In the United States, all military personnel swear to obey “the orders of the President of the United States and the orders of the officers appointed over me.” Military personnel must obey orders promptly in order to facilitate effective military functioning. Yet, obedience to orders has been associated with the commission of war crimes. Military personnel of all ranks have committed torture, rape, genocide, and murder under orders. “I was just following orders” (respondaet superior) is no longer accepted (...) as a complete defense to a charge of war crimes. In the words of the Nuremberg court: “The obedience of a soldier is not the obedience of an automaton. A soldier is a reasoning agent”. This means that military personnel cannot evade responsibility for their actions under orders. But when and under what conditions should military personnel disobey orders? If obedience is sometimes morally wrong, how can obedience be a military virtue? In this chapter I argue that the only plausible conception of military obedience as a virtue is reflective obedience: obedience governed and constrained by the ends of the military profession serving a legitimate state and by the laws of armed conflict. Section 1 explains the concept of obedience and outlines the idea of virtuous obedience. Section 2 explores when the military has legitimate authority to compel obedience. Section 3 concludes by exploring the limits on obedience that derive from the military’s status as a profession and the legitimacy of the military’s authority to issue orders. (shrink)

A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, (...) morally wrongful act or mental state.” Put that way, proxy crimes seem highly problematic, and Larry Alexander and Kimberly Ferzan bluntly put it, “We reject proxy crimes.” This Essay asks whether we should reject proxy crimes by presenting and evaluating Alexander and Ferzan’s treatment of the subject. After describing several different types of crimes that may be characterized as proxy crimes and Alexander and Ferzan’s rejection of most of them and their arguments for doing so, this Essay argues that their rejection of proxy crimes is incomplete, which leaves their theory open to a range of possibilities regarding the proper place of proxy crimes in criminal law. This Essay concludes that getting a handle on the problem of proxy crimes and overcriminalization requires a theory of the state and an articulation of the proper relationship between the state and its citizens that can give guidance on when the state can demand obedience from citizens to support the state and when failures to comply with such demands render one criminally culpable. Without such a theory, proposals to address overcriminalization cannot travel very far. (shrink)

In _Genealogy of Obedience_ Justyna Włodarczyk provides both a historical account of the changing methods of dog training in America since the 1850s and theoretical reflections on how the understanding of training has been entangled in conceptualizations of race, class and gender.

THERE’S a well-known scene in Shakespeare’s Henry V in which the King, disguised as an ordinary soldier, is conversing with some of his soldiers on the eve of the battle of Agincourt. Hoping to find or inspire support among them, he remarks: “Methinks I could not die anywhere so contented as in the King’s company, his cause being just and his quarrel honorable.” One soldier replies: “That’s more than we know,” whereupon a second says: “Ay, or more than we should (...) seek after; for we know enough if we know we are the King’s subjects: if his cause be wrong, our obedience to the King wipes the crime of it out of us.”. (shrink)

Crimes of Reason brings together expanded and updated versions of some of Braude’s best previously published essays, along with new essays written specifically for this book.

:This essay explores the meaning and normative significance of Locke’s depiction of individuals as proprietors of their own person. I begin by reconsidering the long-standing puzzle concerning Locke’s simultaneous endorsement of divine proprietorship and self-ownership. Befuddlement vanishes, I contend, once we reject concurrent ownership in the same object: while God fully owns our lives, humans are initially sole proprietors of their own person. Locke employs two conceptions of “personhood”: as expressing legal independence vis-à-vis humans and moral accountability vis-à-vis God. Humans (...) own their person in the first sense. As original proprietors of their own person, individuals are entitled to subject themselves to self-chosen authorities, thereby incurring obligations of obedience. But they may not choose just any authority. Divine ownership of human life delimits personal self-ownership by restricting the ways in which humans can dispose of their persons: we cannot possibly consensually subject ourselves to absolute and arbitrary power. Locke’s rights-forfeiture theory for crime makes slavery and despotism nonetheless potentially rightful conditions. I argue that, paradoxically, divine dominium of human life underpins both the impermissibility of voluntary enslavement and the justifiability of penal slavery. My analysis helps explain why modern Lockean theories of self-ownership that reject Locke’s theological premises have adopted an ambiguous stance toward despotic rule. (shrink)

Simone Weil (1909-1943) was one of the foremost French philosophers of the 20th century; a mystic, activist, and writer whose profound work continues to intrigue and inspire today. -/- Mirror of Obedience collects together Weil's poetry and autobiographical writings translated into English for the first time. It offers a rare glimpse into a more personal and introspective Weil than we usually encounter. She was writing and re-working her poems until the end of her life and in a letter from (...) London to her parents, dated 22 January 1943, she expressed the wish for her verses to appear together in print in chronological order, a wish which this volume honours. -/- Weil was a thinker who wrote with discipline and spareness and cherished the poetic form for its power to compress language and distill meaning. In these poems and literary writings, we see her own efforts to craft poems as essential expressions of thought, bringing into view another aspect of Weil's quest for beauty and truth. (shrink)

Terrorist organisations have increased and widened in Iraq in particular and the world in general in recent years. People have suffered a lot from these terrorist organisations due to their thirst for killing innocent civilians. The study aims to convey the suffering of innocent Iraqis caused by terrorist acts to the world. In order to achieve the aim, the research adopted Barthes’s framework to analyse the selected photographs. The researchers have selected iconic photographs for the analysis. The photographs are taken (...) from the main websites of the local, Arabic, and foreign media. The study found out that terrorism is the brutal enemy of all Iraqi societies including Sunnis, Shia, Kurds, Christians, and Yazidis. This research is a clear example that shows the world the extent of the suffering, pain, and fear Iraqi people are facing because of terrorism. (shrink)

Systematic killing has long been associated with some of the darkest episodes in human history. Increasingly, however, it is framed as a desirable outcome in war, particularly in the context of military AI and lethal autonomy. Autonomous weapons systems, defenders argue, will surpass humans not only militarily but also morally, enabling a more precise and dispassionate mode of violence, free of the emotion and uncertainty that too often weaken compliance with the rules and standards of war. We contest this framing. (...) Drawing on the history of systematic killing, we argue that lethal autonomous weapons systems reproduce, and in some cases intensify, the moral challenges of the past. Autonomous violence incentivizes a moral devaluation of those targeted and erodes the moral agency of those who kill. Both outcomes imperil essential restraints on the use of military force. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:OBEYING BAD ORDERS AND SAVING LIVES: THE STORY OF A FRENCH OFFICER Pierre d'Elbée Société Caminno, Paris The story is told that during the Paris riots of 1 848, a military officer received an order to evacuate a certain square by firing upon the "rabble." He left the garrison with his troops and started for the square to be cleared. Upon his arrival, he took up a position with (...) his soldiers who raised their guns to fire upon the crowd. In the profound silence that ensued, he cried: "I have received the order to fire upon the rabble; but as I perceive before me many honest people, I ask them to depart so that I may execute this order." In a few moments, the square was vacant. In circumstances such as these, a decision that saves both others and oneself is not easy to achieve. In such a repressive framework where legal violence is permitted, it is the duty of an officer to obey the order of his superiors, and when we hear or read this story for the first time, we do not see how a happy outcome is possible. The story ought to be dramatic, but what is astonishing is precisely that it is not. We expect the worst, which is what usually happens, the most optimistic among us perhaps hoping secretly for a happy end. But happy endings belong to the universe ofthe marvelous, and life does not resemble a story, as the pessimist murmurs within us. Still, it is the happy ending that in fact occurs, and our astonishment is bound to its improbability. Is it chance? Luck? Inspiration? Premeditation? No doubt there is something of all of this in the officer's decision, and his elegant intervention raises a smile in our skeptical hearts. It testifies that although not easy, one can discover a new way that responds to the secret hope of being really ourselves without getting caught within the web of necessity. Such an attractive path merits no doubt that we dwell on it a little more. 46Pierre d'Elbée Let us follow the officer and imagine we are in his place. It is clear that what is most striking in this story is the moment ofthe face-to-face between the officer and the crowd. It is worthwhile to back up a little, however. From the moment he receives his order to the moment of the face-to-face, the officer must live through some very bad moments: it is no little thing to fire upon a crowd even if legality is on our side. We all know that the worst crimes have been perpetrated under the cover of obedience. Such refuge within authority is rather a hell where one abdicates a part of oneself. The function ofan officer does not stop him from being equally a man, one with feelings, beliefs, values. He knows that the rioters, whatever their fight, cannot be reduced to the term "rabble." Rabble, "rabid," dog. These people deserve no doubt a bit more consideration than that. Who can assert that the riot does not express real sufferings, legitimate rights, slighted dignities? Who could feel comfortable executing the individual who claims his due? A praiseworthy indignation. From that point to justify an heroic ethics of non-violence, is only a small step. "No, I will not fire upon a crowd whose wrong or right deed is to be angry." The officer must undoubtedly have in mind similar thoughts. Inversely, perhaps he justifies himself by saying to himselfthat after all, the rioters disturb the public order. Ifone does not react vigorously and repressively, the riot could degenerate into a general revolution. The order is justified not only by legality but also by a morality ofthe common good. And anyway, ifhe does not empty the square by firing upon the crowd, someone else will. So he might as well do the dirty job himselfto avoid shifting the weight ofthis responsibility onto someone else. And thus, to the devil with such qualms. Life is sufficiently complicated as it is. Let us put it simply: my job as an officer is to obey orders? I obey. On... (shrink)

In this paper, I summarize and object to the “deep-self” view of moral responsibility as laid out by Susan Wolf in “Sanity and the Metaphysics of Responsibility.” My objection centers on how our intuitions regarding crimes of passion conflict with the conclusions drawn by the deep-self view. I then proceed to sketch out three possible responses which can be made by an adherent to the deep-self view and make my recommendations on how such adherents should proceed in further understanding (...) moral responsibility. (shrink)

This paper is a critical study of Christians among the Virtues: Theological Conversations with Ancient and Modern Ethics by Stanley Hauerwas and Charles Pinches. It has four parts. First, I consider several possible responses to G. E. M. Anscombe’s famous challenge to modern moral philosophy in order to provide a framework in which the project of Hauerwas and Pinches can be located. Next I criticize their attempt to eliminate the realm of obligation from morality. Then I examine their treatment of (...) Martha Nussbaum’s work onAristotle in order to explore differences between secular and Christian appropriations of Aristotle. Finally, I discuss their views on the virtue of obedience and criticize their arguments against rival Kantian and divine command views. (shrink)

Milgram’s experiments, subjects were induced to inflict what they believed to be electric shocks in obedience to a man in a white coat. This suggests that many of us can be persuaded to torture, and perhaps kill, another person simply on the say-so of an authority figure. But the experiments have been attacked on methodological, moral and methodologico-moral grounds. Patten argues that the subjects probably were not taken in by the charade; Bok argues that lies should not be used (...) in research; and Patten insists that any excuse for Milgram’s conduct can be adapted on behalf of his subjects. (Either he was wrong to conduct the experiments or they do not establish the phenomenon of immoral obedience). We argue a) that the subjects were indeed taken in b) that there are good historical reasons for regarding the experiments as ecologically valid, c) that lies (though usually wrong) were in this case legitimate, d) that there were excuses available to Milgram which were not available to his subjects and e) that even if he was wrong to conduct the experiments this does not mean that he failed to establish immoral obedience. So far from ‘disrespecting’ his subjects, Milgram enhanced their autonomy as rational agents. We concede however that it might (now) be right to prohibit what it was (then) right to do. (shrink)

I hold that we could justifiably criminalize some threats, on account of the fact that issuing them renders one more likely to commit a crime. But I also point out that if we criminalize some threat-issuing, we will de facto criminalize some warning-issuing, which is unjust. So we ought not to criminalize any threat-issuing. Instead, we should criminalize rendering oneself more likely to commit a crime. This would allow us to punish all the threat-issuers we should want to punish. It (...) would also force us to punish some warning-issuers, but we would not be punishing them for their warning-issuing. (shrink)

This book, Emerson, the Philosophy of Obedience, attempts to trace Emerson who sought to integrate Western and Eastern thoughts to found a new philosophy in the new world. An ardent admirer of Plato, he is at the same time an enthusiast of Eastern philosophy. "Memory," for example, is one of his last lecture series, "Natural Method of Mental Philosophy," in which men are all taken as the halves, because men have aftersight, but not aforesight. Memory is, to Emerson, not (...) only to call forth the past knowledge to the present, but also there is something related to the future, because some past things memorized in the mind are changed into "a possession of its law." This is called "a mutation in quality," by which past things in the mind come into "a possession of its law," obeying the law, just as, in Phaedo, "all the apparent equals strive to attain absolute equality." The Platonic method of Analogy works doubtlessly in Emerson. Men obey this law, because "Nature and [Man] are from one source, and that he, when humble and obedient, is nearer to the source." The mind is such a movement, as he finds that "The mind yields sympathetically to the tendencies or laws which stream through things." The idea of "humble and obedient," or humility and obedience, comes originally from the Chaldæan Oracles and the Heetopades, which have a decisive influence on Emerson, through "the light-armed arrive at the summit," and "the flower of the mind." Because of this profound Eastern thought and ideas, he is called "this student of Eastern philosophy.". (shrink)

Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field of morals (...) and theory of morality, and, especially, regarding the different manner of establishing the elements to whom obedience is rather owed (the divinity, the sovereign, the law) and the relations between these. Hence, the present paper aims at analyzing the connections between moral responsibility and legal responsibility for wrongful behaviur during war in a diachronic approach, along with the major shifts in paradigm (codification and individual liability). Understanding morality as practice, convention, custom, we are arguing that the nowadays requirement of liability for war crimes appeared due to an assumed intention and practice of the decision-making entities (the sovereign, the state) and, ultimately, to a decision-making process of the most influential states. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 231-248.

One such term is “the international community.†The literal sense is reasonably clear; the U.N. General Assembly, or a substantial majority of it, is a fair first approximation. But the term is regularly used in a technical sense to describe the United States joined by some allies and clients. (Henceforth, I will use the term “Intcom,†in this technical sense.) Accordingly, it is a logical impossibility for the United States to defy the international community. These conventions are illustrated well enough (...) by cases of current concern. (shrink)

The work of Galileo has been strangely neglected in the English-speaking world. His trial by the Roman Inquisition has always had notoriety, but has hitherto been seriously known only through the English translation from the German of Karl von Gebler’s brilliant study, Galileo Galilei and the Roman Curia. Although Galileo is, above all men, the founder of the modern scientific age, his chef d’oeuvre, the Dialogues on the Two Great Systems of the World, has been practically unknown to English readers; (...) the English translation of 1661 by Thomas Salusbury being exceedingly rare. (shrink)

Daly, Brendan About a month before my ordination as a priest on 7 May 1977, my diocesan bishop asked me to come and see him at his office. He said after my ordination I was going to be appointed to Mairehau parish as an assistant priest. Two weeks later I was making my pre-ordination retreat and the bishop arrived to see me. He was embarrassed and said 'We have a problem. One parish priest won't take the assistant priest that I (...) want to give him, and another assistant priest won't go where he is appointed, so the end result is that you are now going to Addington parish. Is that okay?' I replied 'Yes.' Both parishes were in Christchurch city, and I did not know either parish priest personally, so it really did not matter at all. However, two weeks later at my ordination ceremony, it came time for the promise of obedience. I knelt down before the bishop who asked me did 'I promise him and his successors obedience and respect.' At the same time as he said this I was conscious of the thought going through my mind, 'what does it all mean anyway?'. (shrink)

In this paper I give an account and defence of the thought and practice associated with the notion of obedience in religious ethics, especially in reply to the claim that obedience is necessarily unconscientious. First, I argue that it is conscientious to give weight to commands if they are identifiable as pieces of authoritative advice, or, as theists commonly believe, if they have intrinsic moral force. Second, I argue that a theist's strictly moral reasons for fulfilling obligations are (...) not replaced but reinforced by reasons arising out of a personal relationship with God. Anyone who loves God will want to please God, to act in accordance with His teaching and to avoid His punishment, and theists can do these things by respecting existing moral reasons for action. Third, I show how it can be valuable that people submit to God in further ways, by doing what God commends, and by committing themselves to obeying divine commands which would not otherwise be addressed to them. Finally, I argue that subordinating oneself to God's will is itself a partial attainment of the spiritual ideal of mystical union with God. (shrink)

This article presents an empirical investigation into the construction of obedience in letters of applications mailed to National Socialist authorities for the position of executioner between the years 1933 and 1945. To this end, a corpus of 178 letters of application was compiled, annotated, and analyzed using the corpus analysis toolkits Antconc and Lancsbox. A quantitative and qualitative analysis of the corpus was conducted. The findings were related to and interpreted from the perspectives of applied legal linguistics, stylistics, and (...) legal history. The project aims to explore the construction of a shared discourse of obedience and how this discourse is operative in the letters of application. Drawing on an explorative interdisciplinary framework, this project seeks to answer the following research questions: Is obedience a construct in applicants’ letters of motivation? Which linguistic devices and discursive strategies are used by the executioners to express submission to officials of the National Socialist state? Are there variants of the construction of submission by applicants? (shrink)

Abstractabstract:In the field of interreligious dialogue, it is sometimes easier to find points of contact between the practical aspects of the major faith traditions, rather than focus on matters of philosophy or theology. This essay explores the possible commonality between monastic/religious life in Christianity and Buddhism as described in the foundation documents of the Franciscan and Theravāda traditions. The particular focus will be the virtue (or vice, depending on one's perspective) of obedience. In Christian monastic tradition a common summary (...) of the commitments made by a "religious," that is, a monk or nun, brother or sister, is the triple vow of poverty, chastity, and obedience (Latin: paupertas, castitas, and obedientia). These values are strongly represented in all Christian monastic rules. They were explicitly cited in the Rules of Saint Francis of Assisi (1182–1226). The question explored here is whether the practice of obedience as delineated in the Later Rule (the Regula Bullata, 1223) of St. Francis has any parallel in the Buddhist monastic code, known in the Theravāda scriptural language of Pāli as the Vinaya, and in the Dialogues of the Buddha, known as the Suttas. Areas to be explored include obedience to the teaching of the founders and their monastic rules, the process of reception into the monastic community, and the roles of preceptors, ministers, and spiritual guides. (shrink)

The present article analyses the so-called ‘crime of denial’ recently established in Article 1702 of the Lithuanian Criminal Code. It describes how this crime was introduced in the Lithuanian Law, and the reasons for its present form and challenges. The crime has been applied in two instances (Stankeras case and Paleckis case). The author discusses these two instances of application, critically reviews the arguments of the Prosecutor’s Office and of the court of first instance and shows that at least in (...) the first cases of application of this crime, its objectives and particularities are misunderstood. (shrink)

From the Publisher: The military claims to be an honourable profession, yet military torture is widespread. Why is the military violating its own values? Jessica Wolfendale argues that the prevalence of military torture is linked to military training methods that cultivate the psychological dispositions connected to crimes of obedience. While these methods are used, the military has no credible claim to professional status. Combating torture requires that we radically rethink the nature of the military profession and military training.

In chapter 6 of Attempts , Gideon Yaffe defends the thesis that it is “possible to attempt crimes of negligence” ( 2010 , p. 173). I am persuaded that he is right about this, provided that “attempt crimes of negligence” is read as (potentially misleading) shorthand for “attempt to bring it about that we commit crimes of negligence.” But I find certain parts of his defense unpersuasive. My discussion of those parts of his argument motivates the following (...) thesis: Not only can one attempt to bring it about that one commits a crime of negligence, but the attempt can be successful as well. (shrink)