approach called Kaupapa Māori. I suggest that non-identity is a promising resource for conceptualizing indigeneity as it has potential to respond to some of the key problems with current responses to indigeneity; notably, that universal definitions may not best represent what it means to be Indigenous, and that unreflective acceptance of current definitions fails to produce just outcomes. (shrink)

Most psychological literature on gaslighting focuses on it as a dyadic phenomenon occurring primarily in marriage and family relationships. In my analysis, I will extend recent fruitful philosophical engagement with gaslighting by arguing that gaslighting, particularly gaslighting that occurs in more public spaces like the workplace, relies upon external reinforcement for its success. I will ground this study in an analysis of the film Gaslight, for which the phenomenon is named, and in the course of the analysis will focus on (...) a paradox of this kind of gaslighting: it wreaks significant epistemic and moral damages largely through small, often invisible actions that have power through their accumulation and reinforcement. (shrink)

RESUMO O artigo visa relacionar a tese da centralidade do outlaw, para se pensar o direito, em Hannah Arendt, com a sua compreensão do direito como “direito a ter direitos”, esboçada em “Origens do totalitarismo”. Partindo da desintegração europeia no início do século XX e do surgimento do outlaw contemporâneo, o refugiado, refletiremos sobre o sentido do princípio da legalidade, sua relação, em Arendt, com a plural condição humana e o mundo comum. Mostraremos como estão contidos, na obra mencionada, elementos (...) para uma articulação inicial entre a ideia do direito como “direito a ter direitos” e uma teoria da cidadania na pensadora judia-alemã. ABSTRACT This article aims to relate the thesis of the centrality of the outlaw to think of Law, in Hannah Arendt with her understanding of Law as "right to have rights" drafted in Origins of totalitarianism. Starting from the European disintegration in the early twentieth century and the emergence of the contemporary outlaw, the refugee, we will reflect on the meaning of the principle of legality, its relationship, in Arendt, with a plural human condition and the common world. We will show how there are elements contained, in the work mentioned, for an initial articulation between an idea of law as "right to have rights" and a theory of citizenship in the Jewish-German thinker. (shrink)

Journal of Social Philosophy, EarlyView.

In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...) taken as consent- communicating. (shrink)

Journal of Social Philosophy, EarlyView.

Deliberative democracy has been castigated by those who regard it as exclusive and elitist because of its failure to take into account a range of structural inequalities existing within contemporary liberal democracies. As a result, it is suggested, deliberative arenas will merely reproduce these inequalities, advantaging the already powerful extolling mainstream worldviews excluding the interests of the less powerful and those expounding alternative worldviews. Moreover, the tactics employed by those excluded social movements seeking to right an injustice are typically those (...) – involving various forms of protest and direct action – which are incompatible with the key characteristics of deliberatively democracy. This paper seeks to examine the case against deliberative democracy through the prism of animal rights. It will be argued that the critique of deliberative democracy, at least in the case of animal rights, is largely misplaced because it underestimates the rationalistic basis of animal rights philosophy, misunderstands the aspirational character of deliberative theory and mistakenly attributes problems that are not restricted to deliberation but result from interest group politics in general. It is further argued that this debate about the apparent incompatibility between the ideals of deliberative democracy and non-deliberative activism disguises the potential that deliberative democracy has for advocates of animal rights and, by extension, other social movements too. (shrink)

European Journal of Political Theory, Volume 21, Issue 1, Page 25-46, January 2022. This article explains how 19th-century radical republicans answered the following question: how is it possible to be free in a social order that fosters economic dependence on others? I focus on the writings of a group of French thinkers called the solidarists who advocated “liberty organized for everyone.” Mutualism and social right were two components of the solidarist strategy for limiting domination in commercial/industrial society. While the doctrine (...) of mutualism was rooted in pre-industrial artisan culture, social right was a novel idea that built on Durkheim’s analysis of the division of labour. In this article, I describe the main features of the solidarist account: solidarity, social property, quasi-contractual debt, and restorative justice. Classical republicanism was deeply concerned with citizen participation and the balance between popular and elite power, but 19th-century radical republicans thought that these goals must be approached differently in market societies in which enormous power is exercised outside the state. The solidarists cautiously embraced the state as a mechanism for regulating the market in order to ensure equal liberty. Social right and mutualism were also conceived as ways of limiting the centralization of state power. (shrink)

This paper relates human rights to public health ethics and policies by discussing the nature and moral justification of human rights generally, and the right to health in particular. Which features of humanity ground human rights? To answer this question, as an alternative to agency and capabilities approaches, the paper offers the “fundamental conditions approach,” according to which human rights protect the fundamental conditions for pursuing a good life. The fundamental conditions approach identifies “basic health”—the adequate functioning of the various (...) parts of our organism needed for the development and exercise of the fundamental capacities—as the object of a human right. A human right to basic health entails human rights to the essential resources for promoting and maintaining basic health, including adequate nutrition, basic health care, and basic education. Duty bearers include every able person in appropriate circumstances, as well as governments and government agencies, private philanthropic foundations, and transnational corporations. (shrink)

A recent report in the UK, Being Disabled in Britain: A Journey Less Equal, highlights the many inequalities, threats to dignity and discriminatory attitudes faced by disabled people. No doubt these are replicated in other countries. Using the evidenced-based findings from this report and the report’s invitation for those concerned to join the conversation on disability, this paper explores both the way in which the experiences of people with disabilities can sharpen up an understanding of Catholic social teaching and the (...) way in which that teaching contributes to a deeper theology of disability. Moreover, insights from this teaching demonstrate that people with disabilities contribute significantly and positively to society and to interpersonal relationships. (shrink)

In recent years irregular immigration has attracted increasing scholarly attention. Current academic debate casts the irregular immigrant in the role of the new political subject who acts out a right to have rights and/or as the rightless victim who is subjected to violence and abuse. However, the conception of the irregular immigrant as harbinger of political change and/or victim reifies the persistent dichotomy between inclusion and exclusion. It ignores that irregular immigrants are not by definition excluded from a normal life (...) and that numerous immigrants live in the interstices between full legal inclusion and exclusion without democratic legal order being cast to ruin. The question that underlies this essay is: What concept of law can accommodate the unauthorized presence of immigrants without reducing them to bare life, struggling to survive and/or assigning them a political agency and without taking recourse to the use of force and violence in a zero-tolerance policy? To answer this question, this article draws on what Agamben has coined the potentiality of the law and unpacks Judith Shklar’s idea of different degrees of legalism. (shrink)

Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short li...