La 4e de couverture indique : "Dans cet ouvrage de référence consacré à une analyse approfondie du thème du consentement aux soins dans la pratique médicale, M.-F. Civil porte son regard de médecin et de philosophe sur les comportements de bon nombre de praticiens à l'heure actuelle plus ou moins soumis à la « mathématisation » de la médecine. Loin de se contenter d'un état des lieux complet de la question, il nous conduit pas à pas sur les chemins d'une (...) « éthique existentielle » tout à fait singulière, renvoyant à des situations pratiques de soins où délibérer avant d'agir et réfléchir à l'action déjà prise permet aux patients d'exprimer le sens donné à leur vécu dans le cadre de leur projet de vie immédiate ou future. Son approche très phénoménologique, aux côtés notamment de Heidegger et Husserl, ouvre la porte à un vaste chantier de réflexion pour tous ceux qui envisagent de se pencher sur la manière concrète d'être-au-monde en médecine comme souci pour soi et pour les autres. Ainsi ce livre interpelle les étudiants, les chercheurs, les professionnels de santé, mais également tous ceux qui ont été, ou seront, tôt ou tard, confrontés au problème du consentement.". (shrink)

Writing in 1978, on the eve of Thatcherism’s political triumph, the cultural theorist Stuart Hall (Hall et al., 2013, p. 193) claimed Britain was experiencing a ‘crisis of hegemony’; a political, e...

We can no longer speak of a state of war in any traditional sense, yet there is currently no viable theory to account for the manifold internal conflicts, or civil wars, that increasingly afflict the world's populations. Meant as a first step toward such a theory, Giorgio Agamben's latest book looks at how civil war was conceived of at two crucial moments in the history of Western thought: in ancient Athens (from which the political concept of stasis emerges) and later, (...) in the work of Thomas Hobbes. It identifies civil war as the fundamental threshold of politicization in the West, an apparatus that over the course of history has alternately allowed for the de-politicization of citizenship and the mobilization of the unpolitical. The arguments herein, first conceived of in the immediate aftermath of 9/11, have become ever more relevant now that we have entered the age of planetary civil war. (shrink)

The devastation arising from multiple factors originating in the Earth System has reached an unprecedented level in the last decades. So much so, that global, industrial civilization can be declared the cause of the shift of climatic and geological history, on Earth, in the age of Anthropocene. Industrial civilization is therefore threatened by consequences arising from its conditions. If civilization is to endure during the climate regime of Anthropocene it will need to transform into a form that (...) allows it to coexist harmoniously within the Earth System. The concept of ecological civilization tries to formulate the principles and imperatives of this transformation. Although it originated in the USA, only in China has it, so far, become part of the public, constitutional and political discourse. This chapter focuses on the philosophical roots of its Chinese version. It illuminates the different meanings associated with the concepts of culture and civilization in Western and Chinese thinking. Although the Chinese version of the concept of ecological civilization follows several Western concepts, it emphasizes traditional Chinese patterns of thought and ways of interpreting the world, especially Daoism. Contrary to the original version of Daoism’s emphasis on the principle of ecological democracy, the Chinese version exhibits authoritarian tendencies and this is reflected in Chinese environmental policies. Finally, the chapter focuses on risks, and inconsistencies, within the concept and with other Chinese policies and suggests ways in which China repeats approaches identifiable as European and North American green policies, not only, in industrialization but, also, in pursuit of green transformation. (shrink)

Calls for civility have been on the rise recently, as have presumptions that civility is both an academic virtue and a prerequisite for rational engagement and discussion among those who disagree. One imperative of epistemic decolonization is to unmask the ways that familiar conceptual resources are produced within and function to uphold a settler colonial epistemological framework. I argue that rhetorical deployments of ‘civility’ uphold settler colonialism by obscuring the systematic production of state violence against marginalized populations and Indigenous peoples, (...) relying on the colonial conceptual framework of ‘civilized’ vs ‘savage’, and excusing death-promoting rhetoric under the guise of liberal disagreement. (shrink)

The Internet is used for every conceivable form of communication and it is therefore only natural that it should be used as an infrastructure even for protest and civil disobedience. The technology however brings with it the ability to carry out new forms of protest, in new environments and also involve changed consequences for those involved. This article looks at four criminal activities, which are used as active forms of Internet based protest in use today and analysis these forms in (...) relation to the traditional civil disobedience discourse. The analysis is done by studying four basic criteria (disobedience, civil, non‐violence and justification) found in tradition civil disobedience discourse and observing their applicability in online environments. The purpose of this article is to better understand the political protest activities carried out online and to see whether traditional civil disobedience theory embraces these new forms of political activism. (shrink)

A highly original history, tracing civil war, the least understood and most intractable form of organized human aggression, from Ancient Rome through the centuries to present day.

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being (...) costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

Civility is often treated as an essential virtue in liberal democracies that promise to protect diversity as well as active disagreement in the public sphere. Yet the fear that our tolerant society faces a crisis of incivility is gaining ground. Politicians and public intellectuals call for "more civility" as the solution--but is civility really a virtue? Or is it something more sinister--a covert demand for conformity that silences dissent? Mere Civility sheds light on this tension in contemporary political theory and (...) practice by examining similar appeals to civility in early modern debates about religious toleration. In seventeenth-century England, figures as different as Roger Williams, Thomas Hobbes, and John Locke could agree that some restraint on the wars of words and "persecution of the tongue" between sectarians would be required; and yet, they recognized that the prosecution of incivility was often difficult to distinguish from persecution.--. (shrink)

Le Code civil français, premier code libéral et bourgeois d’Europe, passe, en raison de sa clarté systématique et de sa langue, pour un modèle de législation moderne. En outre, il eut une influence durable parce qu’il est resté en vigueur dans de nombreux pays d’Europe après la fin des conquêtes napoléoniennes. Pourtant, en comparaison avec d’autres codifications européennes et avec le droit coutumier de son temps, le Code français se caractérise, dans le droit conjugal et familial, par des règles particulièrement (...) rigides consolidant la domination masculine. L’article propose une analyse comparée de certains aspects du droit civil qui ont eu et ont encore un impact considérable sur la vie des femmes et sur l’histoire des mouvements féministes. Il se demande pourquoi les Françaises, qui se sont fait entendre plus tôt que d’autres dans leur lutte pour les droits des femmes qu’elles revendiquaient comme des droits humains, ont paradoxalement obtenu la reconnaissance de leur égale citoyenneté relativement tard (en 1944 seulement) par rapport aux autres pays européens. (shrink)

Future of religious observance.--Some thoughts on the transition from paganism to Christianity.--The civilization of Christendom.--Old problems under new names.--Are we agnostics?--The communication of moral ideas as a function of an ethical society.--Right and wrong in feeling.--Training in enjoyment.--Luxury and refinement.--The antithesis between individualism and socialism philosophically considered.--Liberty and legislation.

Civil Religion offers philosophical commentaries on more than twenty thinkers stretching from the sixteenth to the twentieth century. The book examines four important traditions within the history of modern political philosophy and delves into how each of them addresses the problem of religion. Two of these traditions pursue projects of domesticating religion. The civil religion tradition, principally defined by Machiavelli, Hobbes, and Rousseau, seeks to domesticate religion by putting it solidly in the service of politics. The liberal tradition pursues an (...) alternative strategy of domestication by seeking to put as much distance as possible between religion and politics. Modern theocracy is a militant reaction against liberalism, and it reverses the relationship of subordination asserted by civil religion: it puts politics directly in the service of religion. Finally, a fourth tradition is defined by Nietzsche and Heidegger. Aspects of their thought are not just modern, but hyper-modern, yet they manifest an often-hysterical reaction against liberalism that is fundamentally shared with the theocratic tradition. Together, these four traditions compose a vital dialogue that carries us to the heart of political philosophy itself. (shrink)

Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short li...

The vast majority of work on the ethics of war focuses on traditional wars between states. In this chapter, I aim to show that this is an oversight worth rectifying. My strategy will be largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts, and whether there are principled moral differences between the two types of case. Firstly, I argue that thinking about intrastate wars can help us make progress (...) on important theoretical debates in recent just war theory. Secondly, I consider whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national-defence. Finally, I assess the extent to which having popular support is an independent requirement of permissible war, and whether this renders insurgencies harder to justify than wars fought by functioning states. (shrink)

Radical Civility unearths civility's extraordinary potential by addressing why the virtue has fallen into crisis, recalling the injunctions that transpose utopia upon the stingy politics of likelihood, and by offering a vision of citizens who find purpose in dignifying each other. Jason Caro takes a three pronged approach; first identifying the effects of the misuse of civility, then expanding the meaning of civility, and finally offering applied examples of civility. Civility bears its participants to utopia. Such utopia has many forms: (...) the politics of unlikelihood, the civil community, the ideal civility situation, or charmocracy. Unlike many studies of political manners, Caro embraces the relation between the virtue and politeness. Civility is then the effort to have politics charm. Caro draws out the full potential of the virtue by observing how such politeness is a particular mode of communicative action whereby participants are not merely exchanging face-saving gestures but constructing utopia. This radical stance raises the stakes of the debate on civility by setting the book implacably against realism and its politics of likelihood. It will appeal to those in the social sciences, cultural studies, social psychology, philosophy, communication, and peace studies. (shrink)

This paper investigates civility from an Aristotelian perspective and has two objectives. The first is to offer a novel account of this virtue based on Aristotle’s remarks about civic friendship. The proposed account distinguishes two main components of civility—civic benevolence and civil deliberation—and shows how Aristotle’s insights can speak to the needs of our communities today. The notion of civil deliberation is then unpacked into three main dimensions: motivational, inquiry-related, and ethical. The second objective is to illustrate how the post-truth (...) condition—in particular, the spread of misinformation typical of the digital environments we inhabit—obstructs our capacity to cultivate the virtue of civility by impairing every component of civil deliberation. The paper hopes to direct virtue theorists’ attention to the need to foster civic virtues as a means of counteracting the negative aspects of the post-truth age. (shrink)

The essays in this volume blend historical and philosophical reflection with concern for contemporary political problems. They show that the causes and motivations of civil religion are a permanent fixture of the human condition, though some of its manifestations and proximate causes have shifted in an age of multiculturalism, religious toleration, and secularization.

Painless civilization is a term I coined in my Japanese book of the same title, which was published in 2003. Contemporary civilization aims to provide pleasure and comfort and eliminate pain and suffering as much as possible. This is especially evident in advanced countries. Contemporary civilization is moving toward a painless civilization. However, in a painless civilization, we are deprived of the joy of life, which is considered a fundamental source of meaning in life, and (...) we are led toward the situation of drowning in a sea of pleasure. This is a kind of dystopia, and we cannot find an easy way to escape from it. It is important to pay special attention to this aspect of contemporary civilization when we think about the future of our planet. (shrink)

Civilization, Modernity, and Critique provides the first comprehensive, cutting edge engagement with the work of one of the most foundational figures in civilizational analysis: Johann P. Arnason. In order to do justice to Arnason's seminal and wide-ranging contributions to sociology, social theory and history, it brings together distinguished scholars from a variety of disciplinary backgrounds and geographical contexts. Through a critical, interdisciplinary dialogue, it offers an enrichment and expansion of the methodological, theoretical, and applicative scope of civilizational analysis, by (...) addressing some of the most complex and pressing problems of contemporary global society. A unique and timely contribution to the ongoing task of advancing the project of a critical theory of society, this volume will appeal to scholars of sociology and social theory with interests in historical sociology, critical theory and civilizational analysis. (shrink)

State and civil society -- Empire without state -- Politics of life -- Saint Foucault -- Blood-dried codes -- The state of immanence -- Virtual state-making -- When society prevails -- Political and economic theology -- Foucault's apologia of neoliberalism.

A collection of essays on civil religion in modern political philosophy, exploring the engagement between modern thought and the Christian tradition.

The goal of this article is to show that mainstream liberal accounts of civil disobedience fail to fully capture the latter’s specific characteristics as a genuinely political and democratic practice of contestation that is not reducible to an ethical or legal understanding either in terms of individual conscience or of fidelity to the rule of law. In developing this account in more detail, I first define civil disobedience with an aim of spelling out why the standard liberal model, while providing (...) a useful starting point, ultimately leads to an overly constrained, domesticated and sanitized understanding of this complex political practice. Second, I place the political practice of civil disobedience between two opposing poles: symbolic politics and real confrontation. I argue that the irreducible tension between these poles precisely accounts for its politicizing and democratizing potential. Finally, I briefly examine the role of civil disobedience in representative democracies, addressing a series of recent challenges made in response to this radically democratic understanding of disobedience. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not adequately (...) justified by the arguments given in favor of them. Importantly, this is not to say that states ought not impose restrictive lockdown measures, but rather that the extent of the acceptance of these measures is not proportionate to the strength of the arguments for lockdowns. -/- We begin by exploring the case for restrictive lockdowns. We first argue that several of the principles that are used to justify the lockdowns yield unexpectedly revisionary implications for other political problems that many would be unwilling to accept. We then outline what we consider the strongest argument for a lockdown—namely, that its net welfare benefits are great enough to defeat the moral presumption against restricting citizens’ civil liberties to move, work, and assemble. However, we give a number of reasons for doubting that the lockdown’s net welfare benefits are, in fact, sufficiently high to defeat the presumption against it. (shrink)

What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions in political and (...) legal philosophy, ranging from John Rawls' seminal account in 1971, to the recent views advanced by Kimberley Brownlee, David Lefkowitz and William Smith. In the last chapter, the author proposes a novel account of civil disobedience, able to meet some of the unresolved challenges. The author argues that, to make sense of civil disobedience, we should expand our conception of political obligation, so to include acts that, despite being illegal, may reveal the agent's civility. (shrink)

This book explores a hitherto unexamined possibility of justifiable disobedience opened up by John Rawls’ Law of Peoples. This is the possibility of disobedience justified by appeal to standards of decency that are shared by peoples who do not otherwise share commitments to the same principles of justice, and whose societies are organized according to very different basic social institutions. Justified by appeal to shared decency standards, disobedience by diverse state and non-state actors indeed challenge injustices in the international system (...) of states. The book considers three case studies: disobedience by the undocumented, disobedient challenges to global economic inequities, and the disobedient disclosure of government secrets. It proposes a substantial analytical redefinition of civil disobedience in a global perspective, identifying the creation of global solidarity relations as its goal. Michael Allen breaks new ground in our understanding of global justice. Traditional views, such as those of Rawls, see justice as a matter of recognizing the moral status of all free and equal person as citizens in a state. Allen argues that this fails to see things from the global perspective. From this perspective disobedience is not merely a matter of social cooperation. Rather, it is a matter of self determination that guarantees the invulnerability of different types of persons and peoples to domination. This makes the disobedience by the undocumented justified, based on the idea that all persons are moral equals, so that all sovereign peoples need to reject dominating forms of social organization for all persons, and not just their own citizens. In an age of mass movements of people, Allen gives us a strong reason to change our practices in treating the undocumented. James Bohman, St Louis University, Danforth Chair in the Humanities This monograph is an important contribution to our thinking on civil disobedience and practices of dissent in a globalized world. This is an era where non-violent social movements have had a significant role in challenging the abuse of power in contexts as diverse, yet interrelated as the Arab Spring protests and the Occupy protests. Moreover, while protests such as these speak to a local political horizon, they also have a global footprint, catalyzing a transnational dialogue about global justice, political strategy and cosmopolitan solidarity. Speaking directly to such complexities, Allen makes a compelling case for a global perspective regarding civil disobedience. Anyone interested in how the dynamics of non-violent protest have shaped and reshaped the landscape for democratic engagement in a globalized world will find this book rewarding and insightful. Vasuki Nesiah, New York University. (shrink)

Taking the Scottish Enlightenment philosopher David Hume as its subject, this book breaks new ground in focusing its lens on a little-studied aspect of Hume's thinking: his understanding of money. George Caffentzis makes both an intervention in the field of monetary philosophy and into Marxian conceptions of the relation between philosophy and capitalist development. He vividly charts the ways in which Hume's philosophy directly informed the project of 'civilizing' the people of the Scottish Highlands and pacifying the English proletariat in (...) response to the revolts of both groups at the heart of the empire. Built on careful historical and philosophical detective work, Civilizing Money offers a stimulating and radical political reading of the ways in which Hume's fundamental philosophical claims performed concrete political functions. (shrink)

While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience and Deliberative Democracy offers (...) a ‘deliberative’ theory, which constitutes an attractive synthesis of the two camps as it conceives of civil disobedience as a guardian of both justice and deliberative democracy. In this review essay, I first revisit the ‘problem’ of civil disobedience, examining in particular the two pillars of the case against civil disobedience as Smith depicts it, namely, the prohibition on legal disobedience established by the moral duty to comply, and the notion that civil disobedience strains the bonds of civic friendship. I suggest, contra, that the duty to comply as Smith defends it fails to be comprehensive because it is tightly bound to deliberative democratic procedures, which are involved in the making of only a portion of authoritative decisions; and, contra, that civil disobedience does not strain, but instead invigorates, civic friendship. Second, I entertain the possibility that citizens have a moral duty, not a mere right, to resist injustice. I show that Smith’s theory, in particular his account of the moral duty to comply, provides the resources to defend a general duty to resist injustice which, depending on the circumstances, can demand protesting the law or frustrating injustice. Third, I contend that Smith’s conception of the different contexts of injustice—he identifies three main ones—should be expanded to include what I call ‘official disrespect’ and ‘deliberative ignorance’. I argue that each context offers reasons to disobey the law but not necessarily in the civil manner determined by Smith. (shrink)

The twenty-first century presents a major challenge for civil engineering. The magnitude and future importance of some of the problems perceived by society are directly related to the field of the civil engineer, implying an inescapable burden of responsibility for a group whose technical soundness, rational approach and efficiency is highly valued and respected by the citizen. However, the substantial changes in society and in the way it perceives the problems that it considers important call for a thorough review of (...) our structures, both professional and educational; so that our profession, with its undeniable historical prestige, may modernize certain approaches and attitudes in order to continue to be a reliable instrument in the service of society, giving priority from an ethical standpoint to its actions in pursuit of the public good . It possesses important tools to facilitate this work (new technologies, the development of communications, the transmission of scientific thought.···); but there is nevertheless a need for deep reflection on the very essence of civil engineering: what we want it to be in the future, and the ability and willingness to take the lead at a time when society needs disinterested messages, technically supported, reasonably presented and dispassionately transmitted. (shrink)

ABSTRACT:We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range (...) of morally important rituals in organizational life and that managers should preserve and develop the intelligibility and integrity of many of these rituals. (shrink)