Republicanism may seem to be a nostalgic politics of place that is incapable of responding to the challenges of globalization.The burden of this essay is to demonstrate that this view is both right and wrong - right in regarding republicanism as a politics of place, butwrong in thinking that such a form of politics is irrelevant to an increasingly interconnected world. On the contrary, the republican concern for place provides the basis for the responsible, public-spirited action that cosmopolitan theorists need (...) to sustain their visions of global politics. (shrink)

How to defend a small state is an important issue in politics and military affairs. Three important philosophical texts, the Han Fei Zi 韓非子, Plato’s Republic, and the Mencius, discuss this issue. In this article, I will analyze the three accounts offered in these texts, and compare and contrast them. We will see that the Han Fei Zi, a text in the “realist” tradition, offers a typically realist yet rather interesting account of how to save a small state from stronger (...) enemies. Plato’s Republic, too, offers an amoral solution of the defense issue, in spite of its celebration of justice and the Good. The Mencius, a classical Confucian text that is often said to emphasize the power of virtue, does have a normative dimension, but it also takes political reality into account. In fact, it is even more realistic than the first two texts on international interventions in some aspects, partly because, paradoxically, it pays attention to the moral dimension of human affairs. After elaborating and comparing these three accounts, I shall argue that a synthesis may offer a realism-based normative theory of the just defense of a small state. (shrink)

Adam Ferguson’s imperial thought casts new light on the age-old republican dilemma of the tension between empire and liberty. Generations of republican writers had been haunted by this issue as the decline of Rome proved that imperial expansion would eventually ruin the liberty of a state. Many eighteenth-century Scottish thinkers regarded this as an insoluble conundrum and thus became critics of empire. Ferguson shared their basic views but, paradoxically, was still able to defend the British Empire in the debates over (...) the American Revolution. His argument effectively offered a viable solution to the republican dilemma, which distinguished him from his contemporaries. In light of this, I argue that political representation was the pivotal conception for Ferguson to make empire and liberty compatible. It was on this ground that he could advocate the union with Ireland, which he believed would lead to a lasting balance of power in Europe. -/- ; British Empire; liberty; balance of power; political representation; American Revolution; Anglo-Irish Union. (shrink)

WikiLeaks is among the most controversial institutions of the last decade, and this essay contributes to an understanding of WikiLeaks by revealing the philosophical paradigm at the foundation of Julian Assange’s worldview: cypherpunk ethics. The cypherpunk movement emerged in the early-1990s, advocating the widespread use of strong cryptography as the best means for defending individual privacy and resisting authoritarian governments in the digital age. For the cypherpunks, censorship and surveillance were the twin evils of the computer age, but they viewed (...) encryption as a means to circumvent both. As a cypherpunk, Assange advocates for the use of cryptography in the fight for individual privacy as well as the fight for global justice. His cosmopolitan disposition is informed by his hacker background, antiwar principles, and Enlightenment outlook. This essay places Assange’s philosophical idea in historical context, exploring his views on censorship, surveillance, and the right to communicate. It also connects his cypherpunk principles to WikiLeaks, showing that the strategy of encouraging data leaks from powerful political and economic organizations is classic cypherpunk political praxis. (shrink)

This paper focuses on a comparative analysis of the legitimate exercise of democratic power in the philosophies of Montesquieu and Locke. This analysis not only highlights a strong bifurcation in liberal thought, it also sheds light on the contemporary practice of liberalism through the example of the United States’ ‘War on Terror.’ I argue that although it is Locke who at first blush gives an account of the exercise of democratic power that is more opposed to tyranny, it is Montesquieu’s (...) broader conception that is in many ways more effective at tracking and combating tyranny. (shrink)

States of emergency are declared frequently in all parts of the world. Their declaration routinely implies a suspension of basic constitutional rights. In the last half century, it has become the norm for constitutions to contain an explicit ‘emergency constitution’, i.e., the constitutionally safeguarded rules of operation for a state of emergency. In this paper, I ask whether inclusion of an emergency constitution can be legitimized by drawing on social contract theory. I argue that there are important arguments, both against (...) and in favor of constitutionalized emergency provisions, and that social contract theory—as applied by economists—can be of some help when deciding whether to have, or not to have an emergency constitution. This paper introduces a novel argument for justifying emergency constitutions. It argues that they can serve as a commitment mechanism protecting both citizens and politicians from overreacting to rare but significant threats. (shrink)

A common opinion is that power has shifted from states to companies. This article discusses quantitative and qualitative aspects of power possessed by companies and by states. A more adequate comparison than that between company sales and gross national product is the one between company value added and GNP. Also more adequate is the comparison between the public sector and company net profit. These rival measures take down company power to about a tenth of the sales measure. Also in qualitative (...) terms the "exit power" of the company gives a low impact compared to governmental action and the article concludes that company power by common measures is overestimated. However, the aggregated long-term effect of the market economy on the development of society is most significant. But it is a mistake to use that judgment as an argument for the opinion that business executives are the major power holders in modern societies. Perceptions of power also have an impact on which expectations and commitments that can be judged as realistic and therefore the issue of power is central for the normative discussion about corporate social responsibility. (shrink)

Prior to the second world war, most persons confined in insane asylums were regarded as legally incompetent and had guardians appointed for them. Today, most persons confined in mental hospitals are, in law, competent; nevertheless, in fact, they are treated as if they were incompetent. Should the goal of mental health policy be providing better psychiatric services to more and more people, or the reduction and ultimate elimination of the number of persons in the population treated as mentally ill?

The social discount rate – the rate at which future benefit flows from government investment are discounted to present value – has been a frequent subject of technical debate among professional economists. From a broader perspective, however, the selection of an appropriate rate enjoins consideration of questions that define the very contours of our public philosophy. It carries implicit assumptions about the nature of citizenship, the relation between public and private spheres, and, most singularly, the status of a political society (...) as it is located in time. A key determinant of intertemporal economic allocation, the social discount rate provides a unique registry of a polity's historical consciousness and perceptions of its intergenerational obligations. Yet the highly technical nature of the debate over the discount rate has proven inhospitable to scholars otherwise inclined to investigate its ethical dimensions. Some, notably A. K. Sen, have begun to address these philosophical issues, though much territory remains to be explored. (shrink)

ABSTRACTFor the Scottish Enlightenment thinker Adam Ferguson and many of his time, the history of the Roman Republic furnished the best case study for discussions of internal threats to a mixed system of government. These included factionalism, popular discontent, and the rise of demagogues seeking to concentrate power in their own hands. Ferguson has sometimes been interpreted as a ‘Machiavellian’ who celebrated the legacy of Rome and in particular the value of civic discord. By contrast, this article argues that he (...) is better understood as a disciple of Montesquieu, who viewed Rome as an anachronistic and dangerous ideal in the eighteenth century, the era of the civilized and commercial monarchy. The greatest fear of Ferguson was military despotism, which he believed was the likely outcome of democratic chaos produced by the levelling instincts of the ‘common’ people and demagogues prepared to harness their discontent. In such a scenario, a legitimate order in a mixed government would be turned into a faction putting the constitutional balance at risk, undermining intermediary powers, and ending liberty for all. (shrink)

Roth argues that much of the current discourse on the diffusion of democratic norms is misleading and that only a realistic assessment of the progress of societies in transition will focus attention on the problems that remain to be solved.

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...) civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

Drawing on historical and contemporary evidence from Great Britain and Italy, this article examines actions that fall under official definitions of corruption and actions that are not illegal but are widely regarded as morally corrupt. As a social anthropologist, I argue that when dealing with the complexity of corruption and abuses of power, we need to identify what aspects of the system encourage or generate illicit practices and what aspects could instead generate real change. It is imperative to assess the (...) precise identity of the dividing line between the legitimate and the illegitimate and between the legal and the moral, and to address both the exact relationship of the protagonists in public life to formal law and its production and their perceived legitimacy in the broader society. Empirical evidence suggests that the production of the law must take into account the moralities which inform the definition of legitimacy at the grassroots, for legislation that enjoys such legitimacy is authoritative-therefore effective-legislation, and thus is governance that benefits from and abides by such legislation. (shrink)

Monetary policy is a modern idea of which David Hume is generally considered a precursor. Moreover, thanks to Milton Friedman and Robert Lucas, he is often presented as one of the first and most illustrious endorser of monetarism. This paper argues against this view, and in agreement with Joseph Schumpeter, that Hume's contribution to economics, while not insignificant, cannot claim any real novelties. It offers an interpretation of Hume as a descendant of a pre-modern understanding of money rather than a (...) forerunner of modern monetary ideas, and as a scholar exposing common ideas of his time rather than a prophet of economic theories developed centuries later, and argues that there is little in Hume that resembles today's monetary policy prescriptions. (shrink)

This paper reviews Aristotle’s problematic relationship with modern economic theory. It argues that in terms of value and income distribution theory, Aristotle should probably be seen as a precursor to neither classical nor neoclassical economic thought. Indeed, there are strong arguments to be made that Aristotle’s views are completely at odds with all modern economic theory, since, among other things, he was not necessarily concerned with flexible market prices, opposed the use of money to acquire more money, and did not (...) think that the unintended consequences of human activity were generally beneficial. The paper argues however, that this interpretation goes too far. The Benthamite neoclassical theory of choice can be seen as a dumbing down of Aristotle’s theory, applicable to animals, not humans. Adam Smith and Karl Marx were deeply influenced by Aristotle’s work and both started their main economic works with Aristotle: Smith ultimately rejecting, and Marx ultimately developing Aristotle’s views of the use of money to acquire more money. Possibilities for the future development of a new Aristotelian Economics are explored. (shrink)

Shi is fundamental and indispensable in understanding Han Fei’s political philosophy. Han Feizi presents a political term with different meanings such as power, status, and situation. Han Fei’s doc...

While researchers have offered remonstration-oriented, reciprocal, voluntary, and gratitude-based accounts of political obligation in classical Confucianism, I argue that these interpretations are either in conflict with the textual evidence or merely scratch the surface of Confucius’ theory of political obligation without fully elaborating its essence. Instead, I demonstrate that the theory of political obligation in Confucianism is a specific argument from paternalistic gratitude in which the people’s political obligation is analogically compared to children’s grateful duty to their parents. Moreover, I (...) use the Confucian theory of paternalistic gratitude to critically examine China’s recent politics of political obligation in the wake of the 2008 Sichuan 四川 earthquake. Although the Confucian-sounding references, such as kindness and the parent-state analogy, figure into the CPC’s Gratitude Education campaign, the Party’s politics of political obligation does not meet the Confucian normative standard. Specifically, in the Confucian theory of paternalistic gratitude, the people will be grateful to a benevolent ruler without this feeling being demanded by the state. However, in the Gratitude Education campaign, the Party self-righteously exacted the earthquake survivors’ gratitude. Local dissidents were subject to the stigmatization of “ungratefulness” and faced political violence as a consequence. The case of the Gratitude Education campaign serves as another example of the CPC’s political use of Confucianism for its non-Confucian goals. (shrink)

Strong central authorities are able to effectively manage costly defection, but are unable to adequately address lesser conflicts because of limits to their ability to monitor and enforce. We argue, counterintuitively, that these limitations build cooperation and trust among subordinates: the limitations contribute to the production of order. First, limits to authority leave space for locally informed decentralized enforcement. Second, central authorities act as powerful but incompetent third parties whose threatened interventions increase incentives to cooperate and, therefore, to trust. We (...) outline the mechanisms by which a strong central authority enforces order and test their utility by considering the secondary literature on rates of conflict in strong, weak, and capricious states. We supplement this evidence, based on association, with a close examination of diverse case studies: baseball umpires, commercial contracts, and domestic disputes. By analyzing these case studies, we isolate and describe the mechanisms by which central authorities produce order in varied settings. We find that central authority may be effective, but the majority of this effectiveness derives from an indirect influence on dyadic relations rather than direct intervention. The state interacts with local communities, but each operates according to distinct logics. The particular character of their interaction produces four mechanisms useful in the production of order. We briefly explore implications for the operation of law as well as the production of generalized trust. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.

This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights have been (...) deployed since the return to democracy in 1979, those who have benefited from neoliberal democracy and those who have paid the costs, and where in all this was the Supreme Court of Justice. The Introduction takes a look at this origin of the work and its intellectual import, provides a brief characterization of the Inter American Sistem of Human Rights Protection, how the Quintana Case fits within it, and an overview of the chapters and their logic. The first chapter analyzes the institutional and sociological factors that have contributed to Ecuador's historically unstable state, based primarily in an antagonistic struggle for power between the Executive and Legislative branches. The second chapter analyzes the economic and political factors that provoked an organic crisis, or crisis of hegemony, between 1997 and 2007 in Ecuador. The third chapter analyzes the evolution of the way in which judges are selected in Europe, the outcomes they have generated, and how they compare with the ecuadorian systems of judge selection in terms of securing judicial independence. The fourth chapter develops a theory of judicial independence in democracy and analyzes how Ecuador measures up to that standard, from when it became a neoliberal minimal democracy in 1981, to when it became a neoliberal false democracy as a consequence of instalation of a system evidently lacking in the people's support under the guise of the 1998 Constitution and its system of judge selection, and the new democratic horizons set by the 2008 Constitution, and the judicial system that springs from it. (shrink)

From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...) roots of such ideas in some fascinating and largely forgotten strands of the history of economics. It draws attention to the question of "responsibility" which neoclassicism has utterly lost sight of. It is startlingly fresh in its overall approach, and unusually well written in its presentation. ... It constitutes a better case for its economic democracy viewpoint than anything else in the literature." . (shrink)

In his Enquiry concerning the Principles of Morals David Hume said that a group of earlier modern philosophers, beginning with Malebranche, held that morality was founded on relations. In this paper I follow up on that suggestion by investigating pre-Humean views in moral philosophy according to which morality is founded on relations. I do that by looking at the work of Nicolas Malebranche, John Locke, and Samuel Clarke. Each of them talked prominently about relations in their accounts of basic aspects (...) of morality. Beyond that, each of them turns out to have held both metaphysical and epistemological views that might be described as founding morality on relations. Despite the definite differences between the three philosophers’ approaches, Hume does seem to have noticed a genuine connection here—even though he himself tended to ignore significant versions of this approach when criticizing it. (shrink)

Decentralized autonomous organizations (DAOs) are a new, rapidly-growing class of organizations governed by smart contracts. Here we describe how researchers can contribute to the emerging science of DAOs and other digitally-constituted organizations. From granular privacy primitives to mechanism designs to model laws, we identify high-impact problems in the DAO ecosystem where existing gaps might be tackled through a new data set or by applying tools and ideas from existing research fields such as political science, computer science, economics, law, and organizational (...) science. Our recommendations encompass exciting research questions as well as promising business opportunities. We call on the wider research community to join the global effort to invent the next generation of organizations. (shrink)

Auty (1993) and Sachs and Warner (1997) reignited the line of argument of the resource curse: the idea that natural resource wealth has negative net effects on the development of nations. However, the result has been found to be highly dependent on the types of variables used to represent natural resource wealth (Brunnschweiler, 2007) and similar questions can raised about variables used to represent being “cursed”. In this paper we pursue the hunt for better variables by looking at the relationship (...) between average income from natural resources per person and a wide array of key development indicators: Adjusted National Net Income, GDP per capita, an aggregate of services and industrialized goods, inequality measured by the Gini index, Poverty, the Human Development Index, the Prosperity Index, the Social Progress Index and the Fragile State Index. We do this on a global scale between 1970 and 2010. On the contrary, we find that natural resource wealth is positively linked to development. We suggest, alternatively, that much of the actual cases where abundant natural resources hurt nations have been cases of common theft by tyrants, often backed by imperial powers. (shrink)

Classical liberalism is skeptical about governmental organizations "doing good" for people. Instead governments should create the conditions so that people individually (Adam Smith) and in associations (Tocqueville) are empowered to do good for themselves. The market implications of classical liberalism are well-known, but the implications for organizations are controversial. We will take James Buchanan as our guide (with assists from Mill and Dewey). Unpacking the implications of classical liberalism for the "science of associations" (Tocqueville) requires a tour through the intellectual (...) history of the voluntary slavery contract and the voluntary non-democratic constitution. The argument concludes that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations and associations. (shrink)

This paper is the expository and evaluative introduction to my new edition of Emerson's Society and Solitude, Twelve Chapters.

El boom en los precios de los recursos naturales de la primera década del siglo veintiuno ha sido una bendición para todas las economías de Sudamérica. Para algunos regímenes políticos, con todo, obró como una maldición. En Venezuela, Ecuador, Bolivia y, en menor medida la Argentina, la bonanza de las materias primas propició la emergencia del “Rentismo Populista”, un nuevo tipo de coalición socio-política basada en la incorporación económica de los sectores informales y financiada por las ganancias extraordinarias de las (...) exportaciones de recursos naturales. Basado en una nueva estructura fiscal, el populismo rentista a su vez indujo la intensificación de los mecanismos plebiscitarios de accountability vertical y la neutralización de las restricciones propias de la accountability horizontal. Este texto explora las condiciones bajo las cuales un shock exógeno común a toda la región, la bonanza de las materias primas, se difundió a lo largo de la región con diferentes efectos coalicionales. También define los mecanismos que vinculan a la coalición del populismo rentista con la emergencia de formas hegemónicas y plebiscitarias de accountability. Con el fin de resaltar las novedades y las continuidades del populismo rentista, el texto sitúa la coalición en perspectiva histórica, inspirado en los primeros trabajos de Guillermo O’Donnell sobre la economía política de Argentina y Brasil como fuente de similitudes y contrastes. Asimismo, compara a las “hegemonías plebiscitarias” con las democracias delegativas, un concepto central en los trabajos más recientes de O’Donnell sobre regímenes políticos. (shrink)

The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is otherwise (...) left ’free’ without interference and coercion. For Montesquieu, liberty is a positively elaborated ideal with normative demands and a set of “necessary relations” that citizens must form. The result is that a life of liberty is defined in a significant way by the laws that bind a citizen because liberty is not the freedom to construct different ways of life, but the freedom to live securely within a particular way of life. I highlight this overlooked feature of The Spirit of the Laws by mobilizing Aron, Althusser and Durkheim’s work on the law in Montesquieu to draw out the implications of Montesquieu’s notion of law for liberty. (shrink)