According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

This book explores the Janus-faced features of privacy, and looks at their implications for the control of personal information, for sexual and reproductive freedom, and for democratic politics. It asks what, if anything, is wrong with asking women to get licenses in order to have children, given that pregnancy and childbirth can seriously damage your health. It considers whether employers should be able to monitor the friendships and financial affairs of employees, and whether we are entitled to know whenever someone (...) rich, famous or powerful has cancer, or an adulterous affair. It considers whether we are entitled to privacy in public and, if so, what this might mean for the use of CCTV cameras, the treatment of the homeless and the provision of public facilities such as parks, libraries and lavatories. Above all, the book seeks to understand whether and, if so, why privacy is valuable in a democratic society, and what implications privacy has for the ways we see and treat each other. The ideas about privacy we have inherited from the past are marked by beliefs about what is desirable, realistic and possible which predate democratic government and, in some cases, predate constitutional government as well. Hence, this book argues, although privacy is an important democratic value, we can only realise that value if we use democratic ideas about the freedom, equality, security and rights of individuals to guide our understanding of privacy. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

From climate change forecasts and pandemic maps to Lego sets and Ancestry algorithms, models encompass our world and our lives. In her thought-provoking new book, Annabel Wharton begins with a definition drawn from the quantitative sciences and the philosophy of science but holds that history and critical cultural theory are essential to a fuller understanding of modeling. Considering changes in the medical body model and the architectural model, from the Middle Ages to the twenty-first century, Wharton demonstrates the ways in (...) which all models are historical and political.0Examining how cadavers have been described, exhibited, and visually rendered, she highlights the historical dimension of the modified body and its depictions. Analyzing the varied reworkings of the Holy Sepulchre in Jerusalem-including by monumental commanderies of the Knights Templar, Alberti's Rucellai Tomb in Florence, Franciscans' olive wood replicas, and video game renderings-she foregrounds the political force of architectural representations. And considering black boxes-instruments whose inputs we control and whose outputs we interpret, but whose inner workings are beyond our comprehension-she surveys the threats posed by such opaque computational models, warning of the dangers that models pose when humans lose control of the means by which they are generated and understood. Engaging and wide-ranging, 'Models and World Making' conjures new ways of seeing and critically evaluating how we make and remake the world in which we live. (shrink)

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it concludes, (...) we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant beggars (...) and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

Among the processes of canon-formation is the habit of coupling writers; and among the most powerful of couples in the traditional English literary canon is Spenser-and-Milton. Much of my own professional life has probably been determined by my first teaching assignment of 1963, which included “Spenser-and-Milton,” in those days at Toronto a famous cornerstone course carrying the tamp of the stamp of the formidable Renaissance scholar A. S. P. Woodhouse, known affectionately if disrespectfully to his students as Professor Nature-and-Grace. For (...) several years I labored mightily, though neither naturally nor, I suspect, gracefully, on Spenser-and-Milton, sensing all the time that the connections I made, the doctrines I was conveying, lacked persuasion; and no doubt the seed of this essay was sown in those days, although its angle of sight was not then available, obscured on all sides by institutional pillars.When we couple writers we usually imply a criterion of fit or at least explicable mating. While there is nothing to prohibit a merely comparativist curiosity, or coupling in the service of some other agenda, we presumably give greater authority to relationships that imply causality, even, or especially, if causality is defined as the influence of the one writer on the other. Most of such relationships are unidirectional, from the earlier to the later dead, and a plausible coupling requires either the successor’s own testimony that the influence-relation existed, or other evidence that the influence-relation was strong enough to be formative; or, preferably, both. Annabel Patterson, professor of literature and English at Duke University, is the author of Hermogenes and the Renaissance , Marvell and the Civic Crown , Censorship and Interpretation , Pastoral and Ideology: Virgil to Valéry , and Shakespeare and the Popular Voice. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

The Defender of the Peace of Marsilius of Padua is a massively influential text in the history of western political thought. Marsilius offers a detailed analysis and explanation of human political communities, before going on to attack what he sees as the obstacles to peaceful human coexistence - principally the contemporary papacy. Annabel Brett's authoritative rendition of the Defensor Pacis was the first new translation in English for fifty years, and a major contribution to the series of Cambridge Texts: all (...) of the usual series features are provided, included chronology, notes for further reading, and up-to-date annotation aimed at the student reader encountering this classic of medieval thought for the first time. This edition of The Defender of the Peace is a scholarly and a pedagogic event of great importance, of interest to historians, political theorists, theologians and philosophers at all levels from second-year undergraduate upwards. (shrink)

Léontine Zanta (1878-1942) est la première femme française docteure en philosophie. Transgression symbolique, popularité médiatique, la reconnaissance d'une femme philosophe ne s'était jamais présentée comme telle sous la République. Si son caractère de pionnière résonne comme une évidence, à tel point que la doctoresse inspirera même la jeune Simone de Beauvoir dans son désir d'étudier la philosophie, pourquoi a-t-elle alors été oubliée de nos mémoires? Une enquête intellectuelle, dont cette biographie est le résultat, était donc nécessaire pour nous mettre face (...) à ce destin déroutant. (shrink)

This paper discusses the creation and use of the new Macquarie Laws of War Corpus. The corpus consists of the 110 documents of international war law stored in the International Committee of the Red Cross treaties database, starting with the 1856 Declaration Respecting Maritime Law and ending with the most recent amendment to the Rome Statute. The new MQLWC is hosted at the Sydney Corpus Lab, via its CQWeb interface, which allows for searching of frequencies, concordance lines, and collocations. The (...) corpus can also be downloaded for offline processing in other popular concordance programs, such as #Lancsbox and AntConc. This paper introduces the corpus, describes the process of assembling the data, and explains its limitations. The paper then demonstrates some of the ways the data can be explored using the concept of 'military necessity'. The MQLWC contributes to the growing use of corpus linguistics in legal studies, and will be of particular relevance to scholars in the field of international war law. (shrink)

Every day, we are confronted with a vast amount of information that all competes for our attention. Some of this information might be associated with rewards or losses. To what extent such information, even if irrelevant for our current task, not only attracts attention but also affects our actions is still a topic under examination. To address this issue, we applied a new experimental paradigm that combines visual search and a spatial compatibility task. Although colored stimuli did not modulate the (...) spatial compatibility effect more than gray stimuli, we found clear evidence that reward and loss associations attenuated this effect, presumably by affecting attention and response selection. Moreover, there are hints that differences in these associations are also reflected in a modulation of the spatial compatibility effect. We discuss theoretical implications of our results with respect to the influences of color, reward, and loss association on selective attention and response selection. (shrink)

La théorie démocratique contemporaine entretient une relation ambivalente avec les élections. Alors que les points de vue agrégatifs et minimalistes les considèrent comme une institution centrale de la démocratie représentative , les conceptions plus riches de la démocratie n’ont pas nécessairement de penchant pour elles. Les théories délibératives ont tendance à négliger les élections pour se concentrer sur la délibération publique, c’est-à-dire sur le processus continu de formation de l’opinion et d’échange de raisons qui se produit entre les élections . (...) Les théories participatives ont également tendance à les écarter en faveur d’une vision moins agonistique et plus coopérative de l’action politique . Par conséquent, peu d’attention normative a été accordée dans la littérature récente à ce moment très distinctif de la vie démocratique, à quelques notables exceptions près . Une conséquence naturelle est que la plupart des théoriciens font appel à des expériences délibératives telles que les jurys de citoyens et les mini-publics comme réponse efficace aux préoccupations démocratiques actuelles . Le tirage au sort peut ainsi être présenté comme une alternative préférable à l’élection, car il garantit une représentation descriptive, évite la capture de l’État par des élites puissantes et promet des résultats substantiellement meilleurs. Alors que de nombreux théoriciens s’intéressent aux moyens de compléter les institutions électorales par des organes délibératifs non électoraux , certains chercheurs se débarrasseraient volontiers des élections . Le moment est-il venu de les abandonner ? Cet article se concentre sur une affirmation spécifique que beaucoup de partisans du tirage au sort ont avancée, à savoir que celui-ci serait plus égalitaire que les élections, et vise à la rejeter. D’autres chercheurs ont déjà critiqué le tirage au sort pour diverses raisons. Landa et Pevnick , ainsi qu’Umbers objectent qu’il ne permet pas d’obtenir les améliorations instrumentales du gouvernement promises par ses promoteurs ; Ceva et Ottonelli , ainsi que Lafont nient que les critiques lotocratiques des élections reflètent une compréhension adéquate de l’autorité démocratique en tant que forme d’autonomie collective ; et Umbers soutient également que la lotocratie est en contradiction avec les principes de justice distributive et d’égalité sociale . En complément à ces critiques récentes, nous soutenons que la vision de l’égalité politique qui sous-tend le tirage au sort est problématique et peu convaincante. (shrink)

In May 2013 a new Assisted Dying Bill was tabled in the House of Lords and is currently scheduled for a second reading in May 2014. The Bill was informed by the report of the Commission on Assisted Dying which itself was informed by evidence presented by invited experts.

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...) can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, interpreting the content and justification of privacy rights in light of the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

In a recent article in Respublica, Jesper Ryberg argues that CCTV can be compared to a little old lady gazing out onto the street below. This article takes issue with the claim that government surveillance can be justified in this manner. Governments have powers and responsibilities that little old ladies lack. Even if CCTV is effective at preventing crime, there may be less intrusive ways of doing so. People have a variety of legitimate interests in privacy, and protection for these (...) is important to their status as free and equal citizens. Consequently, though necessary, effectiveness is insufficient to justify CCTV in a democracy. (shrink)

Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy can be. Hence, I (...) show, while there are good reasons to worry about voter turnout in established democracies, and to worry about inequalities of turnout as well, the case for compulsory voting is unpersuasive. (shrink)

This paper focuses on the relationships that Derrida establishes between three analytic discussions and three autoimmunities. The analytic discussions are (1) the antinomy of hospitality, related to what happens when the subject faces demands from strangers; (2) the antinomy of the death penalty, related to the meeting between the right to life and the right to end the life of another; (3) the antinomy of animality related to laws and what lies beyond them. The autoimmunities are (1) the autoimmunity of (...) inclusion: democracy is open only to its sovereign citizens while it claims to welcome all who are excluded; (2) the autoimmunity of rights and liberties: in liberal democracy, rights and liberties are meant to challenge sovereignty’s absolutism, but any attack on sovereignty is an attack on rights and liberties; (3) the autoimmunity of globalization: for democracy to work it requires protection provided by a supersovereignty, which limits the sovereignty of states, and hence, democracy. The paper follows Derrida’s connections between the questions of hospitality, the death penalty, and animality on the one hand, and the autoimmune aspects of democratic politics on the other, to argue that his deconstruction of democracy is an ethicization of democracy activated by the concept of sovereignty, and a deconstruction of sovereignty via ethics. (shrink)

Hobbes's relation to the later Aristotelian tradition, in both its scholastic and its humanists variants, has been increasingly explored by scholars. However, on two fundamental points (the naturalness of the city and the use of the matter/form distinction in the political works), there is more to be said in this connection. A close examination of a range of late Renaissance commentaries on Aristotle's Politics shows that they elucidate a picture of pre-civic human nature that had (contrary to Hobbes's implication) much (...) in common with that of Hobbes. Moreover, they deployed the matter-form distinction in their analysis of the city or civitas in ways that are in important respects similar to Hobbes's procedure in De cive and Leviathan . The paper concludes that Hobbes drew on this tradition in multiple ways while at the same time undermining some of its principal conclusions; Hobbes was in no sense an 'Aristotelian' even if his philosophy has substantial debts to Aristotelianism. (shrink)

What can philosophy tell us about ethics and public policy? What can the ethics of public policy tell us about philosophy? Those are the questions that Jonathan Wolff addresses in his wonderful little book. At one level, of course, the answer is straightforward – ethics is a branch of philosophy, so philosophy can tell us about the ethics of public policy, understood as a matter of deciding ‘what we should do’ in a manner that is institutionalised and collectively binding. But (...) at another level, as Wolff shows, there is something deeply puzzling about the idea that philosophy can tell us anything very useful about public policy and about the ethical dilemmas that it raises. Those dilemmas arise as a result of political constraints, struggles and resources which generally have little to do with philosophy and, for the most part, rather little to do with ethics. So what, exactly, should philosophers expect from an engagement with public policy? (shrink)

: Does the rejection of pure proceduralism show that we should adopt Brettschneider’s value theory of democracy? The answer, this paper suggests, is ‘no’. There are a potentially infinite number of incompatible ways to understand democracy, of which the value theory is, at best, only one. The paper illustrates and substantiates its claims by looking at what the secret ballot shows us about the importance of privacy and democracy. Drawing on the reasons to reject Mill’s arguments for open voting, in (...) a previous paper by A. Lever, it argues that people’s claims to privacy have a constitutive, as well as an instrumental, importance to democratic government, which is best seen by attending to democracy as a practice, and not merely as a distinctive set of values. (shrink)

ABSTRACTNew Zealanders were presented with the opportunity to change the national flag and opted to retain the current New Zealand flag, despite arguments that it was unable to reflect national identity adequately. This article unpacks the particular version of national identity constructed in discourse in the infographic, Our Nation. Your Choice. which was released prior to the final referendum that determined the outcome of the Flag Consideration Project. We used Fairclough’s critical discourse analysis to examine the discursive construction of national (...) identity by the Flag Consideration Panel that oversaw the process. The authoritative assertion of national identity on behalf of New Zealanders emphasised inclusiveness and unity by acknowledging cultural diversity. Biculturalism was confined to an old understanding of New Zealand identity while the ideology of multiculturalism, not yet officially implemented, was positioned as common-sense. There was a focus on situating New Zealand in a global context to distance New Zealand from colonisation and connection to Britain. The positive, cohesive conceptualisation of New Zealand suggested that the Flag Consideration Project was, in fact, an exercise in re-positioning New Zealand in the global context, in which the national flag would represent the national brand rather than contribute to national identity. (shrink)

Philosophical reflection on racial profiling tends to take one of two forms. The first sees it as an example of ‘statistical discrimination,’ (SD), raising the question of when, if ever, probabilistic generalisations about group behaviour or characteristics can be used to judge particular individuals.(Applbaum 2014; Harcourt 2004; Hellman, 2014; Risse and Zeckhauser 2004; Risse 2007; Lippert-Rasmussen 2006; Lippert-Rasmussen 2007; Lippert-Rasmussen 2014) . This approach treats racial profiling as one example amongst many others of a general problem in egalitarian political philosophy, (...) occasioned by the fact that treating people as equals does not always require, or permit, us to treat them the same. The second form is concerned with how racial profiling illuminates the nature, justification, and reproduction of hierarchies of power and privilege based on skin colour and morphology. This form of reflection on racial profiling is therefore less about the justification for judging people based on the characteristics of the group to which they (appear to) belong, and more concerned with the specific ways in which the association of racialized minorities – and, in particular, black people – with crime, contributes to, and reflects, racial inequality, and oppression.(Kennedy 1998; Zack, 2015; Lever, 2005; Lever 2007). Both approaches to profiling have much to recommend them and, taken together, they form an essential component of the political philosophy of race. The statistical approach has the merits of linking racial profiling, as practice, to a body of other practices that generate and justify inequalities based on factors other than race, but it typically offers little by way of insight into the role of racial profiling itself in sustaining racial inequality and injustice. The racial construction approach, for obvious reasons, is rather better at the latter task, but its insights tend to come at the price of a broader understanding of the ways in which inequality is reproduced and justified, or of the ethical dilemmas raised by our competing claims to security. As we will see, insights from both approaches can be synthesized to clarify what, if anything, is wrong with racial profiling and what broader conclusions for equality and security follow from the study of profiling. (shrink)

This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on (...) empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. (shrink)

Devrions-nous remplacer les élections par des loteries ? Le célèbre livre de Bernard Manin sur le gouvernement représentatif a appris à beaucoup que les Grecs considéraient les élections comme un moyen aristocratique, et non démocratique, de sélectionner des personnes pour le pouvoir et l'autorité politique, en comparaison avec le tirage au sort, où chacun a une chance égale d'être sélectionné. (Manin 1997) Jusqu'à récemment, cependant, l'idée qu'un engagement envers la démocratie nécessite de remplacer les élections par le tirage au sort (...) a suscité peu d'intérêt parmi les philosophes politiques. (Blondiaux, 2008 ; Courant et Sintomer, 2019) Cela a maintenant changé. (Abizadeh 2020) ( A. Guerrero 2014) (A. Guerrero 2021b ; 2021a) (Landemore 2020) (Owen et Smith 2018) (P.-É. Vandamme et al. 2018). Cet article pose donc la question de savoir si le tirage au sort est plus démocratique que les élections et si, pour cette raison, nous devrions l’utiliser pour compléter ou remplacer les élections ? (shrink)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...) global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

In this paper, I argue that Arendt's understanding of freedom should be examined independently of the search for good political institutions because it is related to freedom of movement and has a transnational meaning. Although she does not say it explicitly, Arendt establishes a correlation between political identities and territorial moves: She analyzes regimes in relation to their treatment of lands and borders, that is, specific geographic movements. I call this correlation a political itinerary. My aim is to show genealogically (...) that her elaboration on the regimes of ancient, modern, and 'dark' times is supported by such a correlation. I read Arendt in light of the current clash between an amorphous global political identity (and 'new' international order) and the renewal of nationalisms. I show that, for Arendt, the world is divided by necessary frontiers - territorial borders and identity frames - and that the political consists precisely of the effort to transgress them. Arendt never proposed a restoration of authority but, on the contrary, a worldwide anarchic (that is, based on no predetermined rule) politics of de-localization and re-localization; in her terms, a politics of free movement of founded identities, a cosmopolitanism, which, nevertheless, would have nothing to do with global sovereignty. (shrink)

Must we vote for the common good? This isn’t an easy question to answer, in part because there is so little literature on the ethics of voting and, such as there is, it tends to assume without argument that we must vote for the common good. Indeed, contemporary political philosophers appear to agree that we should vote for the common good even when they disagree about seemingly related matters, such as whether we should be legally required to vote, whether we (...) are entitled to vote secretly rather than openly, or what form of democracy is most morally desirable.1 Such agreement is puzzling, then, given the extensive disagreements that surround it. Hence, the aim of this paper is to consider whether the only morally correct way to vote is to vote for the common good. My hope is that even those who are not persuaded by the answers that I can offer at the moment, will find that the question is less easy to answer than they may have thought, and that the ethics of voting merits more sustained attention than it has received thus far. (shrink)

In this essay, I compare the meaning of political representation in Hobbes? Leviathan and Corneille's Cinna. For both authors, a monarch is a ?representer? and representation is a necessary condition of effective sovereignty. However, the term ?representation? means something entirely different in Hobbes and in Corneille. For the former, it means acting and speaking in the name of a multitude and in its absence; for the latter, it means acting and speaking in the presence of a political public, with the (...) intention to impress this audience. I would like to argue that our late modern (or postmodern) conception of sovereignty can be seen as being (unconsciously) based on the conjunction of Hobbes? and Corneille's different notions of representation. (shrink)

Résumé Nous posons dans cet article que l’humour dans le discours publicitaire est un mécanisme privilégié de la communication multicanale et plurisémiotique pour transformer le discours marchand en pratique communicationnelle agissante. Dans son rapport à une normativité donnée comme potentiellement divergente, il est mobilisé dans le double objectif de construire un ethos décalé, identifiable et mémorisable pour le locuteur-annonceur, et de produire du plaisir intellectuel pour susciter la connivence du récepteur, qui devient ainsi co-énonciateur. Est alors interrogée la sémiosis de (...) ce discours publicitaire dont chaque élément est porteur de signification aux yeux du récepteur lors de l’acte d’énonciation. Par la lecture connivente que le processus induit, l’acte humoristique comme acte de parole du côté de la production vise ensuite à s’actualiser en acte d’achat proprement dit du côté de la réception. (shrink)

It would be difficult to find a major figure in the history of European political thought who would not have attempted to say something about how authority emerges, or is justified and critiqued, in the world beyond the single polity. Quite frequently, that effort would have involved some idea about a legal order, or at least a set of rules or regularities applicable in that world. Thomas Hobbes was neither the first nor the last major thinker who believed that the (...) 'international' realm was characterised by the independence of states existing 'in the state and posture of gladiators', thus apparently denying that legal rules or practices or legal thinking could have much relevance therein. Yet others believed, as Immanuel Kant did, that without a constitutional vocabulary not much that was meaningful could be said about the human pursuit of freedom, and that silence about the latter would not only constitute a moral failure but an intellectual and perhaps political mistake. For a long time, the idiom of natural law claimed to offer a universally valid frame for thinking about the nature of the political, as well as providing authority for lawyers' speculations about the rules and principles governing the conduct of individuals and corporate bodies wherever they might move. The name of the relevant discipline at German universities from the late seventeenth century onwards-ius naturae et gentium, the law of nature and of nations-revealed the full scope of its ambition. That discipline may have died away (although that is a debatable proposition) but any political thinking worth its salt will today (perhaps especially in the twenty-first century) aim to say something about how authority emerges, is maintained or critiqued not only within but also outside the single state. The world of 'nations' or even 'humanity' is established as an important theme of political and legal speculation. (shrink)