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In this article, I examine A. John Simmons’s philosophical anarchism, and specifically, the problems that result from the combination of its three foundational principles: the strong correlativity of legitimacy rights and political obligations; the strict distinction between justified existence and legitimate authority; and the doctrine of personal consent, more precisely, its supporting assumptions about the natural freedom of individuals and the non-natural states into which individuals are born. As I argue, these assumptions, when combined with the strong correlativity and strict (...) |
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In this paper, I examine the terms on which John Simmons rejects all arguments for a moral obligation to obey the law and so defends “philosophical anarchism.” Although I accept his rejection of several criteria on which others might and often do insist, I criticize his reliance on the conditions of “generality” and “particularity.” In doing so, I propose an alternative to his influential conception of legitimacy. |
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I offer a new account of fair-play obligations for non-excludable benefits received from the state. Firstly, I argue that non-acceptance of these benefits frees recipients of fairness obligations only when a counterfactual condition is met; i.e. when non-acceptance would hold up in the closest possible world in which recipients do not hold motivationally-biased beliefs triggered by a desire to free-ride. Secondly, I argue that because of common mechanisms of self-deception there will be recipients who reject these benefits without meeting the (...) |
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The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...) |
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En el Critón de Platón se recurre a un interesante argumento utilitarista para justificar la obligación política de los ciudadanos. El argumento sostiene que la violación de las leyes lleva a la destrucción de cualquier sistema jurídico y acarrea resultados perjudiciales para los miembros de la comunidad. En este trabajo realizaremos un análisis crítico del argumento bajo los postulados de tres corrientes utilitaristas: el utilitarismo de acto, la generalización utilitarista y el utilitarismo de regla. Veremos cómo esta clase de argumentación (...) No categories |
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Allen Buchanan argues that it doesn’t matter whether a state has authority in the sense of being able to create binding obligations for its citizens, so long as it is morally justified in wielding political power. In this paper, I look at this issue from a slightly different angle. I argue that it matters a great deal whether citizens relate to their state in an obligatory fashion. This is for two reasons. First, a fully morally justified state must be an (...) |
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This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...) |
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When questioning whether political deception can be ethically warranted, two competing intuitions jump to the fore. First, political deception is a fact of human life, used in the realpolitik of governance. Second, the ethical warrant of truth asserts itself as inexorably and indefatigably preferable to falsehood. Unfortunately, a cursory examination of the history of philosophy reveals a paucity of models to marry these basic intuitions. Some thinkers (e.g., Augustine, Aquinas, Grotius, Kant, Mill, and Rawls) privilege the truth by neglecting the (...) No categories |
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One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning political matters. Despite this agreement about the general nature (...) |
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