The first wave of philosophical work on global justice focused largely on the distribution of economic resources, and on the development or reformation of institutions relevant thereto. More recently, however, the horizon has broadened significantly, to also include a concern with the global spread of the right to live under reasonable legal institutions and representative forms of government (cf. “a human right to democracy”). Thus, while the first wave was focused primarily on international (non-territorial) institutions, later work has also brought (...) critical focus to bear on domestic institutions traditionally assumed to be protected by rights of state sovereignty. This naturally raises the question of whether, when, and how the international community can coercively intervene in issues falling under assumed to fall under domestic jurisdiction. Many theorists of global justice will accept, however reluctantly, that coercive means such as military force may be used (even unilaterally, if necessary) to halt a government’s mass atrocities against its civilian population (so-called “humanitarian intervention”). They are, however, for the most part firmly opposed to the use of military force as a tool to force regime change or democratic reform. I will discuss the viability of this stance along two dimensions: (i) can we draw a morally relevant distinction between humanitarian intervention and regime change policies? (ii) can we draw a morally relevant distinction between the use of military force as a policy tool and the use of other kinds of coercive measures such as economic sanctions? (shrink)

This paper addresses the relationship between law and coercive force. It defends, against Frederick Schauer's contrary claims, the following propositions: The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. Even if coercion is not part of the concept of law, coercion is connected to law many important ways, and these are amply recognized in contemporary analytic jurisprudence. We (...) cannot determine how important coercion is to the efficacy of law until we know what counts as coercive force. The question of what counts as coercion is not a matter for generalization or stipulation. It requires an explanation of the concept of coercion. (shrink)

Among the instances of apparent illiberality in Plato's Republic, one stands out as especially curious. Long before making a forced return to the cave, and irrespective of the kinds of compulsion operative in such a homecoming, the philosopher-king has been compelled to apprehend the Good (Rep. VII.519c5-d2, 540a3-7). Why should compulsion be necessary or appropriate in this situation? Schooled intensively through the decades for an eventual grasping of the Good, beginning already with precognitive training in music and art calculated to (...) equip the guardian with a natural affinity towards the good and beautiful (Rep. III.401d3-402a4), the fully mature guardian might be expected to leap towards the Good when it is first opportune. For the Good is, according to Plato, the greatest thing to be learned (megiston mathêma; Rep. VI.504e4-5, 505a2). Reflection on these questions permits us to develop a richer appreciation of the forms of necessitation and compulsion Plato envisages for his guardians, which turn out to be primarily merely hypothetical instances of nomic necessitation. It follows that many of Plato's appeals to compulsion are neither coercive nor objectionably authoritarian. (shrink)

In Law’s Empire, Ronald Dworkin introduces an important distinction between what he calls the ‘grounds’ and the ‘force’ of law. The former primarily interest Dworkin in LE and concern the “circumstances in which particular propositions of law should be taken to be sound or true.” (110) Propositions of law, we are told, are “all the various statements and claims people make about what the law allows or prohibits or entitles them to have.” (4) That Canadians owing income tax to (...) the federal government must file their returns before April 30 or face a late penalty is presumably an example of a proposition of law. That the United States constitution prohibits slavery is another. These (true) propositions of law simply report the law’s (present) requirements, requirements which normally should be respected but which might justifiably be disobeyed or disregarded in exceptional cases. A true proposition of law, then, does not necessarily entail an answer to the question: What should I do, or decide (if called upon to render a judicial decision)? It also does not necessarily entail an answer to the question: Should the coercive power of the state be exercised against this person? (shrink)

International media have reported cases of pregnant women who have had their children apprehended by social services, or who were incarcerated or forced into treatment programs based on a history of substance use or lack of adherence to addiction treatment programs. Public discourse on the biology of addiction has been criticized for generating stigma and a diminished perception of self-control in individuals with an addiction, potentially contributing to coercive approaches and criminalization of women who misuse substances during pregnancy. We (...) explored whether this is the case based on literature from social psychology, ethics, addiction research, science communication, and philosophy. The literature shows that the relationship between public discourse on biological aspects of addiction and issues such as stigma and perceptions of diminished self-control are unclear, largely due to the complexity of these phenomena. However, concerns about the biological approach are nevertheless legitimate given the broader social and policy context of women’s health. (shrink)

Food safety problems in China, such as deadly tainted milk, have attracted growing attention from a corporate social responsibility perspective. To examine the forces that potentially drive CSR behavior within the Chinese food industry, our study is organized as follows. First, a review is conducted on the unique history of CSR in China as well as some of the major Chinese food scandals that have taken place. The primary drivers of CSR in China that have been suggested in the literature (...) are then summarized. Next, new institutional theory perspectives are drawn upon to analyze three forces that potentially affect the behavior of Chinese firms: coercive isomorphism, mimetic processes, and normative pressures. Based on a questionnaire survey of 164 Chinese managers and employees, the CSR behavior of firms operating in the Chinese food industry is found to only be significantly affected by the institutional factor of normative pressures. The study concludes with its limitations as well as the implications of the findings. (shrink)

Women are routinely subjected to penetrating surveillance during pregnancy. On the surface, this may appear to flow from a cultural commitment to protect babies – a cultural practice of “better safe than sorry” that is particularly vigilant given the vulnerability of fetuses and babies. In reality, pregnancy occasions incursions against human rights and well-being that would be anathema in other contexts. Our cultural practices concerning risk in pregnancy are infused with oppressive norms about women’s responsibility for pregnancy outcomes and the (...) demands of extreme self-sacrifice from women to protect their fetuses. Of particular concern is our culture’s willingness to enforce norms concerning risk during pregnancy using coercive measures including forced cesarean sections and criminal penalties for exposing fetuses to risk. This chapter will consider assaults on self-determination, bodily integrity and privacy inherent in such interventions, as well as the structural violence and “mangled pieties” that buttress such practices in our unjust society. (shrink)

In response to Frederick Schauer's book The Force of Law, I argue that the available evidence indicates that non-coercive law could influence many people's behavior. It may sometimes be best to forgo coercive enforcement of an important law.

The application of human right frameworks is an increasingly important part of efforts to accelerate progress in global mental health. Much of this has been driven by several influential legal and policy instruments, most notably the United Nations’ Convention on the Rights of Persons with Disabilities, as well as the World Health Organization’s QualityRights Tool Kit and Mental Health Action Plan. Despite these significant developments, however, much more needs to be done to prevent human rights violations. This chapter focuses on (...) a critical component of this broader challenge, which is the question of how best to regulate and reduce the use of coercive measures. The recent literature on coercion in psychiatry – which addresses involuntary commitment, seclusion, restraint, and forced medication – represents a useful resource that can help guide tractable solutions in global mental health. These issues are evaluated from the perspective of global health governance, and several general recommendations are made in order to improve monitoring and enforcement, provide guidance for domestic legislative reform, and strengthen health systems. (shrink)

Vaccine mandates are coercive because they impose penalties, such as fines, criminal sanctions, or job loss. However, they are not as coercive as physical force. Mandates c...

Monogamy in Western countries has recently undergone criticisms, because it is perceived as an oppressive institution, adjacent to reactionary cultural values. In this article, I argue that monogamy is in fact a force of social progress and women’s empowerment. I point out that, given our natural tendencies, the most likely alternative to monogamy is polygyny. By its very nature, polygyny faces a numerical difficulty, to the extent that (given the equitable male to female ratio) when one man engages in (...) romantic or sexual relationships with multiple female partners, inequality and social conflict ensues. I present historical and sociological data that sustains the argument that polygyny is associated with greater inequality, violence, poverty and women’s vulnerability. Nevertheless, while monogamy can be considered a force of social progress, I argue that the State is not morally entitled to prosecute non-monogamous lifestyles, but there may still be non-coercive ways to promote monogamy. (shrink)

On the supposition that one’s ethics and politics are fundamentally dignitarian in a broadly Kantian sense—as specifically opposed to identitarian and capitalist versions of Statism, e.g., neoliberal nation-States, whether democratic or non-democratic—hence fundamentally non-coercive and non-violent, then is self-defense or the defense of innocent others, using force, ever rationally justifiable and morally permissible or obligatory? We think that the answer to this hard question is yes; correspondingly, in this essay we develop and defend a theory about the permissible (...) use of force in a broadly Kantian dignitarian moral and political setting, including its extension to non-violent civil disobedience in the tradition of Martin Luther King, Jr; and perhaps surprisingly, we also import several key insights from Samurai and Martial Arts ethics into our theory. (shrink)

Sustained reflection on multiple expressions of Asian American experience directs us to the coercive logic of racial identities. Noticing this logic is critical to identifying the limitations of several strategies to resist and transcend racial injustice, including the demand for racial recognition. Rereading the Parable of the Good Samaritan as one about the perils of racial identity and then taking cues from the nonviolent practice of truth force provide a blueprint that reimagines the liberative role racial identities can (...) play. (shrink)

Summary Classical Greek armies and navies moving through the territory of friendly, allied, and neutral city-states provisioned themselves through markets organized and controlled by those city-states. No scholar has ever explained why this was so. By placing this practice within a comparative framework, this article demonstrates that the protocol of the provision of markets by poleis to passing armies developed in the way it did in the late Archaic and early Classical Greek world because Greek states in this period lacked (...) the logistical structures to exert sustained coercive power against other states. Once the protocol was established, however, it continued in use throughout the Classical period even after fifth-century Athenian navies gained the logistical capacity to apply prolonged strategic pressure on coastal and island poleis. Use of the protocol continued because traditions of autonomy as well as long-standing customs governing relations between states restrained even the Aegean-dominating Athenians from using more forceful means of acquisition than markets to acquire their food from other poleis. (shrink)

Tomasello's characterization of obligation as demanding and coercive is not an implication of the centrality of collaborative commitment. Not only is this characterization contentious, it appears to be falsified in some cases of personal conviction. The theory would be strengthened if the nature of obligation's force and collaborative commitment were directly linked, possibly through Tomasello's notions of identity and identification.

The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this (...) connection through the lens of the (just) war theory and its relationship to the law. -/- The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science. (shrink)

This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, (...) coercive force, incapacity, and choice of death. (shrink)

ABSTRACT:This paper analyzes how national institutional factors affect the adoption of the international environmental management standard ISO 14001, using a panel of 139 countries from 1996 to 2006. The analysis emphasizes that during the emerging phase of the standard, the potential lack of consensus within the constituents of the national institutional environment concerning the value of a new standard could send mixed signals to firms about the standard. The results show that in the early phase of adoption, regulative and normative (...) forces within the institutional environment can work against each other. Results also show that regulative or coercive forces play a relatively more important role in the early phase of adoption of the standard than in the subsequent phases of diffusion. In the later phases of diffusion of ISO 14001, normative forces, such as the diffusion of other management standards, as well as factors related to trade, play a more important role. Because of the similarities between environmental management standards and corporate social responsibility standards, this study can help identify some of the challenges for diffusion of ISO management standards in the area of social responsibility. (shrink)

Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that are legitimate. Illegitimate (...) controlling third party threats render consent invalid just as they do in two party cases. However, knowing that the consent is invalid is not sufficient to tell the recipient of consent what she may or should do. I argue that when presented with a token of consent from someone whom she thinks is experiencing an illegitimate controlling threat, the recipient may act on that token if and only if doing so represents a reasonable joint decision for her and the victim of coercion. The appropriate action for someone faced with third party coercion therefore depends on the other options open to her and those open to the victim of coercion. (shrink)

Informal coercive tactics play an important role in maintaining political and social order in authoritarian regimes today, a fact variously attributed to the state’s incapacity to monopolize coercive force and to the strategic concealment of repression from international society. Studying the coercive tactics used by the Chinese government, this article directs attention to how state institutions and strategies create incentives for state agents to delegate coercion to third parties. In particular, this article recognizes the importance of (...) Chinese leaders’ traditional preference to rely on third parties rather than formal state force for social control, and also the impressive improvements in the institutionalization of state coercion after the start of extensive legal reforms in the late 1970s. More important, however, is the multilayered and decentralized state structure that creates tight constraints on local officials and therefore motivates them to use informal coercion. The state structure in China is conducive to informal coercion in two ways. First, when local officials pursue local or private interests that diverge from central interests, informal coercion helps them overcome procedural barriers and avoid scrutiny from above. Second, although central and other upper authorities tend to restrict local officials’ use of force, they often exert considerable pressure on local authorities to fulfill various tasks that require strong coercion. Such conflicting or unfunded mandates have frequently prompted the use of informal coercive tactics. This study highlights the difficulty of holding local government officials accountable with formal institutions in China. (shrink)

“Faith makes us, and not we it, and faith makes its own forms.” Published in 1888, “The Ethics of Democracy” is John Dewey’s first and most underappreciated attempt to address a problem inherent to democracy.2 How do I consider myself a member of “the people” that rule, and yet belong to the political minority? By minority I do not simply mean as determined by an electoral process, but also those minorities that are identified as such because of inequity in political (...) power and access. The question is therefore of critical importance not only in the American context, but for much of the history of modern democratic thinking. Either the answer implies the use of coercive force by majoritarianism that.. (shrink)

This chapter examines the limitations of both command-and-control and market-based legal mechanisms in the pursuit of environmental justice. If the environment is to be protected to at least a minimally acceptable degree, approaches that focus on the coercive force of the state must be complemented by the development of an “ecological ethos,” whereby groups and individuals are motivated to act with non-self-interested concern for the environment. The need for this ethos means that the state is dependent on the (...) cooperation of a wide range of non-state actors. Recent work on environmental governance emphasizes the delegation of aspects of governing to such actors and supports efforts to increase popular participation in governmental processes. The chapter therefore advocates a governance approach that seeks to rectify some of the limitations of state-led environmental law, while encouraging popular participation in a way that can encourage the development of an ecological ethos among the citizenry. (shrink)

My title is deliberately provocative. What could be less humanitarian than the Melian Dialogue? For most readers of Thucydides it is the paradigm of imperial brutality, ranking with the braggadocio of Sennacherib's Rabshakeh in its insistence upon the coercive force of temporal power. The Melians are assured that the rule of law is not applicable to them. As the weaker party they can only accept the demands of the stronger and be content that they are not more extreme. (...) Appeals to moral or religious norms are quite irrelevant, for in their position the Melians simply cannot afford them—as little as Mr. Doolittle could afford middle-class morality. The message is a hard one, and it has elicited outrage over the centuries from the majority of scholars who tend to prefer the καλὰ ὀνόματα of propaganda to the harsh underlying realities of imperial expansion. Dionysius of Halicarnassus, writing shortly after a war to protect western values had resulted in a new world order, finds it inconceivable that Athenian generals could discount divinely-inspired hope and insist on the imperative of force or that the Melians, that tiny state, would prefer the nobler to the safer course. In this he is echoed by George Grote, writing in the expansionist days of the early nineteenth century: ‘a civilized conqueror is bound by received international morality to furnish some justification—a good plea, if he can—a false plea or a sham plea if he has not better’. Instead, says Grote, the Athenian envoy ‘disdains the conventional arts of civilized diplomacy’; and the inevitable conclusion for him, as it had been for Dionysius, is that the Dialogue is fundamentally bogus, a composition of Thucydides ‘to bring out the sentiments of a disdainful and confident conqueror in dramatic antithesis’. (shrink)

In this article, I undertake three main tasks. First, I argue that, contrary to the standard view, moral injury is not a species of PTSD (post-traumatic stress disorder) but rather, on the most coherent conception of moral injury, PTSD is (in effect) a species of moral injury. In doing so, I make use of the notion of caring deeply about something or someone worthy of being cared deeply about. Second, I consider so-called “dirty hands” actions in police work and in (...) war, and distinguish these from the morally legitimate, but harmful, actions of police officers and of war fighters, such as the morally legitimate use of coercive force and lethal force (respectively). While the morally legitimate use of harmful methods is constitutive of these occupational roles, “dirty hands” methods are not. Roughly speaking, a “dirty hands” action is one that is morally wrong and (typically) unlawful but done for the sake of a good outcome. Both categories of action are conducive to moral injury, but “dirty hands” actions much more so, especially given the slippery moral slope from “dirty hands” actions to egregious moral wrongdoing. Third, I offer some recommendations for reducing moral injury among police officers and war fighters. (shrink)

Various theorists have offered accounts of how a virtue ethical theory might inform a political theory — here meaning a theory of political legitimacy and authority. These theories claim to support a liberal regimen of authority, and they do, but only to a limited extent. -/- What they cannot support is a justificatory liberal authority structure. Each of the accounts given would authorize coercive force to impose on holders of other theories decisions counter to the values endorsed by (...) those other theories. -/- This is, or should be, a problem for those theories, especially the neo-Aristotelian theories which give pride of place to the exercise of practical rationality and self-direction. They would seem to run afoul of Hursthouse’s Constraint, which requires that a political theory not require vicious action of agents. In authorizing or requiring coercive intervention to advance one’s own conception of the good, at the expense of the authority of those subject to the coercion to advance their own conception of the good, these theories authorize or require vicious action. -/- Defenders of these accounts might meet this challenge in various ways. They might deny that virtue requires justifying coercive action as justificatory liberalism requires. But their focus on self-direction, and the plausibility of the requirement of mutual recognition make this response unattractive. -/- A better way is to augment the theories with a virtue which consists in standing in a relationship of mutual recognition and treating others accordingly. Such a virtue ethic is congruent with the requirements of justificatory liberalism. (shrink)

Wittgenstein's ideal of “coolness” seems to be represented by the idea of a temple which provides a larger perspective than those of the passions, which remain present but untroubling. Wittgenstein's temple is the image of a powerful condition of mind with an intentional, cognitive content whose saliencies contrast with those of the passions, which are not so much restrained by a contrary and coercive force as subdued precisely by a transfer of power to another and therefore strengthened form (...) of attention. A form of attention, according to the author, that belongs to the Greek virtue of s ophrosun e, a virtue which is the “coolness” toward which Wittgenstein aspires. The author suggests that “coolness” is best understood as the disclosure of an emergent moral sensibility in the revelation of the natural objects of its attention. (shrink)

This essay does not directly address organ transplantation or even issues of justice, fairness, or equality in access to organs for transplantation. Instead, it engages a higher-order question: the justice of coercively and globally imposing any particular contentfull view of justice, fairness, and/or equality under circumstances that would violate peaceable, consensual choice. It is argued that state coercion, as in the prohibition of the sale of organs or the coercive imposition of equal access to transplantations or health care, is (...) unjust when there are insufficient grounds to establish with certainty the canonical normative character of the particular account of justice, fairness, or equality, as well as the warrant for the use of coercive force to impose such an account. (shrink)

This article examines the Islamic concept of takfīr as it is used in secular-pluralistic contexts, within a larger delegitimizing discourse against terrorism. I argue that this takfīr as deployed by “liberal” Muslims, functions to legitimate the state’s use of coercive force. Furthermore, the secular state may in turn draw upon these discourses to co-opt the right to determine authentic Muslim identity. However, in doing so the state is forced to enter into a religiously discursive space. Takfīr notably becomes (...) the site of contention over secular state sovereignty for determining the value of life, where religious individuals both challenge and affirm this sovereignty. This reveals the dynamics in the relationship between secular conceptions of sovereignty and religion, as it pertains to the justification of violence. (shrink)

Is liberal democracy the end of history? Is a written constitution the ultimate political authority? Does majority rule equal moral rule? Are all moral values relative? What is the legitimate use of coercive force in society? The New Social Contract—Beyond Liberal Democracy offers an answer to these and other age-old questions.

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty in (...) the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

Predicted relationships between media preference and authoritarianism were derived from theoretical and experimental studies. It was hypothesized that authoritarians would be more likely to believe their preferred media sources than would nonauthoritarians, and that the authoritarian’s position on political issues would be closer to the position represented by positively evaluated media but farther from the position of negatively evaluated media. Results from mail questionnaires obtained from 445 Detroit adults supported the hypotheses. Coercive force also was strongly related to (...) authoritarianism when the media were described as disagreeing with the views of important political leaders. (shrink)

We approach law with deep ambivalence. On the one hand, we take immense pride in living under the rule of law. On the other hand, we often catch ourselves lamenting the existence of law. When we lament the existence of law, we are not just saying that there is too much of it. We are not just complaining about the amount of law. Rather, our complaint goes to the very nature of law itself. We complain that its rules are constraining, (...) that its generality ignores the particularity of each situation, that its coercive force rides roughshod over our autonomy, and the list goes on. However, notwithstanding the frustration with law, it is not that we want to get rid of it. This paper seeks to express and explain our conflicting sentiments about law – why we sometimes view law as a monumental moral achievement and why we are sometimes so frustrated with it. The answer, as this paper will argue, lies in the nature of norms. The value and limit of law is traceable to the value and limit of norms. Kierkegaard helps us see that. This paper will argue that our ambivalence about law mirrors Kierkegaard’s ambivalence about ethics. (shrink)

From an intensive academic study based primarily on Machiavelli's works, critical arguments arise in this text that undermine not only the current-day political mind-set, framework, and practices, but also the views established academically, up to the point where the "body politic" formed by the Western classical tradition is dissipated and dispersed. Comprised in a contrary unconventional manner similar to Machiavelli, the basic essential factors of history, religion, power, and authority were formulated as the four main chapters in this work by (...) Nevio Cristante. From it, one can readily see the flaws today in the false praise in nostalgic historical hubris, the forgetting of a brand of religion that is essential for healthy politics, the overlooking of coercive forces that reduce politics to power, and the loss of true authority. In this book, Cristante comprises Machiavelli as a virtuous, unprecedented, "extreme humanist," in stark contrast to the common incessant interpretations of him being a "teacher of evil," a "diabolical," "soulless" political advisor. A subversive satirical interpretation of The Prince has been formed herein, extending from the generated knowledge of history and the history of Machiavelli's own experience. From the vivacious and unraveling Italian Renaissance, a cogent force prompted Machiavelli to create his literary works in order to form an educational cure for the deteriorating human condition, of his time, and any time. There is in Machiavelli, a differing sense of newness from that which is commonly known today, which circumvents its worth in this distinct educative interpretation. Machiavelli goes back in time in order to produce lessons applicable to correct the shortages in his, and every, present-day. With a divergent view of the works of art and literature outlined in this analysis, Machiavelli's education becomes revived today in creating a virtuous political, spiritual, and cultural dynamism as a battle-cry to repel the ignorance and great misfortunes in our human condition. (shrink)

Many efforts to establish concepts and theories of the middle range have sought to find an appropriate balance between theoretical abstraction and the desire to remain faithful to the empirical complexity of phenomenon. As with other forms of expertise, those analyzing socio-technical life face acute tensions in attempting to reconcile the general and the specific in a manner which is regarded as credible. Through a consideration of the self-referential implications of STS critiques of traditional notions of science as well as (...) attempts to establish rules for the acceptability of coercive force, this article develops a sense of what is at stake in attempts by actors and analysts to grasp the general and the specific together. Instead of seeking to identify a point of resolution for the two, it advocates and exemplifies the need to attend to the dilemmas associated with the movement between the general and the specific. The middle range concept of “disposal strategies” is offered both as an aid to the study of socio-technical life and as an example of attending to the movement between the general and specific. (shrink)

In today’s society, a peculiar understanding of distributive justice has developed which holds that “social justice must be distributed by the coercive force of government.” However, this is a perversion of the ideal of distributive justice. The perspective of distributive justice which should be considered is one with its roots in the school of thought referred to as self-actualization ethics or eudaimonism, which holds that each person is unique and each should discover whom he or she is—to actualize (...) his or her true potential and to live the “good life” within the congeniality and complementarity of personal excellences of his or her fellow members of community. When a eudaimonistic perspective is considered, a definition of distributive of justice could be “the allocation of goods and utilities via the voluntary ubiquitous human interaction of self-actualizing individuals who not only recognize the human dignity of the self and other and the rights which flow from and guarantee it, but also actively will goods and utilities toward the self and other so as to manifest human dignity.” Therefore, with a eudaimonistic understanding of distributive justice, one can argue that the free market is the ubiquitous interactions of self-actualizing individuals who are giving and receiving goods and utilities for one and another’s own “happiness,” i.e. the free market is the socio-economic mechanism by which distributive justice operates. In this paper I first will overview the philosophical foundations of distributive justice. Next, I will propose a eudaimonistic definition of distributive justice. Finally, I will highlight examples of distributive justice operating in a free market economy. (shrink)

Much of feminist theory takes issue with traditional, liberal theories of consent and obligation. Though none have proposed abandoning obligation outright, there has been a general shift among feminists towards a responsibility paradigm. Responsibility models acknowledge given relationships and interdependence, and so posit responsibilities as given, regardless of whether they are voluntary. But in theories that take freedom as a principal value, a move from a socially unembedded voluntarism to socially embedded responsibility leaves something missing. Constructive accounts of and prescriptions (...) for freedom must consider the reality of social life; yet acknowledging that relations are given need not require subordinating the role of voluntarism and consent in most relationships. In this paper I offer a commitment framework that seeks to supplant obligation while also reconciling relational given-ness and voluntarism. I propose an analysis of commitment that takes relations as the starting point and then show how the concept can: 1. guide actions 2. account for responsibilities 3. enhance freedom and 4. avoid a large share of coercive forces that are believed as necessary for reinforcing obligation and responsibility fulfillment. (shrink)

This paper uses the concepts of slavery, citizenship, the body and political subjectivity to interrogate how gendered bodies are produced, regulated and normalised. It explores the ‘wrong body’ claim within transsexual narratives to analyse how we can be enslaved by/to our body. The coercive force of embodied existence is demonstrated by examining how gender norms act on us through our bodies, thus identifying the body as a major conduit of power. It argues that the ‘wrong body’ claim must (...) be understood as a discursive construction that is rendered possible by established gender norms and practices, which place heavy restrictions on the available actions of individuals. These norms and practices are linked to the normalising processes of becoming an acceptable citizen. It is argued that the enslaving effects of embodiment can be mitigated through constructing alternative narratives of gender based upon performativity and fluidity. Such alternative gender narratives are used to contest and disrupt the meaning of the acceptable citizen, thus opening up new claims for citizenship and new forms of embodied subjectivity. These narratives are then used to critique the medical community's understanding and treatment of transsexuality, which is itself a site of coercion and normalisation. (shrink)

In this thesis I develop a model of the citizen which offers a resolution to the tension between the individual and society. This is done in two interconnected parts. In the first part of the thesis I establish the form of the citizen through a comparative analysis of the manifestation of the tension between the individual and society in the politicoeducational projects of Rousseau, Dewey and Freire in conversation with contemporary debates on the citizen. I identify the impact and influence (...) that Rousseau, Dewey and Freire have had on the contemporary debate, address their shortcomings through critical comparison and strengthen that conception within the context of the contemporary citizen. The conclusion is a citizen that is defined and discovered by the subjects that seek to embody its values. It is a bottom-up model that I call the Critical Citizen. In the second part of the thesis I investigate what model of education is suited for the development of the Critical Citizen and the political conditions necessary for its realisation. I offer an interactional and an institutional response to this investigation which addresses the relationships between members of a school as well as the relationship between the school and society. Both responses are developed through an analysis of authority as an instantiation of the tension between the individual and society, and of democratic education as a potential resolution to the problem of authority. I conclude my investigation with two radical recommendations, the first interactional and the second institutional, which is informed by the politico-educational projects of Rousseau, Dewey and Freire and the methodology which underpins their practice. I argue in favour of the large-scale incorporation of internally democratic schooling in schools in the UK and the federated disestablishment of education and state in order to protect the individuals subject to education from the coercive force of the state and of the free market. (shrink)

Fiction television series are one of the few cultural expressions in which men’s infertility experiences are represented. Through a content analysis of twenty fiction series, this article describes and analyzes such representations. By drawing on Connell’s concept of hegemonic masculinity and Ricoeur’s understanding of paradoxical power structuring, four character types of infertile men are identified: (1) the virile in/fertile man, (2) the secretly non-/vasectomized man, (3) the intellectual eunuch, (4) the enslaving post-apocalyptic man. While these various dramatis persona outline different (...) ways of how infertile men relate to normative hegemonic masculinity, they all represent infertile men as diverging from shared masculine norms. This non-normativity initially excludes many represented men from hegemonic positions. Eventually, however, these men generally aspire to and succeed in reaffirming their hegemonic masculinity through coercive force towards women and other men, through instigating the precondition for any power structure – the shared will to live together as a community –, and/or by seeking and finding explicit recognition for their normativity and dominance. At the end of this paper, I will reflect on the potential harmful effect of these outlined representations of infertile men and make a plea for diversifying representations of infertile men in our culture. (shrink)

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...) heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

O texto quer discutir, fundamentalmente, a formação do estudante universitário, tomando os mecanismos da pesquisa e da extensão como formas privilegiadas nesse processo. Para tanto, propõe-se a pôr em destaque a noção de conhecimento, visto como uma instância efetiva para a construção do sujeito consciente que é capaz de desenvolver uma visão crítica da realidade, sabendo discernir em meio às amarras que a força coatora da cultura lhe impõe. Acreditando que a Universidade pode operar essa passagem do ignorar ao conhecer (...) – que produz o sujeito consciente–, através da prática investigativa e do trabalho da extensão, o texto busca mostrar que a abertura ao saber decorre da possibilidade efetiva de romper com o processo nivelador a que a cultura submete os indivíduos. E, ao fazer isso, a Universidade estará formando o estudante, o sujeito do conhecimento e, sobretudo, o cidadão. Palavras-chave: Pesquisa; Extensão; Cultura; Universidade; Conhecimento cidadão. ABSTRACT This text aims at discussing, fundamentally, the qualification of university students, based on the belief that the mechanisms of research and extension activities are privileged forms in that process. For such, it highlights the notion of knowledge as an effective stage in the construction of a conscious subject apt to adopt a critical view of reality and to discern things despite the constraints imposed by the coercive forces of culture. In the belief that universities are capable of operating that passage from ignorance to knowledge – which engenders conscious subjects – through the practice of investigation and extension activities, the text endeavours to demonstrate that the way to knowledge results from the effective possibility of holding back that levelling process, and that culture submits individuals. Thus, universities shall qualify students as subjects of knowledge, that is, as real citizens. Key words: Research; Extension activities; Culture; University; Knowledge as citizen. (shrink)

InDriven from New Orleans, John Arena focuses on the contradictory role of nonprofits in facilitating the consensual removal of poor, black residents from inner-city spaces as the result of the privatisation and demolition of public housing. His account is constructive for delving into the on-the-ground struggles around public housing and the complexities of urban politics, and, more importantly, for situating the housing question at the heart of working-class struggles. His emphasis on how the gradual construction of consent was imperative in (...) paving the way for the sudden application of coercive force in the aftermath of Katrina is also a welcome correction to arguments that tend to see the post-Katrina policies as the cause célèbre of the striking and rapid reconfiguration of New Orleans. Arena, however, falls short of providing a historicised analysis of urban politics and the politics of nonprofits. (shrink)

Over the past twenty years, Private Military and Security Companies (PMSCs) have become significant elements of national security arrangements, assuming many of the functions that have traditionally been undertaken by state armies. Given the centrality of control over the use of coercive force to the functioning and identity of the modern state, and to international order, these developments clearly are of great practical and conceptual interest. This edited volume provides an interdisciplinary overview of PMSCs: what they are, why (...) they have emerged in their current form, how they operate, their current and likely future military, political, social and economic impact, and the moral and legal constraints that do and should apply to their operation. The book focuses firstly upon normative issues raised by the development of PMSCs, and then upon state regulation and policy towards PMSCs, examining finally the impact of PMSCs on civil-military relations. It takes an innovative approach, bringing theory and empirical research into mutually illuminating contact. Includes contributions from experts in IR, political theory, international and corporate law, and economics, and also breaks important new ground by including philosophical discussions of PMSCs. (shrink)

Suggests that the papers by B. D. Slife , M. Gergen , R. N. Williams , and M. S. Richardson demonstrated no simple solution to the free will problem. How humans achieve some limited exercise of FW in a world of nonagentic, coercive forces remains unclear, especially as human nature and lives represent complex phenomena in which the person who exercises FW is anything but omnipotent, ahistorical, self-contained, and acultural. 2012 APA, all rights reserved).

This article aims to shed light on the so-called post-truth moment and the responses of Walter Lippmann, Carl Schmitt, and John Dewey to the unstable basis and implications of truth—empirical or scientific, moral and axiological—in politics. At stake historically and today is an attempt to find political authority grounded in truth so as to preserve an autonomous sphere of freedom for the individual against the potentially irrational subjectivism backed by coercive force. Lippmann and Schmitt mirror the contemporary distrust (...) (or insistence as inescapable fact) of subjectivism and the rejection of pluralism as offering truth as an ordering principle for politics. I argue that Dewey’s turn to inquiry and his conception of truth and politics provides a timely defense of participatory democracy and a democratic ethos necessary to commit to acting on verifiable truth claims. I conclude by applying Dewey’s insights to current scholarship on truth, inquiry, and polarization today. (shrink)

In The Myth of Ownership, Liam Murphy and Thomas Nagel argue that achieving fairness in taxation is principally a matter of distributive justice. Distributive justice can be understood as being concerned with what is owed to people as a matter of justice. For Nagel and Murphy, fairness in tax schemes is subsumed to the question of distributive justice: fairly allocated tax liabilities are just those that are compatible with the preferred theory of distributive justice. Subsuming assessments of tax fairness to (...) distributive justice, however, overlooks the following possibility: that the question of how we ought to divvy up tax liabilities, and the burdens associated with running a society more generally, requires different, non-distributive considerations of justice. These are considerations of justice that aren’t essentially about distributive justice at all. I argue here that the division of burdens in a society is specifically a matter of contributive justice. Contributive justice is concerned with what people owe as a matter of justice, rather than what is owed to them. It makes the division of burdens itself evaluative salient in assessments of fairness. Even a comprehensive specification of distributive justice leaves indeterminate how the burdens of running a society should be fairly divided up. Each of the chapters in this dissertation develops one part of an account of contributive justice. I first make conceptual space for an account of contributive justice. By taking Murphy and Nagel’s lead, and working within the post-distribution, a distinctive need for principles of justice in contribution can be shown. Murphy and Nagel decline to introduce non-distributive principles for guiding the provision of post-distributive public goods. Instead, they favor efficiency in determining the provision of post-distributive of public goods. I show that contributive justice is genuinely distinct from both efficiency and distributive justice. I also identify one respect in which principles of contributive justice should bear: that of determining the financing and delivery and civic cultural public goods. I then argue that a principle of contribution in accordance with ability (a principle of “ability-to-pay”, or “ability-to-contribute”, for short) stands out as a candidate principle of contributive justice. The version of ability-to-pay that I defend is, in particular, a deontic principle of ability-to-pay. I show that a deontic principle of ability-to-pay is more closely allied with a view of society as a cooperative enterprise than utilitarian versions of ability-to-pay. An account of ability to contribute is developed by grafting a notion of opportunity cost onto Amartya Sen’s capability theory. Lastly, I incorporate contributive justice in an account of contributive legitimacy. Contributive legitimacy gives us a set of conditions under which the state’s use of coercive force to extract tax contributions is legitimate, and hence justified. Drawing on empirical evidence from the development and fiscal sociology literature, I show that contributive legitimacy in a state’s tax extraction practices is essential to rule of law, and the avoidance of kleptocratic authoritarianism. Contributive legitimacy supplements our understanding of conventional notions of political legitimacy and helps us identify possible failures of political legitimacy. These are failures that might be overlooked were we to focus solely on distribution. (shrink)